Terms and Conditions

Ownership of Site: Acceptance of Terms and Conditions
These Terms and Conditions of Use (the “Terms of Use”) apply to the Vivere Ltd web site located at www.vivereltd.com, and all associated sites linked to www.vivereltd.com by Vivere Ltd, its affiliates, including Vivere Ltd sites around the world (collectively, the “Site”). By using the Site, you agree to these Terms of Use; if you do not agree, do not use the Site. Vivere Ltd reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use for changes. Your use of the Site following the posting of changes will mean that you accept and agree to the changes.

Personal and Non-Commercial Use
As long as you comply with these Terms of Use, Vivere Ltd grants you a personal, non-exclusive privilege to enter and use the Site. You may not modify, distribute, transmit, reproduce, publish, license, plagiarise, transfer, or sell any information, software, goods, or services obtained from the Site.

Content
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, artwork, and code (collectively “Content”), including but not limited to the design, structure, selection, coordination, expression, and organization of such Content, contained on the Site is owned, controlled, or licensed by or to Vivere Ltd, and is protected by trade dress, copyright, patent, trademark laws, and intellectual property rights and competition laws. Except as explicitly provided in these Terms of Use, no part of the Site and no Content may be copied, imitated, republished, uploaded, posted, encoded, translated, communicated or distributed in any way to any server, Website, or medium for publication, circulation, or for any commercial enterprise, without Vivere Ltd’s express prior written consent.

You may use information on Vivere Ltd’s products and services purposely made available by Vivere Ltd for downloading from the Site, provided that you do not remove any trademarked language in all copies of such documents, do not use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, make no modifications to any such information, and do not make any additional representations or warranties relating to such documents.

Prohibited Uses
You agree not to use the Sites (including, without limitation, any materials or services you may obtain): (1) in a manner that violates any local, state, national, foreign, or international ruling, regulation, order, treaty, or other law (each a "Law"); (2) to stalk, harass, or harm another individual; (3) to imitate any person or entity or otherwise misrepresent your affiliation with said person or entity; (4) to interfere with or disrupt the Site, servers, or networks connected to the Site; (5) to attempt to gain unauthorized access to any portion of the Site or any other accounts, computer systems, or networks connected to the Sites, whether through hacking, password mining, or any other means; (6) to analyze, scan, or test the vulnerability of the Site or any network connected to the Site, breach the security, authentication measures, or any network connected to the Site. You may not reverse look-up or trace any information on any other user of or visitor to the Site, or any other customer of Vivere Ltd, including any Vivere Ltd account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal information, including but not limited to personal identification, other than your own information, as provided for by the Site; (7) to take any action that imposes an unreasonable or irrationally large load on the infrastructure of the Site or Vivere Ltd’s systems or networks, or any systems or networks connected to the Site or to Vivere Ltd; or (8) to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

Other Terms and Conditions
Additional Terms and Conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions, or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to accept such Terms and Conditions, including, where applicable, that you are of necessary legal age to use or participate in such feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the service.

Vivere Ltd may make changes to any goods or services offered on the Site, or to the applicable prices for any such goods or services, at any time, without notice. The materials on the Site with respect to goods and services may be out of date, and Vivere Ltd makes no commitment to update the materials on the Site with respect to such goods and services.

Accounts, Passwords, and Security
Certain features offered on or through the Site may require you to open an account (including setting up an ID and password). You are entirely responsible for maintaining the confidentiality of the information for your account and for any and all activity that occurs under your account as a result of your failing to keep this information confidential. You agree to alert Vivere Ltd immediately of any unauthorized use of your account or password, or any breach of security. You may be held liable for losses incurred by Vivere Ltd or any other user or visitor to the Site due to someone else using your Vivere Ltd ID, password, or account as a result of your failing to keep your account information confidential.

Privacy
Vivere Ltd’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. By using this Site, you acknowledge and agree that Internet transmissions are never completely secure. You understand that any message or information you send to this Site may be read or intercepted by others, even if there is a special notice that a particular transmission is encoded.

Links to Other Sites and to the Vivere Ltd Site
This Site may contain links to other third-party Websites (“Linked Sites”). These Linked Sites are provided merely as a convenience to our visitors. Such Linked Sites are not under Vivere Ltd’s control, and Vivere Ltd is not responsible for and does not authorize the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own conclusion regarding your interaction with these Linked Sites.

Disclaimers
Vivere Ltd does not promise that this Site or any content, good, service, or feature of this Site will be free of error, that any failings will be amended, or that your use of this Site will provide specific outcomes. This Site and its content are distributed on an as-is and as-available basis. Information that is provided on this Site is subject to change without any notice. Vivere Ltd cannot guarantee that any files or data you download from this Site will be free of viruses, contamination, or destructive features. Vivere Ltd disclaims all warranties, express or implied, including any warranties of accuracy and non-violation for a particular purpose. Vivere Ltd disclaims any and all accountability for the acts, oversights, and conduct of any third parties in connection with or related to this Site and or any Vivere Ltd goods and services. You assume total responsibility for your use of this Site and any Linked Sites. The sole resolution against Vivere Ltd for dissatisfaction with this Site or any content is to stop using this Site or any related content. This restriction is a part of the bargain between the parties.

The above disclaimer applies to any damages, responsibility, or injuries caused by failure of performance, error, omission, interruption, removal, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction of or unauthorized access to, modification of, or use, whether for breach of contract, wrongdoing, negligence or any other cause of action.

Vivere Ltd reserves the right to execute any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of Liability
Except where prohibited by law, in no event will Vivere Ltd be accountable for any indirect, incidental, or punitive damage, even if Vivere Ltd has been advised of the possibility of such damages.

Indemnity
You agree to indemnify and hold Vivere Ltd, its officers, directors, shareholders, successors in interest, employees both past and present, agents, and affiliates harmless from any demands, loss, liability, claims, or expenses made against Vivere Ltd by any third party due to or arising out of or in connection with your use of the Site.

Violation of These Terms of Use
Vivere Ltd may disclose any information we have about you if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site or to identify, contact, or bring legal action against someone who may be causing injury to or interference with Vivere Ltd’s rights or property, or the rights or property of visitors to or users of the Site, including Vivere Ltd’s customers. Vivere Ltd reserves the right at all times to disclose any information that Vivere Ltd deems necessary to comply with any applicable law, regulation, legal process, or governmental request. Vivere Ltd may disclose your information when Vivere Ltd determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes. You agree that Vivere Ltd may save any payment or communication by you with Vivere Ltd through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Vivere Ltd determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property, or personal safety of Vivere Ltd, its employees, users of or visitors to the Site, and the public.

You agree that Vivere Ltd may, in its sole discretion and without prior notice, dismiss your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, for which monetary damages would be inadequate, and you consent to Vivere Ltd obtaining any injunctive or rightful relief that Vivere Ltd deems necessary or appropriate in such circumstances.

You agree that Vivere Ltd may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes, and is not limited to, (1) requests by law enforcement or other government agencies, (2) discontinuance or material modification of the Site or any service offered on or through the Site, or (3) unexpected technical issues or problems.

If Vivere Ltd does take any legal action against you as a result of your violation of these Terms of Use, you agree to pay all attorneys’ fees and costs of such action, in addition to any other relief granted to Vivere Ltd. You agree that Vivere Ltd will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

Governing Law: Dispute Resolution
You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of Canada without regard to its conflicts of law provisions. You agree to the personal jurisdiction by and venue in the courts in Canada, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation. In the event of any controversy or dispute between Vivere Ltd and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within thirty (30) days, then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

Void Where Prohibited
Vivere Ltd administers and operates the www.vivereltd.com Site from its location in Canada. Although the Site is accessible worldwide, not all features, products, or promotions discussed, referenced, provided, or offered through or on the Site are available to all persons or in all geographic locations. Vivere Ltd reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product, or service to any person or geographic area. Any offer for any feature, product, or service made on the Site is void where prohibited. If you choose to access the Site from outside Canada, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

Miscellaneous
You may not use, export, or re-export any Content, copy, or adaptation of Content, products, or services offered on the Site, in violation of any applicable laws or regulations.

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void, such provisions shall be restricted or disregarded to the minimum extent necessary and replaced with a lawful provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the all-inclusive agreement between you and Vivere Ltd with regard to your use of the Site, and any and all other written or oral agreements or understandings previously standing between you and Vivere Ltd, with respect to such use are hereby superseded and cancelled. Vivere Ltd’s failure to maintain or enforce strict performance of these Terms of Use shall not be construed as a waiver by Vivere Ltd of any provision or any right it has to enforce these Terms of Use, nor shall any behaviour between Vivere Ltd and you or any other party be considered to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

Vivere Ltd provides access to Vivere Ltd international data and, therefore, may contain references or cross references to Vivere Ltd products, services, and promotions that are not announced in your country. Such reference does not imply that Vivere Ltd in your country intends to announce such products, services, or promotions.

Feedback and Information
Any feedback you provide at this Site is non-confidential. Vivere Ltd is free to use such information on an unrestricted basis.