TERMS AND CONDITIONS—SITE USE

[Effective date: April 16, 2018]

PLEASE READ THESE TERMS AND CONDITIONS VERY CAREFULLY

 

By accessing or otherwise using the Vivacity Tech PBC website www.vivacitytech.com (the “Site”) you agree to be bound by these terms and conditions of use and any other applicable end-user agreements.

 

Changes to the Terms and Conditions

Vivacity Tech may change these terms and conditions of use at any time, without prior notice. If you access or use the Site after Vivacity Tech posts a change, you accept that change. If you do not accept the change, do not access or use the Site. You should check these terms and conditions of use periodically.

 

Access and Use of the Site

Vivacity Tech grants you a limited license to access and use the Site, including to display, copy, distribute and download its content, only for your personal, non-commercial use and provided that you do not modify the Site, its content, or any copyright or other proprietary notices. This license terminates automatically if you breach any of these terms and conditions of use. Upon termination, you must immediately destroy all copies in your possession.

Unauthorized use of the Site or any content may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

 

Restrictions on Use of the Site

Except as expressly authorized above, you may not copy, modify, distribute, download, display, transfer, post or transmit the Site or its content in any form without Vivacity Tech’s prior written permission.

The following activities are also expressly prohibited without Vivacity Tech’s prior written permission: any non-personal or commercial use; use of any robot, spider, other automatic device, or manual process to monitor or copy the Site or any of its content; “mirroring” the Site or any content on any other server; collection or use of product listings, descriptions, or prices for a supplier of competitive or comparable products; and any action that imposes an unreasonable or disproportionately large load on the Site or otherwise interferes with its functioning.

 

Posting and Transmitting to the Site

Except for information that is subject to the Vivacity Tech Privacy Policy, Vivacity Tech will not treat information you post or transmit to the Site as confidential or proprietary. By sending information to Vivacity Tech through the Site (by transmitting, posting, or otherwise), you agree that Vivacity Tech may use that information in any way, for any purpose, including Vivacity Tech’s own commercial purposes, subject only to the Vivacity Tech Privacy Policy.

You may not post or transmit any threatening, defamatory, sexually graphic, inflammatory, profane or other inappropriate material. Vivacity Tech reserves the right to edit or remove any post or transmission that, in its judgment, is not appropriate.

 

Accuracy of Information and Disclaimer of Warranty

Vivacity Tech has made every effort to present the content the Site accurately, but additions, deletions and changes may occur. Content on the Site is provided “as is”; neither Vivacity Tech nor its representatives make any representation or warranty with respect to the content.

VIVACITY TECH AND ITS REPRESENTATIVES SPECIFICALLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SITE OR ITS CONTENT, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, COMPLETENESS, TIMELINESS, CORRECTNESS, NON-INFRINGEMENT OR FITNESS FOR ANY PARTICULAR PURPOSE.

 

Limitation of Liability

Under no circumstances will Vivacity Tech or its affiliates have any liability with respect to any claims or damages (whether direct or indirect, special, incidental, consequential or punitive) as a result of your access or use of (or inability to access or use) the Site or its content, even if they have been advised of the possibility of such damages. You access and use the Site at your own risk.

 

Links to the Site

Vivacity Tech grants you a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Site so long as the link does not portray Vivacity Tech or its products or services in a false, misleading, derogatory, or offensive matter. You may not use the Vivacity Tech logo, Vivacity Tech trademark, or Vivacity Tech’s name or trademarks, or other proprietary graphic in the link without the prior written permission of Vivacity Tech.

Links to Third Party Websites

Vivacity Tech does not review or control third party websites that link to or from the Site, is not responsible for their content, and does not represent that their content is accurate or appropriate. Your use of such third party site is on your own initiative and at your own risk and may be subject to the other sites’ terms of use.

 

Ownership

The material provided on the Site is protected by law, including, but not limited to, United States trademark law, copyright law and international treaties. The copyright in the content of the Site is owned by Vivacity Tech or others. Except for the limited rights granted above, all other rights are reserved.

All trademarks are the property of their respective owners. Some images are courtesy of manufacturers.

 

Pricing Information; Availability Disclaimer

Vivacity Tech reserves the right to make adjustments to pricing to its products and services for any reason, including, but not limited to, changing market conditions, product discontinuation, product unavailability, manufacturer price changes, supplier price changes and errors in advertisements. All orders are subject to product availability.  Therefore, Vivacity Tech cannot guarantee that it will be able to fulfill customer’s orders.

 

For Use in the United States

The Site is controlled and operated by Vivacity Tech from its offices within the United States. Vivacity Tech does not represent that the Site is appropriate or available for use elsewhere; access to the Site from locations where its contents are illegal is not authorized. If you access the Site from outside the United States, you do so on your own initiative and at your own risk.

 

Privacy

Please review the Vivacity Tech Privacy Policy, which also governs your visit to this Website.

Version effective date: 4-16-18