TERMS AND CONDITIONS OF USE
Effective Date: May 30, 2018
These terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute.
The website located at www.vivacitysportswear.com (the “Site”) is a copyrighted work belonging to Vivacity Sportswear, Inc. (collectively referred to herein as “Vivacity”, “we”, “us”, or “our”). These Terms govern all use of the Site and all content, services and products available on or delivered through the Site.
We reserve the right, at our sole discretion and at any time, to amend, modify or replace any part of the Agreement. It is your responsibility to check the Agreement periodically for changes. Your continued use of or access to the Site following the posting of any changes to the Agreement constitutes acceptance of those changes.
The Agreement is a legally binding agreement between you and us so please read the Agreement carefully before accessing or using the Site. By accessing or using any part of the Site, you agree to become bound by the terms and conditions of the Agreement. If you do not agree to all the terms and conditions of the Agreement, then you may not access or use any part of the Site. If these Terms are considered an offer by us, acceptance is expressly limited to the terms and provisions of the Agreement.
We provide the following services through the Site (collectively, the “Services”):
Vivacity provides for the sale of women’s apparel and provides access to industry information, happenings and events, new fashion/collection information, and promotions.
FEES, EXCHANGES, RETURNS, AND REFUND POLICY
Fees. We provide the Services at the range of rates listed on the Site, which are incorporated herein by reference. All amounts are due and payable at the time of purchase.
Exchanges. There is no charge to exchange items for a different size, however all exchanges are based on stock availability. Simply request an exchange by calling Vivacity at +1-619-630-7259 or emailing firstname.lastname@example.org within fourteen (14) days of receiving your order, and then specify the new size you require. Please note that we are only able to offer size exchanges. If you wish to exchange your item for an alternative style, we suggest that you return it for a store credit and purchase the new item separately.
RETURNING YOUR PURCHASE
Domestic Returns Service. All domestic returns must be made within SEVEN (7) DAYS of receiving your order, if you would like to return an item, please contact customer service at email@example.com or call +1-619-630-7259 so that your return can be processed. All returns must be received within FOURTEEN (14) DAYS from the day you receive your order. You will be notified by email once your return has been received and processed.
For more information, please contact customer care at firstname.lastname@example.org.
To arrange a return, please email email@example.com
Note, corporate gifts may only be returned by the original purchaser and within FOURTEEN (14) WORKING DAYS of initial receipt.
Late Returns. All returns and exchanges must be received WITHIN FOURTEEN (14) DAYS of receiving your order. Returns outside these timeframes may be accepted at the discretion of Vivacity and may only be refunded as a store credit.
Faulty Goods. Goods are classified as faulty if they are received damaged, or where a manufacturing fault occurs within six (6) months of purchase. Please note that items that are damaged as a result of wear and tear are not considered to be faulty. Where possible, we will offer to repair faulty items. If you would like to exchange your item, please be aware that we can only replace it for the same product in the same size, subject to availability. You will receive a full refund if the item cannot be repaired or replaced. For all faulty items outside of our Returns Policy, please contact firstname.lastname@example.org
Refunds. Your refund will either be credited to the original purchaser’s credit card or you will be issued store credit. If your order has been sent to a destination within the US or Canada, all sales taxes will be refunded. Please note card refunds may take up to TEN (10) BUSINESS DAYS for your bank to complete, depending on their processing time. This can vary greatly between card issuers, and unfortunately we are unable to influence this.
Important Goods, Exchange, and Return Information.
- We have made every effort to display as accurately as possible the colors of our products that appear on the Site. However, as computer monitors vary, we cannot guarantee that your monitor’s display of any color will be completely accurate.
- All items are quality controlled and checked for any faults before they are dispatched to customers.
- Should you receive an item that is not in perfect condition please contact us immediately.
- Please send all items you wish to exchange or return from an order in the same shipment to ensure your exchange or return is processed as quickly as possible.
- Items should be returned in their original packaging to ensure they are adequately protected in transit.
We prefer that items be returned to us via UPS Ground or FedEx Ground to ensure that they are protected and insured during transit. However, you may return the goods by any secure means. Our address for all returns is:
VIVACITY SPORTSWEAR, INC.
4010 Sorrento Valley Blvd #400
San Diego, CA 92121
We request that you contact us at email@example.com in relation to such returns. Please note that we may not accept liability for goods that are not returned via UPS.
State of Goods Exchange and Return Policy. Items should be returned new, unused, and with all Vivacity Sportswear®, Inc. and designer garment tags still attached. Returns that are damaged, soiled or altered may not be accepted and may be sent back to the customer. Where provided, belts and any designer packaging such as authenticity cards, dust bags and leather tags should be included with your return.
Please email firstname.lastname@example.org if any of your purchases have been delivered without Vivacity Sportswear®, Inc. tags.
USE OF THE SITE
Eligibility. We will only knowingly provide the Site and Services to parties that can lawfully enter into and form contracts under applicable law. The Site is not for children under the age of 18 and any such use is prohibited.
Compliance with the Agreement and Applicable Law. You acknowledge and agree that (i) your use of the Site and the Services shall be in strict accordance with the Agreement and with all applicable laws and regulations, including, without limitation, any local laws or regulations in your country, state, city or other governmental jurisdiction, regarding online conduct and acceptable content, and (ii) your use of the Site or the Services will not infringe or misappropriate the intellectual property rights of any third party.
Intellectual Property and Trademarks. You acknowledge and agree that we are the sole owner of all right, title and interest in the Site and any and all Intellectual Property (as defined below) related thereto or to the Services. We reserve all rights in and to any and all Intellectual Property, and in the event that any such rights vest in you, the entity you represent or any of your respective representatives, you hereby irrevocably and unconditionally assign, and shall cause such entity and all such representatives to irrevocably and unconditionally assign, to us all such rights. No right, license or transfer of ownership of any Intellectual Property is granted or shall be granted by implication. All rights, licenses and transfers of ownership (if any) are granted only as expressly provided in the Agreement.
“Intellectual Property” means, with respect to Vivacity (a) all inventions (whether patentable or unpatentable and whether or not reduced to practice), all improvements thereto, and all patents, patent applications and patent disclosures filed in any jurisdiction, together with all reissuances, continuations, divisionals, continuations-in-part, revisions, extensions and reexaminations thereof; (b) all trademarks, service marks, trade dress and design marks (including, without limitation, domain names, uniform resource locators, logos and slogans), including all goodwill associated therewith, and all applications, registrations and renewals in connection therewith; (c) all works of authorship and other copyrightable works and all copyrights subsisting under the applicable laws of any jurisdiction and all application, registrations and renewals in connection therewith; and (d) all trade secrets (including, without limitation, ideas, research and development, know-how, formulas, compositions, business practices, object code, source code, software, hardware, systems, techniques, tools, solutions, processes, procedures, methods, methodologies, applications, day-to-day business operations, technical data, designs, drawings, specifications, customer, vendor or supplier lists, pricing, cost and financial information, and business and marketing plans and proposals). For the avoidance of doubt, Intellectual Property includes any and all additions, modifications, derivative works and improvements thereto.
You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site or the Services.
The name “Vivacity Sportswear” our logo and any of our slogans are trademarks and service marks of Vivacity. The use of any other trademark or service mark is not authorized by, sponsored by or associated with us and is for purposes of description and identification only. You shall not use, duplicate, distribute, modify, reproduce, transmit or take any other action with respect to our trademarks or service marks without our express prior written consent.
Limited License. Subject to the terms and conditions of the Agreement, we grant you a non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Site and the Services solely for your personal, non-commercial use.
Authorized Representative. If an individual is accessing or using the Site or the Services on behalf of any entity, such individual represents and warrants that he or she is an authorized representative of such entity with the full legal power and authority to bind such entity to the Agreement and enter into the Agreement on behalf of such entity.
RESTRICTIONS ON USE
Except as explicitly authorized by the Agreement or with our prior written consent, you shall not (i) distribute, transmit, license, rent, sell, lease, transfer, assign, host or otherwise commercially exploit the Site or the Services, in each case and any Intellectual Property related thereto, whether in whole or in part; (ii) modify, copy, reproduce, translate, create derivative works from, reverse engineer, decompile, disassemble or attempt in any way to reconstruct or discover the source code for the Site or any Intellectual Property related thereto; or (iii) access or use the Site or the Services to build a similar or competitive website, product, or service.
You must comply with any technical restrictions on the Site or the Services that allow you to access or use the Site or the Services only in certain ways. Unless otherwise indicated, any future modification or other addition to the functionality of the Site or the Services shall be subject to the Agreement. All copyright and other proprietary notices on the Site and the Services must be retained on all copies thereof.
You shall not use the Site or the Services to take any action, or assist others in taking any action, that (i) is unlawful, abusive, threatening, harmful, obscene, defamatory, libelous or fraudulent, (ii) violates the personal privacy rights of others, (iii) victimizes, harasses, degrades or intimidates any individual or group of individuals, (iv) constitutes an attempt to impersonate any person or entity, (v) is intended to omit, delete, forge or misrepresent information, (vi) is intended to cloak the identity or contact information of you or others, (vii) infringes upon or misappropriates any intellectual property of any third party, (viii) interferes with or disrupts access to or use of the Site or the Services by us or others, (ix) results in the disclosure of personal, confidential, or insider information, or (x) involves the use of any viruses or other programs intended to interfere with, intercept or expropriate any system, data or personal information.
We may suspend or permanently terminate your account at any time for any reason, including, without limitation, if a suspicion arises that you engaged in any fraudulent activity in conjunction with the Site or the Services.
INFORMATION DISCLAIMERS AND USE
You are solely responsible for any information that you provide to us through the Site or in connection with the Services, and such information may not contain any viruses or other malware that may damage or interfere with the Site. You represent and warrant that your personal, contact and billing information is true, legal, accurate and non-fraudulent in all respects.
SOCIAL NETWORKING SERVICES
THIRD-PARTY LINKS & ADS
The Site or the Services may contain links to third-party websites and services (including SNSs) and/or display advertisements for third parties (collectively, “Third-Party Links & Ads”). Third-Party Links & Ads are not under our control, and we are not responsible for any Third-Party Links & Ads. We provide access to these Third-Party Links & Ads only as a convenience to you and do not review, approve, monitor, endorse, warrant or make any representations with respect to Third-Party Links & Ads. You shall use all Third-Party Links & Ads at your own risk and should apply a suitable level of caution and discretion in doing so. When you “click” on or otherwise visit any Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links & Ads.
DISCLAIMER OF WARRANTY
We have not made any representations, warranties, statements or promises in the Agreement, and you have not relied upon any such representation, warranty, statement or promise in accessing or using the Site or the Services. The Site and the Services are provided “as-is,” and we shall have no liability for any errors or omissions therein or any other aspects thereof. We hereby expressly disclaim all representations and warranties, express or implied, including, without limitation, any warranties of merchantability, fitness for a particular purpose, workmanlike quality, and title, with respect to the Site or the Services. We do not represent or warrant that the Site or the Services will meet your requirements or that access to and use of the Site or the Services be uninterrupted, error-free or entirely secure. You will bear all risk associated with any use of the Internet or other means of data transmission by or on behalf of you, and we disclaim all responsibility and liability in connection with such use. We do not make any representations or warranties with respect to any materials, products, data, information or content provided by any third party. You acknowledge and agree that (i) data transferred to and from the Site may be done so unencrypted and over various networks, and (ii) any access to or use of the Site or the Services is done at your sole discretion and risk. To the extent we cannot disclaim any warranty, as a matter of law, the scope and duration of such warranty shall be the minimum permissible under applicable law.
RELEASE AND LIMITATION OF LIABILITY
By accessing and using the Site and the Services, you agree not to sue or institute any cause of action or legal proceeding of any nature against us or any of our affiliates, or our or their respective officers, directors, employees, representatives, agents, licensors, licensees, successors and assigns (collectively the “Released Parties”) for, and agrees to release, acquit, forever discharge and compensate and hold harmless the Released Parties from and against, any and all costs, damages (actual, consequential, special, incidental, indirect, exemplary, punitive or otherwise), losses, liabilities, claims or expenses (including attorneys’ fees) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (collectively, “Damages”), arising out of, relating to, or in any way connected with your access or use of the Site or the Services. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
IN NO EVENT SHALL ANY RELEASED PARTY BE LIABLE IN CONNECTION WITH OR ARISING OUT OF THE AGREEMENT OR ANY ACCESS TO OR USE OF THE SITE OR THE SERVICES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR: (I) ANY INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OR INTERRUPTION OF USE, LOSS OR CORRUPTION OF DATA OR LOSS OF PROFITS, OR (II) THE COST OF PROCUREMENT FOR SUBSTITUTE PRODUCTS OR SERVICES, IN EACH CASE EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR COSTS. IN NO EVENT SHALL LIABILITY OF ANY RELEASED PARTY IN CONNECTION WITH THE AGREEMENT OR ANY ACCESS TO OR USE OF THE SITE OR THE SERVICES EXCEED THE FEES PAID BY YOU TO US UNDER THE AGREEMENT DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY. WE SHALL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND OUR REASONABLE CONTROL, INCLUDING FORCE MAJEURE. THE FOREGOING SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
You shall defend, indemnify, compensate, reimburse and hold harmless each Released Party, from and against any and all Damages associated with, arising out of or resulting from your access to or use of the Site or the Services, including, without limitation, (i) your breach of any representation, warranty, covenant or other term or provision of the Agreement, (ii) your negligent acts or omissions, (iii) your violation of applicable laws or regulations, and (iv) any content that your post, submits or otherwise makes available on the Site or in connection with the Service.
If any term or provision of the Agreement is held to be invalid or unenforceable, the remaining terms and provisions shall continue in full force and effect without being impaired or invalidated in any way. The parties agree to replace any invalid provision with a valid provision that most closely approximates the original intent and substance of such invalid provision.
You understand and agree that we may, in our sole and absolute discretion and at any time, permanently terminate your account for any reason whatsoever. You understand and agree that we may take any one or more of these actions without prior notice to you. Should we take any of these actions, we may, in our sole and absolute discretion, immediately deactivate or delete any or all information about and concerning your account. You understand and agree that we shall not have any liability to you or any other person for any termination of your access to the Site or the Services or the removal of information concerning your account. If you violate the Agreement, we may pursue damages or any other remedies available to us, including without limitation specific performance or injunctive relief, against you in any forum we deem appropriate.
Disputes between you and us should be reported to our customer service. You can contact us by email at email@example.com. We will attempt to promptly and amicably resolve any such disputes.
The Agreement constitutes the entire agreement between you and us concerning the subject matter hereof and supersedes all prior or contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the subject matter hereof. The Agreement may only be modified by a written amendment signed by an authorized executive of us or by the posting of a revised version by us to the Site. Except to the extent applicable law provides otherwise, the Agreement and any access to or use of the Site or the Services shall be governed by the laws of the State of California, without regard to the conflict of laws rules thereof. All disputes of any nature related to the Agreement shall be determined by final and binding arbitration in San Diego County, California before a single arbitrator. The parties shall agree on the rules and procedures to be followed in the arbitration. If the parties are unable to agree on the rules and procedures to be followed within 15 days, the arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures, and the arbitrator shall apply the laws applicable in the State of California (without regard to the conflict of laws rules thereof). Judgment on the arbitral award may be entered in any court having jurisdiction thereof. The foregoing arbitration provisions shall not preclude either party from seeking an injunction or other provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitrator shall, in the arbitral award, allocate all or part of the costs of the arbitration, including the fees of the arbitrator and reasonable attorneys’ fees of the prevailing party, for payment by the non-prevailing party, and shall determine the prevailing party for this purpose. The parties further agree that (i) any claims brought by either party must be brought in such party’s individual capacity and not as a plaintiff or class member in any purported class or representative proceeding, and (ii) the arbitrator may not (x) consolidate more than one person’s claims, (y) otherwise preside over any form of a representative or class proceeding or (z) award class-wide relief. A waiver by any party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under the Agreement to any party that consents to and agrees to be bound by the Agreement; we may assign our rights under the Agreement without condition. The Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
If you have any questions about these Terms, you may contact us at firstname.lastname@example.org, and include the subject as “Attn: Legal – Terms and Conditions of Use”. Please be sure to include in your email your full name, email address, postal address, and any message.