Terms & Conditions
Terms of Service:
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Vital Coat, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
- Your www.vitalcoat.com Account and Site. If you create a blog/site on the Website, you are responsible for maintaining the security of your account and blog, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. You must not describe or assign keywords to your blog in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Vital Coat may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Vital Coat liability. You must immediately notify Vital Coat of any unauthorized uses of your blog, your account or any other breaches of security. Vital Coat will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
- Responsibility of Contributors. If you operate a blog, comment on a blog, post material to
the Website, post links on the Website, or otherwise make (or allow any third party to make) material
available by means of the Website (any such material, "Content"), You are entirely responsible for
the content of, and any harm resulting from, that Content. That is the case regardless of whether the
Content in question constitutes text, graphics, an audio file, or computer software. By making Content
available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- your blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog's URL or name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Vital Coat or otherwise.
By submitting Content to Vital Coat for inclusion on your Website, you grant Vital Coat a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your blog. If you delete Content, Vital Coat will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Vital Coat has the right (though not the obligation) to, in Vital Coat sole discretion (i) refuse or remove any content that, in Vital Coat reasonable opinion, violates any Vital Coat policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Vital Coat sole discretion. Vital Coat will have no obligation to provide a refund of any amounts previously paid.
- Payment and Renewal.
- General Terms.
By selecting a product or service, you agree to pay Vital Coat the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Payments are not refundable.
- Automatic Renewal.
Unless you notify Vital Coat before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time by submitting your request to Vital Coat in writing.
- General Terms.
- Fees; Payment. By signing up for a Services account you agree to pay Vital Coat the applicable setup fees and recurring fees. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services. Vital Coat reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Services can be canceled by you at anytime on thirty (30) days written notice to Vital Coat.
- Support. If your service includes access to priority email support. "Email support" means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by Vital Coat to respond within one business day) concerning the use of the VIP Services. "Priority" means that support takes priority over support for users of the standard or free www.vitalcoat.com services. All support will be provided in accordance with Vital Coat standard services practices, procedures and policies.
- Responsibility of Website Visitors. Vital Coat has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material's content, use or effects. By operating the Website, Vital Coat does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Vital Coat disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which www.vitalcoat.com links, and that link to www.vitalcoat.com. Vital Coat does not have any control over those non-Vital Coat websites and webpages, and is not responsible for their contents or their use. By linking to a non-Vital Coat website or webpage, Vital Coat does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Vital Coat disclaims any responsibility for any harm resulting from your use of non-Vital Coat websites and webpages.
- Copyright Infringement and DMCA Policy. As Vital Coat asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by www.vitalcoat.com violates your copyright, you are encouraged to notify Vital Coat in accordance with Vital Coat Digital Millennium Copyright Act ("DMCA") Policy. Vital Coat will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Vital Coat will terminate a visitor's access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Vital Coat or others. In the case of such termination, Vital Coat will have no obligation to provide a refund of any amounts previously paid to Vital Coat.
- Intellectual Property. This Agreement does not transfer from Vital Coat to you any Vital Coat or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Vital Coat. Vital Coat, www.vitalcoat.com, the www.vitalcoat.com logo, and all other trademarks, service marks, graphics and logos used in connection with www.vitalcoat.com, or the Website are trademarks or registered trademarks of Vital Coat or Vital Coat licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Vital Coat or third-party trademarks.
- Advertisements. Vital Coat reserves the right to display advertisements on your blog unless you have purchased an ad-free account.
- Attribution. Vital Coat reserves the right to display attribution links such as 'Blog at www.vitalcoat.com,' theme author, and font attribution in your blog footer or toolbar.
- Partner Products. By activating a partner product (e.g. theme) from one of our partners, you agree to that partner's terms of service. You can opt out of their terms of service at any time by de-activating the partner product.
- Domain Names. If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers ("ICANN"), including their Registration Rights and Responsibilities.
- Changes. Vital Coat reserves the right, at its sole discretion, to modify
or replace any
part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your
continued use of or access to the Website following the posting of any changes to this Agreement constitutes
acceptance of those changes. Vital Coat may also, in the future, offer new services and/or
through the Website (including, the release of new tools and resources). Such new features and/or services
shall be subject to the terms and conditions of this Agreement.
- Termination. Vital Coat may terminate your access to all or any part of
the Website at
any time, with or without cause, with or without notice, effective immediately. If you wish to terminate
this Agreement or your www.vitalcoat.com account (if you have one), you may simply
Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be
terminated by Vital Coat if you materially breach this Agreement and fail to cure such
thirty (30) days from Vital Coat notice to you thereof;
provided that, Vital Coat can terminate the Website immediately as part of a general shut
down of our
service. All provisions of this Agreement which by their nature should survive termination shall survive
termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and
limitations of liability.
- Disclaimer of Warranties. The Website is provided "as is". Vital Coat and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Vital Coat nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
- Limitation of Liability. In no event will Vital Coat, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Vital Coat under this agreement during the twelve (12) month period prior to the cause of action. Vital Coat shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless Vital Coat, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between Vital Coat and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Vital Coat, or by the posting by Vital Coat of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the Florida, USA, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Leon County. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Leon County, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Vital Coat may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Vital Coat ("Vital Coat") operates www.vitalcoat.com and may operate other websites. It is Vital Coat policy to respect your privacy regarding any information we may collect while operating our websites.
Like most website operators, Vital Coat collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. Vital Coat purpose in collecting non-personally identifying information is to better understand how Vital Coat visitors use its website. From time to time, Vital Coat may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.
Vital Coat also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged in users and for users leaving comments on www.vitalcoat.com blogs/sites. Vital Coat only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below, except that commenter IP addresses and email addresses are visible and disclosed to the administrators of the blog/site where the comment was left.
Gathering of Personally-Identifying Information
Certain visitors to Vital Coat websites choose to interact with Vital Coat in ways that require Vital Coat to gather personally-identifying information. The amount and type of information that Vital Coat gathers depends on the nature of the interaction. For example, we ask visitors who sign up at www.vitalcoat.com to provide a username and email address. Those who engage in transactions with Vital Coat are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, Vital Coat collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor's interaction with Vital Coat. Vital Coat does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.
Vital Coat may collect statistics about the behavior of visitors to its websites. Vital Coat may display this information publicly or provide it to others. However, Vital Coat does not disclose personally-identifying information other than as described below.
Protection of Certain Personally-Identifying Information
Vital Coat discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on Vital Coat behalf or to provide services available at Vital Coat websites, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using Vital Coat websites, you consent to the transfer of such information to them. Vital Coat will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, Vital Coat discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental request, or when Vital Coat believes in good faith that disclosure is reasonably necessary to protect the property or rights of Vital Coat, third parties or the public at large. If you are a registered user of an Vital Coat website and have supplied your email address, Vital Coat may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what's going on with Vital Coat and our products. If you send us a request (for example via email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. Vital Coat takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.
If Vital Coat, or substantially all of its assets, were acquired, or in the unlikely event that Vital Coat goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of Vital Coat may continue to use your personal information as set forth in this policy.
GUARANTEES AND WARRANTIES
1- Limited Warranty for Vital Coat Concrete Sealers V-100, V-200 and V-300.
Vital Holdings LLC (“Vital”) expressly warrants that its products shall be free from defects and of merchantable quality. If the above products fail to produce results consistent with Vitals’ specifications for the application in question, Vital will replace the defective product or issue a full refund of the purchase price including the original shipping charges at its sole discretion. A 20% restocking fee may apply. Any claim must be made within thirty (30) days from the date of purchase. Retain your receipt and tracking information and contact us after you know the product has been received by us. Vital shall not be responsible for inferior materials and other products used previously resulting in unsatisfactory surfaces or improper applications to warrant product performance. Vital shall not be responsible for the cost of repair, removal, installation or re-installation of any products or items supplied by third parties. Furthermore, without Vitals’ written consent, Vital will not be responsible for, and assumes no liability for the materials or workmanship or any transportation charges, labor costs or other related replacement of defective products.
This warranty shall be void if: (a) the products have not been stored, installed, maintained or applied in accordance with Vitals’ instructions, recommendations and directions or accepted industrial standards and practices, (b) the products have been subjected to any accident, misapplication, abuse or misuse, (c) a buyer has used, repaired, or modified the products after the discovery of the defect without Vitals’ prior written consent to continue use, or (d) a buyer refuses to permit Vital to determine the nature of defect claimed. Vital has not, does not and will not authorize anyone on its behalf to make any written or oral statements which in any way alter Vitals’ installation information or instructions in its product literature or on its packaging labels.
2-100% Satisfaction Guarantee If for any reason, within thirty (30) days of receipt of our products you are dissatisfied with the performance of any of our products or you are experiencing problems, please contact us with details of your issues or problem. If we cannot satisfactorily resolve your problem, then we will issue a full refund of the purchase price minus a possible 20% restocking fee. Vital promises to make every attempt possible to guarantee your satisfaction. You, our customer, are greatly appreciated.
- All products are available for shipping and are not regulated by DOT.
- All products are shipped within 3-5 business days once payment is received. A confirmation email will be sent to the customer when the order is shipped.
- Shipping is for the continental United States. Please contact Vital Coat to discuss any shipping outside of the continental United States prior to making any order. Certain countries and regions may be excluded
- Shipping companies are chosen exclusively by Vital Coat.
4-Return Policy Any UNOPENED container(s) of product may be returned to us within thirty (30) days of the purchase date to:
Vital Holdings, LLC
2172 Arendell Way
Tallahassee, Florida 32308
Please include a copy of the original shipping invoice that includes the order number with your package.
Customer is responsible for return shipping.
5-Website Usage Terms and Conditions
The term ‘Vital Holdings LLC’ or ‘us’ or ‘we’ or ‘Vital Coat’ refers to the owner of the website whose registered office is 2672 Arendell Way, Tallahassee, Florida. 32308. The term ‘you’ refers to the user or viewer of our website.
- The content of the pages of this website is for your general information and use only. It is subject to change without notice.
- Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
- This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
- All trademarks reproduced on this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
- Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
- From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
- You may not create a link to this website from another website or document without Vital Holdings LLC’s prior written consent.
- Your use of this website and any dispute arising out of such use of the website is subject to the laws of Leon County and the State of Florida, USA, respectively.
Collection of Information We collect personally identifiable information, such as names, postal addresses, email addresses, etc., when voluntarily submitted by our visitors. The information you provide is used to fulfill your specific request. This information is only used to fulfill your specific request, unless you authorize us to use it for other reasons or purposes, for example to add you to one of our mailing lists or statistical sales and customer service surveys. However, we may retain any and all of your personal information as law requires or a dispute arises.
Cookie/Tracking Technology The Site may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the Site, and understanding how visitors use the Site. Cookies can also help customize the Site for visitors. Personal information cannot be collected via cookies and other tracking technology; however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties.
Distribution of Information We may share information with governmental agencies or other companies assisting us in fraud prevention or investigation. We may do so when: (1) permitted or required by law; or, (2) trying to protect against or prevent actual or potential fraud or unauthorized transactions; or, (3) investigating fraud which has already taken place. The information is not provided to these companies for marketing purposes.
Commitment to Data Security We are committed to keeping your personally identifiable information safe and secure. Only authorized employees, agents and contractors (who have agreed to keep information secure and confidential) have access to this information. All emails and newsletters from this site allow you to opt out of further mailings.
We reserve the right to make changes to our policies found under these Terms and Conditions. Any changes to our policies found here will be posted on the website. Upon any such changes we are required to make, you hereby agree that we may change them at any time without direct, independent notice to you. Additionally, you hereby agree that it is your responsibility to stay current and check for any and all changes made to this website.