Last Updated: August 18, 2022
Welcome to the VIBES Holdings LLC Website, (individually a “Website”).
Please read these Terms carefully before using the Websites. Your access to and use of the Websites is subject to these Terms. These Terms are a legal agreement between you and us, and they contain important information on your legal rights, remedies and obligations. By accessing, browsing or otherwise using the Website, you (i) acknowledge that you have read, understood, and agreed to be bound by these Terms and that you agree to comply with all applicable laws, rules, policies and regulations; and (ii) represent that you are an adult and have the legal capacity to enter a contract in the jurisdiction where you reside. These Websites are not for individuals under 21 years of age. We do not knowingly collect or solicit any information from anyone under the age of 21 on our Websites.
If you do not agree to these Terms, you may not access, browse or use the Websites and you should discontinue these activities immediately.
YOU MAY NOT USE ANY OF THE WEBSITES FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THESE TERMS. YOUR ACCESS TO ANY WEBSITE MAY BE TERMINATED IMMEDIATELY IN VIBES'S SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISIONS OF THESE TERMS, OR FOR ANY OTHER REASON, OR NO REASON.
We may change, modify, add or remove portions of these Terms at any time to reflect the changes in our business and practices. You should review this Website periodically as any changes will become effective immediately upon being posted, unless we indicate otherwise in an electronic notification to you. When we change the Terms in a material manner we will let you know and update the date at the top of this page, where it says “Effective Date.” If you object to any changes, you may close your account or discontinue use of our Websites. Continuing to use our Websites and/or Services after we publish changes to these Terms means that you are consenting to the changes. See contact information below for questions or concerns regarding these Terms.
VIBES, its distributors, vendors, contractors, and/or licensors (collectively, the “VIBES Parties”) are the owners or licensees of all content and materials on the Websites (“Website Content”) and of all related intellectual property rights, including, without limitation, all copyrights, trade secrets, moral rights, trademark rights and patent rights. Website Content includes, without limitation all features, functions, Services, software, algorithms, designs, objects, documentation, know-how, code, data, art, graphics, animation, photographs, images, logos, text, music, sound effects, audio and/or audio-visual elements and downloadable materials on the Website, as well as the, look-and-feel, design, layout, organization, presentation, user interface, navigation and stylistic conventions of the Website. Website Content does not include Your Content, as that term is defined below.
You do not acquire any ownership interests in any Website Content by accessing, browsing or otherwise using the Website. You agree that we may assign any of our rights, and/or transfer, sub-contract or delegate any of our obligations to another party for any reason, without notice to or consent from you, under these Terms.
The trademarks used in connection with VIBES'S business and/or displayed on this Website are owned by VIBES and VIBES Parties are protected by U.S. federal trademark laws and various international laws. These trademarks may include, among others, our logos/designs, marks and slogans. You may not use or register, or otherwise claim rights in any VIBES trademark, including as or as part of any trademark, service mark, company name, trade name, username or domain registration. The contents of this Website, including the text, photographs, videos, and other audiovisual materials, are also protected under U.S. copyright laws and various international laws and treaties. VIBES and VIBES Parties is proud of its strong brands and the value of the goodwill it has built in its trademarks. As such, VIBES actively enforces its intellectual property rights, and any unauthorized use of its intellectual property is strictly prohibited. VIBES'S trademarks or copyrights, and those of its affiliates, may only be used with express written permission may be revoked at any time.
YOUR USE AND YOUR CONTENT; LICENSE GRANT; RIGHT TO MONITOR AND EDITORIAL CONTROL
You may access, browse and use the Websites and Website Content only for your use on a computer, mobile phone or other Internet-compatible device to enable you to use the Websites. You may not copy, reproduce, modify, distribute, transmit, display, perform, publish or otherwise use or exploit, through any means or media, any of the Website Content, except:
As expressly authorized by VIBES in writing;
To temporarily store files that are automatically cached by your web browser for display enhancement purposes;
To print or download one copy of a reasonable number of pages of the Websites for your personal, non-commercial use and not for further reproduction, publication or distribution;
To share the Websites or updates of the Websites, or to link to a reasonable number of pages of the Websites, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, and provided you do not establish a link in such a way as to suggest any form of association, approval or endorsement on our part. We reserve the right to withdraw linking permission in our sole discretion and without notice.
If you wish to make any use of the materials on the Websites other than that set forth in this Section, please address your request to: firstname.lastname@example.org.
Certain features of our Websites may allow you to post, upload, transmit or submit certain materials, content, information or ideas (“Your Content”). Except for your user information required to be provided in connection with your account, we do not ask for, nor do we wish to receive, any confidential, secret or proprietary information from you through the Websites, by e-mail or in any other way. By providing Your Content to us, you: (i) represent and warrant that Your Content is original to you, that you own or otherwise control all of the rights in Your Content, or that you have the rights necessary to grant to us the license to Your Content, and that Your Content does not violate any rights, including the rights of privacy, of any party and does not otherwise violate the law; and (ii) grant to us and our affiliates a world-wide, non-exclusive, fully paid-up, royalty-free, unrestricted, perpetual, irrevocable, fully transferable, assignable and fully sub-licensable (through multiple tiers) right and license, to copy, reproduce, edit, modify, distribute, transmit, translate, display, perform, publish, sell, adapt, create derivative works from, and otherwise use Your Content, for any purpose that we may choose, in our sole discretion, and through any means or media, whether now existing or subsequently developed, and without any compensation to you or any third party (it being understood that the foregoing shall include the right to exploit any and all intellectual property or proprietary rights in Your Content including, without limitation, rights protected under applicable copyright, trademark, trade secret, patent and other laws throughout the world). IF YOU DO NOT WISH TO GRANT THE RIGHTS GRANTED IN THIS PARAGRAPH, DO NOT SHARE, SUBMIT OR POST YOUR CONTENT ON OR THROUGH OUR WEBSITES.
We are not responsible for maintaining Your Content, and we may remove Your Content from the Website at any time, for any and no reason, and without notice to you. We reserve the right, but do not have an obligation, to monitor and/or review all materials posted to the Websites, or through the Website’s Services or features, by its users, and we are not responsible for any such materials. You are solely responsible and liable for Your Content.
However, we further reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of these Terms or applicable law. We may also impose limits on certain features or restrict your access to part or all of the features or Services without notice or penalty if we believe that you are in breach of these Terms or applicable law, or for any other reason, all without notice or liability.
YOUR REGISTRATION AND YOUR USER INFORMATION
We reserve the right to terminate your account or to refuse Services to you, without prior notice to you, at any time and for any or no reason. Without limiting the above, we will, in appropriate circumstances, permanently terminate your account registration and remove Your Content or user information from the Websites. You have the right to cancel your registration at any time. You may cancel your registration by following the instructions on the Websites.
If you voluntarily terminate your account registration or allow it to lapse, you may reactivate it at any time through the account interface on our Websites. Accounts terminated by us for any type of abuse, including without limitation a violation of these Terms, may not be reactivated.
You warrant and agree that, while accessing or using our Websites, you will not:
- Misrepresent your age;
- Use an inappropriate username or screen name;
- Impersonate any person or entity or misrepresent your affiliation with any other person or entity, whether actual or fictitious, including anyone from the Websites, the VIBES Parties or otherwise affiliated with us;
- Use the Websites to advocate the use of controlled substances or the use of products or Services offered or promoted on the Websites in connection with controlled substances;
- Insert your own or a third party’s advertising, branding or other promotional content, including junk email, bulk email (also known as “spam”), chain letters, surveys or contests, or solicit participation in any pyramid schemes, into any Website Content;
- Solicit passwords or personal information for commercial or unlawful purposes from other users;
- Obtain or attempt to gain unauthorized access to other computer systems, materials, information or any Services available on or through the Websites through any means, including through means not intentionally made publicly available or provided through the Websites;
- Engage in any automatic or unauthorized means of accessing, logging-in or registering on the Websites, or obtaining lists of users or other information from or through the Websites, including, without limitation, any information residing on any server or database connected to the Websites;
- Use the Websites or its features and Services in any manner that could interrupt, damage, disable, overburden or impair the Websites or interfere with any other party’s use and enjoyment of the Websites, including, without limitation, sending mass unsolicited messages or “flooding” servers;
- Use the Websites or its Services in violation of our intellectual property or other proprietary or legal rights or rights of any third party;
- Use the Websites or its Services in violation of any applicable law;
- Attempt to circumvent, reverse-engineer, decrypt, or otherwise alter, or interfere with, the Websites or its Services;
- Post, transmit, publish or otherwise disseminate through the Websites any of Your Content that, as we determine in our sole discretion: (i) is unlawful, harmful, harassing, fraudulent, threatening, abusive, libelous, defamatory, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable, or infringes our or any third party’s intellectual property rights or other rights; (ii) is derogatory or harmful to the reputation of any of the VIBES Parties or any of her or their respective officers, members, employees, representatives, licensors and/or suppliers, in any way; (iii) may incite violence or other unlawful activity; or (iv) is harmful to children in any manner;
Encourage or enable any other individual to do any of the foregoing.
THE LAWFUL AND PROPER USE OF ANY PRODUCT OR ACCESSORY IS A REQUIRED CONDITION OF SALE. BY PURCHASING ANY PRODUCT OFFERED BY GREELANE, YOU ARE REPRESENTING THAT YOU ARE OF LEGAL AGE TO PURCHSASE THE PRODUCT, AND THAT YOU AGREE TO FOLLOW THE INSTRUCTIONS CONTAINED IN THESE TERMS AND IN ANY ACCOMPANYING PRODUCT LITERATURE. THE IMPROPER USE OF APRODUCT MAY VOID ANY APPLICABLE WARRANTY. ANY ILLEGAL USE OR RESALE OF ANY PRODUCT COULD SUBJECT YOU TO FINES, PENALTIES AND/OR IMPRISONMENT UNDER STATE AND FEDERAL LAW.
KEEP ALL PRODUCTS OUT OF THE REACH OF CHILDREN. STUDY THIS INFORMATION, THE PRODUCT INSTRUCTIONS, AND ALL OF THE ACCOMPANYING LITERATURE BEFORE USING A PRODUCT OFFERED BY VIBES.
THE INFORMATION CONTAINED IN THIS DISCLAIMER AND ANY OTHER CAUTIONARY INSTRUCTIONS, AND ALL OF THE DOCUMENTATION AND LITERATURE INCLUDED WITH ANY PRODUCT SOLD ON THE VIBES WEBSITES WAS DEVELOPED FOR INFORMATIONAL PURPOSES ONLY. IN NO WAY IS ANY OF THE INFORMATION CONTAINED IN THIS DISCLAIMER OR OTHER DOCUMENTATION INTENDED TO BE A MEDICAL OR PRESCRIPTIVE GUIDE. NEITHER THE MANUFACTURER NOR THE SELLER, OR THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS OR SHAREHOLDERS, OF ANY PRODUCTS OFFERED FOR SALE ON THE WEBSITE IS RESPONSIBLE FOR THE MISUSE OF SUCH PRODUCTS. YOU AND ANY OTHER USER OF SUCH PRODUCTS ARE SOLELY RESPONSIBLE FOR THE CORRECT USE OF SUCH PRODUCTS AND THE CONSEQUENCES OF SUCH USE.
IF YOU BELIEVE OR SUSPECT THAT YOU HAVE A MEDICAL PROBLEM, PROMPTLY CONTACT YOUR DOCTOR OR HEALTH CARE PROVIDER.
CONTESTS AND SWEEPSTAKES
The specific rules and terms that apply to all contests or sweepstakes conducted by our Websites, can be found at the link for the contests or sweepstakes. Your participation in the contests or sweepstakes is subject to those rules and terms.
VIBES may, from time to time, post-employment opportunities on the Websites and/or invite users to submit resumes to the Websites. Nothing in these Terms or contained in the Websites shall constitute a promise by VIBES to interview, hire or employ any individual who submits information to it, nor shall anything in these Terms or contained in the Websites constitute a promise that VIBES will review any or all of the information submitted to it by users, or that the job posted will still exist at the time your resume is received or reviewed.
FEES THAT YOU MAY PAY
Some aspects of the Websites may require you to pay a fee or other charge, the details of which are available in various areas of the Websites that feature the ability to purchase products, features or Services. You agree to pay all fees, charges and applicable taxes incurred by you or anyone using your account. We may revise the pricing for products, Services or features offered through the Websites at any time. Unless otherwise noted, all currency references are in U.S. dollars. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable. If there is a dispute regarding payment of fees to, or products or Services provided by, us, your account may be closed without warning or notice at our sole discretion.
EXCEPT AS OTHERWISE SET FORTH IN OUR SHIPPING, RETURN OR CANCELLATION POLICIES APPLICABLE TO OUR PRODUCTS, SERVICES OR FEATURES, YOU ACKNOWLEDGE AND AGREE THAT ANY APPLICABLE FEES AND OTHER CHARGES FOR PRODUCTS, SERVICES OR FEATURES ARE NOT REFUNDABLE IN WHOLE OR IN PART. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT REGISTRATION, INCLUDING ANY UNAUTHORIZED CHARGES.
We may, from time to time, modify, amend, or supplement our fees and fee-billing methods, and such changes shall be effective immediately upon posting in these Terms or elsewhere on the Websites.
In many instances, certain products offered for sale on the Websites are subject to what is referred to as a “minimum advertised price,” or “MAP” policy. MAP is the lowest price distributors and other resellers are allowed to publicly advertises a product for sale. A MAP policy does not apply to the price at which products subject to the MAP policy are actually sold or offered for sale. We remain free at all times to sell products subject to a MAP policy on the Websites at any price we choose.
A MAP policy is used by some manufactures to protect the integrity of their product(s) and brand. Generally, authorized retailers of a product covered by a MAP policy who do not adhere to these guidelines risk losing the right to sell the product subject to that MAP policy. In addition, buyers may not be able to take advantage of post-sale Services (i.e., warranty repair) when purchasing from a retailer that does not comply with a manufacturer’s MAP policy.
MAP policies are intended to protect consumers and sellers from disreputable dealers, giving all authorized retailers specific guidelines on how to advertise the price of the MAP product(s). This helps to ensure that buyers will be able to access the high level of service the manufacture wants purchasers of their product(s) to receive.
If you have any questions regarding whether a particular product purchased on our Websites is subject to a MAP policy, please contact us at the information provided below.
LINKS TO THIRD-PARTY WEBSITES
The Websites contains links to websites of third parties, including, without limitation, advertisements of third party products and services and “buy” links to third party vendors or retailers to purchase products or Services featured on the Websites. If you use these links, you will leave the Websites. These third parties and their websites are not under our control and we are not responsible for their content or operation. By providing links to these websites, we do not approve, warrant or endorse, or otherwise make any representation about them or their owners or operators, and do not assume any related responsibility or liability. You should exercise your own judgment in evaluating and using these websites. When you link to these websites, you become subject to their terms and conditions of use and privacy policies.
LINKING TO THE WEBSITE
You agree that if you implement a link to any of our Websites (whether from another website or otherwise), such link shall open in a new browser window and shall link to the full version of an HTML-formatted page of the Website. You may not link directly to any Website Content by, for example and without limitation, “in-line” linking or “deep-linking” methods, or in any manner causing the Website, or any page of the Website, to be ”framed”, surrounded or obfuscated by any third-party content, materials or branding. You may not include a link to any aspect of the Websites in an email for commercial purposes, without the express written permission of VIBES. You may inquire about obtaining permission by writing at:
Mail: 1095 Broken Sound Parkway NW #300, Boca Raton, FL 33487
We may, at any time and for any or no reason, require that any link to any of our Websites be discontinued and removed and revoke your right to link to our Websites.
We administer, control and operate the Websites from our offices in Florida the United States of America. The Websites are accessible worldwide; however, some of its features or functions may not be available or appropriate for use outside of the United States and/or may not be available to all persons or in all geographic locations. We make no representation that the Websites and Website Content are appropriate or authorized for use in all countries, states, provinces, counties or any other jurisdictions. Your access and use of the Websites may not be legal in your jurisdiction. If you choose to access, browse or use the Websites, you do so on your own initiative and risk, and you are responsible for compliance with all applicable laws if, and to the full extent that, such laws and restrictions are applicable. We reserve the right to limit, in our sole discretion, the provision of any feature or function of the Websites to any person and geographic area. Any offer for any feature or function made on the Websites is void where prohibited.
The Websites provide information of a general nature only and you are responsible for determining whether it applies to your specific situation. We specifically disclaim any liability concerning any action that any person may take based on any information or guidance provided at the Websites.
Some Website Content is provided by the users of the Websites. With the exception of the limited license granted in these Terms, we do not obtain or control any rights in, and do not exert editorial control over, such Website content. We do not independently verify the representations and warranties made by the users with respect to such Website content.
We do not guarantee the accuracy, timeliness, correctness, completeness, performance or fitness for a particular purpose of the Websites or any of Website Content. We are not liable for any errors, omissions, or inaccurate Website Content.
THE WEBSITES, WEBSITE CONTENT AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR USEFULNESS OF WEBSITE CONTENT AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, WHICH ARE EXCLUDED FROM THIS AGREEMENT TO THE EXTENT THAT THEY MAY BE EXCLUDED AS A MATTER OF LAW. WE DO NOT WARRANT THAT THE WEBSITES, WEBSITE CONTENT OR SERVICES WILL BE TIMELY, SECURE, UNINTERRUPTED, OR OPERATED FREE OF DELAYS IN TRANSMISSION, FAILURE IN PERFORMANCE, COMPUTER VIRUSES, CYBER ATTACKS, HACKING, MALWARE OR OTHER SECURITY INTRUSIONS, INACCURACIES, ERRORS, OR DEFECTS. YOU USE THE WEBSITES AT YOUR OWN RISK. WE ALSO ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, BROWSING IN, OR USE OF, THE WEBSITES OR YOUR DOWNLOADING OF THE WEBSITE CONTENT. YOU ARE SOLELY RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND VIRUS CHECKS (INCLUDING ANTI-VIRUS AND OTHER SECURITY CHECKS) TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR THE ACCURACY AND SECURITY OF DATA INPUT AND OUTPUT. WE MAKE NO WARRANTY THAT THE WEBSITES WILL MEET USERS' REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE WEBSITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE WEBSITES IS TO TERMINATE YOUR REGISTRATION AND DISCONTINUE ALL USE OF THE WEBSITES.
We respect the intellectual property rights of others and we ask that users of the Websites do the same. If you believe that anything on any of our Websites infringes upon any copyright which you own or control, you may file a notification of such infringement with our designated agent as set forth below:
Pryor Cashman LLP
7 Times Square
New York, NY 10036-6569
As set forth by Section 512(c)(3) of the Digital Millennium Copyright Act, your notification should contain the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
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
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.
Section 512(f) of the Digital Millennium Copyright Act may impose liability for damages on any person who knowingly sends meritless notices of infringement. Please do not make false claims.
MODIFICATION, SUSPENSION AND TERMINATION
We reserve the right to modify, suspend or terminate, in our sole discretion, at any time, temporarily or permanently, for any or no reason and without notice to you, and without any liability to you, any portion of the Website, and/or your account, password or use of any Service.
In the event of termination, you will still be bound by your obligations under these Terms, including the warranties made by you, and by the disclaimers and limitations of liability.
You will indemnify, defend, and hold harmless the VIBES Parties, including their officers, directors and employees, from and against any and all claims, actions and damages (including, without limitation, court costs, legal fees, accounting fees and amounts paid in settlement) that are related to or result from your use of the Websites, Your Content or its posting on, or submission to, the Websites, and/or your violation of these Terms or your representations and warranties hereunder. You will cooperate as fully as reasonably required in the defense of any such claim or action; however, we reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION, BREACH OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ARISING UNDER ANY OTHER LEGAL OR EQUITABLE THEORY, WILL THE VIBES PARTIES OR ANY OF THEIR OFFICERS, DIRECTORS, MEMBERS OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARISE OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITES OR WITH THE DELAY OR INABILITY TO USE THE WEBSITES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THE WEBSITES, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL THE VIBES PARTIES OR THEIR OFFICERS, DIRECTORS, MEMBERS OR EMPLOYEES BE LIABLE FOR, OR IN CONNECTION WITH, ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE WEBSITES (INCLUDING, WITHOUT LIMITATION, ANY OF YOUR CONTENT). IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU OF THE VIBES PARTIES OR ANY OF THEIR OFFICERS, DIRECTORS, MEMBERS OR EMPLOYEES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED, IN THE AGGREGATE (A) THE AMOUNT, IF ANY, PAID BY YOU TO US FOR YOUR USE OF THE WEBSITES OR FOR ANY OF YOUR ACTIVITIES ON THE WEBSITES DURING THE THREE MONTHS IMMEDIATELY PRECEDING YOUR CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (U.S. $100), WHICHEVER IS GREATER.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THOSE ASPECTS OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU, IN WHICH CASE THE LIABILITY OF THE VIBES PARTIES AND THEIR OFFICERS, DIRECTORS, MEMBERS AND EMPLOYEES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
(B) Notice. The party seeking relief under these Terms must first notify the other party of the dispute in writing at least 60 days in advance of initiating any action. Notices to VIBES should be sent to VIBES, Attention: Legal Department; 1095 Broken Sound Pkwy NW, Suite 300, Boca Raton, FL 33487 ADDRESS. The notice must include your name, address, and contact information, the facts giving rise to the dispute, and the relief requested. We may direct any Notices to you at (a) the mailing address or e-mail address that you most recently provided to us; or (b) a publicly-listed address for you. You and we will use reasonable efforts to resolve any dispute through informal negotiation within 60 days from the date the notice of dispute is sent. After 60 days, you or we may commence arbitration.
(C) Administration of Arbitration. If any dispute is not resolved by informal negotiation, any claim, dispute, or controversy will be, at the demand of either party, conducted exclusively by binding arbitration governed by the Federal Arbitration Act (“FAA”), and not state law. YOU ARE GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ALL DISPUTES IN COURT BEFORE A JUDGE OR JURY. Instead, all disputes will be resolved on an individual basis before a single, neutral arbitrator and the proceeding will be confidential. The arbitrator will be either a lawyer admitted to practice law in his or her jurisdiction and with at least ten years’ experience or a retired or former judge selected in accordance with the rules of the AAA. The arbitrator is bound by the terms of this provision, and the arbitration will be governed by the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes of the AAA. For more information, see adr.org or call 1-800-778-7879. All arbitration proceedings will be conducted in English, and the United States FAA will govern the interpretation, enforcement, and proceedings pursuant to this binding arbitration provision. The arbitration shall be conducted in Palm Beach County, Florida. The award will be confidential and only disclosed as is necessary to obtain judgment or as otherwise required by law. You and we further agree that a judgment may be entered upon the award by any court having jurisdiction. The arbitration award will determine the rights and obligations between the named parties only, and only in respect to the claims in arbitration, and will not have any bearing on the rights and obligations of any other dispute. In the event of a conflict between the Arbitration Rules and this provision, this arbitration provision will govern.
(D) Costs. The party initiating the arbitration will pay the initial filing fee. If you file the arbitration and an award is rendered in your favor, we will reimburse your filing fee. We will pay the fees and costs for the first day of any hearing. All other fees and costs will be allocated in accordance with the Arbitration Rules. However, we will advance or reimburse filing and other fees if the arbitrator rules that you cannot afford to pay them or if you ask us and we determine there is a good reason for doing so. Each party will bear the expense of their respective attorneys, experts, and witnesses and other expenses, regardless of who prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines.
(E) Severability. If any term or section of this provision is found to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other term or section of this arbitration provision and will be eliminated to the minimum extent necessary. If any portion of this arbitration provision is deemed invalid or unenforceable, it will not invalidate the other provisions of these Terms; provided, however, that (i) if the prohibition on class-wide arbitration is deemed invalid, then this entire arbitration provision will be null and void; and (ii) if the prohibition on arbitration of representative claims brought in a private attorney general capacity is deemed invalid, then the arbitration provision will be null and void as to such claims only. This arbitration agreement will survive the termination or cancellation of this Agreement. In the event of a conflict between this arbitration agreement and any other applicable arbitration provision, this arbitration agreement will control.
WAIVER OF JURY TRIAL. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AND WE AGREE THAT THERE WILL NOT BE A JURY TRIAL. YOU AND WE UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY DISPUTE THAT IN ANY WAY RELATES TO OR ARISES OUT OF THESE TERMS OR FROM ANY PRODUCTS AND SERVICES YOU RECEIVE FROM US (OR FROM ANY ADVERTISING FOR ANY SUCH PRODUCTS OR SERVICES). IN THE EVENT OF LITIGATION, THIS PARAGRAPH MAY BE FILED TO SHOW A WRITTEN CONSENT TO A TRIAL GOVERNED BY THE LAWS OF THE UNITED STATES OF AMERICA AND THE LAWS OF THE STATE OF FLORIDA, WITHOUT REGARD TO THE PRINCIPLES OF CONFLICT OF LAWS. THIS PARAGRAPH IN NO WAY INVALIDATES THE PROVISION TO ARBITRATE DISPUTES.
USERS OUTSIDE OF THE UNITED STATES
Our failure to act with respect to any failure by you or others to comply with these Terms does not waive its right to act with respect to subsequent or similar failures.
You may not assign or transfer your rights or obligations under these Terms without our prior written consent, and any assignment or transfer in violation of this provision shall be null and void.
If you have any questions about these Terms, please contact us at:
Mail: 75 Park Plz, Boston MA, 02116
Phone: (888) 369-6000