TERMS AND CONDITIONS
Greetings from vividdepot.com! This agreement ("Agreement") describes the terms of use that apply to your access to and use of the site. It is made between us and you ("you," "your," or "user") (collectively, the "parties" and each individually a "party"). We are committed to safeguarding the personally identifiable information we get and respect the privacy of individuals who use and/or use the Site. If you register and then decide not to receive emails and newsletters, we offer simple, quick ways for you to opt-out and unsubscribe.
You represent and warrant that you are at least 18 years old, have read, understand, and agree to be bound by the terms of this Agreement by visiting, accessing, and/or using the Site. Additionally, you guarantee that you have never had your access to the Site suspended. In addition, you agree to our online privacy policy's terms as well as our use and processing of any user information you submit for those purposes.
We always reserve the right to modify this Agreement and/or our Privacy Policy. Unless the modification pertains to the operation of a new service or a change in the legislation, in which case it will take effect right away, any change will take effect no earlier than 30 days after it is posted. Your continued use after any modification becomes effective shows your acceptance of the modification (s). You are solely responsible for checking back frequently to see if this Agreement and our Privacy Policy have been updated.
YOU MUST IMMEDIATELY STOP USING THE SITE IF YOU DO NOT AGREE WITH ANY OF THESE TERMS.
We publish content that has been licensed and/or created by third parties, both public and private ("Third Party Service Providers"), including advertisements, articles, industry and business information, newsletters, reviews, guides, tips, and commentary about grant programs, emergency assistance programs, housing, careers, education, legal issues, insurance, home services and warranties, home improvements, mortgage and refinancing, health and financial matters, products, and services. You must complete the registration form that we make available on the Site in order to submit a request for additional details, opportunities, products, and services. However, if you choose not to, you might not be able to use some of the Services. You are not required to give Personal Information. Our website may contain links that take you to the websites of third-party service providers, where you may be required to fill out more registration forms and supply extra personal data. You do so at your own risk, discretion, and determination if you choose to provide any information to any third-party service provider.
We are not a financial institution, a provider of financial services, a provider of home services, a lender, a provider of insurance, an insurance broker, and a provider of real estate services, your agent, or a representative of any state or federal government. We do not provide real estate, medical, legal, insurance, or financial or investment advice. The Site's content, advertising, sponsorships, promotions, and other material are exclusively for your reference. We have no control over whether or not an application submitted to a Third Party Service Provider is approved or whether you are eligible for any such program since we are not a party to any arrangement you could engage into with a Third Party Service Provider. Any program offered by a Third Party Service Provider is subject to the terms and conditions set forth by that Third Party Service Provider alone, not by us.
You must give us information that is genuine, accurate, and comprehensive. Any time, for any reason, and at our sole discretion, we may reject an application or cancel any user's registration. By sending an email to mails@vividdepot.com with the subject "CANCELLATION," you can cancel your registration at any time. In order for us to be able to uniquely identify you, you must make your request from the email address you supplied upon registration. You won't get any more communications from us after that. You must unsubscribe directly from any third-party communications you have signed up for if you want to stop receiving them.
We try our best to deliver accurate, engaging, and useful content on the Site. Nevertheless, you shouldn't rely on any of the information we provide being accurate or comprehensive. Before acting on any advice you get on the Site, you should consult legal and business experts.
You acknowledge and agree that (i) we prominently display our Terms & Conditions and Privacy Policy on the Site; (ii) we clearly label marketing emails as commercial offers; (iii) we include accurate contact information and links to our Terms & Conditions and Privacy Policy in any communication we send; (iv) we prominently display a notice requesting your consent to be contacted at the time your personal information is collected; and (v) we provide accurate contact information and links to our Terms & Conditions and Privacy Policy in any communication (vi) letting you know via email and on the website whenever we modify our Terms & Conditions and Privacy Policy that we have complied with all notice obligations, if any, imposed by state and federal laws governing the gathering and use of consumer data, including but not limited to the CAN-SPAM Act, Gramm Leach Bliley Act, FTC Privacy Report and its rules and regulations, and the Fair Credit Report.
You provide us clear prior express written permission to contact you by email at the email address you choose by registering on the Site. For using or registering with the Site, there is no price. Additionally, you acknowledge that by giving us your mobile phone number, you attest to its accuracy and provide your approval to receive text and SMS communications at the mobile number you supplied. To purchase products or services from our website or third-party service providers, you are not required to give this consent. If you buy goods or services from a Third Party Service Provider, we might get paid by the advertiser. There can be a maximum of 9 recurring messages every month. Data and message rates can be charged. Text STOP to stop receiving SMS messages, and HELP for assistance. You can also follow the opt-out instructions outlined in our Privacy Policy if you no longer want to receive marketing emails from us. You can choose not to get SMS alerts if you unsubscribe from our email list. STOP will, however, just unsubscribe you from our SMS marketing.
You are not permitted to use or access the Site if you are under 18. YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD BY ACCESSING OR USING THE SITE. We do not intentionally collect personally identifying information from anyone under 13 in accordance with COPPA.
The site is not accessible to residents of jurisdictions besides the continental United States, Alaska, and Hawaii. You are not permitted to use the Site if you reside anywhere other than one of the 50 U.S. states.
If you violate any of your responsibilities, obligations, or duties under the Agreement, we may terminate this Agreement. We won't be liable to you or have any other responsibilities under this Agreement after termination or during it.
It includes, but is not limited to, files, images, listings, logos, messages, postings, ratings, recommendations, reviews, text, trademarks, and editorial content. "Our Content" refers to any intellectual property, data, or communications transmitted by us, our users, or third parties via our platforms ("Platforms"). It also contains all of the stuff that we produce.
"Our Technology" refers to all past, present, and future intellectual property rights in the Platforms, such as software, code processes, algorithms, user interfaces, know-how, techniques, organization, designs, text, images, photographs, illustrations, artwork, graphic material, advertising copy, databases, proprietary information, and all other tangible or intangible elements.
All of Our Content is owned, controlled, or licensed by us unless otherwise stated. Copyright, trademark, service mark, and/or other intellectual property rights protect our Content. You acknowledge and agree that, absent a written agreement to the contrary, you will not acquire any rights to Our Technology or Our Content.
Access and/or Use Permit. For the purpose of using the Site, we hereby give you a personal, limited, non-exclusive, non-transferable, and freely revocable license to access and/or use Our Content and Our Technology. You acknowledge and agree that, unless otherwise specified in writing, you have no other rights in or to Our Content or Our Technology than this restricted license. If you violate this Agreement, this limited license expires immediately and without giving you any warning.
Right Reservation. Unless otherwise specified in writing, we reserve all rights that are not expressly given in this Agreement.
Avoiding Unauthorized Use We reserve the right to use any legal means, including, but not limited to, technological obstacles, IP mapping, and getting in touch with your Internet service provider, that we deem necessary to prevent illegal use of the Site, Our Content, and/or Our Technology (ISP).
Notification: You or your agent may send us a written notice that contains the following information if you sincerely believe that content hosted by the Site violates your copyright or trademark.
a precise identification of the allegedly infringing work in terms of copyright or trademark;
a precise description of the content you allege violates the copyright or trademark of the work, as well as details that will help us find that content on the site, like a link to the offending content;
Your contact information, preferably including a phone number and email address, so that we may respond to your complaint;
a declaration stating you "have a good faith conviction that the allegedly infringing material is not permitted by the allegedly infringing party, its agent, or the law";
A declaration that the "information in the notification is accurate and, under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed"; the notice must be signed by the representative of the owner of the allegedly infringed exclusive right.
Send notices to the Copyright and Trademark Agent at the address listed under the MISCELLANEOUS section below. All notices submitted in accordance with the aforementioned conditions will be examined and addressed. We may let the owner or administrator of the impacted site or content know if we delete or disable access in response to such a notice so they can issue a counter notification.
Counter-notification: You or your agent may send us a written notice that includes the following information if you believe in good faith that the material that was removed or disabled was not infringing or that you had permission from the copyright or trademark owner or the owner's agent, or as required by law, to post and use the materials:
Identification of the content that has been deleted or to which access has been restricted, as well as the page where the content was present before it was deleted or to which access was restricted;
A declaration made under oath that you believe the removal or disablement of the item was caused by an error or misidentification of the material that needed to be removed or disabled; and
Your name, email address, and phone number, together with a declaration that you agree to the federal court's jurisdiction in Las Vegas, Nevada, and that you agree to receive service of process from the party who allegedly committed the claimed infringement or a representative of that party.
If we receive a counter-notice, we may send a copy to the party that lodged the complaint and inform them that, barring the filing of a lawsuit seeking a court order, we may replace the content or stop blocking access in 10 business days.
Despite the aforementioned, we reserve the right to delete any content we determine to be infringing, at any time, without warning and without incurring any obligation to you. If we decide, in our sole judgment, that a user is a repeat infringement, we may also cancel their account under suitable conditions.
On the Site, you are not allowed to take or support any of the following actions:
Sell, resell, lease, sublicense, market, distribute, assign, or in any other way transfer the right to use any part of the website for commercial gain;
Take any action that places an excessive or disproportionately high burden on the infrastructure of the Site; "Scrape" the Site or access it through the use of a bot, crawler, data miner, or other automated agent; Gain access to or utilize any of Our Content;
Reformat, duplicate, replicate, translate, or construct derivative works of or display any portion of the website, or mirror or frame any website page;
Remove or tamper with any of Our Content, Our Technology, or any other proprietary right of the Site. Use the Site: I for any illegal activity; (ii) to deceive or mislead us or any third party; or (iii) to cause harm or danger to us or any third-party business, network, or facility.
Users may only use the site for their own personal, non-commercial purposes. Unless specifically specified to you in writing by us, any other usage is prohibited.
The Site might offer links to other websites (each a "linked site"), enabling you to leave the Site and access third-party content elsewhere or, via "inverse" hyperlinks and framing technologies, bringing third-party content to the site itself. The content of a linked site cannot be changed, updated, or in any other way controlled by us. The fact that we have connected to a website does not mean that we approve of it, give it permission, sponsor it, or have any other connection to it, its owners, or its service providers. We strongly advise you to make sure you are aware of the hazards involved before relying on, utilizing, or downloading any information you find online or on a site to which we have provided a link.
You are allowed to link to the Site so long as you do so in a way that does not harm our reputation or promote any behaviour on the Site that would violate the Terms. But you can't set up a link in a way that implies affiliation, permission, or endorsing by use where none exist.
Any of Our Content, as well as any service, feature, or aspect of the Site, may be discontinued or changed at any time with or without prior notice from us.
YOU UNDERSTAND AND AGREE THAT WE DO NOT WARRANT THE ACCURACY, SUITABILITY OR COMPLETENESS OF ANY INFORMATION CONTAINED IN OR PROVIDED IN CONNECTION WITH THE SITE. DISCLAIMER OF WARRANTIES. WE DISCLAIM ALL LIABILITY FOR ANY INACCURACIES OR OMISSIONS OR FOR THE USE TO WHICH SUCH INFORMATION IS PUT.
We DISCLAIM ANY AND ALL EXPRESS AND IMPLIED REPRESENTATIONS AND WARRANTIES OF ANY KIND OR NATURE, INCLUDING REPRESENTATIONS AND WARRANTIES OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USE OF TRADE.
We are not liable for the acts, errors, omissions, representations, warranties, breaches, or negligence of any entity or service appearing on or available through the site, including but not limited to injuries, death, property damage, or other damages or expenses resulting there from because any advertisers, equipment manufacturers, resellers, and service providers are not our agents or employees.
WE DO NOT WARRANT OR REPRESENT: The following statements are not guarantees: I THE SITE WILL CONFORM TO USERS' REQUIREMENTS OR EXPECTATIONS; (ii) THE SITE WILL OPERATE ERROR-FREE OR WITHOUT INTERRUPTION; (iii) THE INFORMATION OBTAINED WILL BE ACCURATE OR RELIABLE; or (iii) THAT ALL DEFICIENCIES IN THE SERVICE CAN BE FOUND OR CORRECTED. Furthermore, the site may be unavailable or interrupted in order to perform maintenance or upgrades. (1) Service interruptions brought on by actions under the control of the user or any user; (2) COMPATIBILITY OF SPECIFIC USER APPLICATIONS OR EQUIPMENT, (3) INABILITY OF USERS TO ACCESS OR INTERACT WITH ANY OTHER SERVICE PROVIDER THROUGH THE INTERNET, OTHER NETWORKS OR USERS THAT COMPOSE THE INTERNET, OR THE INFORMATIONAL OR COMPUTING RESOURCES AVAILABLE THROUGH THE INTERNET, (4) INTERACTION WITH OTHER SERVICE PROVIDERS, NETWORKS
We make no guarantees as to the accuracy, dependability, continuity, absence of errors, or lack of viruses or other harmful agents in the service or its operation.
IN NO EVENT, INCLUDING NEGLIGENCE, WILL WE OR ANYONE ELSE INVOLVED IN ADMINISTERING THE SITE BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE, LOSS OF DATA, DAMAGES FOR DELAY, PUNITIVE OR EXEMPLARY DAMAGES, OR ANY CLAIM AGAINST USER BY ANY OTHER PERSON
We will not be held responsible for unauthorized access to or alteration of any data, equipment, or services, theft, loss, or destruction of such data, equipment, or services, whether as a result of an accident, fraudulent means or devices, or any other method.
WE SHALL HAVE NO OTHER OBLIGATION, DUTY, OR LIABILITY WHATSOEVER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE TO USERS AND SHALL BE LIABLE TO USERS ONLY AS EXPRESSLY PROVIDED IN THIS AGREEMENT. NO MATTER WHAT THE NATURE OF THE CAUSE OF ACTION, DEMAND, OR ACTION BY USER, INCLUDING BREACH OF CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER LEGAL THEORY, THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS AGREEMENT SHALL APPLY AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES OR THE FAILURE OF Some states and jurisdictions do not permit time restrictions or the exclusion of implied warranties, or they may provide additional rights that cannot be waived in accordance with this document.
You release us from all claims arising from or connected with the use of intercepted information in any unauthorized manner, and you acknowledge that we are not responsible for any information intercepted while being sent over the Internet.
USERS WHO RESIDE IN CALIFORNIA AGREE TO WAIVE CALIFORNIA CIVIL CODE SECTION 1542, 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."
TO THE FULLEST EXTENT POSSIBLE BY LAW, OUR MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SITE OR YOUR USE OF OUR CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED ONE-HUNDRED DOLLARS ($100.00).
Any claim or cause of action you may have arising out of or connected with this agreement or the site must be brought within one year of the claim or cause of action occurring; otherwise, the claim or cause of action is forever barred.
You consent to defend, indemnify, and hold harmless us, our affiliates, staff members, officers, directors, and shareholders (each a "Indemnities") from and against any claims, suits, actions, or proceedings (collectively, "Claims") brought and damages, costs (including attorneys' fees), and/or judgments rendered against us arising out of or related to: (i) Claims made by any person or organization insofar as those Claims are based on or result from the user's use of the Site or other user-related conduct, (ii) the user's violation of this Agreement, or (iii) the user's failure to adhere to all relevant laws. We will provide written notice of the claims to the user, offer them the opportunity to be defended or settled (on terms that we deem reasonable), and, subject to our sole discretion, provide the user with any information or help they reasonably seek in connection with the claims.
The website is offered "AS IS" and "WITH ALL FAULTS."
The provisions of this Agreement that, by their very nature, are meant to endure its expiration or earlier termination, such as those that deal with ownership, indemnification and defence, warranty disclaimers, and liability limits, shall endure its expiration or earlier termination.
Notice. We reserve the right to give notice by way of an all-purpose notice on the Site or email at the address you have given us. Email notices to you take effect when sent, regardless of actual receipt. You are solely responsible for making sure that the email address we have on file for you is current, correct, and working properly at all times. You must also contact us right once if your email address changes. You can give us notice at any time by sending an email to mails@vividdepot.com that has been confirmed as having been received.
Powers That Be. If the execution of this Agreement or the performance of any obligation hereunder is prevented, limited, or interfered with by reason of any fire, flood, earthquake, explosion, or other casualty or accident or act of God, strikes or labour disputes, inability to obtain or obtain delivery of goods, supplies, telecommunication services, equipment, or software, war or other acts of violence, any law, order, proclamation, regulation, ordinance, demand, or requirement of any governmental authority, or any combination of the foregoing
Severability. The remainder of this Agreement, as applicable, shall remain binding on the parties in the event that any provision or portion of it is found to be invalid, unlawful, or unenforceable. In such a case, the invalid, unlawful, or unenforceable provision or portion shall be severed and deleted or limited in a way that gives effect to the parties' intentions as nearly as possible.
Assignment. User may not assign or transfer this Agreement or any of its rights or responsibilities under this Agreement to any third party without our prior written authorization, which we may grant or withhold in our sole discretion. Without your permission, we may transfer this Agreement to any person or organization. Any of the obligations placed on us by this document may be transferred to our affiliates, agents, suppliers, or contractors, and we may disclose to any such individuals any information necessary for them to carry out the tasks so delegated.
Waiver. Any failure or delay on our behalf to enforce any right under this Agreement shall not, at any time, be construed as a waiver of that right or any other right, and shall not affect either party's rights or duties under this Agreement.
Regulation Law. Without regard to principles of conflict or choice of law, the laws of the State of Nevada shall govern this Agreement and be followed in its interpretation.
Arbitration. SMALL CLAIMS COURT OR ARBITRATION SHALL BE THE FINAL FORUM FOR RESOLVING ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING THE BREACH, TERMINATION, OR VALIDITY THEREOF. Any challenge to the arbitration tribunal's jurisdiction or the legality or enforceability of any part of the arbitration agreement may be decided by the tribunal. THE PARTIES AGREE THAT THE ARBITRATION SHALL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT THIS AGREEMENT SHALL NOT ALLOW CLASS ARBITRATION OR THE BRINGING OF ANY CLAIMS IN ANY MANNER OF CLASS OR REPRESENTATIVE ARBITRATION. The customer has the option of having the arbitration handled over the phone or in their home county. We'll pay for the arbitration fees. The arbitral tribunal is not permitted to combine the claims of more than one individual, nor may it in any other way preside over a representative or class action. The remainder of the arbitration agreement will still be in effect if the ban against class arbitration is found to be defective or unenforceable, unless class arbitration is requested in which case the entire arbitration agreement will be void.
Non-Arbitration Forum; Venue. In the event that a challenge to the jurisdiction of the arbitrator or a challenge to the validity or enforceability of any portion of the agreement to arbitrate is sustained, the parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the State of Nevada located in Clark County or in the United States District Court for the District of Nevada for the purposes of any suit, action or other proceeding arising out of this Agreement or the subject matter hereof brought by any party hereto; and hereby waive and agree not to assert as a defence or otherwise, in any such suit, action or proceeding, any claim that it is not subject personally to the jurisdiction of the above-named courts, that the suit, action or proceeding is brought in an inconvenient forum, or that the venue of the suit, action or proceeding is improper.
Jury trial and class action waiver. You acknowledge and agree that you are waiving your right to a jury trial and your right to act as a representative, private attorney general, or in any other type of representative capacity, or to join a class of claimants in any legal action involving us, our affiliates, employees, officers, directors, or members with respect to any dispute relating to or arising from your use of the Site or this Agreement.
Miscellaneous. Following your acceptance of this Agreement and its termination, any covenants, agreements, representations, and warranties made herein shall remain in effect.
Construction. The titles of the parts of this Agreement are for ease of reference only and are not to be taken into account for interpreting the meanings of any provisions included herein. Unless this Agreement's context clearly dictates otherwise: (i) references to the singular also include references to the plural and vice versa, (ii) All genders are mentioned when one gender is mentioned. (iii) The terms "or" and "including" have the inclusive meaning often associated with the phrases "and/or," "including but not limited to," and "including without restriction," respectively. (iv) References to "hereunder," "herein," or "hereof" apply to this Agreement as a whole. Any mention to a statute, rule, regulation, or other agreement in this Agreement, including this Agreement, shall be deemed to refer to that statute, rule, regulation, or other agreement as it may be altered, revised, amended, or supplemented from time to time. The parties agree that any ambiguities in this Agreement shall not be construed against the party that drafted it, and that this Agreement shall be fairly understood in line with its contents without any rigid construction favouring or disfavouring either party.
Fees for attorneys. The prevailing party in any such action shall be entitled to recover its reasonable attorneys' fees and costs from the non-prevailing party if a challenge to the arbitrator's jurisdiction or to the validity or enforceability of any part of the agreement to arbitrate is upheld and a lawsuit between you and us is required to enforce any of the terms of this Agreement.
Relationship. Except as otherwise expressly provided in this Agreement, there is no partnership, joint venture, agency, or employee-employer relationship between you and us as a result of this Agreement.
Complete Agreement. Any past agreements and discussions between the parties about the subject matter covered by this Agreement are superseded by this Agreement, which lays forth the entire understanding of the parties. No term, condition, provision, representation, warranty, covenant, or promise, other than those expressly mentioned in this Agreement or those later set down in writing and signed by an official or representative lawfully authorized by the party to be bound therein, shall bind either party.
© 2024 Vivid Depot. All Rights Reserved
Disclaimer: The information on this website is simply meant to be informative. We don't offer legal services because we don't have a license to practice law. We are a collective of lawyers who advertise their services together. We are not a law office or a reference service for attorneys. The attorney-client privilege does not apply to communications made through this website. The purpose of this material is to raise customer awareness. Any information on this website should not be taken as legal advice. For accurate legal information or representation, please contact a lawyer in your area.