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Terms of Services


User Terms & Conditions of Use

Vivacity, Inc. (“we” or “Vivacity” or “Company”), provides services through a digital web platform and/or mobile application(s), including but not limited to providing information and educational materials in a uniquely accessible, technological and affordable manner. We also assist customers with any difficulties that arise from said interaction with our platform (“Services” or “Vivacity Services”), and provides and/or enables related mobile applications, websites, and microsites (“Apps” or “Vivacity Apps”), to be used by you (“User”) to make payments for goods and/or services through any of Vivacity’s Platforms and participate in merchant incentive and/or rewards programs (“Programs”) at online and/or physical points-of-sale (“POS”), among other available functions. Vivacity provides access to these Services and/or Apps, subject to your acceptance of all the following Terms and Conditions (“User Terms” or “Agreement”).

By accessing and/or using a Vivacity Website and/or App, including this Website, and/or the Services, you agree to these User Terms. THESE USER TERMS CREATE A BINDING LEGAL AGREEMENT BETWEEN YOU AND Vivacity, Inc. AND INCLUDE AN ARBITRATION CLAUSE UNDER WHICH CERTAIN CLAIMS MAY NOT BE BROUGHT IN COURT OR DECIDED BY A JURY. PLEASE READ THEM CAREFULLY.

Vivacity Disclaimer

Vivacity’s products were developed solely for informational purposes. The information provided comes from the a city’s publicly available information. If there is any discrepancy between the information on a property deed and the GIS information, Vivacity assumes no responsibility of such discrepancy. Vivacity’s Inaccuracy Percent is for information purposes. Vivacity disclaims any liability for errors that may be contained herein and shall not be responsible for any damages consequential or actual, arising out of or in connection with the use of this information. Vivacity makes no warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose as to the quality, content, accuracy, or completeness of the information, text graphics, links and other items contained in our products.

Vivacity User Account

In order to make better use of the Vivacity Website we recommend that you first register with Vivacity and create a Vivacity User Account. Your registration and use of a Vivacity User Account is subject to these User Terms.

By registering for a Vivacity User Account, you agree that:

  1. All information provided to Vivacity is accurate, current and complete, and you will maintain and update said information as it changes from time to time. You authorize Vivacity, Inc. to use this information provided by you for analytical purposes and/or any other purpose deemed necessary and/or useful determined exclusively by the Vivacity Team;

  2. You will maintain the security of your User Account, take responsibility for all activities including but not limited to purchases that occur using your User Account, and accept all risks of unauthorized access resulting from your acts or omissions;

  3. You are of legal age to form a binding contract, or you are over the age of 13 and will use the User Account under the supervision of a parent or guardian who agrees to be bound by these User Terms. The Vivacity platform, Services, and Apps are not intended for, or targeted to, anyone under the age of 13;

  4. You do not and have never used or maintained any other Vivacity User Account under a different email address (the creation of additional User Account(s) shall be considered a violation of this Agreement); and,

  5. Your registration and your use of the Vivacity Website and/or any Vivacity App is not prohibited by law, and will not be used to engage in, commit, or facilitate any illegal activity.

License to Use the Vivacity Platform & Intellectual Property

Limited License - Vivacity grants you a limited, non-exclusive, non-transferable license to access, view, interact, and use this Vivacity Website and/or App(s), and/or any Vivacity website content, for the purpose of using the Vivacity Platform, including the purchase of educational materials and/or the request of any and all additional services to be continuously determined by the Vivacity Team. Except as expressly permitted by these User Terms, you may not modify, copy, reproduce, distribute, publish, reverse-engineer, create derivative works out of, decompile, deep link, publicly display, or otherwise exploit for any purpose the Vivacity Platform, the Vivacity Apps, Services or Vivacity Property, or any portion thereof. You may not remove or alter, or reuse in any manner or for any other purpose, any copyright, trademark or other proprietary notices that have been placed on the Vivacity Property. You may not collect and use the product listings, pictures, or descriptions within the Vivacity Property for any commercial purpose. All rights not expressly granted by written notification, by an officer of the corporation with proper authority as granted by law, to you by this Agreement remain the property of Vivacity and its licensors.

No Rights to Vivacity Property - The Vivacity Website and/or App(s) and website content downloaded or accessed by you pursuant to these User Terms, including without limitation all of the text, images, sound, music, marks, logos, user experience features, compilations (meaning the collection, arrangement and assembly of information) and other content, other than User Content, as defined below, and all software embodied in the Vivacity website or Apps, or otherwise used by Vivacity to deliver the Vivacity Services (collectively, the “Vivacity Property”), is the sole property of Vivacity and/or of third parties provided under license to, or used with permission by, Vivacity. Vivacity publishes and makes available in the platform educational materials that are recollected and/or compiled from other websites and sources. Vivacity does not own the intellectual property rights of these educational materials but uses them solely and exclusively, including but not limited to, with the purpose of educating and/or allowing an easier method and/or an alternative for the way information is accessed than already exists. The Vivacity Platform was created for all users who wish to take advantage of everything it has to offer. Vivacity reserves all rights in the Vivacity Property, including without limitation, copyright, trademark, patent, and trade secret rights, and no rights in such Property are granted except as expressly provided herein.

Trademarks - The brand “Vivacity”  exclusively owned by Vivacity and may not be used in connection with any services or products other than those provided by Vivacity, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Vivacity. Any use of Vivacity’s Trademarks will have to be expressly granted by written notification, by an officer of the corporation with proper authority as granted by law, to you by this Agreement and shall remain the property of Vivacity and its licensors.

No Illegal Uses -The Vivacity Property licensed hereunder shall not be used for any purpose not contemplated by these User Terms, or for any illegal purpose, or to commit or facilitate any act by any person in violation of any law or regulation, and/or any fraud against any person. Any use of the Vivacity Property will have to be expressly granted by written notification, by an officer of the corporation with the proper authority as granted by law, to you.

Third-Party Property - The Vivacity platform and Apps may, but not necessarily feature, the trademarks, service brands, images, and logos of third parties (“Third-Party Property”). Each third-party owner retains all rights in such Third-Party Property. Any use of such brands, or any others displayed in any Website and/or App, inures solely to the benefit of their respective owners. Vivacity’s use of such Third-Party Property does not imply any affiliation or relationship between Vivacity and the Third-Party nor any endorsement of Vivacity or the Services by such Third Party.

Privacy, Security, and User Data

Vivacity Privacy Policy - Vivacity strives to protect your privacy and security. Upon acceptance of these User Terms you confirm that you have read, understood and accepted Vivacity’s Privacy Policy (http://www.vivacity.city/privacy), which is incorporated herein in its entirety. Because the Privacy Policy is updated from time to time, we urge you to revisit the site periodically, at your convenience.

Third Party Websites and Vivacity Apps

The Vivacity Website and/or Vivacity Apps may contain links to third-party apps or websites. In some cases, Vivacity Apps (meaning applications, sites, or software that you may use or download and have the ability to access the Vivacity platform on your behalf, with your permission) are provided and maintained by third parties. You may also be offered services, products and promotions provided by third parties as part of your use of any Vivacity App.

However, other third-party sites and apps are not under the control of Vivacity and Vivacity is not responsible for the contents of any linked site or third-party app or third-party Vivacity App. You will be responsible for reviewing and understanding any additional terms and conditions associated with any third-party app, Vivacity App, sites, or services. Please remember that when you use a link to go from an Vivacity Website or App to another website, Vivacity’s Privacy Policy no longer applies, and you will then be subject to that website’s own rules and policies.

Access to the Vivacity platform, or link to a third-party site or App within a Vivacity App, does not imply endorsement of, sponsorship of, or affiliation with the linked site or third-party Vivacity App by Vivacity. You should carry out whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties or granting permissions for any Vivacity Website to access any of your User Data, or otherwise act on your behalf, within the Vivacity platform. Vivacity is not responsible for any claims, liabilities, losses, or damages suffered by you in connection with your use of a third-party Vivacity website, app, or service, in connection with the Vivacity platform.

Ideas Submitted to Vivacity & User Content

User Ideas - Vivacity is pleased to hear from you and welcomes your comments about the Vivacity platform. If you submit ideas or suggestions for the Vivacity platform (“Comments”), you agree that all Comments will be deemed, and will remain, non-confidential and the sole property of Vivacity, without compensation to you. None of the Comments will be subject to any fiduciary obligation or obligation of confidence on the part of Vivacity, and Vivacity will not be liable for any use or disclosure of any Comments. Without limiting the foregoing, Vivacity will be entitled to the unrestricted use and other exploitation of the Comments for any purpose whatsoever, commercial or otherwise, by any means, by any media, without compensation to the provider, author, creator or inventor of the Comments.

Copyright Infringement, Digital Millennium Copyright Act

Vivacity complies with the provisions of the Digital Millennium Copyright Act (“DMCA”). If you believe that any material contained in a Vivacity App or on a Vivacity Website infringes a copyright that you control, you may contact our Designated Agent and notify said infringement at the following address:

email: info@vivacity.city

Vivacity requests that any notice alleging that materials hosted by or distributed through the Services infringe intellectual property rights include the following information (17 U.S.C. § 512(c)(3)): (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right allegedly infringed; (b) a description of the copyrighted work or other intellectual property that you claim has been infringed; (c) a description of the material that you claim is infringing and where it is located on the Services; (d) your address, telephone number, and email address; (e) a statement by you that states you believe in good faith that the use of the materials on the Services of which you are complaining is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you which states that the information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner's behalf.

Counter Notices. If material that you have posted to the Services has been removed or disabled, you may file a counter notice pursuant to 17 U.S.C. § 512(g). To be effective, the counter notice must be a written communication sent to the designated agent address listed above that includes the following: (a) a physical or electronic signature of the subscriber; (b) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (c) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; (d) your name, address, and telephone number; and (e) a statement that you consent to the jurisdiction of United States District Court for the judicial district in which the address is located or, if your address is outside of the United States, for any judicial district in which Vivacity may be found, and that you will accept service of process from the person who provided notification under subsection 17 U.S.C. §512 (c)(1)(C) or an agent of such person.

Suspension, Modifications and Termination

Termination by User - You may terminate this Agreement at any time by ceasing to use the Vivacity Services and all Vivacity Apps.

Termination by Vivacity - Vivacity reserves the right to suspend or terminate your User Account and/or your access to the Vivacity Services at any time, without notice to you, if it believes, in its sole and absolute discretion, that you are in breach of this Agreement, or if it believes that you are using the Vivacity Services or any Vivacity App in a manner harmful to Vivacity, its merchants, users, or any other third party. Any such termination, suspension, or modification will terminate any Merchant or User Credit that you rightfully earned prior to termination.

Modification of Services and Terms - Vivacity reserves the right to modify the Services and Vivacity Apps, any features or aspects of the Services or Apps at any time, without notice to you. Vivacity may also from time to time amend, update, or change these User Terms. If Vivacity does so, it will notify you by posting the amended terms on our website. You are under a continuing obligation to review the current version of these User Terms and other published Vivacity policies when using the Vivacity Apps and/or Services. You agree that your continued use of your Vivacity User Account, the Vivacity Services, or the Vivacity Apps shall constitute your agreement to the User Terms as so amended. If you do not agree to the amended Terms, you must terminate your User Account and cease using the Vivacity Services and Vivacity Apps.

Obligations in the Event of Termination - If your Vivacity User Account is terminated for any reason you agree: (a) to continue to be bound by this Agreement, (b) to immediately stop using the Vivacity Services and all Vivacity Apps, (c) that the license provided by Vivacity under this Agreement shall end, (d) that we reserve the right (but have no obligation) to delete all of the User Data stored by Vivacity, and (e) that Vivacity shall not be liable to you, or any third party, for compensation, reimbursement, or damages in connection with your use of Vivacity or for termination of access to your Vivacity User Account.

No Warranties

The Vivacity Services and Vivacity Website and/or Apps are provided on an “as-is” basis. Vivacity does not warrant that the Services or Vivacity Apps will operate error-free or without downtime. Vivacity may pause or interrupt the Services at any time, and users should expect periodic downtime for updates to the Service.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, Vivacity DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE. Vivacity DOES NOT WARRANT THAT THE Vivacity SERVICES AND/OR Vivacity APP: (i) WILL PROVIDE RESULTS OR INCLUDE CONTENT THAT IS ACCURATE, RELIABLE OR CORRECT; (ii) WILL MEET YOUR REQUIREMENTS; (iii) WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; OR (iv) WILL BE FREE OF DEFECTS, VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF Vivacity IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR THE LOSS OF DATA THAT RESULTS FROM SAID DOWNLOAD. NO ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED BY YOU FROM Vivacity OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

You are solely responsible for obtaining and maintaining the computer, smartphone and other equipment you use to access the Vivacity Services, and for paying for such equipment and any telecommunications charges. We are not liable for any third-party charges, or losses or damages you may suffer and arise from damage to equipment used in connection with the use of the Vivacity Services.

Vivacity is not responsible for the goods and services that you purchase using the Vivacity Services or any Vivacity App. The providing merchant is responsible for all customer service related to those goods and services, including order fulfillment, order cancellation, returns, refunds and adjustments, rebates, functionality and warranty, technical support, and issues concerning experiences with a merchant’s personnel, policies, or processes. Vivacity is also not responsible for any customer service related to your payment instrument(s).

Because we do not control the security of the Internet, or other networks you use to access the Vivacity Services, Vivacity is not responsible for the security of information that you choose to communicate to Vivacity while it is being transmitted. Vivacity is not responsible for any data lost during transmission.

Limitations of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL Vivacity, OR ANY OF Vivacity’S MERCHANTS, PROCESSORS, SUPPLIERS, OR LICENSORS (OR ANY OF THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, OR EMPLOYEES) BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS, PROFITS, USE, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES), ARISING FROM OR RELATING TO THE USE OF, OR INABILITY TO USE, THE Vivacity SERVICES OR ANY Vivacity APP, OR ANY LOYALTY CREDIT OFFERED OR AWARDED, OR ANY GOODS AND SERVICES PURCHASED WITH THE Vivacity SERVICES OR ANY Vivacity APP. Vivacity SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE Vivacity SERVICES, YOUR Vivacity USER ACCOUNT, ANY Vivacity APP, OR THE INFORMATION CONTAINED THEREIN. Vivacity SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES FOR PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE Vivacity SERVICES OR ANY GOODS OR SERVICES PURCHASED USING THE SERVICES.

THIS LIMITATION OF LIABILITY APPLIES WHETHER SUCH CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND EVEN IF Vivacity OR A MERCHANT HAD BEEN INFORMED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

With respect to any unauthorized, fraudulent transaction conducted using your User Account, absent any violation of these User Terms by you, your right to reimbursement for any direct losses (i.e., losses not refunded by your payment instrument issuing entity) as set forth herein shall be your sole and exclusive right and remedy for any loss or damages incurred by you, arising out of, in connection with, or relating to any fraudulent or unauthorized use of your Vivacity User Account, and Vivacity may condition its payment of any fraud or unauthorized use reimbursement upon your releasing Vivacity from any further claims with respect thereto.

An action or proceeding relating to any claim arising out of the Vivacity Services or any Vivacity App must commence within the shorter of the applicable statute of limitations or one year after the cause of action has accrued.

Release of Claims & Indemnity

You hereby release, and agree to defend, indemnify and hold harmless Vivacity against any and all claims, actions, proceedings, suits, liabilities, losses, damages, costs, expenses and attorneys’ fees arising in connection with or relating to: (i) your improper or illegal use of the Vivacity Service or any Vivacity App; (ii) your breach of any provision of this Agreement; (iii) your violation of any federal, state, or local law or regulation; (iv) any goods and services purchased with the Vivacity Service; (v) any act or omission of any merchant; and/or (vi) your participation in any merchant loyalty campaign or Loyalty Credit awarded or redeemed with the Vivacity Services or any Vivacity App (“Damages”). Vivacity reserves the right to assume the sole control of the defense and settlement of any claim, action, suit or proceeding for which you are obliged to provide indemnification hereunder. You agree to cooperate with Vivacity with respect to such defense and settlement.

Disputes & Arbitration

Vivacity reasonably seeks to attempt to resolve disputes with Users to their satisfaction. If, however, a matter arises that cannot be resolved promptly between you and Vivacity, you agree that any disputes arising out of, or relating to the Vivacity Website, any Vivacity App, or this Agreement (including, without limitation, the validity, applicability, or enforceability, and scope of the agreement to arbitrate and any disputes with Vivacity’s third-party licensors or merchants) shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) under the Federal Arbitration Act and shall be conducted before a single arbiter pursuant to the applicable Rules and Procedures established by the AAA (for information on the AAA and its rules, see adr.org). You agree that the arbitration shall be held in the county selected by Vivacity in the Commonwealth of Puerto Rico, unless the AAA or the arbitrator determine that that venue is unreasonably burdensome, in which case the AAA or the arbitrator shall select a venue that is not unreasonably burdensome to both you and Vivacity. You agree that, if the AAA is unavailable or declines to administer the arbitration, and the parties do not agree on a substitute, a substitute administrator or arbitrator shall be appointed by the court. This provision shall not apply to claims of patent, trademark, copyright infringement, or misappropriation of trade secrets. In addition, you or we may elect to bring an individual claim in a small claims court, but Vivacity does not hereby agree to any personal jurisdiction that is otherwise lacking.

You agree that any arbitration shall not permit claims on a class, mass, representative, or private attorney general basis. You further agree that no claims of other parties may be consolidated with your or our claims in the arbitration without both your and our consent. YOU ARE WAIVING YOUR RIGHTS TO HAVE YOUR CASE DECIDED BY A JURY AND TO PARTICIPATE IN A CLASS, MASS, REPRESENTATIVE, PRIVATE ATTORNEY GENERAL, OR CONSOLIDATED ACTION AGAINST Vivacity.

If any part of this Arbitration clause is later deemed invalid as a matter of law, then it shall be severed and the remaining portions of this section shall remain in effect.

Miscellaneous Provisions

This Agreement represents the entire agreement of the parties as to its subject matter, and supersedes all prior written and oral representations and discussions between the parties.

This Agreement shall be governed by the laws of the Commonwealth of Puerto Rico without reference to principles of conflicts of laws.

No delay or omission by Vivacity in exercising any of its rights occurring upon any noncompliance or default by you with respect to this Agreement will impair any such right or be construed to be a waiver thereof, and a waiver by Vivacity of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement hereof contained.

If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law.

In no event shall Vivacity be liable for any failure to comply with this Agreement to the extent that such failure arises from factors outside Vivacity’s reasonable control.

The provisions of this Agreement are entered into for the benefit of Vivacity, its third party licensors, and the merchants, and each of them shall have the right to enforce such provisions of this Agreement, including the arbitration clause, directly against you to protect their interests. Except as stated in the preceding sentence, there shall be no third-party beneficiaries to this Agreement.

Vivacity reserves the right to change or add to these User Terms at any time. When we do so, we shall provide notice on our website by posting the updated User Terms. You agree that if you do not agree to any such amendment, you shall immediately terminate this agreement. Your failure to do so, or continued use of any Vivacity App or Service, shall constitute the agreement to the User Terms as so amended.

In the event of a conflict between this Agreement and any other Vivacity agreement or policy provided to you, directly or indirectly, this Agreement shall prevail on the subject matter of this Agreement.

Effective Date of these Terms of Service: June 4th, 2018