ViVi Holdings Inc.
These Terms constitute an agreement between ViVi Holdings Inc. and its subsidiaries (collectively, “VIVI’S companies/solutions” or “we” or “us”) and you. We recommend that you print out a copy of these Terms for your records.
PLEASE NOTE THAT THESE TERMS CONTAIN PROVISIONS THAT GOVERN THE RESOLUTION OF DISPUTES BETWEEN VIVI AND YOU AND LIMIT VIVI’S LIABILITY TO YOU.
1. Additional Terms
Certain services/solutions offered through the ViVi Online Services, including mobile applications, digital accounts, the marketplace, loyalty programs, and other solutions or promotions, may be governed by additional terms and conditions presented in conjunction with them. You must agree to the additional terms before using such services. These Terms and any additional terms will apply equally. In the event of an irreconcilable inconsistency between any additional terms and these Terms, the additional terms will prevail unless they expressly state otherwise.
2. Changes to Terms
We may change these Terms at any time so please check back from time to time. If we make material changes to these Terms, we will inform you in advance by posting a notice within the ViVi Online Services. If you are a registered user or are on our electronic mailing list, we may also notify you of such material changes via email. We may ask you to affirmatively accept changes to these Terms at the time of your next account login, access or use of the ViVi Online Services. All changes are effective when we post them and apply to your access and use of the ViVi Online Services thereafter. Changes to the Dispute Resolution provisions, do not apply to any dispute for which you or we have actual notice prior to the date that the revised Terms are effective.
3. Users and Accounts
The ViVi Online Services are not intended for use by anyone under age 13. YOU MUST BE AT LEAST AGE 13 TO ACCESS AND USE THE ViVi ONLINE SERVICES. By accessing, using and/or submitting information to or through the ViVi Online Services, you represent that you are at least age 13.
Anyone between age thirteen (13) and eighteen (18) may only use the ViVi Online Services under the supervision of and with the consent of his/her parent or a legal guardian. IF YOU ARE A PARENT/LEGAL GUARDIAN AND YOU PROVIDE YOUR CONSENT TO YOUR TEENAGER’S ACCESS TO AND USE OF THE ViVi ONLINE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. Parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.
You may need to download one of our apps and create and register an account in order to use certain ViVi Online Services.
In creating an account, you agree to:
- create only one account for each applicable part of the ViVi Online Services;
- provide honest, accurate, current and complete information regarding yourself;
- keep your profile, contact and other account information updated and accurate;
- keep your account password private and not share it with others; and
- notify VIVI’S companies/solutions if you discover or suspect that your account has been hacked or its security breached.
You also agree to take responsibility for all activities on or under any account registered to you and you accept all risks for any unauthorized use of your account.
For certain parts of the ViVi Online Services, you may choose to add a family member’s name, birth date, and relationship to your account to receive additional benefits to enjoy with your family member. If you choose to utilize this feature, you hereby represent that you have received appropriate permission to use and provide your family member’s information to us. If you choose to remove a family member from your account, you will no longer receive benefits related to that family member. We reserve the right to limit the number of family members that can be added to your account.
From time to time, VIVI’S companies/solutions may make special offers available to account holders. These offers may be communicated using various means including electronic communication, email, SMS text messages or direct mail. These special offers may be subject to specific terms, restrictions, and conditions, and are subject to change or termination without notice. We are not responsible for any news, reward-earning opportunity, coupon or other offer sent to an incorrect or incomplete email address if your email address is not up to date in your profile at the time of mailing or offering. We are not responsible for any lost, late, misdirected, damaged, postage-due or illegible mailings or other communications. We reserve the right to correct and not honor errors made in our communications with you.
You are responsible for providing the equipment and services that you need to access and use the ViVi Online Services. We do not guarantee that the ViVi Online Services are accessible on any equipment or device or with any software or service plan.
We reserve the right, without notice and in our sole discretion at any time, to terminate your right to access and use the ViVi Online Services or any component of them and to block or prevent future access to and use of the ViVi Online Services and to delete your account and any related information. Any obligation or liability incurred prior to our termination of your access to the ViVi Online Services will survive such termination.
4. Personal Use
The ViVi Online Services are owned by VIVI’S companies/solutions and licensed to you for your personal, non-commercial use only. Except as expressly provided in these Terms, you may not copy, distribute, publish, transmit, modify, transmit, publicly display or perform, create derivative works of or otherwise exploit any part of the ViVi Online Services. You may not save or archive a significant portion of the material appearing in or on the ViVi Online Services. All rights not expressly granted herein are reserved by VIVI’S companies/solutions.
6. Responsible Use of the ViVi Online Services
You may use the ViVi Online Services for lawful purposes and in accordance with these Terms. You may not use the ViVi Online Services:
- for any purpose that is unlawful or prohibited by these Terms;
- to cause harm or damage to any person or entity;
- interfere with the proper operation of the ViVi Online Services;
- to upload, post or transmit any material that violates any law, infringes on the rights of any third party or contains defamatory, libelous, abusive, obscene or otherwise objectionable material (as determined by VIVI’S companies/solutions in its sole discretion); or
- to reproduce, duplicate, copy, sell, resell or otherwise exploit the ViVi Online Services for any commercial purpose that is not expressly permitted by VIVI’s companies/solutions.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS VIVI’S COMPANIES/SOLUTIONS AND ITS PARENTS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, FRANCHISEES, AGENTS, LICENSORS, BUSINESS ASSOCIATES, AND SUPPLIERS (THE “VIVI’PARTIES”) FROM AND AGAINST ANY ACTUAL OR THREATENED CLAIMS, ACTIONS OR DEMANDS, LIABILITIES AND SETTLEMENTS (INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES) RESULTING (OR ALLEGED TO RESULT) FROM YOUR USE OF ANY VIVI ONLINE SERVICES IN ANY MANNER THAT VIOLATES OR IS ALLEGED TO VIOLATE APPLICABLE LAW OR THESE TERMS. This provision does not require you to indemnify any of the ViVi’Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the ViVi Online Services.
7. Provision of the ViVi Online Services
We are constantly improving the ViVi Online Services to provide the best possible experience for you and other users. You acknowledge and agree that the ViVi Online Services, or certain features of the ViVi Online Services, may change from time to time without notice to you. Any new feature that augments, enhances or modifies the current ViVi Online Services is subject to these Terms.
You acknowledge and agree that we may decline to provide access to the ViVi Online Services or stop (permanently or temporarily) providing the ViVi Online Services (or any feature, program or content within the ViVi Online Services) to you or other users at our sole discretion, without notice or liability to you. You may stop using any part of the ViVi Online Services at any time. You do not need to specifically inform us when you stop using ViVi Online Services.
You acknowledge and agree that if we disable access to your account, you may be prevented from accessing the ViVi Online Services, your account details, or any files or other content which are contained in your account.
If you use a mobile device to access the ViVi Online Services, the following additional terms and conditions (“Mobile Terms”) also apply:
- You agree that you are solely responsible for all message and data charges that apply to the use of your mobile device to access the ViVi Online Services. All such charges are billed by and payable to your mobile service provider. Please contact your participating mobile service provider for pricing plans, participation status, and details.
- You understand that wireless service may not be available in all areas at all times and may be affected by product, software, coverage or service changes made by your service provider or otherwise.
- Additional terms and conditions may apply to your use of our mobile applications based on the type of mobile device that you use.
- When you opted-in to participate in one of our text message programs, you provided your advance consent to receive text messages from an automated system. Your consent was not and is not required as a condition of purchasing any property, goods, or services from us. If you wish to withdraw your consent and unsubscribe, please text STOP to the appropriate short-code.
- Message frequency depends on the program.
YOUR ACCESS TO AND USE OF THE ViVi ONLINE SERVICES VIA YOUR MOBILE DEVICE CONFIRMS YOUR AGREEMENT TO THE MOBILE TERMS, AS WELL AS THE REST OF THESE TERMS.
8. Product Sales and Availability
All products, services or solutions displayed on the ViVi Online Services, including ViViPAY, ViViMARKET, ViViCHURCH, ETC, are made available by joint venture partnerships and other third parties not owned or operated by ViVi Holdings Inc. Partners may run national promotions relating to the sale of these products, but the third party partners and other third parties set the prices for the products and determine product availability. VIVI’S companies/solutions reserve the right without prior notice to discontinue any national promotions or stop displaying the ViVi Product and solutions, through the ViVi Online Services.
9. Service-Specific Terms and Conditions
9.1. ViViPAY Membership Benefits Program
To participate in the ViViPAY Membership Benefits Program (“ViViMARKET”), you may enroll by downloading the ViViCHURCH or ViViPAY’ mobile applications. If you elect not to receive promotional emails, you may not receive certain offers and promotions other than transaction emails regarding award certificates and account details and charges.
When you enroll in ViViMARKET through any method, you agree to the ViViMARKET Program-specific terms and conditions. Those terms and conditions are hereby incorporated into these Terms and the collective Terms shall govern your participation in ViViMARKET. To the extent there is a conflict between the terms of the ViViMARKET Program and the Terms presented on this page, the terms of the ViViMARKET Program govern.
9.3. VIVI’S companies/solutions Shops
VIVI’S companies/solutions use third-party relations for operation and management of the ViVi Services or Solutions. These sites are not owned or operated by VIVI’S companies/solutions, and we do not control and are not responsible for the privacy practices the vendors use operating those sites.
9.5. VIVI’S companies/solutions Mobile Applications
9.5.1. Offers and Settings
We may make special offers available from time to time through our mobile applications (“App Offers”). App Offers may be based on your particular location or purchasing history of our mobile applications and may only be available for a limited period of time. App Offers are only available in participating locations and may be subject to additional terms and conditions as described in the App Offer.
Our mobile applications are designed to integrate with several elements of your device’s native functionality. Accordingly, if you choose not to enable your device’s GPS/location settings, push notifications, text messages or other device functionality, or if you choose not to provide your zip code, some features of our mobile applications may not be available to you. To opt-out of receiving push notifications from our mobile applications, adjust the permissions in the settings section of your device or delete the mobile application.
10. VIVI’S companies/solutions’ Disclaimer of Warranty and Limitation of Liability
To the fullest extent allowed by applicable law, VIVI’S companies/solutions is not liable for any direct, indirect, special, incidental, consequential, punitive or other damages arising from your use of, or inability to use, any of the ViVi Online Services or any materials available in any ViVi Online Service. VIVI’S companies/solutions shall not be liable even if VIVI’S companies/solutions or a VIVI’S companies/solutions authorized representative has been advised of the possibility of such damages. These include but are not limited to damages or injury caused by error, omission, interruption, defect, failure of performance, delay in operation or transmission, line failure or computer virus, worm, trojan horse or another harmful component.
Except as expressly otherwise stated, VIVI’S companies/solutions does not make any warranty, express or implied, as to accuracy, reliability or availability of any of the ViVi Online Services. Without limiting the generality of the preceding sentence, VIVI’S companies/solutions specifically disclaims, to the fullest extent allowed by applicable law, all implied warranties of merchantability and fitness for purpose, and all warranties of title and non-infringement of third party rights, with respect to all of its online services and all materials accessible through the ViVi Online Services.
VIVI’S companies/solutions does not guarantee that the functions contained in any of the ViVi Online Services will be secure, uninterrupted or error-free, that each the ViVi Online Services will be free of viruses or other harmful components, or that defects will be corrected even if VIVI’S companies/solutions are aware of them.
Except as set forth below, in no event will VIVI’S companies/solutions and its parent’s or subsidiaries total liability to you for damages, losses and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise) exceed the amount paid by you, if any, for accessing the ViVi Online Services or $100, whichever is less. Where permitted by applicable law, you agree to bring any and all actions within one (1) year from the date of the accrual of the cause of action and that actions brought after this date will be barred.
Nothing in these Terms will exclude or limit VIVI’S companies/solutions’ liability for any product liability claims, statutory consumer rights, damages associated with death or personal injury or caused by our intentional misconduct, recklessness, misrepresentation, gross negligence, willful misconduct or fraud.
11. Copyright and Trademark
Unless otherwise noted, all materials published on any ViVi Online Service are protected as the copyrights, trade dress, trademarks and/or other intellectual properties owned by VIVI’S companies/solutions and/or its subsidiaries and affiliates or by other parties that have licensed their material to VIVI’S companies/solutions.
VIVI’S companies/solutions marks displayed in the ViVi Online Services represent some of the proprietary rights currently owned or controlled by VIVI’S companies/solutions in the United States and/or in other countries and are not intended to be a comprehensive compilation of all VIVI’S companies/solutions ‘ worldwide proprietary ownership rights.
You may not remove or alter any copyright, trademark or other proprietary right notice in the ViVi Online Services. All rights not expressly granted are reserved.
12. Digital Millennium Copyright Act (“DMCA”) Policy
This DMCA statement constitutes part of the legal terms and conditions governing all users of the ViVi Online Services. In compliance with the DMCA (Title 17, United States Code), VIVI’S companies/solutions will respond to proper notifications of claimed copyright infringement with respect to material posted by users and will take appropriate action including removing and disabling access to the allegedly infringing material. VIVI’S companies/solutions also reserve the right to remove and disable access to any user-posted material which, in VIVI’S companies/solutions ‘ sole judgment, may be infringing or violating another’s intellectual property right, whether or not VIVI’S companies/solutions has been notified by the rights holder.
12.1. Repeat Infringer Policy
In accordance with the DMCA and other applicable law, VIVI’S companies/solutions have adopted a policy of terminating, in appropriate circumstances, the accounts of registered users who are determined by VIVI’S companies/solutions to be repeat infringers. VIVI’S companies/solutions may also, in its sole discretion, suspend and/or terminate the account of any registered user who infringes another’s intellectual property right, whether or not there is repeat infringement.
12.2. Designated Agent
In compliance with the DMCA, the Designated Agent for VIVI’S companies/solutions to receive notifications of claimed infringement relating to any of the VIVI Online Services as outlined below.
By mail: ViVi Holdings Inc., 951 Yamato Rd Suite 101, Boca Raton FL 33431
By telephone: 561-400-5520
By email: email@example.com
12.3. Notice of Claimed Copyright Infringement
If you believe that your copyright has been infringed or violated by any material posted on any of the ViVi Online Services, please notify our Designated Agent listed above in writing and provide the following requisite information:
12.3.1. a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
12.3.2. identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
12.3.3. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
12.3.4. information reasonably enough to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
12.3.5. a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
12.3.6. a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
12.4. Counter-Notification to Claimed Copyright Infringement
Under the DMCA, if a notice of copyright infringement has been filed against material posted by you on any of the ViVi Online Services, you may make a counter-notification with our Designated Agent listed above, provided that such counter-notification must be in writing and contain the following requisite information:
12.4.1. your physical or electronic signature;
12.4.2. identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
12.4.3. a statement by you under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and
12.4.4. your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which you are located (or in the Commonwealth of Delaware, U.S.A., if you reside outside of the U.S.A.), and that you will accept service of process from the person who filed the notice of copyright infringement or an agent of such person.
If VIVI’S companies/solutions receive a valid counter-notification, it may reinstate the removed or disabled material in accordance with the DMCA.
12.5. Liability for Misrepresentation under the DMCA
Please note that, pursuant to the DMCA, any person who knowingly materially misrepresents that any material or activity is infringing, or that any material or activity was removed or disabled by mistake or misidentification, will be liable for damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by an online service provider, who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.
Accordingly, if you are not sure whether certain material or activity infringes your or another’s copyright, please consult with a qualified attorney.
13. Third-Party Links and Services
13.1. Third-Party Links
The ViVi Online Services may link to, interact with or be available on websites, platforms, and services or products operated and owned by third parties (“Third Party Services”) such as social media providers and third-party devices. If you access such third-party services or products, be aware that different terms and privacy policies may apply to your usage of such services.
Third-Party Services may also link to the ViVi Online Services in ways that are beyond our control. We cannot control the content, functionality or accuracy of Third-Party Services, even if someone from VIVI’S companies/solutions occasionally visits those websites, is quoted, or leaves a comment. We are not responsible for the accuracy or reliability of the information on Third Party Services and cannot vouch for the data, opinions, advice or statements made there. Further, we are not responsible for the goods or services that may be offered through Third Party Services.
13.2. Third-Party Social Networking Services and Logins
13.3. Third-Party Products
The ViVi Online Services may be accessed on third-party devices or other products (“Third Party Products”). For example, you may be able to access the ViVi Online Services using voice functionality services available through the microphone on a Third-Party Product. We have no responsibility for your acquisition or use of any Third-Party Products, and we do not guarantee that Third-Party Products will function with the Services or will be error-free. We hereby disclaim liability for all Third-Party Products, including any Third-Party Products offered by our partners.
14. Errors and Inaccuracies.
The ViVi Online Services may contain errors, inaccuracies or omissions related to product descriptions, pricing, promotions, offers, availability, and other information. If any information in the ViVi Online Services is inaccurate, incomplete or out of date, we reserve the right to correct, change or update such information or to cancel orders related to such information (including after you have submitted an order) without prior notice and issue a refund for amounts paid. We cannot guarantee that your computer’s display of color or other product features is accurate. If any product that you purchase is not satisfactory to you, your sole remedy is to return it (unused) for a refund.
15. Feedback and Submissions
VIVI’S companies/solutions are unable to accept unsolicited ideas. By submitting any material to us through any of the ViVi Online Services, you expressly grant to VIVI’S companies/solutions and its affiliates a royalty-free, non-exclusive, fully transferable, assignable and sublicensable right and license to use, reproduce, modify, display, transmit, adapt, publish, translate, create derivative works from and distribute such material, throughout the world and in perpetuity, in all media now known or hereafter devised and for all lawful business purposes of VIVI’S companies/solutions and its affiliates (including, without limitation, advertising, promotional and marketing purposes). You also acknowledge and agree that if and to the extent the material submitted by you identifies you by name, likeness, voice or otherwise (“your identification”), the foregoing license granted by you will automatically be deemed to cover and extend to our use of your identification in connection with our use of the material submitted by you. In addition, you warrant that all so-called “moral rights” have been waived.
16. Geographical Scope of the ViVi Online Services
VIVI’S companies/solutions control and operate the ViVi Online Services from within the United States. VIVI’S companies/solutions make no representation that any materials on the ViVi Online Services are appropriate or available for use outside the United States. If you access the ViVi Online Services from outside the United States, be advised the ViVi Online Services may contain references to products and services that are not available or are prohibited in your country. All visitors to and users of the ViVi Online Services are responsible for compliance with all local laws applicable to them with respect to the content and operation of the ViVi Online Services. The ViVi Online Services are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which that would subject VIVI’S companies/solutions or its affiliates to any registration requirement within such jurisdiction or country.
17. Governing Law
These Terms and any disputes arising under or related to these Terms (whether for breach of contract, tortious conduct or otherwise) will be governed by the laws of the Commonwealth of Delaware, without reference to its conflicts of law principles.
18. Agreement to Arbitrate Disputes
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS. YOU AND VIVI’S COMPANIES/SOLUTIONS AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.
WE BOTH AGREE TO ARBITRATE. You hereby agree that any dispute between you and VIVI’S companies/solutions and its agents, employees, officers, directors, principals, successors, assigns, subsidiaries or affiliates (collectively for purposes of this section, “VIVI’S companies/solutions”) arising from or relating to (a) your misuse of the ViVi Online Services, (b) these Terms and their interpretation or the breach, termination or validity thereof or (c) the relationships which result from these Terms, including disputes about the validity, scope or enforceability of this arbitration provision (collectively, “Covered Disputes“) will be settled by binding arbitration in Florida administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules (available at www.adr.org), in effect on the date thereof. If there is a conflict between AAA Rules and the rules set forth in this Agreement to Arbitrate, the rules set forth in this Agreement to Arbitrate will govern. For purposes of this section, these Terms and related transactions will be subject to and governed by the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA).
WHAT IS ARBITRATION: Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can.
PRE-ARBITRATION PROCEDURES. Prior to initiating any arbitration, the initiating party will give the other party at least 60-days’ advance written notice of its intent to file for arbitration. VIVI’S companies/solutions will provide such notice by e-mail to your e-mail address on file with VIVI’S companies/solutions and you must provide such notice by e-mail to firstname.lastname@example.org with “Legal Dispute” appearing in the subject line. During such a 60-day notice period, we agree to endeavor to settle amicably by mutual discussions of any Covered Disputes. Failing such amicable settlement and expiration of the notice period, either party may initiate arbitration.
ARBITRATION PROCEDURES. To initiate arbitration, you or VIVI’S companies/solutions must do the following things:
(1) Write a Demand for Arbitration. The demand must include a description of the claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.adr.org.
(2) Send three copies of the Demand for Arbitration, plus the appropriate filing fee to: American Arbitration Associate, Case Filing Services, 1101 Laurel Oak Road, Suite 100 Voorhees, NJ 08043.
(3) Send one copy of the Demand for Arbitration to the other party.
Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. If, however, you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, VIVI’S companies/solutions will pay as much of the filing, administration and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive for you. If the arbitrator determines the claim(s) you assert in the arbitration are frivolous, you agree to reimburse VIVI’S companies/solutions for all fees associated with the arbitration that VIVI’S companies/solutions paid on your behalf, which you otherwise would be obligated to pay under the AAA’s rules.
AUTHORITY OF ARBITRATOR. The arbitrator will have the power to grant whatever relief would be available in a court under law or in equity and any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
NO CLASS ACTIONS. VIVI’S companies/solutions and you agree that any Covered Dispute will be submitted to arbitration on an individual basis only. Neither VIVI’S companies/solutions nor you are entitled to arbitrate any Covered Dispute as a class, representative or private attorney action and the arbitrator(s) will have no authority to proceed on a class, representative or private attorney general basis.
WAIVER OF JURY TRIAL. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and VIVI’S companies/solutions in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND VIVI’S COMPANIES/SOLUTIONS WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute is resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.
OPT-OUT OF AGREEMENT TO ARBITRATE. You can decline this agreement to arbitrate by emailing VIVI’S companies/solutions at email@example.com and providing the requested information as follows: (1) Your Name; (2) the URL of the Terms and Agreement to Arbitrate Disputes; (3) Your Address; (4) Your Phone Number; (5) and clear statement that you wish to opt-out of this arbitration provision in the Terms. The Opt-Out Notice must be emailed no later than 30 days after the date you first accept the Terms by using the VIVI Online Services.
If any provision of the agreement to arbitrate in this section is found unenforceable, the remaining arbitration terms will be enforced. In any circumstances where the Agreement to Arbitrate Disputes permits the parties to litigate in court, then such dispute between us arising under the Terms or your misuse of the VIVI Online Services will be subject to the jurisdiction and venue of the state and federal courts located in Boston, Massachusetts, and governed in accordance with the laws of the state of Massachusetts, excluding its conflict of law rules.
You are solely responsible for any and all duties, taxes, levies or fees (including any sales, use or withholding taxes) imposed on or in connection with these Terms or the VIVI Online Services by any authority.
20. General Provisions
No delay or failure on the part of VIVI’S companies/solutions to enforce any part of these Terms will constitute a waiver of any of VIVI’S companies/solutions’ rights under these Terms whether for past or future actions on the part of any person. Neither the receipt of any funds by VIVI’S companies/solutions nor the reliance of any person on VIVI’S companies/solutions’ actions will be deemed to constitute a waiver of any part of these terms. Only a specific, written waiver signed by an authorized representative of VIVI’S companies/solutions will have any legal effect whatsoever. To the extent permitted by applicable law, if any provision of these Terms is determined to be illegal, invalid or unenforceable under present or future law, such provision will be deemed to be deleted without affecting the enforceability of all remaining provisions. These Terms will inure to the benefit of and will be binding upon each party’s successors and assigns. These Terms and the rights granted hereunder may be assigned by VIVI’S companies/solutions but you may not assign them without the prior express written consent of VIVI’S companies/solutions. The headings and captions contained herein are for convenience only.
21. Contact VIVI’S companies/solutions
If you have questions regarding any of these Terms, you can email us at firstname.lastname@example.org write to us at VIVI’S companies/solutions Customer Service, ViVi Holdings Inc., 951 Yamato Rd Suite #101 Boca Raton FL 33431.