Terms and Conditions include the following agreements and policies and agreements. Click on the following links to view and read each agreement and policy.
BitsVital Affiliate Agreement
BitsVital End-User Software License Agreement
BitsVital Creative Commons Software License
BitsVital Unsolicited Submissions Policy
BitsVital DMCA Policy (Take Down Policy)
Terminology: Site(s) refers to but not limited to BitsVital website, and any and all BitsVital social media pages, software repositories on but not limited to Fossil-SCM and GitHub, and video streaming platforms.
Ordering Products and Services You must be 18 years or older, and have a valid credit card, with full authority to use it, to submit an order for products or services through any of our Sites.
Sales Terms 1. All products on our website give specific return policy. The terms of each individual product or service page supersede all other return policies. 2. Most retail items come with a thirty day (30) day policy. Please verify on the individual page on our website. 3. Deposits on pre-sales items are 100% refundable up-to-the day the items ships or is picked-up. After that, the normal refund policy on the individual product page applies. 4. Event tickets are 100% refunable up-to 48 hours prior to event. Event ticket cancellation between 48 hours and 24 hours is half refundable. At or after 24 hours no refunds on events. 5. Special events once booked are refunable up-to two weeks prior to event. Due to the amount of scheduling and logistics that goes into planning a special event there are no refunds after 14 days prior to the event date.
Cancelation Policy: Retail items can be canceled up until the items status switches on BitsVital website from processing to shipped. You can view this by login-in and viewing “My Account” page. At that time the normal return policy which is published on the individual product page applies.
Return Policy The return policy is given to each individual product and service page. Please see the product and service page for the return policy for that particular item or service. In case your order qualified for a free (discounted) shipping or delivery cost, actual shipping/delivery cost would be deducted from your refund. A 20% restocking fee will apply to any item returned. Returns without original packaging and receipt are not subject to return, there are no exceptions.
Warranty Information BitsVital does not offer any warranty for the products or software that we sell that are from 3rd party manufacturers. All warranties are based on the manufacturer’s warranty of the product. All exchanges/fixes are completely covered and decided by manufacturers, not by us, we act as a ‘bridge’ between you and the manufacturer. We keep tight relationships with our manufacturers, and those claims will be forwarded to them. If the manufacturer approves your claim finding the item(s) defective – we will gladly exchange it, providing you with the shipment of the replacement parts at our expense. If you are having an issue with a product, please contact us and we will make every effort to successfully resolve it. Your 100% satisfaction is our primary concern! Service items have NO WARRANTY.
BitsVital Software Warranty Information BitsVital DOES NOT offer any warranty on our software. If you download or use our software it is at your own risk / peril. We urge you to first test the software on a “sandbox” device (test server, virtual sandbox test top) never install the software on a production device without testing the software first. BitsVital is not responsible for any casualties including but not limited to loss of data, machine failure.
Modification of Terms and Conditions
BitsVital shall have the right, at its sole discretion, to modify, add or remove any terms or conditions of these Terms and Conditions Agreement without notice or liability to you. Any changes to these Terms and Conditions Agreement shall be effective immediately following the posting of such changes on our website. The most recent version of these Terms and Conditions Agreement are posted on BitsVital website. You agree to review these Terms and Conditions Agreement from time to time and agree that any subsequent use by you of BitsVital and our website following changes to these Terms and Conditions Agreement shall constitute your acceptance of all such changes.
If you have the ability to print or save a copy of these Terms and Conditions using the print, save to PDF, or save feature in your browser we suggest retaining a copy for your future reference. It is your responsibility to periodically visit the “Terms and Conditions” link at the bottom of our home page to review the most current version of the Terms and Conditions. You may use your browser to print copies of any updated Terms and Conditions.
Intellectual Property Rights of BitsVital.
Our site is owned and operated by BitsVital LLC. and are © 2020, ALL RIGHTS RESERVED. “Site Content” means all features, materials, information, content, text, site design, graphics, logos, icons, images, audio, and video clips, and software appearing on or offered on our Site(s), as well as the selection, assembly and arrangement thereof, and includes our greeting, hint, reminder or Track & Modify Your Order services, our Affiliate Program(s) and corporate accounts, the ability to order products and services and receive newsletters and promotional emails. Unless otherwise specified, all Site Content is the sole property of BitsVital LLC or its suppliers/licensors. All Site Content is protected by the U.S. and international copyright and other intellectual property laws. All rights not expressly granted herein are reserved.
The following is a list of trademarks, trade names and service marks owned by BitsVital LLC, BitsVital™, Technology into Simplicity ™
The absence of a trademark, trade name or service mark from the above list does not constitute a waiver of our intellectual property rights concerning that trademark, trade name or service mark. All custom graphics, icons, logos and words listed above are trade names, trademarks or service marks of BitsVital LLC in the United States and/or other countries. All other trade names, trademarks or service marks are the property of their respective owners. The use of any of our trade names, trademarks or service marks without our express written consent is strictly prohibited. In order to maintain the value of these marks, it is important that they are used correctly. If you have any questions, you may contact us by using the “Contact Us” link in the main menu.
Unless we allow “guest” purchases, you will need to establish an account with us to use certain features of BitsVital (e.g., to order products and services, support, contact us, forum questions, etc. from bitsvital.com). During the account registration process, you will be asked to select a unique password. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under the password. By logging into the bitsvital.com, you represent and warrant that: (i) you are the customer who registered for the services; (ii) that you are using the services only for permitted purposes. You will immediately notify us of any unauthorized use of the password or account or any other breach of security. You agree to exit from your account at the end of each session. Please notify us by using the “Contact Us” link in the main menu or calling using the published telephone number at the top of the site of any potential unauthorized use(s) of your account, or breach of security.
If you create an account, you represent and warrant that: (i) you will not select or utilize a user name of another person with intent to impersonate that person; (ii) you will not select or utilize a username in which another person has rights, if you do not have that person’s authorization to use such name; (iii) you will not select or utilize a username that BitsVital, in its sole discretion deems offensive.
Permitted Use and Restrictions
We post legal notices (e.g., copyright and trademark notices and markings) and various credits on pages of each on our website. If you download, print, or retain a copy of pages of are website, you may not remove these notices or credits or any additional information accompanying such notices and credits.
Except as expressly provided above, you shall not use, upload, copy, print, display, perform, reproduce, license, sell, transfer, host, post, transmit, commercially exploit, duplicate, download, publish, modify, make derivative works of or otherwise distribute the Site(s) (including the Site Content) (in whole or in part), unless otherwise specifically authorized by us to do so in writing. You may not access bitsvital.com (including the Site Content) to build similar or competing Site(s). You may not disassemble, reverse compile or reverse engineer any software contained on the Site(s). If you wish to obtain permission to reprint or reproduce any Site Content you may contact us using the “Contact Us” link in the footer of bitsvital.com. We reserve the right to modify, suspend, or discontinue the Site(s) or any part thereof without notice to you. Any updates to the Site(s) shall be subject to these Terms and Conditions.
User Content from other Users, Links, Search Results, Advertising and Third-Party Sellers
You hereby release us, our subsidiaries, affiliates, officers, employees, agents, and successors from any claim, demands, losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arising from use of Third Party Materials or interactions with or conduct of the applicable third parties. In connection with the foregoing,
Violation of the Terms and Conditions
By using any one of our Sites, you understand and agree that we, at our sole discretion and without prior notice, may suspend or terminate your access to, or bar your future access to, one or more from our Sites(s) and to any services offered on our Site(s), and may modify or remove any User Content if we believe, in our sole discretion, that the User Content violates or is inconsistent with these Terms and Conditions or their intent, that your conduct is disruptive, or you have violated the law, these Terms, and Conditions, or the rights of BitsVital LLC or another user. We will have no liability to you for any deletion of your User Content.
License Granted by You
Acceptable Use Policy
You agree that your User Content will not (a) plagiarize, violate or infringe upon the rights of any third-party, including trade secret, copyright, trademark, trade dress, privacy, patent, moral right, publicity, or other personal or proprietary rights, nor (b) contain unlawful, tortious, threatening, harmful, vulgar, defamatory, false, intentionally misleading, libelous, pornographic, obscene, patently offensive, inappropriate, offensive, harassing, or other unacceptable material or materials that are harmful to minors.
You agree that you will not use the Sites to (a) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (d) interfere with or disrupt servers or networks connected to the Sites or violate the regulations, policies or procedures of such networks; (e) attempt to gain unauthorized access to the Sites, other computer systems or networks connected to or used together with the Sites, through password mining or other means; (f) harass or interfere with another user’s use and enjoyment of the Sites; or (g) engage in any illegal activities.
Please review our DMCA takedown policy on our website at https://bitsvital.com/td
We welcome all comments, feedback, information, or materials regarding our Sites (“Feedback”), which you submit to us by email or otherwise through or in conjunction with any one of our Sites. Please note that Feedback shall be considered non-confidential and become the property of BitsVital. By submitting Feedback to us, you hereby assign, and agree to assign, to us of all right, title and interest in copyrights and other intellectual property rights on a worldwide basis to the Feedback, at no charge. We shall be free to use Feedback on an unrestricted basis.
Ordering Products and Services
You must be 18 years or older, and have a valid credit card, with full authority to use it, to submit an order for products or services through any of our Sites.
All prices listed on the Sites are subject to change. In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right, prior to shipment of your order, to refuse or cancel any such order(s) whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account in the amount of the charge.
Please note that the colors of items and products may depend on your monitor and may not be correctly displayed.
Order Acceptance Policy
Your receipt of electronic or other forms of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. We may require additional verifications or information before accepting any order. Your order is not accepted until we send you shipping information for the order (or the accepted portion thereof). Notwithstanding the foregoing, you agree that, if we cancel all or a portion of your order or if we provide you less than the quantity you ordered, your sole and exclusive remedy is either (a) we will issue a credit to your credit card account in the amount charged for the cancelled portion or the quantity not provided (if your credit card has already been charged for the order) or (b) we will not charge your credit card for the cancelled portion of the order or the quantity not provided.
For each product or service, you order on any of the Sites, you agree to pay the price applicable for the product or service (including any sales taxes, surcharges and any delivery fees for the delivery service you select) as of the time you submitted the order. Unless you and BitsVital have agreed to an alternate billing arrangement in writing signed by an executive at BitsVital will automatically bill your credit card submitted as part of the order process for such price. All prices are non-refundable unless otherwise stated on each individual product/service page. Without limiting other remedies, we reserve the right to charge a late fee on all past due payments equivalent to the lesser of one and a half percent (1.5%) per month on the unpaid balance or the highest rate allowed by law. You will pay for all collection costs, attorney fees, and court costs incurred in the collection of past due amounts.
Sales taxes, or other taxes, customs, import/export charges, or similar governmental charges are not included in the price of the Products.
Each customer shall be solely responsible for all sales taxes, or other taxes, customs, import/export charges, or similar governmental charges (except for taxes on BitsVital net income), on orders shipped to any other state or on orders shipped outside the United States.
We do not collect sales or use taxes in all states. For states imposing sales or use taxes, your purchase is subject to use tax unless it is specifically exempt from taxation. Your purchase is not exempt merely because it is made over the Internet or by other remote means. Many states require purchasers to file a sales/use tax return at the end of the year reporting all of the taxable purchases that were not taxed and to pay tax on those purchases. Details of how to file these returns may be found at the websites of your respective taxing authorities.
Specials, Promotions and Sweepstakes/Contests
Please read the official rules that accompany each special offer, coupon, discount, contest and sweepstakes that we may offer or conduct. Special offers, coupons, or discounts cannot be used in conjunction with other offers. Limit one promotion per order.
BitsVital may provide a currency converter on our website. The currency converter is provided as a convenience and the conversion is NOT GUARANTEED. BitsVital uses Open Exchange Rates, a third party to provide the conversion rates. Conversion rates are typically updated once an hour. The rates provided are not guaranteed. BitsVital highly encourages you to check with your bank for the most accurate conversion from USD dollars at the time of purchase. The conversion rates should only be treated as a rough approximation.
Shipping and Delivery
BitsVital, in conjunction with our shipping providers, will attempt to deliver a product on the requested delivery day or delivery service you have requested. You acknowledge that requested delivery dates are non-binding estimates only and that you have no claim against us for any delays or early deliveries. We reserve the right to make deliveries in installments, which shall not relieve you from your obligation to accept and pay for the remaining deliveries. Our shipping providers do not telephone prior to delivering packages, and we cannot guarantee the time of delivery. All products are deemed accepted upon our delivery of the product to you or your designated recipient’s address.
BitsVital LLC is not responsible for:
Flowers, plants, fruits, sweets, gift products and preserved items delivered to incorrect addresses supplied by the sender. Unsuccessful deliveries arising from the recipient not being present at the time of delivery at the address supplied by the sender. Decreased product quality due to an incorrect delivery address supplied by the sender, or a re-route requested by the sender. Product quality problems caused by improper handling by the recipient.
Order Cancellation Policy BitsVital does not allow orders to be edited or canceled after the order has been set to the status as shipped pursuant to our Order Acceptance Policy described above.
Guarantee and Disclaimers
BitsVital Guarantees that you will be completely satisfied with any food products and plants/herbs that have been removed from the growing medium ordered and that the food products and plants/herbs will be fresh 7 days from the time of receiving the shipment with the accordance of our shipping policy above. BitsVital Guarantees that all live plants (except for plants/herbs that have been cut or removed from growing medium) will be fresh for 7 days from the time receiving the shipment with the accordance of our shipping policy above.
With any of our guarantees, it’s at our sole and exclusive obligation or liability and your sole and exclusive remedy will be, on our discretion, to refund the purchase price or to replace and deliver equivalent product items, as soon as reasonably possible.
All applicable claim(s) must be submitted using our “Contact Us” link in the footer of our website within 10 days after delivery of food(s) and plants/herbs that have been removed from growing medium and 20 days for plants/herbs in growing medium. After 20 days, all sales are final and no refunds or exchanges will be accepted.
Disclaimer of Warranty; Limitation of Liability
A. USER EXPRESSLY AGREES THAT USE OF BITSVITAL LLC SITES IS AT USER’S SOLE RISK. NEITHER BITSVITAL LLC, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT OUR SITES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF OUR SITES, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH OUR SITES.
B. OUR SITES IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
C. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT BITSVITAL LLC IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.
D. IN NO EVENT WILL BITSVITAL LLC, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING OUR SITES OR THE BITSVITAL LLC SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE OUR SITES. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.
E. IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, BITSVITAL LLC, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN OUR SITES, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
F. PRIOR TO THE EXECUTION OF A STOCK TRADE, USERS ARE ADVISED TO CONSULT WITH YOUR BROKER OR OTHER FINANCIAL REPRESENTATIVE TO VERIFY PRICING OR OTHER INFORMATION. BITSVITAL LLC, ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL HAVE NO LIABILITY FOR INVESTMENT DECISIONS BASED ON THE INFORMATION PROVIDED. NEITHER, BITSVITAL LLC, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
G. FORCE MAJEURE – NEITHER PARTY WILL BE RESPONSIBLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, RIOT, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, SERVICE OUTAGES RESULTING FROM EQUIPMENT AND/OR SOFTWARE FAILURE AND/OR TELECOMMUNICATIONS FAILURES, POWER FAILURES, NETWORK FAILURES, FAILURES OF THIRD PARTY SERVICE PROVIDERS (INCLUDING PROVIDERS OF INTERNET SERVICES AND TELECOMMUNICATIONS). THE PARTY AFFECTED BY ANY SUCH EVENT SHALL NOTIFY THE OTHER PARTY WITHIN A MAXIMUM OF FIFTEEN (15) DAYS FROM ITS OCCURENCE. THE PERFORMANCE OF THS AGREEMENT SHALL THEN BE SUSPENDED FOR AS LONG AS ANY SUCH EVENT SHALL PREVENT THE AFFECTED PARTY FROM PERFORMING ITS OBLIGATIONS UNDER THIS AGREEMENT.
This Agreement will be governed by and construed in accordance with the internal laws of the State of Colorado excluding that body of laws known as choice of law or conflict of laws. Subject to the provisions of this Section, all disputes, controversies or claims arising out of or relating to this Agreement will be resolved through mandatory binding arbitration conducted in Denver, Colorado or the closest JAMS office to our own office, before J.A.M.S./ENDISPUTE or its successor (“JAMS”) pursuant to the United States Arbitration Act, 9 U.S.C. Section 1, et seq. (the “Act”); and the terms and conditions of this Agreement. The arbitration will be conducted in accordance with the provisions of J.A.M.S.’s Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration (the “JAMS Rules”), subject to the provisions of this Section. The terms set forth in this Agreement will control in the event of any inconsistency between such terms and the JAMS Rules. The parties will cooperate with JAMS and with each other in promptly selecting a single arbitrator from JAMS’s panel of neutrals. If the parties fail to so select an arbitrator within thirty (30) days following the date of either party’s notice of demand to conduct arbitration, then JAMS will appoint an arbitrator in accordance with the JAMS Rules. The award of the arbitrator will be in writing and will set forth findings of fact and conclusions of law. Judgment on the arbitrator’s award will be final and binding upon the parties and may be entered in any court having jurisdiction thereof. If for any reason JAMS or its successor no longer is in business, then the arbitration shall be conducted in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitrator’s fees will be shared equally by the parties and each party will initially bear its own costs and attorneys’ fees, but the prevailing party shall be reimbursed by the other party for all attorneys fees, witness fees, and arbitration costs. All papers, documents, or evidence, whether written or oral, filed with or presented in connection with the arbitration proceeding will be deemed by the parties and by the arbitrator to be confidential information of both parties. The arbitrator chosen in accordance with these provisions will not have the power to alter, amend or otherwise affect the terms of these arbitration provisions or the provisions of this Agreement. Notwithstanding the foregoing, nothing in this Section shall prevent either party from applying for and obtaining from a court a temporary restraining order and/or other injunctive relief.
We make no representation that the usage of this site, or the content provided herein, will not violate the laws of your local jurisdiction. You are responsible for the laws of your jurisdiction, especially if you are accessing this site from outside the United States.
This site may contain typographical errors or mistakes, and we disclaim any responsibility for such errors and you agree to hold us harmless from any legal responsibility for such errors.
Modifications of this Agreement
We may revise or modify any portion of this Agreement at any time without notice to you. You must read this Agreement each time you visit our site or use any tool or service that we provide to you via this site or elsewhere. Any usage of this site or tools, functions or services that we provide you means that you have read the most current version of this Agreement and you agree to be bound by the terms and conditions of the latest version of this Agreement.
Notices to you may be issued via electronic mail or by surface mail, at our sole selection.
Neither party shall be liable for any delay or failure in performance due to Force Majeure, which shall mean acts of God, earthquake, labor disputes, changes in law, regulation or government policy, riots, war, fire, flood, insurrection, sabotage, embargo, epidemics, acts or omissions of vendors or suppliers, transportation difficulties, unavailability of interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed. We are not responsible for server downtime under any circumstances.
2020-12-29 –> Change the title from Terms and Conditions to Terms, Conditions, and Agreements