Last Updated: April 15, 2012
ALL USERS MUST READ THESE TERMS
Viva Hub, Inc. ("VivaHub," "VivaHub.com," "Website," "us," or "we") sells Vouchers for Merchant goods and services through the VivaHub website subject to this Terms and Conditions Agreement (also "Terms," "Agreement" and "User Agreement"), which Users may purchase through VivaHub.com.
VivaHub, through its website, services, facilitates promotes Merchant Offers, including Partnered Offers (Merchant Offers that are linked to a Fundraising Group) to Users. Merchants create Offers for its goods or services, which when sold, will be delivered to Users by VivaHub, in the form of Vouchers, redeemable for the goods or services specified by the Merchant in the Offer, and printed on the Voucher. These Offers will be marketed through VivaHub's online website, www.VivaHub.com, as well as through other VivaHub partnership sites and portals. VivaHub sells Merchant Offers, subject to these Terms and Conditions. Merchant is solely responsible for the redemption of any Voucher sold pursuant to these Terms and Conditions, and VivaHub, as the issuer of the Voucher, is the seller of the set of intangible rights represented by a Voucher. The use of VivaHub.com, and the purchase of any Voucher is at User's sole risk.
"Active Open Offer" means an Open Offer that is currently visible and live on VivaHub, making it one that can be selected or chosen by a Fundraising Group, thereby creating and scheduling it as a Partnered Offer on the date that the Fundraiser specifies.
"Campaign" means a Fundraiser Organization's Fundraising Campaign which exists during a particular range of dates, and may include a name or title, a goal, and other functions and features.
"Cash Donation" is an amount donated to a Fundraiser using VivaHub's 'Donate Now' feature, or 'add additional donation amount' offered during checkout. Accepting Cash Donations is an optional feature, that the Fundraiser may hide at any moment by de-selecting it in their Fundraiser Portal, and does carry a transactional fee.
"Charity Account" means a VivaHub User Account which has also been registered with the required Charity, thereby creating access to the Charity Portal, and authorized to establish Charity Partnerships with Merchants through the VivaHub Website.
"Confidential Information" means any information contained in the Merchant account and that is generated, or provided to you by the VivaHub system, including, but not limited to, information relating to the services that VivaHub.com provides, transaction information, or customer information necessary to in order to aid with redemption of purchased VivaHub Vouchers.
"Customer Information" means information collected by VivaHub, or on behalf of VivaHub, including information and data regarding customers that may or have purchased VivaHub Vouchers.
"Donations" are the larger category of donations which includes collectively both Cash Donations and the Donations Amounts of a Partnered Offer.
"Donation Amount" means the portion of a sold Voucher (in the case of a Partnered Offer), that is donated to a fundraising organization.
"Donation Feature" is the set of functions that enable a Fundraiser to accept Cash Donations in a variety of places on VivaHub.com. This is in addition to Donation Amounts associated with the successful sale of Partnered Offers.
"Donation Percentage" means the percentage of the proceeds from Voucher sales that Merchant has agreed to donate to the non-profits, charities, individuals, cause, or group.
"Dormant Voucher Fees" are fees that are charged against a Voucher's face value, for Vouchers that have not had any activity, and have gone unredeemed, for long periods of time.
"Face Value" (also "Paid Portion") means the amount User paid for the Voucher and does not include the Promotional Value, nor the Donation Amount provided to the Fundraising organization in the case of a Partnered Offer.
"Full Promotional Amount" or "Full Voucher Promotional Amount" means the total amount/value for which a Voucher may be redeemed during the Voucher Promotional Period, prior to the Promotional Value Expiration, subject to any applicable Laws.
"Fundraiser-partnered offer" are Offers where Merchants partner with non-profits, charities, individuals or any cause or group, and where a percentage of the proceeds from the sale of Vouchers are given to the non-profit, charity, individual, or cause.
"Fundraiser Portal" means the password-protected pages accessible via your User Login which allow access to the Fundraiser Account pages including the Partnership Request, and Edit Pages, Team Member and Mailing List Pages, Request Payment Page and other Fundraiser pages only accessible upon registering a Fundraiser Account.
"Fundraiser Request" (also "Fundraiser Partnership Request" "Fundraiser "Request for Partnership" and "Fundraiser Request to Merchant") means the request, sent using the VivaHub website on behalf of the fundraising group, to partner with a particular Merchant, in exchange for a percentage of the revenue of Voucher's sold, to raise money for their cause.
"Fundraiser" (also "Fundraising Group," "Fundraising Organization," "Fundraisers," "Charity," "Cause") means an individual, group, or organization that accesses the Fundraiser Portal on VivaHub.com.
"Intellectual Property Rights" or "Intellectual Property" means any patent, trademark, copyright, publicity, privacy, trade secret.
"Issuer" means the corporation, entity, or individual responsible for the publication of the Vouchers. VivaHub, in North Carolina, is the issuer of the Vouchers. Merchant is not the Issuer, but is the provider of goods and services redeemable through the Vouchers.
"Laws" means collectively any and all state, federal, and local laws, rules, regulations, and orders, and also includes the Credit Card Accountability, Responsibility, and Disclosure Act of 2009, and all laws that govern vouchers, gift cards, coupons, and/or gift certificates, as well as any relevant law regarding false, unfair, and deceptive practices.
"Merchant" (also "you") is both a registered User, subject to the VivaHub Terms and Conditions and a Merchant User subject to this Merchant Agreement. Merchant is promoting their business by providing offers for goods and services through VivaHub.com.
"Merchant Account" means a VivaHub User Account which has also been registered with the required Merchant information and agrees to this Merchant Agreement, thereby creating access to the Merchant Portal.
"Merchant Portal" means the password-protected pages accessible via your User Login which allow access to the Merchant Account pages including the Offer Creation and Edit Pages, Voucher Redemption Pages, Request Payment Page and other Merchant pages only accessible upon registering a Merchant Account.
"Merchant Voucher Redemption & Validation" (also "Voucher Validation," "Merchant Voucher Validation," and "Merchant Voucher Redemption") is the process in which a Merchant enters the Voucher Redemption Code inside the Merchant Portal allowing merchant to receive credit for a Voucher, while verifying the Voucher's validity, authenticity, availability of funds, and confirming that the voucher has not previously been redeemed by the Merchant.
"Offer" (also sometimes referred to on the website as "Deal") refers to both Public Offers and Fundraiser-Partnered Offers, collectively that are marketed as available to purchase using the VivaHub platform. Any purchased Offers will then cause a Voucher to be created. The term "Offer" alone does not mean it has been purchased, or that it is available for redemption.
"Offer Creation" is the process when your Offer is created, and ultimately presented to VivaHub. The Offer will not be active, and the associated contractual obligations between Merchant and VivaHub specifying the terms of the offer are not deemed Accepted until VivaHub takes the final step of approving your Offer.
"Offer Date" or "Initial Offer Date" means the date the Voucher will first be offered for sale on VivaHub's website at VivaHub's sole discretion.
"Open Offer" means an Offer by the Merchant which allows one or more fundraisers to select the Merchant's business as a fundraising partner based on the specific terms set by the Merchant.
"Promotional Period" means the period of time after the Merchant Offer has ended and during which any purchased Vouchers are available for redemption for the Full Promotional Amount, subject to any applicable laws and/or special instructions listed on the Voucher.
"Promotional Value Expiration" means, unless otherwise required by law, the date on which the promotional portion of the Voucher may no longer be redeemed by User and after which User can only redeem for the paid portion.
"Promotional Value" means the unpaid portion of the Voucher, in excess of the amount paid by User for the Voucher at the time of purchase. Where applicable on Partnered Offers, the Donation Amount is not considered a part paid by the user for the Voucher. All Partnered Offers will have a Promotional Value, because a portion of your Partnered Offer purchase price will be Donated by you, to the Fund raising Group.
"Public Offer" means an offer made by a Merchant through VivaHub, which after approved by VivaHub, may be scheduled and become an Active Offer available for purchase by Users.
"Publication" means when the Offer is active and can be purchased by a customer through VivaHub.com.
"Sales Period" means the time period during which a Merchant's Offer is available for purchase after being published on VivaHub.com's website.
"Special Instructions" or "Fine Print" are additional terms, conditions, restrictions, or limitations on the way(s) in which a customer may redeem a Voucher, and which may be added to or modified by Merchant during your Offer Creation.
"Universal Terms" are the Terms that apply to all Vouchers, and include these Terms and Conditions, except where the Voucher has a conflicting term.
"User" means anyone that accesses the VivaHub website.
"User Account" means a basic, registered VivaHub account along with the associated registration information (such as name, e-mail address, and password), account information, password-protected pages and account control options accessible through the VivaHub Website. This is the portion of your account on VivaHub.com (currently labeled "My Account" on the drop down menu in the upper right corner of all pages), specifies the e-mail address used for all electronic communications with VivaHub. For access, Merchant Accounts require a corresponding VivaHub User Account.
"User Login" is the e-mail and password information required to gain access to all areas of VivaHub.com that you have successfully created, such as your User Account, Merchant Account, and Fundraiser Account.
"VivaHub" is the seller of the Merchant's Offers and includes VivaHub.com, VivaHub trademarks, and any software or tools used by VivaHub to promote and sell Merchant Offers.
"VivaHub Fees" means those fees that may be charged to a Fundraiser or a Merchant pursuant to their use of the site, and may include a fixed amount and a percentage, and may also include any applicable credit card fees.
"VivaHub Fundraiser Page" (also "Fundraiser Page" or"Fundraiser Landing Page") is the page, or set of pages, that are publicly displayed and available to access by the general public without the use of a password. These page may display information provided by you inside your VivaHub Fundraiser Portal, and will display Active Partnered-Offers, and at your option, the Donation Feature.
"Voucher" (also "VivaHub Voucher" is a pdf printable form that specifies the details of a Merchant's Offer that was purchased by a User, owing the prescribed set of rights to redeem to the customer. A Purchased Offer, will generate a corresponding Voucher, when it is purchased by a user.
"Voucher Redemption Code" is the unique code printed on the Voucher which the Merchant enters inside the Merchant Portal in order to simultaneously redeem and receive credit for the Voucher, while verifying the Voucher's validity, authenticity, availability of funds, and confirming that the Voucher has not previously been redeemed by the Merchant.
These Terms govern the use of this website by the User. Your use of this website is conditioned upon your agreement and representations that: (a) you are at least thirteen (13) years old or older to use VivaHub.com, but are eighteen (18) years old or older, or an emancipated minor, or possess legal parental or guardian consent to purchase Offers; (b) you are fully able and competent to accept these Terms and possess the authority and are capable of creating a binding legal contract; (c) your use of VivaHub.com will comply with the terms of this Agreement; (d) you have the right to provide any information you submit to the website; (e) you must create an account to purchase a Voucher, create a Merchant Account, or create a Fundraiser Account.
You accept this Agreement as soon as you first establish your User Account, or otherwise accept the User Terms.
VivaHub may terminate this Agreement, and block access to your User Account for any reason at any time with 24-hour written notice for convenience to User, in VivaHub's sole discretion. VivaHub may terminate this Agreement, and block access to your User Account without notice for any reason for cause, should VivaHub determine in its sole discretion that User in any way a) materially violated any of the terms of this User Agreement, or any other policy you have with VivaHub ; b) failed to provide complete and accurate information in your account, or failed to keep your account information up to date at all times; c) misused the account, failed to abide by standards provided to you by VivaHub in advance, engaged in any conduct which VivaHub believed to be misleading, unfair, deceptive or otherwise in bad faith, or lacked regard for whether the conduct negatively impacted the interests of VivaHub's customers, or VivaHub's business.
Pursuant to the other Terms and Conditions in this Agreement, if your User Account is terminated, any Voucher issued prior to the termination of this Agreement will be honored according to the Terms of this Agreement applicable to said Voucher. If your User Account was suspended and/or terminated you are prohibited from registering for a new VivaHub User Account without express permission from VivaHub. VivaHub reserves the right to proceed with civil and/or criminal action as it relates to any User conduct in violation of this Agreement, to notify your Internet Service Provider of any illegal, or fraudulent conduct by you, or take any other legal action necessary to hold you liable for any and all damages we suffer because of your conduct.
It is the Users sole responsibility to protect the User Account unique ID and password from theft and to not allow anyone other than the User Account holder to use his or her User Account and/or password. User Accounts are non-transferrable and Users are only permitted to establish one User Account with VivaHub. It is User's sole responsibility to keep all User Account information up-to-date, if information changes. It is User's sole responsibility to notify VivaHub if User believes his or her User Account has been illegally accessed, or otherwise used without your authorization.
Users can cancel their User Account at any time during the set-up process and the account and any information provided will not be saved by VivaHub. After a User Account has been established, a User who wishes to cancel his or her account must contact VivaHub support using the "Contact Us" link at the footer of this page, to cancel the account. Any information provided as a part of establishing a User Account for which no transactions are ever made, that is subsequently canceled by the User will be used solely for statistical purposes with VivaHub.com about Users. Certain information provided by you related to Offers purchased, Partnered Offers you purchase, or Donations you make using the VivaHub system will remain intact, only as VivaHub deems necessary, for Voucher redemption, and compliance with Fundraiser requirements relating to your donation. Refer to Termination section of these Terms and Conditions for additional information about VivaHub's rights regarding termination of User Accounts. As a part of establishing a User Account with VivaHub, User consents to receive e-mails and other electronic communications from VivaHub, including promotional e-mails and advertisements to the e-mail account provided and/or associated with a User Account.
Offers are created by Merchants for their goods and services, sometimes at a discount, and in some cases partnered with a fundraiser (Partnered Offer) and sold to Users on VivaHub.com. When a User purchases an Offer, the User will be sent a confirmation e-mail and the credit card associated with the User Account will be charged for the amount listed on the Offer (for each offer purchased) in addition to any Donation Amounts, or Cash Donation added by a User. A Voucher is then generated, and linked inside your User Account. The Voucher's only right, is the right to be redeemed with the Merchant according to the Voucher's Terms. VivaHub is solely the issuer of the Voucher, but Vouchers are solely redeemable through the Merchant listed on the Voucher, and Merchant is solely responsible for all redemption obligations as well as any liability with regard to the goods and services that they provide, or fail to provide, pursuant to the terms of any Voucher. Refer to the Indemnification Section of this Agreement for more information on liabilities and waivers associated with the Vouchers.
When a User purchases an Offer, the User is agreeing to the Terms and Conditions contained in this Agreement, and the Terms of the Offer, which will be printed on the Voucher, including, where applicable, Special Instructions or Fine Print entered by the Merchant, and Universal Terms that apply to all VivaHub Vouchers. The Terms and Conditions in this Agreement apply to all Vouchers unless specifically stated otherwise on the Offer or Voucher. As between the Terms and Conditions and the Voucher terms, the Voucher terms control in the event of a conflict.
Vouchers are generated once a User purchases an Offer on VivaHub, which will entitle the User the right to redeem the Voucher for the Goods or Services of a particular Merchant. The Voucher contains two parts: a Paid Portion (also "Face Value") and a promotional portion ("Promotional Value"). As for a traditional Offer (not a Partnered Offer with a Fundraising Group), the Paid Portion of the Voucher is the amount the User paid for the Offer (the amount the User's credit card was charged) and does not include the Promotional Value, which is the added Promotional Value only available for redemption during the Promotional Period.
Partnered Offers contain three components: the Face Value (as described above), the Promotional Value (as described above), and the Donation Amount. In purchasing a Partnered Offer, you agree that you are providing a non-refundable donation to the particular Fundraising Organization with respect to each Partnered Offer that you purchase, and you further agree that your paid portion (Face Value) is the total amount that you pay for the Voucher alone, and will not include any Donation Amount, or will it include a Cash Donation should you choose to make one at the time of your purchase.
The Promotional Portion is the additional unpaid portion of the Offer (if used by the promotional expiration date and subject to the terms, restrictions and conditions set for by the Merchant on the Voucher) in excess of both the Face Value paid by User. The Promotional Period is the period of time after the Merchant Offer has ended and during which any purchased Vouchers are available for redemption for the Full Promotional Amount, subject to any applicable laws and/or special instructions listed on the Voucher.
These two parts of the Voucher, the Promotional Value and the Face Value together make up the Full Promotional Value, available for you to use prior to the Promotional Value Expiration. In order to redeem the Full Promotional Value, Users must redeem the Voucher during the Voucher Promotional Period, prior to the Promotional Value Expiration, subject to any applicable Laws that state otherwise.
Vouchers are subject to the expiration dates provided on the face of the Voucher. After the end of the Promotional Period, the expiration date printed on the face of the Voucher, Users may nonetheless redeem the Vouchers for an amount up to their paid portion of the Voucher, less Dormant Voucher Fees, where permitted by Law.
Dormant Voucher Fees may be charged against the Face Value of your Voucher, and when present on your Voucher, they will be printed clearly on each Voucher that has Dormant Voucher Fees. Further, these Fees will be clearly listed in he Terms of each Offer that will include Dormant Voucher Fees. Merchants are solely responsible for making the determination of whether or not Dormant Voucher Fees shall apply at the time of redemption.
By purchasing an Offer, User acquires the right to print, or access the Voucher associated with the aforementioned Offer which was issued by VivaHub. It is User's sole choice if and when to redeem a Voucher with a Merchant. VivaHub is not responsible for any lost, stolen, damaged, or undeliverable Vouchers.
Vouchers are not redeemable for cash unless required by Law. You may never receive cash back for the Promotional Portion of the voucher, and you may not get cash back for partial redemption of paid portion of the Voucher, unless required by Law. Vouchers do not include taxes, gratuity, shipping and handling, or prior balances on accounts unless specifically included in special instructions. Users are expressly prohibited from modifying, reproducing, reselling, or trading Vouchers. Vouchers may not be combined with any other promotions or coupons, unless otherwise stated on the face of the Voucher. Vouchers do not include sales or use tax which may be charged by Merchant to User at the time the Voucher is redeemed.
You may donate to a Fundraising group by purchasing a Partnered Offer, or by making a Cash Donation. In either case, your donation will be made directly to the Fundraising Group, by VivaHub crediting the Fundraiser Account at the time of your purchase of a Partnered Offer, or at the time your donation. You may add a Cash Donation to the purchase of a Partnered Offer. The Fundraising Group will be credited your Donation Amount or your Cash Donation less any applicable VivaHub Fees.
You will be issued a Certificate of Donation for the full amount that you contribute by way of your Donation Amount of any Partnered Deals your purchase, your Cash Donation, or both, which you agree will serve as your receipt and acknowledgment for your Donation.
You realize that VivaHub instantly credits any of your Donations directly to the Fundraising Organization, and for this reason, outside of your 5-day window to cancel your purchase or donation, you will not be entitled to a refund of any kind with respect to your donation, be it a Cash Donation, or a Donation Amount related to a Partnered Deal. While VivaHub makes effort to ensure the legitimacy of those Fundraiser and Merchants that participate on the VivaHub platform, User is solely responsible for ensuring the Fundraising Organization and any information provided by the Fundraiser is as-represented by them, and indemnifies and holds VivaHub harmless with regard to any confusion, mistake, or even deception caused by representations made by the Fundraiser.
Your Donations may or may not be tax deductible depending on the nature of the organization, the nature of your transaction, and your particular circumstances as a taxpayer. VivaHub makes no representation of any kind as to whether or not any one particular Donation made by you to any Fundraiser is indeed a tax-deductible donation, and you are solely responsible for any tax representations that you make to the IRS as they relate to any transaction you have with VivaHub. You agree to indemnify and hold harmless VivaHub with respect to: a) any information that may be provided by the Fundraiser and presented by the Fundraiser on VivaHub.com; and b) any representations that you make to the IRS or to any third party or other person with respect to the tax effects of your donations on VivaHub.
You have up to 5 days to cancel your order, or donation, after placing it, if you simply change your mind, for any reason, so long as you don't use the Voucher, and don't send your Voucher as gift. Beyond this time we will issue a refund only if you can not redeem the voucher, because the Merchant has gone out of business. At the time you request a refund, you can choose to request a refund of only the face value of the voucher, or in the case of a Partnered Deal, the Face Value and at your option the Donation Amount. You may not at any point beyond this 5-day window request a refund, at any time, for any reason, the Donation Amount, or any Cash Donation (direct donation made). VivaHub shall instantly credit the Fundraiser less any applicable fees these Donation amounts. You shall not be entitled to any refund from VivaHub outside of your 5-day window to cancel your order or donation with respect to any Cash Donation or Donation Amount related to a Partnered Offer.
In the case you are unable to redeem your Voucher because the Merchant has gone out of business, VivaHub will issue refunds for your Face Value less any applicable Dormant Voucher Fees (where permissible by law). Whenever possible, refunds shall be issued back to the User via the form of payment used to purchase the Voucher, i.e. original payment type for the amount above.
If you have used your Voucher, and if the Merchant has redeemed your Voucher using your unique Voucher Redemption Code, you may not request a Refund for any reason whatsoever from VivaHub.
Users that wish to cancel their order, or Users with refund requests should Contact Us, using the link accessible at the bottom of this page.
It is User's sole responsibility to maintain telephone, computer hardware, or any other tools needed to access VivaHub.com. User acknowledges VivaHub is not liable for any damages based on a User's use and/or inability to use VivaHub.com.
It is VivaHub's goal to be accessible to Users perpetually twenty-four (24) hours each day, seven (7) days a week. Notwithstanding the foregoing, VivaHub makes no representations or warranties VivaHub.com will be available twenty-four (24) hours a day seven (7) days a week and expressly states VivaHub.com may be temporarily down, including but not limited to the following reasons, website maintenance, repair, and/or other routine maintenance, both within and outside of VivaHub.com's control and during that time access to the site may be interrupted, delayed, suspended and/or terminated.
VivaHub.com, including, any services, promotion, distribution, redemption and/or other information made available through the Vouchers and/or related to VivaHub.com are provided "as is" without a warranty of any kind and on an "as available" basis. You use VivaHub.com at your own and sole risk.
To the fullest extent possible under the Law, VivaHub expressly waives any and all representations and warranties, whether express, or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, implied warranties out of course of dealing, performance, usage and trade, obligations, liabilities, rights, claims, remedies in tort, whether or not arising from negligence, except as otherwise prohibited under the Law. VivaHub expressly disclaims and waives any liability for any claims related to the use of VivaHub.com, including but not limited to, waiver of any liability that the functions on VivaHub.com will meet your requirements, or be available, timely, secure, without omissions, or other defects, uninterrupted, and/or error-free. VivaHub expressly disclaims any liability for service interruptions, system failures that may affect acceptance, completion, and settlement of any transactions, delay, interruption in use and any claims or losses thereof, and/or any claims for lost profits thereof. VivaHub disclaims any and all responsibility and/or liability to you for third party claims, including but not limited to, claims for false advertising, injuries, illnesses, death. USERS are solely responsible for knowing and complying with any applicable Laws, whenever they access VivaHub.com for any reason. VivaHub hereby waives any responsibility to inform USERS of any applicable Laws.
VivaHub's disclaimer of liability applies to damages, including but not limited to, damages for injury caused by reliance on VivaHub.com, failure of performance, inability to use VivaHub.com, errors, omissions, interruptions, deletions, defects, delay in operation or transmission, viruses, scripts, Trojan horses, line failures, lost data, loss of goodwill, work stoppage, computer failure, malfunction, or any other commercial damages, or losses, even if VivaHub knew, or should have known, of the possibility of damages. Neither party shall be liable or obligated to the other party or any third party for any punitive, indirect, incidental, special, exemplary or consequential damages of any kind (whether in Contract, Tort, Negligence, Strict Product Liability or other legal or equitable theory) even if it had been advised or should have known of the possibility of such damages in advance. This limitation shall not apply, as to both VivaHub and USER, to the terms stated in the sections of this USER Agreement regarding each party's Indemnification Obligations to the other party. Furthermore, this limitation shall not apply, as to you and any third parties you delegate, for your failure to comply with all Laws and Authorizations, your failure to maintain your Confidentiality obligations, your failure to protect VivaHub's Intellectual Property Rights and the Intellectual Property Rights of others.
In no event will VivaHub's liability for claims arising out of or relating to anything under this Agreement and VivaHub's obligations to USER via this Agreement exceed an amount equal to the amount paid by USER to VivaHub for SUCH VOUCHER, PRODUCT, OR service. VIVAHUB'S TOTAL LIABILITY SHALL NEVER BE GREATER THAN THE AMOUNTS PAID BY YOU DURING THE SIX MONTHS PRECEDING THE BRINGING OF ANY CLAIM, OR $500. VivaHub shall have no liability for any failure or delay due to matters beyond their reasonable control. Neither party shall be liable in damages to the other for any delay or default in performing hereunder, for the duration of such event, if such delay or default is caused by Acts of God, terrorism, wars, fire, riots, insurrections and/or and other similar events beyond the reasonable control of the party whose performance is affected.
VivaHub makes no representation, nor warranty, nor guarantee, of any kind, express or implied (i) that the OFFERS or Vouchers will be error-free; (iI) that any errors, omissions or misplacements in the OFFERS, Vouchers, or elsewhere on the website will be corrected at any point in time; (III) that our Website, its servers, or e-mails sent from or on behalf of VivaHub.com are free of viruses, scripts, trojan horses, worms or other harmful components; or (Iv) that VivaHub bears any responsibility to inform USERS of applicable state or local Laws governing these types of transactions.
VivaHub's rights under this Agreement shall survive any termination of this Agreement. Any claim arising out of, or related to any Offer must be made within one (1) year from the first publication of the Offer, or the claim is deemed forever waived. If USER fails to bring any cause of action arising out of or related to vivahub within one year after the cause of action accrues, said action is forever waived. The foregoing shall not apply to the extent prohibited by applicable law.
VivaHub shall not be responsible for the content, CONDUCT, OR SPEECH, WHETHER ONLINE OR OFFLINE, posted by Users, UNAUTHORIZED USERS, AND/OR Merchants. THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER. However, VivaHub shall have full authority to remove any content posted that VivaHub deems unsafe and/or unsuitable for VivaHub.com, at VivaHub's sole discretion. VivaHub shall have the authority, and user waives any right to contest, VivaHub's right to edit and/or delete any objectionable content as determined by VivaHub. VivaHub shall not be liable for any defamatory, offensive, and/or illegal conduct of other Users, or Merchants on VivaHub.com.
USER, at his or her sole expense, will indemnify, defend, and hold VivaHub (including our affiliates, partners, officers, directors, employees, and agents) harmless from any claim, loss, damage, settlement, cost, expense or any other liability (including, without limitation, attorneys' fees) arising from, or in any way related to the following: (a) your performance, breach, or termination of this User Agreement; (b) your use and access of this website and/or purchase of anything available through VivaHub.com; (c) your negligence, fraud, or willful misconduct, including the entry of incomplete or inaccurate information in your User Account; and (d) any actual or alleged infringement of any third party Intellectual Property Rights, and any claim that Content submitted by you caused personal injury, death or property damage to any third party. Users are solely responsible for any conduct and/or interactions with Merchant and Users and hereby release VivaHub from any and all liability for Merchant's action or inaction, and/or failure to comply with applicable law. To the extent permitted by law, User's sole recourse as it relates to Vouchers, the goods or services provided therein, and Merchants action, or inaction is solely against the Merchant. MERCHANTS ARE SOLELY RESPONSIBLE FOR REDEEMING VOUCHERS, INJURIES, ILLNESS, DAMAGES, CLAIMS, LIABILITIES AND COSTS SUFFERED BY USER, CAUSED IN WHOLE OR PART BY MERCHANT, COMPLYING WITH ALL APPLICABLE LAWS, INCLUDING, BUT NOT LIMITED TO, UNCLAIMED PROPERTY LAWS. User must hire and use Counsel reasonably satisfactory to VivaHub to defend each indemnified claim, at User's expense. If at any time, however, we reasonably determine that any indemnified claim might adversely affect us, VivaHub reserves the right to take control of the defense at VivaHub's own expense. User may not consent to the entry of any judgment or enter into any settlement of a claim without the prior written consent of VivaHub, which VivaHub may not unreasonably withhold.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. VivaHub asks others to respect its intellectual property rights and respects the intellectual property rights of others and reserves the right to terminate any Users VivaHub believes violated third party copyrights.
If you believe in good faith that material located on or linked to by VivaHub.com violates your copyright, you may send a notice requesting the material be removed and access to it blocked. The Notice shall include: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on this Website are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow VivaHub to locate the material on VivaHub.com; (d) the name, address, telephone number and e-mail address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
VivaHub will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. VivaHub will terminate a visitor's access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of VivaHub or others. In the case of such termination, VivaHub will have no obligation to provide a refund of any amounts previously paid to VivaHub.
User acknowledges that VivaHub is the exclusive owner of VivaHub intellectual property, including all right, title, and interest in the VivaHub.com site include but not limited to VivaHub software, scripts, logos, graphics, photos, music, sound, video, trade name, trademarks, service marks, and illustrations. User agrees all software, content, data, technology and tools, including but not limited to that used to create Offers and Partnered Offers, and to market, promote, and to sell Offers of all kind, and to redeem Vouchers are the property of VivaHub and protected by United States and international copyright and trademark laws. User shall not, including but not limited to, copy, reproduce, distribute, sell, transmit, post, link, modify, exploit, or prepare any derivative work of VivaHub's Intellectual Property. Trademarks located within or on VivaHub.com shall not be deemed to be in the public domain and are the exclusive property of VivaHub.com. Any violation of VivaHub's intellectual property rights may subject the User to civil and/or criminal penalties. User remains solely liable for any damages incurred by User's violation of any copyright or trademark laws.
User expressly agrees User will not copy, reproduce, distribute, sell, transmit, post, link, modify, exploit, or prepare any derivative work without the express written permission of the owner of the copyright or trademarked material. User agrees by submitting Content on VivaHub that User is the owner and/or has the authority to publish the Content on VivaHub.com. User expressly acknowledges no ownership rights to Content are acquired by downloading copyrighted material. VivaHub reserves all rights not expressly granted to Users in this Agreement.
User warrants and represents it does grant VivaHub through this Agreement and any other User, a royalty-free, perpetual, irrevocable, fully paid, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, sell, offer for sale, perform, and display the Content contributed by User, alone, or as part of other works in any form, media, technology on VivaHub.com.
You agree that any communications between you and VivaHub, such as email, telephone conversations, or other correspondence, in which you offer recommendations or comments for improving or modifying our website, offerings, and services, will be considered non-confidential and non-proprietary, public, not private, and you further agree that such information may be used freely by VivaHub, read by anyone, without any limitation whatsoever. Further, you agree any Content, excluding credit card information, submitted and/or published on VivaHub.com is submitted for the purpose of disclosure and may be used freely by VivaHub, without limitation whatsoever. With respect to any credit card information provided by User, whether to complete purchase of a Voucher, or as a part of the User Account, VivaHub agrees to protect such information according to industry standard practices for protecting this type of information. Notwithstanding the foregoing, User agrees any information necessary to facilitate, execute, or otherwise complete an Offer may be shared with Merchant as is necessary to complete the foregoing.
As a part of VivaHub.com's promotion and marketing of Merchant Offers, VivaHub.com may link to third party websites which are maintained by third parties. VivaHub expressly disclaims any knowledge, responsibility, condonation, and/or approval of any third party websites, links to third party websites, or the content thereon of any third party websites. Users access the links to third party websites at their own risk. VivaHub has no editorial control over any of the content of any third party websites. VivaHub is not responsible for any third party websites and shall not be liable for User's reliance on any third party websites, including, but not limited to, the content, accuracy, and/or privacy policies on third party websites.
User and VivaHub acknowledge and agree they are independent contractors, and nothing in this User Agreement shall be deemed or construed by the User, VivaHub, nor by any third party, to create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between us. VivaHub is NOT a vendor or co-vendor of Merchant's goods and services. VivaHub is solely the issuer of the Vouchers for Merchant's goods and services. Merchant is the sole provider of goods and services associated with each Offer, and the sole responsible party for redeeming each Voucher sold. Because VivaHub is not the agent of either Merchant, or any customer that purchases any Voucher, for any purpose, VivaHub will not act as either party's agent in connection with resolving any disputes between participants related to, or arising out of any transaction, or the fulfillment of the obligations of that transaction.
VivaHub reserves the right, but not the obligation, at all times to monitor any and all communications, postings, e-mail, and/or other Content published on VivaHub.com to determine compliance with this Agreement, to satisfy applicable Laws, or for any other reason VivaHub deems necessary. VivaHub's right to edit and/or delete any objectionable content as determined by VivaHub.
Communications between User and VivaHub use electronic means, whether User visits VivaHub.com or send us emails, or whether VivaHub posts notices on the VivaHub.com website, or communicates with User via email.
User consents to receiving electronically all notices, agreements, terms and conditions, and other communications provided to you from VivaHub. User consents that electronic communications from VivaHub shall satisfy any legal requirement that such notices, agreements, terms and conditions and other communications would satisfy if it were in writing. The foregoing does not affect your non-waivable statutory rights.
We will send all notices and other communications regarding this Agreement to you at the e-mail address you specify at the time you sign up. You may change this e-mail address inside your User Account on VivaHub.com. You must update this e-mail address that you provide to VivaHub, to ensure that it remains up to date at all times.
Any notice that is sent to you, that is required or permitted by this User Agreement, shall be provided to you in writing, and shall be deemed delivered either when (a) delivered by e-mail to the latest e-mail address then contained inside your VivaHub User Account, or (b) regardless of whether or not actually received, when deposited with UPS, FedEx, or the US Mail (certified with return receipt), addressed to the you at the address specified by you, in your User Account. You agree that your failure to keep both your e-mail address and physical address up to date at all times is a material breach of your obligations under this User Agreement.
User must send all notices and other communications, legal or otherwise, relating to VivaHub and this User Agreement by using the VivaHub Contact Us form linked to at the bottom of this page.
Dispute Resolution. You and We agree to be bound to resolve any dispute under this Agreement through final and binding arbitration under the Federal Arbitration Act and waive the right to proceed with any lawsuit in Federal or State court. There is no judge or jury in arbitration and the rules are different than in a court of law. The review of any award is limited. Arbitrators can award the same damages and relief as a court of law. Any arbitrator of any dispute under this Agreement must follow this Agreement as a court would be bound to do.
Binding Arbitration. Any controversy(ies) or claim(s) arising out of, or relating to, this Agreement, contract therein, performance, breach thereof, and/or termination, including disputes regarding the Terms of VivaHub.com, Merchant Agreement, Fundraiser Agreement, use of VivaHub.com and/or the purchase of Vouchers through VivaHub.com shall be settled by final and binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules by a single arbitrator.
Location of Arbitration. You and We agree any arbitration under this Agreement shall be held in Durham, North Carolina.
Applicable Law. You and We agree the applicable law for any arbitration held under this Agreement shall be North Carolina law and the arbitrator shall apply North Carolina law consistent with the Federal Arbitration Act, and applicable statutes and limitations and shall honor claims of privilege recognized at law.
Enforcement of Arbitration Award. The parties shall be entitled to enforce any arbitration award under this Agreement in State Courts in the State of North Carolina, hereby consent to jurisdiction of State Courts in the State of North Carolina, and hereby irrevocably waive the right to contest jurisdiction of State Courts in the State of North Carolina, as well as, venue.
Waiver of Class and Representative Actions. You and We agree all arbitrations shall be individual arbitrations and there shall be no consolidation of claims, persons, parties, or actions similarly situated. The parties agree no class actions or representative actions shall be permitted under this Agreement. You and We agree the right to any such class and/or representative actions under this Agreement are forever waived.
Costs of Arbitration. Upon request to VivaHub.com and upon valid and sufficient proof of an inability due to cost to arbitrate a dispute under this Agreement, rather than litigate a dispute under this Agreement, VivaHub.com agrees to pay portions of arbitration filing, administrative and hearing fees until the arbitration cost is no longer prohibitive as opposed to litigation as determined by the arbitrator.
The parties agree each shall pay his or her own attorney fees for any dispute under this Agreement; however, they agree attorney fees, if permissible under any claim under this Agreement, may be awarded in arbitration by the arbitrator.
Severability. If any part of this Agreement, except the section titled "Waiver of Class and Representative actions", is determined invalid or unenforceable through arbitration, or a court of law, that provision shall be severed and the remaining parts shall remain valid, enforceable, and binding upon the parties. In the event the provision titled, "Waiver of Class and Representative Actions" is determined invalid and unenforceable, the entirety of this section regarding "Dispute Resolution" requiring final and binding arbitration shall no longer be in effect or valid, and any claims there under shall be litigated in the State Courts of the State of North Carolina, and under North Carolina Law. The parties hereby waive the right to a jury trial in the event the claims proceed in court.
The section headings used herein are for convenience only and shall be of no legal force or effect. References to a section include references to all subsections of that section.
Should any statement made in this Agreement be held invalid, unlawful, or for any reason unenforceable by a court of competent jurisdiction, the remaining portions of the Agreement shall be deemed severable from these terms, and remain in full force and effect. To the extent permissible by law, the parties shall negotiate an equitable adjustment in the provisions in order to affect, to the maximum extent permitted by Law, the purpose and effect of this Agreement, and the term held to be invalid or unenforceable. Otherwise the portion will be construed consistent with applicable law, by the court of competent jurisdiction, to the greatest extent possible to affect the intentions of the parties contained in this Agreement.
No waiver by either party of any breach or default of any term of this User Agreement is a waiver of any preceding or subsequent breach or default. Furthermore, the failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder. VivaHub's failure to enforce User's strict performance of any provision of this Agreement will not constitute a waiver of VivaHub's right to enforce such provision or any other provision of this User's Agreement at any time subsequently. VivaHub's rights under this Agreement will survive any termination of this Agreement.
VivaHub.com reserves the right to make any change or modification to this User Agreement, without prior notification to you, at any time and at our sole discretion. We recommend you review this User Agreement regularly, as well as make note of the date, so that you stay informed of changes that we may make. Any modification or deletion to any terms contained in this User Agreement shall be effective immediately upon VivaHub's posting of those modifications or deletions. No part of this User Agreement may be otherwise amended or modified (other than set forth in this paragraph), except by mutual written agreement signed by both the User and VivaHub bearing the physical signature of an officer of VivaHub. No Waiver of VivaHub's rights hereunder shall be valid or effective except by mutual written agreement signed by both the User and VivaHub bearing the physical signature of an officer of VivaHub. No purported waiver or modification of this Agreement by VivaHub can be made nor can it be valid, via telephonic or email communications. YOUR CONTINUED ACCESS OF THE WEBSITE, OR USER ACCOUNT AFTER VIVAHUB'S POSTING OF ANY MODIFICATIONS OR DELETIONS TO THIS USER AGREEMENT, WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH MODIFICATIONS OR DELETIONS. IF YOU DO NOT AGREE TO ANY CHANGES TO THIS USER AGREEMENT, YOU MUST TERMINATE THIS USER AGREEMENT AS PROVIDED BELOW.
You may not assign or transfer any of your rights under this Agreement, or delegate any of your obligations pursuant to this Agreement, by operation of law or otherwise, without VivaHub's prior written consent, and any attempt by you to do so will be invalid. Subject to that restriction, this Agreement will be binding on, inure to, and be enforceable against VivaHub and the User, and each of their respective successors and assigns. VivaHub may perform any of our obligations or exercise any of our rights under this Agreement through one or more vendor, affiliate, contractor, or similar.
Nothing expressed, mentioned in, or implied from this User Agreement is intended or shall be construed to give to any third-party other than the parties expressly contemplated in this Agreement any legal or equitable right, benefit, remedy, or claim under or in respect to this Agreement. This Agreement and all of the representations, warranties, covenants, conditions, and provisions hereof are intended to be and are for the sole and exclusive benefit of VivaHub, the User, the Merchant, and/or Fundraisers. These Terms shall be binding upon and inure to the benefit of, the Parties and their respective permitted successors and assigns.
The terms of this User Agreement constitute the entire agreement of the parties with respect to the subject matter that it contains, and supersedes all prior or contemporaneous oral or written agreements and understandings.
Viva Hub, Inc. is headquartered in Durham, North Carolina. This User Agreement shall be exclusively governed by the Laws of the State of North Carolina. User and VivaHub agree that any and all disputes arising out of or related to this User Agreement (including the performance, breach, or termination of this Agreement), User's use of the Website, and/or Your purchase or use of anything available through VivaHub.com shall be governed by and in accordance with the laws of the State of North Carolina (exclusive of its rules regarding conflict of laws).