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Terms Of Use

WELCOME TO VIVAIODAYS.COM
Thank you for visiting the website for VIVAIODAYS.COM (“VIVAIO”).  Throughout the site, the terms "we", "us" and "our" refer to VIVAIO. VIVAIO offers this Web site, including all information, tools and services available from this site, to you, the user, conditioned upon your acceptance of all the terms, conditions, policies and notices stated here. Your continued use of this site constitutes your agreement to these Terms of Use. Because this page contains legal obligations (including limitations on liability and arbitration provisions), please read them carefully.

By Registering with VIVAIODAYS.COM, you are agreeing to our Terms of Use, Refund Policy and Privacy Policy. You understand that we do not refund proceeds donated to assist VIVAIO CHILDREN.

How does ViVAiODAYS.COM work?
VIVAIODAYS.COM,  (pronounced viv-vai-o-days and means "nursery" in Italian) is a unique virtual  sharing and shopping experience  that features a curated collection of high-quality, sustainably sourced products for young families. When you shop with Vivaiodays.com, you will not only be protecting the planet, you are making a difference for your family and families around the world.

For every $20 you spend, your VIVAIO CHILD gets one VIVAIO DAY, a day of school including healthcare and school meals.  In other words, we give you a creative and fun opportunity to help underprivileged children get a better shot at a brighter future.  In order to ensure that we also don’t have to fund our lawyers, your use of this site is governed by these terms and conditions.

1. Changes

We reserve the right, in our sole discretion, to change these Terms of Use at any time by posting revised terms on the site. It is your responsibility to check periodically for any changes we may make to these Terms of Use. Your continued use of this site following the posting of changes to these Terms of Use or other policies means you accept the changes. In the event we make material changes to the Terms of Use, notice of these changes will be posted on the homepage of this Web site and the revised Terms of Use will take effect thirty days after their publication on this site.

2. Use of the Site

You may use VIVAIO only in accordance with and subject to these Terms of Use and VIVAIO's Privacy Policy. Once you complete and submit your registration you have opted-in to receive email communication from us. You may not use VIVAIO for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity of other activity which infringes the rights of VIVAIO or any others.
You may be required to sign up for an account, and select a password and user name (“User ID”). You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.
You represent and warrant that you are of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf). [if you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).

IN ADDITION TO PEOPLE LACKING THE CAPACITY TO FORM A LEGAL CONTRACT, VIVAIO MAY NOT BE USED BY ANYONE CONVICTED OF ANY OFFENSE INVOLVING MINORS AND/OR SEX TRAFFICKING.
You will only use VIVAIO for your own internal, personal use (and you may not leverage VIVAIO as a separate business), and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of VIVAIO is prohibited by applicable laws, then you aren’t authorized to use VIVAIO. We can’t and won’t be responsible for your using VIVAIO in a way that breaks the law. You will not share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account.
Notwithstanding any other rights or restrictions in these Terms of Use, you may not use this Site to: (i) transmit via or through VIVAIO any information, data, text, images, files, links, or software except in connection with your authorized use of this Site or otherwise in response to specific requests for information by us; (ii) introduce to VIVAIO or any other computer or website viruses, worms, Trojan horses and /or harmful codes; (iii) obtain unauthorized access to any computer system; (iv) impersonate any other person including but not limited to, a registered user of this Site or an employee of VIVAIO; (v) invade the privacy or violate any personal or proprietary right, including intellectual property rights, of any person or entity; (vi) misrepresent the identity of a user or use a false e-mail address; (vii) tamper with or obtain access to this Site or any component of this Site; (ix) conduct fraudulent activities or violate any law or regulation; (x) collect or harvest information regarding other users of VIVAIO for any reason whatsoever, including, without limitation, for sending such users unsolicited commercial email.


3. Accuracy, Completeness and Timeliness of Information on This Site
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information necessarily is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on the site. You agree that it is your responsibility to monitor changes to the site.

4. Orders, Prohibition on Reselling, and Price

The information on this site does not constitute a binding offer to sell products described on the site or to make such products available in your area. We reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, in our sole discretion, even after your receipt of an order confirmation or after your credit card has been charged. You may not purchase any item from this site for resale by you or any other person, and you may not resell any item purchased from this site. The prices displayed on the site are quoted in U.S. dollars and are intended to be valid and effective only in the United States. In the event a product is listed at an incorrect price, we have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed or your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will issue a credit to your credit card account.

Risk of Loss

The items purchased from our Site are shipped by a third party carrier pursuant to a shipment contract. As a result, risk of loss and title for such items pass to you upon our delivery to the carrier.

5. Return Policy

 

Return Address:
VIVAIODAYS.COM 1140 23rd str. #1 Santa Monica, CA

Timing and Condition
All returns must (i) be received within 7 days of the order receive day; (ii) in their original packaging; (iii) unused; and (iv) with the receipt of purchase.  For returns please send email: support@vivaiodays.com or call (310) 453 0137


6. VIVAIO IP Rights
All content on this site (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof), is the exclusive property of and owned by VIVAIO, its licensors or its content providers and is protected by copyright, trademark and other applicable laws. You may access, copy, download and print the material contained on the site for your personal non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the material you access, copy, download or print. Any other use of content on the site, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the site, or use of the site for purposes competitive to VIVAIO, is expressly prohibited. VIVAIO, or its licensors or content providers, retain full and complete title to the material provided on the site, including all associated intellectual property rights, and provide this material to you under a license that is revocable at any time in our sole discretion.

Trademarks, logos and service marks displayed on this site are registered and unregistered trademarks of VIVAIO, its licensors or content providers, or other third parties. All of these trademarks, logos and service marks are the property of their respective owners. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner's prior written permission, except as otherwise described herein. VIVAIO reserves all rights not expressly granted in and to the site and its content. This site and all of its content, including but not limited to text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software along with the selection and arrangement thereof, is protected as a compilation under the copyright laws of the United States and other countries.


7. DMCA Notice

Pursuant to the Digital Millennium Copyright Act (DMCA) Safe Harbor (17 U.S.C. § 512(c), if you believe that anything on this site or service offered therein infringes any copyright that you own or control, you may file a notice of such infringement, in compliance with the requirements of 17 U.S.C. § 512(c)(3), with our designated agent: [insert mailing and email address].  A copy of this legal notice may be sent to a third-party that may publish and/or annotate it. As such, your letter (with your personal information removed) may be forwarded to the Chilling Effects Clearinghouse for publication.

8. Foreign Users 

VIVAIO makes no representation that materials in this website are appropriate or available for use in other locations. If you access this website from outside the United States, please understand that this website may contain references and/or links to products and services that are not available or are prohibited in your jurisdiction.  Any user who is a resident of a foreign country agrees that (i) they have voluntary sought and established contact with VIVAIO, (ii) they will not use, transmit, disseminate or upload any material, content, that would violate any applicable local, state or national laws or regulations of the foreign member’s country of residence; (iii) under no circumstance shall VIVAIO  be deemed liable under any laws other than the United States; (iv) his or her participation is governed by United States law and subject to the arbitration and venue provisions stated herein; and (v) consent to having their data processed in the United States.

Residents of Quebec/ Les Habitants de Québec:

The parties declare that they have required that these Terms of Use and all documents related hereto, either present or future, be drawn up in the English language only.
Les parties déclarent par les présentes qu’ils exigent que cette entente et tous les documents y afférents, soit pour le présent ou l’avenir, soient rédigés en langue anglaise seulement.

9. Links
This site may contain links to other Web sites. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein.  VIVAIO has not necessarily reviewed all the information on those other sites and is not responsible for the content of those or any other sites or any products or services that may be offered through those or any other sites. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. Different terms and conditions may apply to your use of any linked sites. VIVAIO is not responsible for any losses, damages or any other liabilities incurred as a result of your use of any linked sites.

10. Disclaimers

THIS SITE IS PROVIDED BY VIVAIO ON AN "AS IS" AND "AS AVAILABLE" BASIS. MISSION PROPERTY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MISSION PROPERTY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. VIVAIO DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM VIVAIO ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. VIVAIO WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
IN NO EVENT SHALL VIVAIO OR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE (WHETHER IN AN ACTION ARISING FROM CONTRACT OR TORT) FOR
(i)  INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF VIVAIO  HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY OTHER MATTER RELATING TO THIS WEBSITE AND/OR GOODS AND SERVICES OFFERED THEREBY,
(ii)  ANY DISCLOSURE OF INFORMATION PROVIDED TO VIVAIO (EVEN IF SUCH DISCLOSURE IS CAUSED BY THE NEGLIGENCE OF VIVAIO ), EXCEPT TO THE EXTENT THAT SUCH IMPROPER DISCLOSURE IS DIRECTLY CAUSED BY THE INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OF VIVAIO .
(iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE;
(iv) THE OCCURRENCE OF A FORCE MAJEURE EVENT INCLUDING, ACTS OF NATURE, FORCES, OR CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS; RIOTS, ACTS OF WAR, TERRORISM, INSURRECTION, REBELLION OR EMBARGO; or CREDIBLE THREATS OF ANY OF THE ABOVE; and/or
(v)  ANY OTHER MATTER RELATING TO THE SITE HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE).
IN NO EVENT SHALL VIVAIO ’S TOTAL LIABILTY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OTHERWISE EXCEED THE LESSER OF THE AMOUNT PAID FOR ANY SERVICE IN QUESTION OR FIFTY U.S. DOLLARS ($50). THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, OUR LIABILITY IN SUCH JURISDICTION SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

11. Indemnification

You agree to indemnify, defend and hold harmless VIVAIO and its affiliates and their officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from your use of the site and any violation of these Terms of Use and/or Privacy Policy. If you cause a technical disruption of the site or the systems transmitting the site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from that disruption. VIVAIO reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with VIVAIO in the defense of such matter.

12. Choice of Law/Arbitration


Choice of Law
This Agreement shall be governed by the laws of the State of California without reference to its conflict of laws principles (but excluding Section 1283.1 of the California Code of Civil Procedure and the United Nations Convention on Contracts for the International Sale of Goods). 

Arbitration
Any dispute, controversy or other claim arising out of this Agreement shall be resolved by arbitration conducted in English in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association ("AAA"), as modified by this section. For any claim where the total amount of the award sought is $10,000 or less: (a) the arbitration shall be conducted solely based on telephone or online appearances and/or written submissions; and (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. If the claim exceeds $10,000, the right to a hearing will be determined by the AAA rules, and the hearing (if any) must take place in Los Angeles, California.  You hereby consent to such exclusive venue and jurisdiction of the AAA and state and federal courts serving Los Angeles County, California.  Unless otherwise agreed by the parties, the arbitration panel shall consist of one arbitrator chosen in accordance with the rules of the AAA.  Any such arbitrator shall be knowledgeable in the subject area in which the dispute arises.  All discovery shall be completed within forty-five (45) days following the appointment of the arbitrator.  Each party shall be entitled to representation by counsel, to appear and present written and oral evidence and argument and to cross-examine witnesses presented by the other party, provided that, where appropriate, the arbitrator may receive testimony via telephone, video or other electronic means of communication.  The arbitration award shall be in writing and the arbitrator shall provide written reasons for the award.  The award of the arbitrator shall be final and binding on the parties hereto and may be enforced in any court of competent jurisdiction.  The prevailing party in any action or proceeding to enforce its rights hereunder shall be entitled to recover reasonable attorneys’ fees and other reasonable costs, including fees of the arbitrator and the AAA, incurred in the action or proceedings.  For purposes hereof, prevailing party is defined as the party whose last settlement proposal prior to hearing in this matter is closest to the final decision. In no event shall the arbiter award punitive or exemplary damages.   The parties waive any right they may have to an appeal of the arbitrator’s decision and/or award.  Each party retains the right to seek judicial assistance: (i) to compel arbitration, (ii) to obtain interim measures of protection prior to or pending arbitration, (iii) to seek injunctive relief in the courts of any jurisdiction as may be necessary and appropriate to protect the unauthorized disclosure of its proprietary or confidential information; (iv) to pursue claims within the jurisdictional limit of Los Angeles County Small Claims court; (v) for any claims of infringement or misappropriation of VIVAIO’s patent, copyright, trademark, or trade secrets; and (v) to enforce any decision of the arbitrator, including the final award. 

Prior Notice of Claim
For all disputes you may have, whether pursued in court or arbitration, you must first give VIVAIO an opportunity to resolve the dispute by providing written notification to [support@vivaiodays.com] and via postal mail to [5SENCO INC, 1140 23rd str. #1 SANTA MONICA CA 90403, stating (i) your name, (ii) your address, (iii) a written description of your Claim, and (iv) a description of the specific relief you seek. If VIVAIO does not resolve the Dispute within 30 days after it receives your written notification, you may pursue your dispute as set forth above


13. Binding Agreement

This Agreement constitutes the entire agreement between VIVAIO and you concerning your use of the Website and supersedes all prior agreements (if any). A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
In the event that any one or more of the provisions contained herein shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions of this agreement.  In such an event, this agreement shall
be construed as if such invalid, illegal or unenforceable provisions had never been contained herein, unless the deletion of such provision or provisions would result in such a material change so as to cause completion of the transactions contemplated herein to be unreasonable.

14. Notice for California Users

Under California Civil Code Section 1789.3, California Website users are entitled to know that they may file grievances and complaints with: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210, or by email at dca@dca.ca.gov.


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