Thank you for visiting VivoAquatics.com (the “Site”), owned and operated by VivoAquatics Inc. (“VivoAquatics”). VivoAquatics is an industry-leading provider of innovative water management solutions.
You hereby waive any rights or requirements under any laws or regulations in any jurisdiction which require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent such waiver is permitted under applicable law.
While we enable END USERS OF THE PLATFORM to PERFORM REMOTE WATER MANAGEMENT, we are not responsible for monitoring such EVENTS AND WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE suitability, reliability or accuracy of information PROVIDED THORUGH THE PLATFORM. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE OF THIS INFORMATION.
You accept that we are not responsible for, and we expressly disclaim, all liability that may result from ANY information PROVIDED by vivoaquatics, whether online or offline. vivoaquatics does not sponsor, endorse, recommend or approve any particular course of action take after information is received.
1. Using the Site.
Internet Access. When using the Site on your mobile, laptop or desktop device (your “Device”), you acknowledge and agree that you are responsible for (i) maintaining continuous Internet access for your Device through a Wi-Fi or LTE data communication network and (ii) any Internet connection and telecommunications fees and charges that you incur.
Your Device. VivoAquatics is not responsible for the operation of your Device. You are responsible for ensuring the system functions of your Device are in working order when accessing the Site, including, but not limited to, sound reception, screen display operation and quality and camera features of your Device.
Your Communications. You are responsible for all communications, verbal and non-verbal, that you submit in connection with your use of the Site and the content of all information contained in such communications (“Submitted Content”). You are responsible for ensuring that (a) all Submitted Content is original and accurate, and (b) none of the Submitted Content is (i) a falsehood or misrepresentation; (ii) offensive, unlawful, obscene, defamatory, libelous, threatening, harassing, hateful or racially or ethnically offensive. You grant VivoAquatics a perpetual, irrevocable, non-terminable, transferrable, worldwide, royalty-free, sublicensable, fully paid-up, non-exclusive and transferable license to use, record, store and reproduce the Submitted Content and to distribute the Submitted Content to its Customer, the property owner (“Licensee”).
2. License Grant and Restrictions.
No Liability for Termination. You agree that VivoAquatics shall not have any liability whatsoever for any damage, loss or expenses of any kind that you may suffer as a result of any termination of your access to our use of the Site (including, without limitation, damage, loss or expenses), whether or not VivoAquatics is aware of any such damage, loss or expenses.
4. Communications with VivoAquatics
5. Intellectual Property.
Trademarks. The VivoPoint and VivoAquatics name and logo are trademarks and service marks of VivoAquatics. You do not have the right to use any of VivoAquatics’ trademarks, service marks or logos and your unauthorized use of any of these may be a violation of federal and state trademark laws.
Ownership. You acknowledge and agree that VivoAquatics, or its licensors, owns all right, title and interest in and to the Site, including all intellectual property, industrial property and proprietary rights recognized anywhere in the world at any time and that the Site is protected by U.S. and international copyright laws. Further, you acknowledge that the Site may contain information that VivoAquatics has designated as confidential and you agree not to disclose such information without VivoAquatics prior written consent.
The Site is operated by VivoAquatics in the United States. If you choose to access or use the Site from a location outside of the United States, you do so on your own initiative, and you are responsible for compliance with applicable local laws.
8. User Age.
9. Disclaimer of Warranties.
YOU UNDERSTAND AND AGREE THAT THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, MAY NOT BE FUNCTIONAL ON CERTAIN DEVICES AND/OR IN CERTAIN COMPUTING ENVIRONMENTS AND VIVOAQUATICS SHALL HAVE NO OBLIGATION TO CORRECT ANY BUGS, DEFECTS OR ERRORS IN THE PLATFORM OR TO OTHERWISE SUPPORT, DEVELOP OR MAINTAIN THE PLATFORM.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VIVOAQUATICS EXPRESSLY DISCLAIMS ALL WARRANTIES INCLUDING, WITHOUT LIMITATION, WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
VIVOAQUATICS MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, COMPLETENESS, TIMELINESS, CORRECTNESS OR RELIABILITY OF ANY INFORMATON MADE AVAILABLE THROUGH, OR THE PERFORMANCE OF, THE PLATFORM.
VIVOAQUATICS DOES NOT REPRESENT OR WARRANT THAT (a) YOU WILL BE ABLE TO ACCESS OR USE THE PLATFORM AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; (b) THAT OPERATION OF THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (c) YOUR USE OF THE PLATFORM WILL MEET YOUR REQUIREMENTS; (d) DEFECTS IN THE OPERATION OF THE PLATFORM WILL BE CORRECTED OR (e) THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimers may not apply to you.
10. Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VIVOAQUATICS AND ITS AFFILIATES, LICENSEES, LICENSORS AND BUSINESS PARTNERS (COLLECTIVELY, THE “RELATED PARTIES”) SHALL NOT BE LIABLE TO YOU UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR:
ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, USE, DATA OR GOODWILL, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE PLATFORM, EVEN IF VIVOAQUATICS OR THE RELATED PARTIES HAVE BEEN ADVISED OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES OR DAMAGES;
THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; OR
THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE ANY MATERIALS, INFORMATION OR DATA GENERATED, COLLECTED, PROCESSED OR MAINTAINED BY OR THROUGH YOUR USE OF THE PLATFORM.
WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL THE LIABILITY OF VIVOAQUATICS OR ANY OF THE RELATED PARTIES EXCEED ONE HUNDRED DOLLARS ($100).
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of VivoAquatics and the Related Parties shall be limited to the fullest extent permitted by law.
12. Governing Law; Jurisdiction.
14. Contact Us.
15. When were these Terms last updated?
August 16, 2019