TERMS OF USE
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.
It is important that you carefully read and understand this Terms of Use. Terms of Use is a legal and binding agreement between you and VivoAquatics. By clicking the “accept” button after being presented with this Terms of Use and/or using the Site, you expressly acknowledge that you have read this Terms of Use and agree to all of its provisions. This Terms of Use sets forth your rights and obligations with respect to your use of the Site and any communications, information, and/or data of any kind provided through the Site.
IF YOU DO NOT AGREE TO THIS TERMS OF USE, YOU ARE NOT AUTHORIZED TO USE THE Site AND YOU MUST PROMPTLY CEASE USING IT.
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.
Use Restrictions. You may not access or use the Site in any way that is not expressly permitted by this Terms of Use. You may not: (a) cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Site; (b) sell, assign, rent, lease, or grant rights in the Site, including, without limitation, through sublicense, to any other person or entity; or (c) use the Site for any unlawful, prohibited, abnormal or unusual activity as determined by VivoAquatics in its sole discretion.
Violation of this Terms of Use. You acknowledge and agree that you are solely responsible, and VivoAquatics has no responsibility or liability to you or any other person or entity for, any breach by you of this Terms of Use or for the consequences of any such breach.
3. Termination.
Termination by VivoAquatics. VivoAquatics may, at its option, terminate your access to and use of the Site immediately if it determines you are in breach of or otherwise acting inconsistently with this Terms of Use.
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
We use email, telephone, and chat messaging to communicate with you. Additionally, we may contact you via the Site. For contractual purposes, you (1) consent to receive communications from us in an electronic form via the email address you have submitted, messaging through the Site or through chat messaging; and (2) agree that all of the Terms of Use, agreements, notices, policies, and other communications that we provide to you electronically satisfy any legal requirement that those communications would satisfy if they were on paper. This section does not affect your non-waivable rights.
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.
6. Privacy Policy.
By accepting this Terms of Use or using the Site, you represent that you have read and consent to our Privacy Policy in addition to this Terms of Use. If at any point you do not agree to any portion of the Privacy Policy, you must immediately stop using the Site. By using the Site, you agree to the then-current versions of this Terms of Use and Privacy Policy, which will be posted on the Site.
7. Location.
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.
This Site is not intended for use by people under 13 years of age. We will not knowingly collect information from minors in the United States or elsewhere with or without the consent of their parents or guardians. Personal registration information submitted by a person under the age of 13 will not be accepted. Any general information provided by a person under the age of 13 and gathered (for example, through the use of cookies) during his or her visit may be used as indicated in this).
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.
11. Indemnification.
You agree to defend, indemnify and hold VivoAquatics and the Related Parties harmless from and against any and all claims, demands, liabilities damages and losses including, without limitation, reasonable attorneys’ fees, resulting from or arising out of (a) your use of the Site; or (b) your breach of this Terms of Use.
12. Governing Law; Jurisdiction.
This Terms of Use is governed by California law, without regard to conflict of laws principles. You and VivoAquatics agree that the state and federal courts located in the County of Los Angeles, California will have exclusive jurisdiction of all disputes arising out of or related to this Terms of Use or your access to or use of the Site or the Site and agree to submit to the personal jurisdiction and venue of these courts. Notwithstanding the foregoing, VivoAquatics shall be allowed to apply for equitable remedies (including injunctions) in any jurisdiction.
13. General.
Assignment. The rights granted to you under this Terms of Use may not be assigned without VivoAquatics’ prior written consent, and any attempted unauthorized assignment by you shall be null and void.
Severability. If any part of this Terms of Use is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of the Terms of Use shall be given full force and effect.
Attorneys’ Fees. The prevailing party shall be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in any legal action relating to this Terms of Use.
No Waiver. Our failure to enforce any provision of this Terms of Use shall in no way be construed to be a waiver of such provision, nor in any way affect our right to enforce the same provision at a later time. An express waiver by VivoAquatics of any provision, condition or requirement of this Terms of Use shall not be understood as a waiver of your obligation to comply with the same provision, condition or requirement at a later time.
Equitable Remedies. You acknowledge and agree that VivoAquatics would be irreparably damaged if the terms of this Terms of Use were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to any breach of this Terms of Use, in addition to such other remedies as we may otherwise have available to us under applicable laws.
Entire Agreement. This Terms of Use, including the documents referenced in this Terms of Use, constitutes the entire agreement between you and VivoAquatics with respect to the Site and supersedes any and all prior agreements between you and VivoAquatics relating to the Site.
14. Contact Us.
If you have any questions or comments relating to the Site or this Terms of Use, you can submit a question though our Site, send an email to at support@vivopoint.com, or call customer service at (855) 389-7378.
15. When were these Terms last updated?
August 16, 2019
