Terms of Use

This website is owned and operated by Instinct Performance, LLC ( “Vima,” “we,” “our,” or “us”). Please read these Terms of Use carefully before using this www.vima.com site. By using this site, you are agreeing to these Terms of Use. If you do not agree with any of the Terms of Use below, do not use this site. Vima reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms of Use at any time and you agree to be bound by such modifications, alterations or updates.

Regardless of changes in these Terms of Use, personally identifiable information will never be used in ways materially different than stated in these Terms of Use without first providing you a meaningful opportunity to opt-out or prevent that use.

Privacy Policy

For a complete explanation of our online policy regarding information collected and submitted to our site, please see our Privacy Policy.

Submitted Information

Information submitted to Vima is used to contact the users about services on our sites such as special events, special offers, and product updates.

Links to Other Web Sites

This site contains links to other websites which may be operated by Vima or by third parties not affiliated with us. Any links are provided as a convenience for you and as an additional avenue of access to information contained herein. We have not reviewed all the information on every linked third-party website. As such, inclusion of a website link should not be viewed as an endorsement of the content of the linked site. Vima is not responsible for any losses, damage or other liability incurred as a result of your use of any site not affiliated with us.

Trademarks, Copyrights and Restrictions

This site is controlled by Vima, 14301 Caliber Drive, Suite 100, Oklahoma City, OK 73134. Telephone: 405.463.7338. Email info@vima.com. All materials on this site, including, but not limited to images, logos, illustrations, audio clips, and video clips, are protected by copyrights and trademarks which are owned and controlled by Vima. Material from the website may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Modification of the materials or use of the materials for any other purpose is a violation of the copyrights, trademarks, and other proprietary rights. For purposes of this Terms of Use Agreement, the use of any such material on any other website or networked computer environment is prohibited.

Warranties Disclaimer

Materials on the www.vima.com website are provided “as is” and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, Vima disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Vima does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, nor that the server that makes them available is free of viruses or other harmful components. Vima does not warrant or make any representations regarding the use of or the results of the use of the materials in the Vima website( s) in terms of correctness, accuracy, reliability, or otherwise. You, and not Vima, assume the entire cost of all necessary servicing, repair, or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Material on the website is provided solely for entertainment and promotional purposes.

Any notes, message/billboard or social media postings, whatsoever, ideas, suggestions, concepts or other material submitted will become the property of Vima, subject only to the privacy portions of this statement controlling the use of personally identifiable information, and Vima shall be entitled to use material for any type of use forever including any media, whether now known or hereafter devised.

Limitation of Liability

Neither Vima, any of its affiliates, directors, officers and employees, nor any other party involved in producing, delivering or creating the website is liable for any direct, incidental, consequential, indirect or punitive damages arising out of access to, or use of, this website or the operation of operational failure of the website. In no event will Vima be held liable for any direct, incidental, consequential, indirect, punitive or exemplary damages or any damages whatsoever, whether in an action regarding contract, negligence, or any other legal theory arising out of or in connection with the use, inability to use or the performance of the information, services, products and materials on the website. Your acceptance of this limitation on liability is an essential term in this agreement and you acknowledge that Vima would not grant you access to the website without prior agreement to this term.

Indemnification

You agree to indemnify, defend and hold harmless Vima and its affiliates and the officers, directors, employees and agents of Vima and its affiliates, from and against any and all claims, liabilities, damages, losses or expenses, including attorneys’ fees and costs, arising out of or in any way connected with your access to or use of the website.

Emails and Postings Received

Do not post any threatening or libelous emails or material on this site that would be considered a violation of any law. Vima will fully cooperate with any law enforcement authorities or court order requesting or directing Vima to disclose the identity of anyone posting such emails or materials.

Changes of These Terms of Use

Vima hereby reserves the sole right, at its discretion, to modify, change, add or delete these Terms of Use, either in whole or in part, at any time by posting revised terms and conditions on the site. It is your, and only your, responsibility to periodically check for changes made to these Terms of Use. Continued use of the site after changes to these Terms of Use constitutes acceptance of any changes or modifications.

Severability

If any provision of these Terms of Use is unlawful, void or unenforceable, the remaining provisions will remain in place.

International Use

Vima makes no representation that materials on the website are appropriate or available for use in locations outside the United States. Those who choose to access this website from outside the United States do so at their own initiative and are responsible for compliance with local laws.

Jurisdictional Issues

This agreement shall be governed by, and construed and enforced in accordance with the laws of the State of Oklahoma, as it is applied to agreements entered into and to be performed entirely within such State.

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