Introduction

Welcome to the Vivicreate® Tortilla Press website (the “Site”) provided by Vivicreate (“Vivicreate,” “we,” “us” and/or “our”). By accessing and using this Site, you agree to be bound by the following Terms and Conditions and all applicable laws and regulations.

Please read these Terms and Conditions carefully before using this Site so that you are aware of your legal rights and obligations with respect to Vivicreate. Your access to and use of this Site constitutes your acceptance of and agreement to abide by each of the terms and conditions set forth below in these Terms and Conditions. If you do NOT agree to these Terms and Conditions, please do NOT use this Site.

Intellectual Property

The content, organization, graphics, text, images, video, design, compilation, advertising and all other material on this Site, including without limitation, the “look and feel” of this Site and any Vivicreate trademarks, service marks, branding or logos contained herein, are the property of Vivicreate and are protected by copyright, trademark and other laws.

You may NOT copy, display, distribute, modify, publish, reproduce, store, transmit, create derivative works from, or sell or license all or any part of the content, branding or appearance of this Site. Any copying, redistribution, publication or commercial exploitation of the content of this Site without the express prior written consent of Vivicreate is strictly prohibited.

Site Access and Use

Vivicreate grants you a limited, revocable, non-transferable license to access and use this Site solely for your own personal use. You agree not to use this Site for any other purpose, including commercial purposes, such as co-branding, framing, linking, or reselling any portion of this Site without the prior written consent of Vivicreate.

You may not use any meta tags, “hidden text” or any other tactics to optimize your uncontrolled content for search engines, proxy servers, or any other purpose. Any such unauthorized use terminates the limited license granted by Vivicreate.

User Content

You are solely responsible and liable for any content, information or other materials that you upload, post or otherwise transmit to or through this Site. You agree not to upload, post or otherwise transmit to this Site:

• Content that is unlawful, harmful, pornographic, obscene, racist, violent, threatening, harassing, defamatory, slanderous, libelous, invasive of privacy or publicity rights, hateful, vulgar, indecent, disparaging, or embarrassing to any person or entity;
• Content that purports to impersonate any person or entity, including any of our employees or representatives;
• Unsolicited communications, advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of unauthorized solicitation;
• Content that contains computer viruses or other disruptive, damaging or harmful files or programs; or
• Content that otherwise violates these Terms and Conditions or any of our other policies or guidelines.

We reserve the right (but assume no obligation) to monitor, review, edit or remove any User Content. If we determine, in our sole discretion, that you have violated these Terms and Conditions or any other applicable rules, we may terminate your access to the Site without notice to you and refer any information regarding your User Content to the appropriate authorities for investigation and prosecution.

Online Purchases

You may have the option on our Site to purchase Vivicreate products online. If you choose to make an online purchase, you will need to provide certain information including your name, billing address, shipping address, email address, phone number, credit card number, expiration date and security code.

You represent and warrant that you have the legal right to use any credit card(s) used in connection with a purchase. If you do not, please do NOT attempt to make a purchase on this Site, as your order will be rejected.

By submitting an order, you authorize us to charge the order to the credit card provided. You agree to pay all charges incurred by you or any user of your credit card or debit card information through this Site up to the amount of the purchase, including any applicable taxes and fees.

All sales are final. We do not accept returns or provide refunds unless we are legally obligated to do so. Prices and availability of products on this Site are subject to change without notice. We reserve the right, at our sole discretion, to limit or cancel quantities purchased per person, per household or per order.

We make every effort to provide accurate descriptions of products available on our Site. However, we do not warrant that product descriptions, pricing or other Site content is complete, reliable, accurate or error-free. In the event of an error, we reserve the right to correct it.

Disclaimers

All products, content and services included on or accessible through this Site are provided on an “as is” and “as available” basis without warranties of any kind. We make no representations or warranties of any kind with respect to this Site or its contents, and disclaim any and all express, implied or statutory warranties, including without limitation, warranties of title, merchantability, fitness for a particular purpose, quiet enjoyment, accuracy, or non-infringement.

We do not warrant that the Site or any portion of the Site, or any materials, information or functions included on or accessible through the Site, will be uninterrupted or error-free, or that defects will be corrected. We have no control over the Internet and cannot guarantee that you will be able to access our Site at anytime. We undertake no obligation to update any materials or content on this Site. You are responsible for all access to this Site.

The information provided on this Site is for informational purposes only and is not intended as medical or professional advice. Reliance on any information provided on this Site is solely at your own risk. Nothing contained on this Site constitutes legal, investment, medical or healthcare advice or diagnosis or treatment.

Limitation of Liability

To the fullest extent permitted by applicable law, in no event will Vivicreate, its affiliates, directors, officers, employees, agents or other representatives be liable for:

• Any indirect, incidental, special, consequential, punitive or exemplary damages arising out of or in connection with the use of this Site or any content, materials or functions included on or otherwise made accessible through the Site; or
• Damages of any kind for use or performance of this Site;

Our maximum liability arising out of or relating to this Site and your use of this Site, regardless of the cause of action (whether in contract, tort, breach of warranty or otherwise), will not exceed $100.

Indemnification

You agree to defend, indemnify and hold harmless Vivicreate, its affiliates and their respective directors, officers, employees, agents and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from:

• Your use of and access to the Site, including any data or content transmitted or received by you;
• Your violation of any term of these Terms and Conditions;
• Your violation of any third-party right, including without limitation any right of privacy or intellectual property rights;
• Your violation of any applicable law, rule or regulation; or
• Any claim or damages from you that arise out of or relate to use of the Site or any contents, materials or functions associated with this Site.

Privacy

Please review our Privacy Policy to understand our practices regarding personal information provided by you, which is incorporated herein by reference.

Modifications and Termination

We reserve the right at any time, in our sole discretion, to:

• Modify these Terms and Conditions;
• Modify the Site and/or eliminate or discontinue any content on the Site;
• Impose limits on products or services offered through the Site;
• Create limits on use and storage;
• Terminate or restrict access to the Site or parts of the Site.

We reserve the right to terminate your use of or access to the Site at any time, with or without notice, for any reason or no reason. Upon any such termination, you must immediately cease accessing or using the Site and agree not access or make further use of the Site.

Governing Law and Disputes

These Terms and Conditions shall be governed by the laws of the United States and the State of California, without regard to any conflict of law provisions. Sole and exclusive jurisdiction and venue for any action or proceeding arising out of or related to these Terms and Conditions shall be an appropriate federal or state court located in the County of San Diego, California. You hereby irrevocably consent to the personal jurisdiction and venue of such courts.

Any cause of action you may have with respect to your use of this Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions to be unenforceable, that provision will be enforced to the maximum extent permissible so as to affect the intent of these Terms and Conditions, and the remainder of these Terms and Conditions will continue in full force and effect.

Contact Us

If you have any questions about our Terms and Conditions, please contact us:

Vivicreate
123 Main Street
San Diego, CA 92111
Email: [email protected]