Terms & Conditions for Vendor Information Verification Experts, LLC (VIVE)

Canada

Effective Date (Last Updated): August 29, 2020

Introduction

These Terms and Conditions ("Terms") govern your relationship with the public website and private web portal accessible at: GetVived.com (collectively, the "Sites") operated by Vendor Information Verification Experts, LLC ("VIVE", "us", "we", or "our"). Please read these Terms carefully before using the Sites.

These Terms will be applied fully and affect your use of the Sites. By using the Sites, you agree to and accept these Terms. You must not use the Sites if you disagree with any of these Terms.

Minors or people below the age of 18 are not allowed to use the Sites.

Modifications to the Terms and to the Sites

We reserve the right in our sole discretion to revise and update these Terms from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Sites. If required by law, we will provide notice of material changes to these Terms by posting a notice on the Sites and/or sending you an email if you have consented to receiving communications from us. You agree to periodically review the Terms in order to be aware of any such modifications and your continued use shall be your acceptance of these.

The information and material on the Sites, and the Sites, may be changed, withdrawn or terminated at any time in our sole discretion without prior notice or liability, for any reason whatsoever. We will not be liable if, for any reason, all or any part of the Sites are restricted to users or unavailable at any time or for any period. These Terms shall survive termination. Upon termination, your right to use the Sites will immediately cease.

Privacy

VIVE is committed to protecting the privacy of your personal information. By using the Sites, you accept and agree to our Privacy Policy, which also governs your use of the Sites.

What is this Service?

Services provided by VIVE facilitate the sharing of certain vendor information to VIVE's clients for whom the vendor provides various goods and/or services or with whom the vendor has another business relationship (such as association or a property management company by which you have been paid). This service provides a secure online registration portal wherein a vendor may submit insurance certificates, compliance paperwork and information for VIVE to review, scan, and host in a secure database. The database is a tool used by VIVE and VIVE's clients to facilitate the service. All information submitted by you, the vendor, will be reviewed by VIVE for completeness and for compliance with the client's terms. This service may also provide or involve data obtained from third-parties, such as sites utilized for verifying public database searches, trade & professional license verification, etc. VIVE makes no representations as to the accuracy or completeness of any third-party information utilized in facilitating this service.

You, the vendor, grants VIVE the right, without any charge whatsoever, to collect, verify, store, and analyze compliance information relating to you, and to generate, use or distribute your information to clients of VIVE.

Communication

By creating your account with VIVE's web portal, you agree that VIVE has the ability to communicate to you via email for the purposes of informing you, the user, that certain actions have occurred, informing you of necessary action(s) that need to be addressed, annual registration notices, etc.

VIVE email notifications from the web portal are not solicitations and are essential to maintaining a direct line of communication with its users. Therefore, all active users of the Sites agree that by using the services and the Sites, you also agree to receive email communications from us. You consent that all agreements, notices, disclosures, and other communications that we provide to you electronically will satisfy any legal requirement that such communications be in writing. You may withdraw your consent to receive communications from us electronically by stopping your use of the services and the Sites and contacting us.

Intellectual Property Rights

The Sites and all contents, features, and functionality, including but not limited to all information, software, text, images, logos, button icons, graphics, audio clips, digital downloads or code are owned by and are the property of VIVE or our content suppliers and are protected by intellectual property laws, including without limitation, copyright, trademarks, database and other intellectual property rights. All rights on the Sites are reserved worldwide. These Terms do not grant you a license to use any intellectual property of VIVE and you are not permitted to modify copies of any materials from the Sites nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Sites.

You agree not to infringe any of the title, ownership, and intellectual property rights of VIVE. You hereby indemnify VIVE to the extent of any breach of intellectual property rights by or through your use of the Sites. All rights not otherwise claimed under the Terms or by VIVE are hereby reserved.

Restrictions

As a condition of your access and use, you agree that you may use the Sites only for lawful purposes and in accordance with these Terms.

You are specifically restricted from, directly or indirectly, all of the following:

• publishing any material from the Sites in any other media;
• selling, sublicensing and/or otherwise commercializing any material from the Sites;
• publicly performing and/or showing any material from the Sites;
• using the Sites in any way that is or may be damaging to the Sites;
• using the Sites contrary to applicable laws and regulations, or in any way may cause harm to the Sites, or to any person(s) or business entity;
• engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to the Sites;
• using the Sites to engage in any advertising or marketing; and
• submitting or uploading illicit or pornographic content to VIVE's web portal.

Certain areas of the Sites are restricted from being accessed by you and VIVE may further restrict access by you to any areas of the Sites, at any time, at VIVE's discretion. Any user identification and/or password you may have for the Sites are confidential and you must maintain confidentiality as well.

Your Content

In these Terms, "your content" shall mean any audio, video, text, images, text data entry, certificates of insurance files, trade license files, business logos and/or other material you choose to enter, submit, upload to store and display on the Sites. By submitting or displaying your content, you grant VIVE a non-exclusive, worldwide, irrevocable, sub-licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.

Your content must be your own and must not be violating any third-party's rights. By submitting your content, you represent and warrant that you own or have the necessary rights to submit your content. We are not responsible or legally liable to any third-party for your content or accuracy of any of your content submitted by you or any other user of the Sites. VIVE reserves the right to remove any of your content from the Sites at any time without notice.

No Refund Policy

VIVE does not refund any fees for any reason. All fees paid by vendor and processed in the VIVE web portal will be retained by VIVE in full.

No Reliance

The content on the Sites is provided for general information purposes only. It is not intended to amount to advice on which you should rely. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the content on the Sites.

Although we make reasonable efforts to update the information on our Sites, we make no representations, warranties or guarantees, whether express or implied, that the content on our Sites is accurate, complete or up to date. Your use of the Sites is at your own risk.

Third-Party Websites

For your convenience, the Sites may provide links or pointers to third-party sites. We make no representations about any other websites that may be accessed from the Sites. If you choose to access any such sites, you do so at your own risk. We have no control over the contents of any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites.

Disclaimer of Warranties

You understand and agree that your use of the Sites, their content, and any services or items found or attained through the Sites is at your own risk. The Sites, their content, and any services or items found or attained through the Sites are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

Neither VIVE nor its affiliates or their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers or successors make any warranty, representation or endorsement with respect to the completeness, security, reliability, suitability, accuracy, currency or availability of the Sites or their contents. Without limiting the foregoing, neither VIVE nor its affiliates or their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers or successors represent or warrant that the Sites, their content, or any services or items found or attained through the Sites will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the Sites or the server that makes it available are free of viruses or other harmful components.

We cannot and do not guarantee or warrant that files or data available for downloading from the internet or the Sites will be free of viruses or other destructive code. You are solely and entirely responsible for your use of the Sites and your computer, internet and data security. To the fullest extent provided by law, we will not be liable for any loss or damage caused by denial-of-service attack, distributed denial-of-service attack, overloading, flooding, mailbombing or crashing, viruses, trojan horses, worms, logic bombs, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Sites or any services or items found or attained through the Sites or to your downloading of any material posted on it, or on any website linked to it.

Limitation of liability

Except where such exclusions are prohibited by law, under no circumstance will VIVE, its affiliates or their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors be liable for negligence, gross negligence, negligent misrepresentation, fundamental breach, damages of any kind, under any legal theory, including any direct, indirect, special, incidental, consequential, or punitive damages, including, but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, breach of privacy or otherwise, even if the party was allegedly advised or had reason to know, arising out of or in connection with your use, or inability to use, or reliance on, the Sites, any linked websites or such other third-party websites, nor any of the Sites content, materials, posting or information thereon even if the party was allegedly advised or had reason to know.

Indemnification

You hereby indemnify, defend and hold harmless VIVE and its affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers and successors, to the fullest extent permitted by applicable law, from and against any and/or all claims, losses, liabilities, costs, demands, causes of action, damages or expenses, including reasonable legal fees and expenses, arising in any way related to your use of the Sites or from your breach of any of these Terms.

Waiver

No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from these Terms operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Assignment

VIVE is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. You may not assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

Severability

If any term or provision of these Terms is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction.

Entire Agreement

These Terms constitute the sole and entire agreement between VIVE and you in relation to your use of the Sites, and supersedes all prior agreements and understandings.

Governing Laws & Jurisdiction

These Terms will be governed by and interpreted in accordance with the laws of the State of Michigan, United States of America, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Michigan for the resolution of any disputes.

Contact Us

If you have any questions about these Terms, please contact us at +1 844-476-8038.