SECTION 1 - WHAT DO WE DO WITH YOUR INFORMATION?

Viva La Vibe does not share your email address with any other party. When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address.

When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.

Email marketing (if applicable): With your permission, we may send you emails about our store, new products and other updates. 

Opting out of promotional emails

If you do not wish to receive promotional e-mails from us, the easiest way is to click the unsubscribe link at the bottom of a promotional email you received. You also may email us with “Unsubscribe” in the subject line. Please keep in mind that you still may receive transactional e-mails from us (such as e-mails related to your account, orders you place, correction of your data, password reset requests, reminder e-mails, and other similar communications) that may be necessary for us to make the website available to you, process your order, or to respond to your inquiries and support requests.

SECTION 2 - CONSENT

How do you get my consent?

When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.

If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no. 

SECTION 3 - SHOPIFY

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall. 

Payment:

If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.

All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.
PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.

For more insight, you may also want to read Shopify’s Terms of Service (https://www.shopify.com/legal/terms) or Privacy Statement (https://www.shopify.com/legal/privacy). 

SECTION 4 - THIRD-PARTY SERVICES

In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us. However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.

For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.

In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.

As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.

Once you leave our store’s website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service. 

Links

When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.

SECTION 5 - SECURITY

To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.

If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.

 

Terms & Conditions

PLEASE READ CAREFULLY. THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW DISPUTES BETWEEN US ARE RESOLVED, WHICH INCLUDE AN ARBITRATION AGREEMENT AND A CLASS ACTION WAIVER.

VIVA LA VIBE's Terms of Use ("Terms of Use") is a legal agreement between you and VIVA LA VIBE and/or Münki Food Company, LLC. ("we," "us," or "our") that governs your use of the vivalavibe.com website and other VIVA LA VIBE services (collectively, the "Site"). By using the Site, you signify that you have read, understand and agree to be bound by these Terms of Use. We have the right to change the Terms of Use at any time. We agree to post a notice of the changes to our Site, and the changes will be effective after posting such notice to our Site. Your continued use of the Site shall be considered your acceptance to the revised Terms of Use.

You agree to our use of your personal information and content in accordance with our Privacy Policy (as amended from time to time), which is incorporated into these Terms of Use by reference.

PRODUCT AVAILABILITY AND DESCRIPTIONS
All orders placed through the Site are subject to our acceptance. We cannot guarantee that all items listed as "in stock" will ship right away, as inventory changes significantly from day-to-day. In rare cases, an item may be in stock when you place an order but is sold out by the time we attempt to process the order. We will notify you if this happens and cancel the item from your order, or we will notify you if a shipment may be made at a later date.

While we try to provide accurate pricing information, we cannot insure against pricing errors or changes. Therefore, we reserve the right, in our sole discretion, to cancel or not process any order placed on the Site if the price was incorrectly provided as a result of an error. In such instances, we will notify you by email and correct the price on the Site.

We attempt to provide accurate descriptions of the products and services available on our Site. However, we do not warrant that the descriptions are accurate, complete, reliable, current or error-free.

SALES TAX
Sales tax will be added to orders when applicable. It will be displayed during checkout along with any other pricing information that may pertain to your order.

SHIPPING AND RETURNS
For information on shipping, tax and return policies, review our Return Policy, which may change from time to time without notice.

REGISTRATION
While you may purchase products from our Site without creating an account, certain features require you to create an account, such as our subscription and affiliate programs. You agree to provide current and accurate information when registering for an account. You are responsible for any actions that take place while using your account. Keep your username and password secure and do not allow anyone else to use your username or password to access the Site. We are not responsible for any loss that results from the unauthorized use of your username or password, with or without your knowledge.

SUBSCRIBE & SAVE TERMS
You may opt to have your VIVA LA VIBE products automatically shipped to you on a recurring basis. To opt-in to a recurring shipment, select the “Recurring Order Subscription” option on the product page. You can set the delivery frequency. Please note that you must be a registered user to participate in the VIVA LA VIBE Subscription program.

To cancel a subscription (after 3 subscription fulfillments), login to your account, go to the Manage My Subscriptions page, and select “View Details” for the subscriptions you’d like to cancel and remove those products. You must cancel a subscription at least two days before the next scheduled shipment. To change the frequency of a subscription, login to your account, go to the Manage My Subscriptions page, and select “View Details.”

You may also cancel or change your subscription settings by emailing us.

CONSENT TO EMAIL 

By providing us with your email address you agree that VIVA LA VIBE and its third-party service providers may use your email address to contact you about your account, User Content (defined below) and to send you marketing emails, all in accordance with our Privacy Policy, as may be updated from time to time. You have the ability to opt-out of receiving marketing emails at any time by following the “Unsubscribe” link at the bottom of the email; however, we will continue to email you information as it relates to our policies, your orders or any other transactional information. 

CONSENT TO SMS

By opting into VIVA LA VIBE (and Münki Food Company, LLC) SMS program, you agree that we may use your phone number to contact you about your account, Use Content (defined below), and to send you SMS/text messages all in accordance with our Privacy Policy, as may be updated from time to time. You have the ability to opt-out of receiving SMS messages at any time by responding STOP to any message. 

If you opt into Marketing messages, you will receive marketing and promotional messages including cart reminders. If you opt into Updates messages, you will receive order updates, account alerts, and other account related information. Both services will be sent from VIVA LA VIBE via text messages through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. 

Important: Carriers are not liable for delayed or undelivered messages. Message and data rates may apply. Message frequency varies. SMS consent is not a condition of purchase. Texts may be sent using an automatic telephone dialing system. We may modify or cancel the service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes. 

We do not charge for the SMS service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. 

You may opt out of the SMS service at any time. Text the single word command STOP to any message received from VIVA LA VIBE to cancel. 

For Service support or assistance, email us.

NO MEDICAL ADVICE
We share information about our experiences with certain ingredients, natural products, healthcare routines, diets and exercise plans. Please be advised the Site is not intended to provide medical advice, diagnosis or treatment. The products, information, services and other content provided on and through the Services are provided for informational purposes only. We strive to inform you about our purity standards and ingredients that go into our products, but only you can decide how our products affect you (every person may react differently). You should not use the information on this site for diagnosis or treatment of any health problem or for prescription of any medication or other treatment.

If you suspect you have a medical problem, or if you have any health-related questions, please consult with your physician or other health care provider. You should also consult your healthcare provider about any interactions between any medication you are currently taking and nutritional supplements.

The products and the claims made about specific products on or through this Website have not been evaluated by the U.S. Food and Drug Administration and are not intended to diagnose, treat, cure or prevent disease. Each person is different, and the way you react to a particular product may be significantly different from the way other people react to such product.

If you are pregnant, lactating, have a medical condition, or are on any medication, please consult with your licensed healthcare provider if you have any questions about using this product.

MOBILE USE

The Site may be available with mobile use. Not all browsers and devices are supported. Your use of the Site may be subject to the terms and conditions of your agreements with your mobile device manufacturer and your browser of choice.

INTELLECTUAL PROPERTY
All content included on the Site, such as photos, text, graphics, designs, logos, catalogs, icons, presentations, videos, data, instructions, photographs and software (the "Materials") is the property of VIVA LA VIBE, Münki Food Company, LLC or its licensors. The Materials are protected by copyright, trademark and other intellectual property laws. You may not use any materials without express written permission.

VIVALAVIBE™, as well as other trademarks, service marks and logos that we use, are trademarks of VIVA LA VIBE and/or Münki Food Company, LLC. Your use of any of the trademarks found on this Site without express permission is strictly prohibited.

LIMITED LICENSE
So long as you comply with these Terms of Use, we grants you a limited, worldwide, nonexclusive, nontransferable, revocable, personal license to access and use the Site for your personal use solely to make purchases and interact with the Site in accordance with these Terms of Use. We may modify or discontinue offering any or all of our services at any time, for any or no reason, without notice to you and without any liability.

SITE RESTRICTIONS
You agree to use the Site in a manner consistent with all laws and regulations and in accordance with these Terms of Use. Except as expressly and unambiguously permitted in these Terms of Use, you may not, nor may you permit anyone else to, directly or indirectly:
• use any manual process or robot, spider, scraper, or other automated means to collect information from the Site or from users of the Site;
• copy, modify, republish or repost, distribute, or otherwise exploit the Materials or information from the Site;
• mirror any Materials contained on this Site or use framing techniques to enclose the Site or any part of the Site, or circumvent any of the technical limitations of the Site;
• perform or attempt to perform any actions that would interfere with access to or operation of the Site;
• change or delete any ownership notices from any Materials or the Site;
• use the Site in a way that violates law, would create liability or promote illegal activities;
• transmit files or messages containing computer viruses or worms, Trojan horses, or “spyware” programs;
• impersonate any person or entity, misrepresent yourself or your entity, or attempt to use another user's account; or
• use the Site or post anything to the Site for commercial activities such as contests or advertising.

COPYRIGHT
VIVA LA VIBE respects intellectual property rights. If you believe your copyrighted work has been copied or posted on or through the Website in a way that constitutes copyright infringement, then please contact us at hello@vivalavibe.com and provide the following information:
• A description of the copyrighted work that you believe has been infringed;
• A description of what the allegedly infringing work is;
• A description of the location where the allegedly infringing work is located on the Website;
• An address and telephone number where you can be contacted, including an email address if possible;
• A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
• A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright; and
• A statement, made under penalty of perjury, that the above information in the notice is accurate and that the signatory is the copyright owner or is authorized to act on behalf of the copyright owner.

Consult your legal advisor before filing an infringement notice, because there can be penalties for false claims.

USER CONTENT AND REVIEWS
Your comments, suggestions and information are important to us. Certain features of the Site allow you to post or submit comments, reviews, endorsements, testimonials, pictures, videos and other content ("User Content"). User Content does not include your account registration data; providing User Content is voluntary.

As between VIVA LA VIBE and you, you retain ownership over your User Content. By providing User Content, you grant (and promise that you have the right to grant) to VIVA LA VIBE a perpetual, irrevocable, worldwide, royalty-free, transferable, non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, commercialize and sublicense your User Content, in any media for any legal purpose, without any additional consideration due to you.

To the extent that your User Content includes names, biographical information, or other identifying features ("Likeness") of you or your family members (including children), you hereby consent to VIVA LA VIBE publishing and using your Likeness: (i) in the context of your User Content and (ii) for any other lawful purpose, including marketing VIVA LA VIBE's products and services.

By submitting User Content to VIVA LA VIBE, you promise that:
• you are the sole author and owner of the intellectual property rights to the User Content;
• you are waiving all "moral rights" that you may have in User Content;
• all User Content is accurate; and
• you are at least 18 years old.

You further promise that you will not submit any User Content:
• that violates the Site Restrictions described above;
• that is false, inaccurate or misleading;
• that contains confidential information;
• that infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
• that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
• for which you were compensated or granted any consideration by any third party;
• that includes any information that references other websites or personal information

All content that you submit may be used at VIVA LA VIBE's sole discretion. Submission includes, but is not limited to, directly on the VIVA LA VIBE or Münki Food Company website or tagging on social media platforms. VIVA LA VIBE reserves the right to change, condense or delete any User Content that VIVA LA VIBE believes violates these Terms of Use. VIVA LA VIBE does not guarantee that you will have any recourse through VIVA LA VIBE to edit or delete any User Content you have submitted. However, in most cases, you may contact us to request that we remove your review. Reviews are generally posted within two to four business days.

However, VIVA LA VIBE reserves the right to remove or to refuse to post any User Content for any reason. You acknowledge that you, not VIVA LA VIBE, are responsible for your User Content. All User Content may be posted publicly, and therefore VIVA LA VIBE is not under any obligation of confidentiality, express or implied, with respect to your User Content.

WARRANTY DISCLAIMER.
THE SITE AND MATERIALS MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. VIVA LA VIBE MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, OR ACCURACY OF THE SITE OR MATERIALS FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MATERIALS AND WEBSITES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OR CONDITION OF ANY KIND.

VIVA LA VIBE HEREBY DISCLAIMS ALL WARRANTIES REGARDING THE MATERIALS AND SITE, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

VIVA LA VIBE EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE OPERATION OF THE SITE WILL MEET YOUR REQUIREMENTS, THAT THE SITE WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, THAT COMMUNICATIONS TO OR FROM THE SITE WILL BE SECURE AND NOT INTERCEPTED, THAT THE CAPABILITIES OFFERED ON THE SITE WILL BE UNINTERRUPTED, OR THAT ACCESS TO OR USE OF THE SITE WILL BE FREE FROM ERRORS OR DEFECTS OR THAT SUCH ERRORS OR DEFECTS WILL BE CORRECTED.

LIMITATION OF LIABILITY AND DAMAGES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL VIVA LA VIBE BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RELATED TO (i) THE USE, INABILITY TO USE, DELAY, SECURITY, OR PERFORMANCE OF THE SITE; (ii) THE MATERIALS; (iii) YOUR USER CONTENT OR OTHER DATA; OR (iv) ANY OTHER MATTER RELATING TO THE SITE, WHETHER BASED ON CONTACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY OF LIABILITY, EVEN IF VIVA LA VIBE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. If you are dissatisfied with any portion of the Site, your sole and exclusive remedy is to discontinue using the Site. This limitation does not apply to claims relating by products ordered through the Site.

OUR MAXIMUM CUMULATIVE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR YOUR USE OF THE SITE IS LIMITED TO THE LESSER OF (i) THE AMOUNT OF MONEY YOU HAVE SPENT ON PURCHASES THROUGH THE SITE DURING THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) $500.00. Applicable law may not allow certain limitations or exclusions of liability, so some of the above limitations may not apply to you.

You acknowledge and agree that the essential purpose of this section is to allocate the risks of operating the Site and limit VIVA LA VIBE's potential liability. We have relied on these limitations in determining whether to provide you with the rights to access and use the Site.

INDEMNITY
You agree to indemnify, defend and hold harmless VIVA LA VIBE, its affiliates, officers, directors, employees, agents, services providers and licensors from and against all losses, liabilities, costs (including without limitation attorneys' fees and costs on appeal or at trial), damages, judgments, and claims, arising from or relating in any way to your User Content or to your misuse of the Site, violation of laws, or breach of these Terms of Use.

ELECTRONIC COMMUNICATIONS
By using the Site, you agree to receive certain electronic communications from us, whether on our website, through the Site or by email. You may unsubscribe from marketing emails at any time by clicking the appropriate link in the communication. You agree that any notice, agreement, disclosure or other communication that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing. All calls, chats, emails and other communications between you and VIVA LA VIBE may be recorded and used in accordance with our Privacy Policy.

INTERNATIONAL USERS
We control and operate the Site from our offices in the United States. We do not represent that the Site (or any content or products) are applicable, appropriate or available for use in locations outside the United States. If you choose to access or use the Site from locations outside of the United States, you do so at your own initiative and risk and you are responsible for compliance with all applicable United States and local laws and regulations. Unless otherwise stated, the Site is solely directed to individuals, companies, or other entities located in the United States.

TERMINATION
We reserve the right in our sole discretion to: (i) terminate your account, (ii) delete your account and any of your content, (iii) restrict your use of all or any part of the Site, and (iv) modify or discontinue the Site (or any part of the Site), for any or no reason, without notice, and without liability to you or anyone else. We also reserve the right to block users from certain IP addresses or device numbers and prevent access to the Site. These Terms of Use shall remain in effect even after your account is terminated and termination does not relieve you of any obligations to pay any fees or costs accrued prior to termination and any other amounts owed by you to us. Upon termination, the license provided in these Terms of Use to you shall automatically end and we reserve the right to delete all of your information and data stored on our servers.

RESOLVING DISPUTES
If a dispute should arise between you and VIVA LA VIBE, we want to provide you with a resolution that is efficient and cost effective by using our customer service team. Almost all customer service disputes can be resolved to the customer's satisfaction by sending an email to hello@vivalavibe.com. If our customer service team cannot resolve your concerns, these Terms of Use describe how we will resolve the dispute.

AGREEMENT TO ARBITRATE DISPUTES
PLEASE READ THIS SECTION CAREFULLY--IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

Subject to the exceptions described below, all disputes arising out of or related to these Terms of Use or any aspect of your relationship with VIVA LA VIBE, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, will be resolved through final and binding arbitration before a single arbitrator instead of in a court by a judge or jury. Arbitration procedures are simpler and more limited than rules applicable in court.

Arbitration is mandatory for the claims covered under this arbitration agreement. You agree that VIVA LA VIBE and you are each waiving the right to trial by a jury. You agree that any arbitration will take place on an individual basis. You hereby waive the ability to participate in a class action. The parties agree that the arbitrator will have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this arbitration agreement.

You and VIVA LA VIBE each retain the right to: (i) bring an individual action in small claims court and (ii) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement or misappropriation of a party’s trade secrets or intellectual property rights.
You will also have the right to litigate any other dispute that would otherwise be subject to this arbitration agreement if you opt out of the arbitration agreement by sending an email to hello@vivalavibe.com within 30 days after the date you first agree to these Terms of Use. If you don’t provide VIVA LA VIBE with a timely opt-out notice, this arbitration agreement applies.

The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (currently available at www.adr.org/arb_med or by calling the AAA at (800) 778-7879). The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines that an in-person hearing is appropriate. Any in-person appearances will be held at a location that is reasonably convenient to both parties. If the parties are unable to agree on a location, the arbitrator will determine the location. If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, VIVA LA VIBE will contribute to your filing and hearing fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. The arbitrator’s decision will follow the terms of this Agreement (including the Limitation of Liability provision) and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction.

INTEREST BASED ADVERTISING AND IP TARGETING

We may work with data providers to serve advertising to you through display media or other methods. These providers may use personal information that we have collected or that you have provided to locate you online, such as when you visit or log in to websites or mobile applications. This information may be linked to online identifiers or IP addresses assigned to you and to demographic or interest-based data, in order to target you with relevant advertising, including information about our products or services. To learn more about or to opt out of this and other interest-based advertising, please visit the industry opt-out pages operated by the DAA at http://www.aboutads.info and by the NAI at http://networkadvertising.org.

MISCELLANEOUS
a. Survival.
The terms that by their nature may survive termination shall remain in effect and survive the termination of these Terms of Use, including without limitation, Content Submitted, Ownership, Indemnity, Warranty Disclaimer, Limitation of Liabilities and Damages and Miscellaneous.

b. Choice of Law/Forum Selection
In any circumstances where the Agreement to Arbitrate Disputes permits the parties to litigate in court, these Terms shall be governed by and construed in accordance with the laws of the State of North Carolina, excluding its conflict of law rules. Under those circumstances, tour further expressly consent and agree to submit to the exclusive jurisdiction and venue of a state or federal court located in Buncombe County, North Carolina.

c. Limitations on Claims.
Any cause of action or claim you may have with respect to VIVA LA VIBE or the Site (including without limitation the purchase of products and services) must be commenced within one (1) year after the claim or cause of action arises, or such claim or cause of action is barred. This provision does not apply to users residing in New Jersey.

d. No Waiver.
Our failure to exercise or enforce any right or provision of the Terms of Use will not constitute a waiver of that or any other right or provision. Neither the course of conduct between the parties nor trade practice shall modify any of the terms in these Terms of Use.

e. Severability.
The provisions of these Terms are intended to be interpreted in a manner which makes them valid, legal, and enforceable. In the event any provision of the provisions is found to be partially or wholly invalid, illegal or unenforceable, such as provisions shall be modified or restricted to the extent and in the manner necessary to render them valid, legal, and enforceable. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by us, or alternatively, by disposition of a court of law. If such provisions cannot under any circumstances be so modified or restricted, they shall be excised from the Terms without affecting the validity, legality or enforceability of any of the remaining provisions.

f. Entire Agreement.
These Terms of Use and Privacy Policy constitute the entire agreement between you and us and govern your use of the Site. These Terms of Use supersede any prior agreements, communications, representations, or understandings between you and us, including without limitation any prior versions of these Terms of Use.