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INSPIRE LIVING +1.805.214.8107

Terms & Conditions


TERMS & CONDITIONS

The terms and conditions stated herein (collectively, the Agreement) constitute a legal agreement between you and Pada Ventures, Inc., a Delaware corporation doing business as Vivible (the Company or We).

In order to purchase Vivible Furniture and Services (defined below) and the associated software Application and Website (each as defined below) you must agree to the terms and conditions that are set out below, including without limitation your agreement in Section 20 to arbitrate certain claims and not to participate in any class actions for claims subject to arbitration.

By purchasing the Company’s Furniture and using the Application supplied by the Company which purpose is to enable you to manage furniture inventory (the Application), you hereby expressly acknowledge and agree to be bound by the terms and conditions of the Agreement, and any future Changes to this Agreement (as set forth below). You further acknowledge and agree that you have read and understand the Company’s Privacy Policy, which applies to your use of the Website, Application and Vivible furniture and Services, is hereby incorporated into this Agreement.

The Company may make modifications, deletions and/or additions to this Agreement (Changes) at any time. Changes will be effective: (i) thirty (30) days after the Company provides notice of the Changes, whether such notice is provided through the Application or Website user interface, is sent to the email address associated with your account or otherwise; or (ii) when you opt-in or otherwise expressly agree to the Changes or a version of this Agreement incorporating the Changes, whichever comes first.

1. Key Terms

"Vivible Furniture and Services” means the Company’s physical furniture, including sofas, chairs, tables, desks, storage units, soft seating, kitchen wares, decor, and other furnishing items and electronics which are purchased through the Application, the Website, a purchase agreement, or any other means that Vivible implements. 


“Change of Control” means any event which results in a change in the effective control of the Company, or any transfer or other dealing in respect of all or part of the corporate shares of the Company or an affiliate of Company that results in a change in the effective voting control of the Company. 


"Collective Content" means, collectively, Company Content and User Content. 
"Content" means text, graphics, images, software (excluding the Application), video, information or other materials. 


"Company Content" means Content that Company makes available through the Application and/or Website, including any Content licensed from a third party, but excluding User Content. 


“Partner” means landlords, brokers, brokerages, architects, designers, and the like who contract with the Company and purchase, access or use Vivible Furniture, the Application, or Website. 


“Premium White Glove Program” means purchases of Vivible Furniture that qualify for free delivery, assembly, and retrieval, as outlined on the Website. 


"User" means a person, business, or Partner who purchases, accesses or uses Vivible Furniture, the Application or Website. 


"User Content" means Content that a User posts, uploads, publishes, submits or transmits to be made available through the Website or Application. 


"Website” means vivible.co or any other website through which the Company makes available the ability to purchase Vivible Furniture and posts this Agreement.

2. Use

In order to be able to use the Application, you first need to sign up with the Company, which you can do through the Website. When signing up, you are obligated to provide the Company with your personal information, mobile telephone number and credit card data (which will be held and processed by our third party payment provider, further details of which are set out in the paragraph below and in our Privacy Policy). Upon successful completion of your sign-up with the Company, You will be provided with a personal account (an “Account”), accessible to you by a password of your choice. You agree to maintain accurate, complete and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Application or to purchase, request repair, or request removal of Vivible Furniture .

As further described in the Privacy Policy, the Company uses a third-party payment processor (the Payment Processor) to link your credit card account to the Website and/or Application and Vivible Furniture. The processing of payments or credits, as applicable, in connection with your use of the Website, Application and Vivible Furniture will be subject to the terms, conditions and privacy policies of the Payment Processor and your credit card issuer in addition to this Agreement. The Company is not responsible for any errors by the Payment Processor.

3. Representations and Warranties

By using the Website, Application or Vivible Furniture, you expressly represent and warrant that you are legally entitled to enter into this Agreement. If you reside in a jurisdiction which restricts the use of the Vivible Furniture, or restricts the ability to enter into agreements such as this one due to age, you must abide by such limits and you must not use the Website, Application and Vivible Furniture. By using the Website, Application or the Vivible Furniture, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement. Your participation in using the Website, Vivible Furniture and/or the Application is for your sole, personal use. You may not authorize others to use your user status and/or password, and you may not assign or otherwise transfer your user account and/or password to any other person or entity. When using the Website, Application or Vivible Furniture, you agree to comply with all applicable laws of the nation, the country, state, province and city in which you are present while using the Website, Application or Vivible Furniture.

By using the Website, Application and/or Vivible Furniture, you agree that:

You will only use the Website, Vivible Furniture or Application for lawful purposes.

You will follow all additional regulations regarding the Vivible Furniture, as may be communicated through the Application, Website, labels, posted signs, or otherwise.

You may be held liable (and do hereby authorize the Company to charge you) for the repair cost for all damage to Vivible Furniture which has been leased from the Company.

You will not impair the delivery or retrieval of Vivible Furniture.

You will not try to harm the Website or Application in any way whatsoever.

You will not copy or distribute Vivible Furniture, the Website, Application, or other content without written permission from the Company.

You will only use your password for the Application for your own use and will not resell or transfer it to a third party.

You will keep secure and confidential your account password or any identification we provide you which allows access to the Application.

You will provide the Company with whatever proof of identity we may reasonably request.

You do hereby acknowledge that there is a weight limit associated with some pieces of Vivible Furniture, and you hereby agree to adhere to such weight limits.

You hereby consent to the use of sensors by the Company to track the usage of Vivible Furniture, which (without limitation) shall be used by the Company to optimize Vivible Furniture.

You do further acknowledge that the Company may restrict your ability to purchase Vivible Furniture in the event of fraud or violation of this Agreement.

4. License Grant, Restrictions and Copyright Policy

Subject to your compliance with the terms and conditions of this Agreement, the Company grants you a limited, revocable, non-exclusive, non-transferable license to view any User Content to which you are permitted access solely for your personal and non-commercial purposes. You have no right to sublicense or assign the license rights granted in this section.

You will not use, copy, adapt, modify, decompile, reverse engineer, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Website, Vivible Furniture, Application or Collective Content, except as expressly permitted in this Agreement. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Company or its licensors, except for the licenses and rights expressly granted in this Agreement or expressly agreed in writing by the Company.

5. License granted by User

The Company may, in our sole discretion, permit Users to post, upload, publish, submit or transmit User Content. By making available any User Content on or through the Website, Vivible Furniture or Application, you hereby grant to Company a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Content including but without limitation on, through or by means of the Website or Application. In connection herewith, you hereby renounce and waive in favour of Company any moral rights you have or might have, now or in the future, with respect to User Content. Nothing in this Agreement will be deemed to restrict any rights that you may have to use and exploit any User Content.

You acknowledge and agree that you are solely responsible for all User Content that you make available through the Website or Application. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Website or Application or you have all rights, licenses, consents and releases that are necessary to grant to Company the rights in such User Content, as contemplated under this Agreement; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Company’s use of the User Content (or any portion thereof) will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

7. Copyright Policy

The Company respects copyright law and expects its Users to do the same. It is the Company’s policy to terminate in appropriate circumstances Users or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.

8. Payment Terms

Any fees which the Company may charge you for the use of the Website, Application or Vivible Furniture will be as set out on the Website or Application at the time of purchase, are due immediately and are non-refundable. This no refund policy shall apply at all times regardless of your decision to terminate your usage, the Company's decision to terminate your usage, disruption caused to our Website, Application, or delivery of Vivible Furniture either planned, accidental or intentional, or any reason whatsoever. The Company reserves the right to determine final prevailing pricing.

You do hereby agree that you shall be charged fees based on the the posted price of Vivible Furniture. The Company, at its sole discretion, may make promotional offers with different features and different rates to any of our customers. These promotional offers, unless made to you, shall have no bearing whatsoever on your offer or contract. The Company may change the fees for Vivible Furniture as we deem necessary for our business.

9. SMS Messaging

If you have provided your consent, the Company may send you SMS messages in relation to the delivery and maintenance of Vivible Furniture and for promotional purposes. Message and data rates may apply.

If you change your mobile phone service provider, you might have to re-enroll with the Company in order to receive future SMS messages. Company reserves the right to stop sending SMS messages at any time; you may at all times opt-out by replying from your mobile phone to any text from the Company with the word STOP, which opt-out will become effective within seven (7) days.

10. Intellectual Property Ownership

The Company alone (and its licensors and/or successors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Website, Application and Vivible Furniture and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Website, Application or the Vivible Furniture (collectively, “Feedback”). You are not required to provide any Feedback to the Company. To the extent you do provide any Feedback to the Company, you agree to assign and hereby do assign to the Company all right, title and interest in and to such Feedback and agree that the Company may freely utilize such Feedback without compensation to you. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Website or Application, or any intellectual property rights owned by the Company. The Company name, the Company logo, and the product names associated with the Website, Application and Vivible Furniture are trademarks of the Company or third parties, and no right or license is granted to use them.

11. Third Party Interactions

During use of the Website, Application and Vivible Furniture, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party service providers, advertisers or sponsors showing their goods and/or services through the Website, Application or Vivible Furniture. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third party. The Company and its licensors and/or successors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction, services or promotion between you and any such third party. The Company does not endorse any sites on the Internet that are linked through the Website or Application, and in no event shall the Company or its licensors be responsible for any content, products, services or other materials on or available from such sites or third party providers. The Company provides the Website, Application and Vivible Furniture to you pursuant to the terms and conditions of this Agreement. You recognize, however, that certain third party providers of goods and/or services may require your agreement to additional or different terms and conditions prior to your use of or access to such goods or services, and the Company disclaims any and all responsibility or liability arising from such agreements between you and the third party providers. The Company does not guarantee delivery times from third party furniture partners.

The Company may rely on third party advertising and marketing supplied through the Website, or Application and other mechanisms to subsidize the Website or Application. By agreeing to these terms and conditions you agree to receive such advertising and marketing. If you do not want to receive such advertising, you must notify us in writing. The Company may compile, release and disclose non-nominative information regarding you and your use of the Website, Application or Vivible Furniture as part of a customer profile or similar report or analysis, including, without limitation to third party service providers. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through the Company.

12. Furniture Retrieval

Users whose Vivible Furniture was leased or rented may request the retrieval of their Vivible Furniture upon User’s completed use of Vivible Furniture. Furniture retrieval does not apply to non-Vivible Furniture products, to Vivible Furniture products that were not purchased under (or did not qualify for) the Premium White Glove Program, or to purchases of refurbished or used Vivible Furniture. Furniture retrieval does not constitute a sale, and in no case shall Vivible pay any fee or sum to the User for the retrieval of Vivible Furniture. The User understands and agrees that the retrieved Vivible Furniture shall become the solely owned property of the Company, who may refurbish and re-sell the retrieved furniture. In no case shall the Company compensate the User for any portion of revenue collected on retrieved Vivible Furniture.

Further, the User understands that in the event of a Change of Control, the successor or transferee (being the person or entity with effective control, or voting control after the Transfer) shall not be bound by the Company’s policy of retrieving Vivible Furniture, and may cease retrieval operations.

13. Indemnification

By entering into this Agreement and using the Website, Application or Vivible Furniture, you agree that you shall defend, indemnify and hold the Company, its licensors, and each of their parent organizations, subsidiaries, affiliates, officers, directors, Users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (a) your violation or breach of any term of this Agreement or any applicable law or regulation, whether or not referenced herein; (b) your violation of any rights of any third party, or (c) your use or misuse of the Website, Application or Vivible Furniture, except in each case solely to the extent any of the foregoing arises directly from the gross negligence or willful misconduct of the Company.

14. Force Majeure

Notwithstanding any other provision of this Terms of Service, if the Company is, in good faith, delayed or prevented from complying with any of the covenants made by the Company, because of a strike, labor trouble, inability to obtain materials or services, power failure, restrictive governmental laws, orders, directives or regulations, riots, insurrection, sabotage, rebellion, war, act of God, or any other similar reason, that is not the fault of the Company, the non-compliance is excused for the period of the delay and the Company will do what was delayed or prevented within the appropriate period after the delay.

15. Disclaimer of Warranties

THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, SAFETY, ACCURACY OR COMPLETENESS OF THE WEBSITE, VIVIBLE FURNITURE, OR APPLICATION. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE WEBSITE, VIVIBLE FURNITURE OR APPLICATION WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, APPLICATION, SYSTEM OR DATA, (B) THE WEBSITE, VIVIBLE FURNITURE OR APPLICATION WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF THE VIVIBLE FURNITURE, AS WELL AS ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE OR APPLICATION WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE WEBSITE, VIVIBLE FURNITURE OR APPLICATION WILL BE CORRECTED, OR (F) THE WEBSITE, APPLICATION OR THE SERVER(S) THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE WEBSITE, VIVIBLE FURNITURE AND APPLICATION IS PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CONFORMANCE WITH DESCRIPTION OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY THE COMPANY. THE COMPANY MAKES NO REPRESENTATION, WARRANTIES, OR GUARANTEES AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF VIVIBLE FURNITURE, AS WELL AS ANY SERVICES, PRODUCTS OR GOODS OBTAINED BY THIRD PARTIES THROUGH THE USE OF THE WEBSITE, VIVIBLE FURNITURE OR APPLICATION. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE WEBSITE, APPLICATION AND VIVIBLE FURNITURE, AND ANY THIRD PARTY SERVICES OR PRODUCTS REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

ADDITIONALLY, THE COMPANY MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE SUITABILITY OF ANY VIVIBLE FURNITURE ITEMS FOR ANY PARTICULAR ACTIVITY, AND SHALL NOT BE LIABLE IN ANY WAY FOR SUCH ACTIVITIES.

THE COMPANY MAKES NO REPRESENTATION OR WARRANTY THAT FURNISHING A SPACE WITH VIVIBLE FURNITURE WILL RESULT IN HIGHER RENTS OR FASTER LEASE-UP TIMES FOR PARTNER(S).

THE COMPANY MAKES NO REPRESENTATION REGARDING THE SUITABILITY OF VIVIBLE FURNITURE FOR ANY PARTICULAR SPACE LAYOUT, INCLUSIVE OF SUITABILITY FOR ANY ELECTRICAL, CABLING, AND PLUMBING CONNECTIONS. THE COMPANY WILL NOT BE RESPONSIBLE FOR ISSUES OR MISTAKES ARISING FROM INACCURACIES IN USER-PROVIDED FLOOR PLANS.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

16. Internet Delays

The Website and Application may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. The Company is not responsible for any delays, delivery failures, or other damages of whatsoever nature resulting from such problems.

17. Limitation of Liability

IN NO EVENT SHALL THE COMPANY OR ITS LICENSORS’ AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF (OR INABILITY TO USE) VIVIBLE FURNITURE, THE WEBSITE OR APPLICATION EXCEED THE AMOUNTS ACTUALLY PAID BY YOU TO THE COMPANY IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM OR THE AMOUNT OF ONE HUNDRED US DOLLARS ($100), WHICHEVER IS GREATER. IN NO EVENT SHALL THE COMPANY AND/OR ITS LICENSORS BE LIABLE TO YOU FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE). THE COMPANY AND/OR ITS LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE WEBSITE, VIVIBLE FURNITURE, OR THE APPLICATION, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE WEBSITE, VIVIBLE FURNITURE, OR APPLICATION, ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTY SERVICE PROVIDER, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON OR WITHIN THE WEBSITE OR APPLICATION. THE FOREGOING EXCLUSIONS SHALL APPLY EVEN IF THE COMPANY AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING VIVIBLE FURNITURE OFFERED VIA THE WEBSITE OR APPLICATION (WITH ALL ITS IMPLICATIONS) RESTS SOLELY WITH YOU. THE COMPANY WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY SUCH THIRD PARTIES AND YOU EXPRESSLY WAIVE AND RELEASE THE COMPANY TO THE MAXIMUM EXTENT ALLOWABLE UNDER APPLICABLE LAW, FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE WEBSITE, APPLICATION OR VIVIBLE FURNITURE, OR IN ANY WAY RELATED TO THE THIRD PARTIES INTRODUCED TO YOU BY THE WEBSITE, APPLICATION OR VIVIBLE FURNITURE. YOU EXPRESSLY WAIVE AND RELEASE ANY AND ALL RIGHTS AND BENEFITS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA (OR ANY ANALOGOUS LAW OF ANY OTHER STATE), WHICH READS AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR".

TO THE EXTENT APPLICABLE UNDER LOCAL LAW, NOTHING IN THIS AGREEMENT SHALL LIMIT THE COMPANY'S LIABILITY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY THE COMPANY'S NEGLIGENCE OR THE NEGLIGENCE OF ITS EMPLOYEES, OR (B) FOR FRAUD OR FRAUDULENT MISREPRESENTATION.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, THE COMPANY’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

18. Notice

The Company may give notice by means of email to your email address on record in the Company's account information, or by written communication sent by first class mail or pre-paid post to your address on record in the Company's account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice, and address any complaint or claim to the Company (such notice, complaint or claim shall be deemed given when received by the Company) at any time by means of email to hello@vivible.co.

19. Assignment

This Agreement may not be assigned by you (whether in whole or in part) without the prior written approval of the Company. This Agreement may be assigned without your consent (in whole or in part) by the Company, including to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger. Any purported assignment in violation of this section shall be void.

20. Controlling Law and Jurisdiction

You and Vivible agree to resolve disputes through final and binding arbitration, except as set forth under “Exceptions”, and unless You have opted-out of arbitration by following the procedure set forth below. You can decline this agreement to arbitrate within thirty (30) days of Your first use of the Site or the date on which You purchased or rented Vivible Furniture (whichever is later) by contacting hello@vivible.com in writing (including via email) clearly marked “Opt-out of Agreement to Arbitrate” that states that You decline this arbitration agreement.

If You do not opt out, You and Vivible each agree to submit to the personal and exclusive arbitration of any disputes arising out of or relating to Your use of the Site, including the purchase or rental of furniture, under the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (“AAA”). The arbitration shall be held in San Francisco, California and be governed by the laws of the State of California, without regard to the conflicts of law’s provisions therein.

You therefore acknowledge and understand that each of the following restrictions applies to any dispute You have with Vivible (including its employees, officers, agents, and advisors) arising out of or relating to Your use of the Site, Software Application, purchase or rental of any Vivible Furniture, or these Terms:

  • YOU AND VIVIBLE ARE EACH GIVING UP THE RIGHT TO A JURY TRIAL
  • YOU ARE GIVING UP YOUR RIGHT TO BRING A CLAIM IN A REPRESENTATIVE CAPACITY OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE

As an exception, Vivible may bring a lawsuit for injunctive relief to prevent and/or to stop (1) unauthorized use or abuse of the Site, (2) defamation, libel, or other false or misleading statements, or (3) any actual or threatened intellectual property infringement or unfair competition.

 

21. Export Control

By using the Website or Application, you represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

22. Termination

You agree that the Company, in its sole discretion and for any or no reason, may terminate any member or customer account (or any part thereof) you may have with the Company, and remove and discard all or any part of your account or any of your User Content, at any time. The Company may also in its sole discretion and at any time discontinue providing access to the Website, Application, Vivible Furniture (and its associated benefits) or any part thereof, with or without notice. You agree that any termination of your access to the Website, Vivible Space Application or any account you may have or portion thereof may be effected without prior notice, and you agree that the Company shall not be liable to you. These remedies are in addition to any other remedies Company may have at law or in equity.

You may terminate this Agreement at any time by ceasing all use of the Website and Vivible Furniture and requesting the Company to cancel your account via email sent to hello@vivible.co.

23. General

No joint venture, partnership, employment, or agency relationship exists between you, the Company or any third party provider as a result of this Agreement or use of the Website, Vivible Furniture or Application. If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. The failure of the Company to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing. This Agreement comprises the entire agreement between you and the Company and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein. Nothing in this Agreement allows any party who is not a party to this Agreement to have any rights under this Agreement nor be able to enforce this Agreement.

You have requested and agreed that this Agreement be drafted in English.

These Terms constitute the entire agreement between You and Vivible with respect to the Site and supersedes all prior or contemporaneous communications. Any rights not expressly granted herein are reserved.

You hereby agree to the terms and conditions contained in the present Agreement.