Welcome, and thank you for your interest in Vie, Inc. (referred to throughout as “Vie“, “we”, “us”, “our”, “the Company”, etc.) the owner and operator of www.viesports.com the website, an online social competition platform designed for individuals including athletes, celebrities, social influencers and organizations and any other registered users of the services to create challenges and campaigns for fun, awards, sweepstake prizes and fundraising activities for charities. These Terms of Service of Use are a legally binding contract between you and Vie regarding your use of the Service and apply to the www.viesports.com website, any subdomains thereof, any API integrations, apps, or widgets we offer, and any other website or web pages we own or operate that include a link to this statement, along with the services offered thereon (together collectively referred to as the “Site”).
Subscribers, customers, users, third parties acting on behalf of users, and/or others who download, use, purchase, subscribe, aggregate data, information, or content available on or via the Site, or otherwise interface with or access the Site (collectively or individually “you” “user” or “users”) must do so under these Terms.
THIS AGREEMENT WAS WRITTEN IN ENGLISH. TO THE EXTENT A TRANSLATED VERSION OF THE TERMS CONFLICT WITH THE ENGLISH VERSION, THE ENGLISH VERSION CONTROLS.
The Site is available for individuals aged 13 years or older. If a user is 13 or older but under the age of 18, then such user agrees to review the agreement with his or her parent(s) or guardian(s) to ensure that both the user and parent(s) or guardian(s) understand and consent to the agreement and that the user and his or her parent(s) or guardian(s) review and accept the agreement on the user‘s behalf through our registration process. If the reader of the agreement is a parent or guardian entering this agreement for the benefit of a minor 13 or older, then the parent or guardian agrees and accepts full responsibility for his or her child's use of the site and/or services, including all financial charges and legal liability that such child may incur.
If you do not wish to use the Site in accordance with these Terms, you should immediately discontinue using the Site.
2.1 Updates & Modifications. We reserve the right, at our discretion, to change these terms on a going-forward basis at any time. Please check these terms periodically for changes. In the event that a change to these Terms materially modifies your rights or obligations, you will be required to accept such modified terms in order to continue to use the service. Amendments will only apply prospectively.
A given amendment will not apply to claims arising before, or arising from facts occurring before, the point in time when that amendment was published to the Site. We will let you know when the Terms have been updated or modified by publishing the date of the last amendment at the top of this page. You agree that this method of notice is sufficient and that you will regularly check these Terms for updates or changes.
To access most features of the Service, you must register for an account either directly with Vie or by allowing us to access certain information about you through an Integrated Service (e.g., Facebook). If you register for an account, you may be required to provide us with some information about yourself (the same kind of information we would obtain from the Integrated Service such as your e-mail address or other contact information). You agree that the information you provide to us or allow us to access is accurate and that you will keep it accurate and up-to-date at all times. If you register for an account with Vie, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, then you must immediately notify us at email@example.com.
Access to the Service, or to certain features of the Service, may require Users (individuals, for-profit and non-profit organizations) to pay transaction fees 10%, subscription fees 0% or payment processing fees 2.9% + $.30 per transaction. Before you are required to pay any fees, you will have an opportunity to review and accept the applicable fees that you will be charged. All fees are in U.S. Dollars and are non-refundable.
Vie may change the fees for the Service or any feature of the Service, including by adding additional fees or charges, on a going-forward basis at any time. Vie or its third party payment processor(s) will charge the payment method you specify at the time of purchase.
You authorize Vie or its third party payment processor(s) to charge all sums described herein to such payment method. If you pay any applicable fees with a credit card, Vie may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
5.1 User Warranties. By accessing, using, or registering with the Site, you represent, warrant, and irrevocably covenant that: You are solely responsible for your User Content and the consequences of posting or publishing User Content or linking the Service to an Integrated Service.
You affirm, represent, and warrant that: you are the creator and owner of, or have the necessary licenses, rights, consents, and permissions to use and to authorize Vie and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section 5 and in the manner contemplated by Vie and th ese Terms; and your User Content, and the use thereof as contemplated herein, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; or (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person. You are at least 13 years of age if you are using the Site and have the consent of a parent or legal guardian if you are under 18 years of age.
6.1 IP Protection. The Site is owned and operated by us. Our software, content, visual interfaces, information, graphics, design, compilation, computer code, online platform, products, software, services, including, but not limited to, the mobile device applications, and all other elements of the Site (collectively, the "Materials") are protected by United States copyright, trade dress, patent, and trademark laws, international laws and conventions, and all other relevant intellectual property and proprietary rights, and applicable laws.
All materials and components contained on the Site are our property and/or that of our third-party licensors. All trademarks, service marks, and trade names displayed on the Services are proprietary to us and/or our third-party licensors. Except as expressly authorized by us, any and all Users agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.
6.2 Prohibited Activities. You agree to use the Site and the features and services provided through the Site only as they are obviously intended to be used. All other uses are strictly prohibited. You agree not to (and not to encourage a third party to) disassemble, reverse engineer, or otherwise attempt to discover, copy, or transmit, any source code underlying the Site or the software, features, or services provided therein.
6.3 User Content.
(i) he or she is solely responsible for the transmission, accuracy, completeness, and publication of that User Content; and
(ii) he or she controls all of the rights to that User Content and that it neither does nor will infringe or violate the rights of any third party; and
(iii) we bear no responsibility, legal or otherwise, for that User Content.
6.3.2 Prohibited User Conduct and Content. You may not post User Content on the Site that:
(i) is patently offensive, indecent, objectionable and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
(ii) involves pornography or other sexual content;
(iii) is graphic, perverse or sensitive content;
(ii) harasses or advocates harassment of another person;
(iii) provides any telephone numbers, street addresses, last names or email addresses of any third party without his/her permission;
(iv) promotes information that a User knows is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
(vi) violates any intellectual property or other proprietary right of any third party, including User Content that promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
(vii) violates any state and/or federal law, including but not limited to those regarding nonprofit fundraising; (viii) involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
(ix) furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
(x) solicits passwords or personal identifying information for commercial or unlawful purposes from other members;
(xi) involves commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes;
(xii) includes a photograph of another person posted without that person's consent or, in the case of children under the age of eighteen (18), parental consent, or otherwise constitutes an invasion of an individual‘s privacy or infringement of publicity rights; or
(xiii) contains a virus, adware, spyware, worms or other harmful, malicious code.
(xiv) promotes use of the Site features and content that can knowingly, or unknowingly cause physical or emotional harm to themselves or third-party.
6.3.3 User Content License. When you transmit or otherwise supply User Content to us, or otherwise make such User Content available on or through the Site, you expressly grant us, and agree to grant us at the time of the creation of such User Content, a royaltyfree, world-wide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, display, translate, or distribute such User Content in any form, media, and/or technology, whether now known or hereafter created, for any purpose, including but not limited to commercial purposes, advertising, and/or otherwise.
You further agree that when you post User Content to the Site, you waive any and all “moral rights” in that User Content. Moreover, you authorize and direct us to make such copies of that User Content as we deem necessary in order to facilitate its posting and storage.
We do not assert any real ownership over User Content. Rather, subject to the rights granted to us in these Terms, the user retains full ownership of any and all of his or her User Content and any intellectual property rights or other proprietary rights associated with said User Content. The license ends when you delete your Content or your account unless your Content has been shared with others, and they have not deleted it.
6.3.4 Review of User Content. We do not actively monitor, review, or edit User Content posted, or otherwise made available by a user on the Site. Accordingly, by consenting to the Terms, a user understands and acknowledges that when he or she accesses or otherwise uses the Site, he or she may be exposed to User Content from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content.
Further, a User must understand and acknowledge that he or she may be exposed to User Content that is inaccurate, offensive, indecent or objectionable, and he or she agrees to waive, and hereby does waive, any legal or equitable rights or remedies he or she may have against us with respect thereto.
We, however, reserve the right, in our sole discretion, to edit, remove, and/or refuse to publish any User Content, in whole or part that we determine does not comply with these Terms, is unlawful, or is otherwise undesirable, objectionable, inappropriate or inaccurate in our sole discretion. Moreover, we are not responsible for any decision, absence of any decision, or delay in the revision or removal of any User Content we determine to be unsuitable.
7.1 International Use. This Site is not intended for use by nonprofit organizations organized under the laws of countries other than those of the United States of America. You represent, warrant, and irrevocably covenant that you will refrain from making financial transactions through the Site if you (i) are located in a country embargoed by the United States or (ii) are on the U.S. Treasury Department’s list of Specially Designated Nationals. If you choose to use this Site, you are solely responsible for compliance with all applicable local laws and you consent to having your data transferred, processed, and stored in the United States.
8.1 Charitable Solicitation. We provide an accessible platform for nonprofit organizations to raise awareness about their particular causes and, if they choose, to raise funds to support those causes. We do not endorse or represent any of the nonprofit organizations on this Site and do not solicit on their behalf. Nor do we plan, manage, advise, counsel, consult, or prepare any materials for, or with respect to, the solicitation of charitable contributions. Compliance with federal, state and local laws regarding charitable solicitation is the sole responsibility of the nonprofit organizations using the Site.
9.2 Contest and Competition Rules. Rules for a given challenge or competition on the Site will be posted in connection with such contest/competition.
9.3 Digital Millennium Copyright Act Compliance Policy. It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. In addition, we will promptly terminate without notice the accounts of Users that are determined by Academy to be "repeat infringers.” A repeat infringer is a User who has been notified by us of infringing activity violations more than twice and/or who has had User Content removed from the Site more than twice.
Copyright owners who believe that any content on the Site infringes upon their copyrights are encouraged to submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA"). Said notification should be sent to us at:
840 Donna Drive
Incline Village, NV 89451-9107
and should include the following in writing:
(i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by a single notification, a representative list of such works;
(iii) 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 us to locate the material;
(iv) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (v) 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 (for example, "I am under the good faith belief that the use of the copyrighted content that is identified herein is not authorized by the copyright owner, its agent, or the law."); and
(vi) 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 (for example, "I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner, or authorized to act on behalf of the copyright owner, of the copyright(s) that is allegedly infringed by the aforementioned content.").
A copyright owner acknowledges that if he or she fails to comply with all of the requirements of this section, his or her DMCA notice may not be valid. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
9.4 Repeat Infringers. Vie will promptly terminate without notice the accounts of users that are determined by Vie to be “repeat infringers.” A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had User Content removed from the Service more than twice.
Vie may provide tools through the Service that enable you to export information,including User Content, to third party services, including through features that allow youto link your account on Vie with an account on an Integrated Service, or through ourimplementation of third party buttons (such as “like” or “share” buttons). By using thesetools, you agree that we may transfer such information to the applicable third-partyservice. Such third party services are not under our control, and we are not responsible fortheir use of your exported information. The Service may also contain links to third-partywebsites. Such linked websites are not under our control, and we are not responsible fortheir content.
11.1 Availability of Service. As the provider of the Site, we reserve the right to discontinue (i) the Site, in whole or in part, (ii) any features or services provided by or through the Site, or (iii) your account with the Site, for any or no reason, without notice to you. If you violate any provision of these Terms, your permission to use the Service will terminate automatically.
We will have no liability whatsoever on account of any change to the Service or any suspension or termination of your access to or use of the Service. You may terminate your account at any time by contacting customer service at firstname.lastname@example.org. If you terminate your account, you will remain obligated to pay all outstanding fees, if any, relating to your use of the Service incurred prior to termination.
You agree that you will be responsible for your use of the Service, and you agree to defend, indemnify, and hold harmless Vie and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (collectively, the “Vie Entities”) from and against any and all claims, liabilities, damages, losses, expenses, and costs and damage to property or personal injury or death, including reasonable attorneys’ fees, and claims, whether known or unknown, which may arise from (i) you hosting or creating, participating in, attending, or authorizing a competition or challenge posted on the Site (including events you authorize your supporters to share on the Site), (ii) from the acts or omissions of third parties you interact with through the Site,
(iii) your violation of these Terms or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iv) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (v) any disputes or issues between you and any third party (collectively the “Released Claims”). We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with our defense of such claim.
By participating in competitions or challenges you may qualify for certain prizes from time to time. Each participant and winner waives any and all claims of liability against the Company, its officers, directors, employees, consultants, affiliates, subsidiaries and agents (collectively, the “Vie Entities”) , the Competition or Challenge sponsors and their respective officers, directors, employees and agents, for any personal injury or loss which may occur from the conduct of, or participation in, the Competition or Challenge, or from the use of any prize. In order to receive a prize, participants must sign an official waiver form provided by the Company.
In furtherance of the forgoing, and only with respect to the Released Claims, you waive your rights under Nevada Civil Code Section which states:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE VIE ENTITIES SPECIFICALLY (BUT WITHOUT LIMITATION) DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO (i) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (ii) ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE VIE ENTITIES DO NOT WARRANT THAT THE SERVICE OR ANY PART THEREOF, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE ON OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE VIE ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU UNDERSTAND AND AGREE THAT WHEN YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA VIA THE SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK.
WHEN YOU CREATE, HOST OR PARTICIPATE IN ANY COMPETITION OR CHALLENGECREATED ON OUR SITE (INCLUDING, BUT NOT LIMITED TO PHYSICAL ACTIVITIESSUCH AS CYCLING, RUNNING, WEIGHTLIFTING, SWIMMING, ETC.), THAT CARRYCERTAIN INHERENT AND SIGNIFICANT RISKS OF PROPERTY DAMAGE, BODILYINJURY OR DEATH, THAT YOU VOLUNTARILY ASSUME ALL KNOWN ANDUNKNOWN RISKS ASSOCIATED WITH THESE ACTIVITIES EVEN IF CAUSED INWHOLE OR IN PART BY THE ACTION, INACTION OR NEGLIGENCE OF VIE OR BY THEACTION, INACTION OR NEGLIGENCE OF OTHERS. ACCORDINGLY, WE DISCLAIMANY AND ALL RESPONSIBILITY FOR ANY HARM TO A USER THAT RESULTS FROMANY OF THE AFOREMENTIONED ACTIVITIES GENERATED THROUGH THE SITE. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOUMAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
IN NO EVENT WILL THE VIE ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE VIE ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
YOU AGREE THAT THE AGGREGATE LIABILITY OF THE VIE ENTITIES TO YOU FORANY AND ALL CLAIMS ARISING OUT OF RELATING TO THE USE OF OR ANYINABILITY TO USE THE SERVICE (INCLUDING ANY MATERIALS OR CONTENTAVAILABLE THROUGH THE SERVICE) OR OTHERWISE UNDER THESE TERMS,WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF(i) THE AMOUNTS YOU HAVE PAID TO VIE FOR ACCESS TO AND USE OF THESERVICE IN THE 12 MONTHS PRIOR TO THE CLAIM OR (ii) $100.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OFLIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THEABOVE LIMITATION MAY NOT APPLY TO YOU.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OFLIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TOALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THISALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEENTHE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OFALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 14WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
These Terms shall be governed by the laws of the State of Nevada without regard toconflict of law principles. To the extent that any lawsuit or court proceeding is permittedhereunder, you and Vie agree to submit to the personal and exclusive jurisdiction of thestate courts and federal courts located within Clark County, Nevada for the purpose oflitigating all such disputes.
We make no representation that Materials included in the Service are appropriate or available for use in other locations.
You may not assign or transfer these Terms or your rights hereunder, in whole or in part,by operation of law or otherwise, without our prior written consent. We may assign theseTerms at any time without notice. The failure to require performance of any provision willnot affect our right to require performance at any time thereafter, nor shall a waiver ofany breach or default of these Terms or any provision of these Terms constitute a waiverof any subsequent breach or default or a waiver of the provision itself. Use of sectionheaders in these Terms is for convenience only and shall not have any impact on theinterpretation of particular provisions. In the event that any part of these Terms is held tobe invalid or unenforceable, the unenforceable part shall be given effect to the greatestextent possible and the remaining parts will remain in full force and effect. Upontermination of these Terms, any provision that by its nature or express terms shouldsurvive will survive such termination or expiration, including, but not limited to, Sections1, 4, and 9 through 19.
18.1 Generally. In the interest of resolving disputes between you and Vie in the most expedient and cost effective manner, you and Vie agree that any and all disputes arising in connection with these Terms shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts.
Arbitrators can award the same damages and relief that a court can award. Ouragreement to arbitrate disputes includes, but is not limited to all claims arising out of orrelating to any aspect of these Terms, whether based in contract, tort, statute, fraud,misrepresentation or any other legal theory, and regardless of whether the claims ariseduring or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT,BY ENTERING INTO THESE TERMS, YOU AND VIE ARE EACH WAIVING THE RIGHTTO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
18.2 Exceptions. Notwithstanding subsection 18.1, we both agree that nothing herein willbe deemed to waive, preclude, or otherwise limit either of our right to (i) bring anindividual action in small claims court, (ii) pursue enforcement actions through applicablefederal, state, or local agencies where such actions are available, (iii) seek injunctive reliefin a court of law, or (iv) to file suit in a court of law to address intellectual propertyinfringement claims.
18.3 Arbitrator. Any arbitration between you and Vie will be governed by the CommercialDispute Resolution Procedures and the Supplementary Procedures for Consumer RelatedDisputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), asmodified by these Terms, and will be administered by the AAA. The AAA Rules and filingforms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or bycontacting Vie.
18.4 Notice; Process. A party who intends to seek arbitration must first send a writtennotice of the dispute to the other, by certified mail or Federal Express (signaturerequired), or in the event that we do not have a physical address on file for you, byelectronic mail (“Notice”).
Vie’s address for Notice is: Vie, Inc., 840 Donna Drive, Incline Village, NV 89451. TheNotice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth thespecific relief sought (“Demand”).
We agree to use good faith efforts to resolve the claim directly, but if we do not reach anagreement to do so within 30 days after the Notice is received, you or Vie may commencean arbitration proceeding. During the arbitration, the amount of any settlement offermade by you or Vie shall not be disclosed to the arbitrator until after the arbitrator makesa final decision and award, if any. In the event our dispute is finally resolved througharbitration in your favor, Vie shall pay you (i) the amount awarded by the arbitrator, if any,(ii) the last written settlement amount offered by Vie in settlement of the dispute prior tothe arbitrator’s award; or (iii) $1,000.00, whichever is greater.
18.5 Fees. In the event that you commence arbitration in accordance with these Terms, Vie will reimburse you for your payment of the filing fee, unless your claim is for greater than $10,000, in which case the payment of any fees shall be decided by the AAA Rules.
Any arbitration hearings will take place at a location to be agreed upon in Clark County, Nevada, provided that if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephonic hearing; or (iii) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules.
In such case, you agree to reimburse Vie for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
18.6 No Class Actions. YOU AND VIE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Vie agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
18.7 Modifications. In the event that Vie makes any future change to this arbitration provision (other than a change to Vie’s address for Notice), you may reject any such change by sending us written notice within 30 days of the change to Vie’s address for Notice, in which case your account with Vie shall be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject shall survive.
18.8 Enforceability. If Subsection 18.6 is found to be unenforceable or if the entirety of this Section 18 is found to be unenforceable, then the entirety of this Section 18 shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 16 shall govern any action arising out of or related to these Terms.
The services hereunder are offered by Vie, Inc., located at 840 Donna Drive, Incline Village, NV 89451. You may contact us by sending correspondence to the foregoing address or by emailing us at email@example.com.