Terms & Conditions
Last Modified: September 25, 2019
This website is operated by Vietri, Inc. (“VIETRI”). All questions should be directed to:
Retail Website Customer Service Department
343 Elizabeth Brady Rd.
Hillsborough, NC 27278
Your use of vietri.com (the “Website”) is governed by the following terms and conditions (the “Terms and Conditions”). Your use of the Website constitutes your agreement to comply with the Terms and Conditions and to be bound by them. If you do not agree with the Terms and Conditions, do not use the Website. VIETRI reserves the right to revise the Terms and Conditions at any time in VIETRI’s sole discretion. Such revisions to the Terms and Conditions are effective immediately upon posting. Your use of the Website after any revisions have been made to the Terms and Conditions constitutes your agreement to follow the revised Terms and Conditions and to be bound by them. You are expected to check this page frequently so that you are aware of any changes, as they are binding on you.
The Website is offered and available to users who are 18 years of age or older. By using the Website, you represent and warrant that you are of legal age to form a binding contract with VIETRI and are 18 years of age or older. If you do not meet these requirements, you must not access or use the Website.
Accessing the Website and Account Security
VIETRI reserves the right to withdraw or amend the Website, and any service or material VIETRI provides on the Website, in VIETRI’s sole discretion without notice. VIETRI will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, VIETRI may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for:
- Making all arrangements necessary for you to have access to the Website.
- Ensuring that all persons who access the Website through your internet connection are aware of the Terms and Conditions and comply with them.
If you choose, or are provided with, a user name, password, or any other piece of information as part of VIETRI’s security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Website or portions of it using your user name, password, or other security information. You agree to notify VIETRI immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
VIETRI has the right to disable any user name, password, or other identifier, whether chosen by you or provided by VIETRI, at any time in VIETRI’s sole discretion for any or no reason, including if, in VIETRI’s opinion, you have violated any provision of the Terms and Conditions.
Guard Your Login Information
VIETRI provides services to its merchants that may be accessed by using certain login information. If You are a merchant services user (“Merchant User”), You agree to safeguard the login information you use to access the Website. You authorize VIETRI to assume that any person using the Website with your login information is either you, or is authorized to act on your behalf. You may use the merchant services only while you are a registered user.
Intellectual Property Rights
All of the content on the Website (images, illustrations, graphics and text) are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by VIETRI or by third parties who have licensed their materials to VIETRI. The entire content of the Website is copyrighted as a collective work under U.S. copyright laws. The content of the Website is intended solely for non-commercial, personal use. You may download portions of the Website provided they are for personal non-commercial use, they are not broadcast in any media and are not altered in any way. VIETRI reserves complete title and full intellectual property rights in any content downloaded from the Website.
You may use the Website only for lawful purposes and in accordance with the Terms and Conditions. You agree not to use the Website:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States of America or other countries).
- To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards (as defined herein).
- To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
- To impersonate or attempt to impersonate VIETRI, a VIETRI employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by VIETRI, may harm VIETRI or users of the Website, or expose them to liability.
Additionally, you agree not to:
- Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
- Use any robot or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in the Terms and Conditions, without VIETRI’s prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Website.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Website.
The Website contains product review sections and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website.
All User Contributions must comply with the Content Standards (as defined herein). Any User Contribution you post to the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant VIETRI and VIETRI’s affiliates and service providers, and each of their and VIETRI’s respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the license granted above to VIETRI and VIETRI’s affiliates and service providers, and each of their and VIETRI’s licensees, successors, and assigns.
- All of your User Contributions do and will comply with the Terms and Conditions.
- You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not VIETRI, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
- VIETRI is not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.
Monitoring and Enforcement; Termination
VIETRI has the right to:
- Remove or refuse to post any User Contributions for any or no reason in VIETRI’s sole discretion.
- Take any action with respect to any User Contribution that VIETRI deems necessary or appropriate in VIETRI’s sole discretion, including if VIETRI believes that such User Contribution violates the Terms and Conditions, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for VIETRI.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
- Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of the Terms and Conditions.
Without limiting the foregoing, VIETRI has the right to cooperate fully with any law enforcement authorities or court order requesting or directing VIETRI to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS VIETRI AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, VIETRI cannot review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, VIETRI assumes no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. VIETRI has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards (the “Content Standards”) apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
- Give the impression that they emanate from or are endorsed by VIETRI or any other person or entity, if this is not the case.
Linking to the Website and Social Media Features
You may link to VIETRI’s homepage, provided you do so in a way that is fair and legal and does not damage VIETRI’s reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on VIETRI’s part without VIETRI’s express written consent.
The Website may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on the Website.
- Send emails or other communications with certain content, or links to certain content, on the Website.
- Cause limited portions of content on the Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by VIETRI, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions VIETRI provides with respect to such features.
You agree to cooperate with VIETRI in causing any unauthorized framing or linking immediately to stop. VIETRI reserves the right to withdraw linking permission without notice. VIETRI may disable all or any social media features and any links at any time without notice in VIETRI’s discretion.
Intellectual Property Policy
VIETRI respects the intellectual property of others and expects users of the Website to do the same. At VIETRI’s discretion, VIETRI may terminate the accounts of Merchant Users or prevent access to the Website by users who infringe upon the intellectual property rights of others. PURSUANT TO 17 UNITED STATES CODE 512(C)(2) (DIGITAL MILLENNIUM COPYRIGHT ACT OF 1998), VIETRI'S DESIGNATED AGENT FOR NOTICE OF ALLEGED COPYRIGHT INFRINGEMENT APPEARING ON VIETRI’S SITE IS:
Name: Susan Gravely
Address: 343 Elizabeth Brady Road; Hillsborough, NC 27278
To file a notice of infringement with VIETRI, you need to fulfill the requirements specified in Title II of the Digital Millennium Copyright Act of 1998. The text of this statute can be found at the U.S. Copyright Office website, http://lcweb.loc.gov/copyright.
Gift Card Messages
VIETRI's gift card service is provided to VIETRI’s customers for messages to family and friends. VIETRI does not permit the use any type of obscene, profane, or threatening language that could violate any law or regulation. VIETRI may restrict or remove any content from a gift message that VIETRI determines violates its guidelines.
VIETRI makes every effort to display accurate pictures and colors of VIETRI’s products on the Website. However, the colors you see will depend on your monitor, and VIETRI cannot guarantee that your monitor's display will be accurate.
The prices displayed on the Website are quoted in U.S. currency and are subject to change at any time.
Errors and Inaccuracies
VIETRI’s goal is to provide complete and accurate information on the Website. However, it is not possible to ensure that any website is free of human or technological errors. Therefore, the Website may contain errors that relate to pricing and availability. VIETRI reserves the right to correct any of these errors even after the order has been submitted, and change information at any time without notice.
The information presented on or through the Website is made available solely for general information purposes. VIETRI does not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. VIETRI disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
The Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by VIETRI, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of VIETRI. VIETRI is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
You understand that VIETRI cannot and does not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Website for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, VIETRI WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER VIETRI NOR ANY PERSON ASSOCIATED WITH VIETRI MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER VIETRI NOR ANYONE ASSOCIATED WITH VIETRI REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, VIETRI HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation Of Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL VIETRI, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
The limitation of liability set out above does not apply to liability resulting from VIETRI’s gross negligence or willful misconduct.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless VIETRI, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of the Terms and Conditions or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services, and products other than as expressly authorized in the Terms and Conditions, or your use of any information obtained from the Website.
Information about You and Your Visits to the Website
Merchant User Cancellation
Merchant Users may cancel their registration at any time by notifying VIETRI. VIETRI may cancel a Merchant User's registration if VIETRI reasonably believes that a Merchant User has violated or acted inconsistently with the letter or spirit of the Terms and Conditions, or violated VIETRI’s rights or those of another party. Without limiting any other remedies, VIETRI may suspend or terminate your membership at any time at VIETRI’s discretion, with or without reason. Memberships will be terminated for fraudulent activity of any kind or for noncompliance with the Terms and Conditions. VIETRI will notify a Merchant User if VIETRI cancels that Merchant User's account, unless in VIETRI’s judgment giving notice would cause a risk of further violation or damages. When a Merchant User's registration is canceled, that Merchant User may no longer have access to Merchant Services. The provisions entitled "Errors and Inaccuracies,” “Disclaimer,” "Indemnification," "Limitation of Liability," and "General Provisions" will survive cancellation of a Merchant User's registration.
If any part of the Terms and Conditions is held to be unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remainder will remain in full force and effect.
This Agreement will be governed by the laws of the State of North Carolina, U.S.A., without regard to its conflicts of law provisions. Any dispute you may have with respect to the Website must be commenced within one year after it arises, or the cause of action is barred. Any proceedings between you and VIETRI must be brought in the state and federal courts located in Wake County, North Carolina.
VIETRI welcomes and encourages any comments or suggestions regarding the Website. However, any comments, feedback, suggestions or ideas sent to the Website remain the exclusive property of VIETRI. VIETRI shall be entitled to use any material submitted in any way without restriction and without compensating you.