Terms of service

OVERVIEW
This website is operated by Vived-Mota Co. . Throughout the site, the terms “we”, “us” and “our” refer to Vived-Mota Co. . Vived-Mota Co. offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.

SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
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 our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy: [LINK TO REFUND POLICY]
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.
We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS
Certain content, products and Services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here: https://vivedmota.com/policies/privacy-policy

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Vived-Mota Co. , our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Vived-Mota Co. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States.

SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at vivedmotaco@gmail.com.

SECTION 21 - Influencer Collaboration Terms and Conditions

**1. Acceptance of Terms and Conditions**

By participating in the Vived-Mota Co. Influencer Collaboration program (hereinafter referred to as "the Program"), you agree to be bound by the following Terms and Conditions. Please read these Terms and Conditions carefully before joining the Program. If you do not agree to these terms, you may not participate in the Program.

**2. Influencer Eligibility**

1. You must be at least 18 years old to participate in the Program.
2. You must have a valid and active social media account or website to promote Vived-Mota Co. products.
3. Vived-Mota Co. reserves the right to accept or reject any influencer application at our discretion.

**3. Program Description**

1. As a participating influencer, you will be provided with a unique promo code and/or a referral link (hereinafter referred to as "Promo Materials").
2. You will earn a commission on eligible sales generated by customers who use your promo code or referral link to make a purchase on the Vived-Mota Co. website.
3. Commissions will not be earned on taxes, shipping fees, or handling fees associated with a purchase.

**4. Commission Structure**

1. The commission rate shall be determined by Vived-Mota Co. and may vary depending on the specific terms agreed upon between the influencer and Vived-Mota Co.
2. Commissions will be calculated based on the net sale amount (i.e., the total sale amount minus taxes, shipping fees, and handling fees).

**5. Payments**

1. Commissions earned will be paid out to the influencer on a schedule determined by Vived-Mota Co.
2. Payment methods and currency will be specified by Vived-Mota Co. Payments will typically be made via electronic funds transfer (e.g., PayPal) or another method as agreed upon.

**6. Compliance with Laws**

Influencers must comply with all applicable laws and regulations when promoting Vived-Mota Co. products. This includes but is not limited to advertising, marketing, and disclosure requirements.

**7. Intellectual Property**

1. You acknowledge that all intellectual property rights associated with the Promo Materials and Vived-Mota Co. products belong exclusively to Vived-Mota Co.
2. You are granted a limited, non-exclusive, and non-transferable license to use the Promo Materials solely for the purpose of promoting Vived-Mota Co. products in accordance with these Terms and Conditions.

**8. Termination**

Vived-Mota Co. reserves the right to terminate your participation in the Program at any time and for any reason, without notice.

**9. Limitation of Liability**

1. You participate in the Program at your own risk. Vived-Mota Co. shall not be liable for any direct or indirect damages, losses, or expenses incurred as a result of your participation in the Program.
2. Vived-Mota Co. makes no warranties, express or implied, regarding the Program or the Promo Materials.

**10. Changes to Terms and Conditions**

Vived-Mota Co. reserves the right to modify these Terms and Conditions at any time without prior notice. Influencers will be notified of any changes, and continued participation in the Program after changes are made constitutes acceptance of the modified terms.

**11. Governing Law**

These Terms and Conditions shall be governed by and construed in accordance with the laws of [Your Jurisdiction].

**12. Contact Information**

If you have any questions or concerns about these Terms and Conditions or the Program, please contact us at vivedmotaco@gmail.com

By participating in the Vived-Mota Co. Influencer Collaboration Program, you acknowledge that you have read, understood, and agreed to these Terms and Conditions.

SECTION 22- Image Usage for Marketing Purposes

1. By participating in the Vived-Mota Co. Influencer Collaboration program or any collaborative engagement with Vived-Mota Co., you grant us the non-exclusive, royalty-free, worldwide license to use any images, likenesses, or content shared by you for marketing and promotional purposes related to the promotion of Vived-Mota Co. products or services.

2. This includes, but is not limited to, the use of images, videos, or any media content provided by influencers, models, or collaborators for marketing, advertising, social media, website content, or any promotional materials associated with Vived-Mota Co.

3. Vived-Mota Co. reserves the right to edit, modify, adapt, or combine provided content for marketing purposes. However, the context and integrity of the original content will be reasonably maintained.

4. Collaborators, influencers, and models retain the right to request the removal or non-use of their images or content for future marketing upon written request to Vived-Mota Co.

5. This provision shall survive the termination of the collaboration between the parties.

6. By participating in our programs or collaborations, you acknowledge and agree to the use of your images or content as outlined in this section.

Section 23- Affiliate Program Terms and Conditions

These Terms and Conditions ("Agreement") are entered into by and between Vived-Mota Co. ("Company") and the individual or entity ("Affiliate") participating in the Company's affiliate program ("Program"). By enrolling in the Program, you agree to comply with and be bound by the terms and conditions outlined below:

**1. Affiliate Enrollment and Eligibility**

1.1. Affiliate Eligibility: To participate in the Program, Affiliates must complete the application process and be approved by the Company. The Company reserves the right to deny or terminate participation at its discretion.

1.2. Agreement Acceptance: Affiliates are required to accept and adhere to this Agreement in its entirety. Failure to do so may result in termination from the Program.

**2. Payment Terms**

2.1. Commission Structure: Commissions are determined by the Company and may vary based on product and promotional periods.

2.2. Payment Frequency: Commissions will be paid out to Affiliates on a monthly basis, with payments made after a 30-day holding period.

2.3. Commission Calculation: Commissions are calculated on the sale price of the product itself, excluding taxes, shipping, and return items. No commission is provided for taxes, shipping costs, or items that are returned by the customer.

**3. Liability and Indemnification**

3.1. Limitation of Liability: The Company shall not be held liable for any damages, losses, or expenses incurred by Affiliates in connection with the Program. This includes, but is not limited to, loss of data, interruption of service, or financial losses.

3.2. Indemnification: Affiliates agree to indemnify, defend, and hold the Company and its employees, agents, and representatives harmless from and against any and all claims, liabilities, damages, losses, or expenses arising from Affiliate's participation in the Program.

**4. Termination**

4.1. Termination: The Company reserves the right to terminate or suspend an Affiliate's participation in the Program at any time and for any reason. This includes but is not limited to violations of this Agreement or unethical promotion practices.

4.2. Affiliates may also choose to terminate their participation in the Program at any time by providing written notice to the Company.

**5. Miscellaneous**

5.1. Governing Law: This Agreement is governed by the laws of Rhode Island, USA. Any disputes arising under or in connection with this Agreement shall be resolved in the courts of Rhode Island, USA

5.2. Modification: The Company reserves the right to modify or update these terms and conditions at any time. Affiliates will be notified of any changes, and continued participation implies acceptance of the modified terms.

5.3. Entire Agreement: This Agreement constitutes the entire understanding between the parties and supersedes all prior agreements, whether written or oral.

6. Intellectual Property

6.1. Trademarks: Vived-Mota Co. Ownership and Restrictions: Vived-Mota Co. ("Company") retains all rights, title, and interest in its trademarks, service marks, trade names, logos, and any other intellectual property, collectively referred to as "Vived-Mota Co. Marks." Affiliates are strictly prohibited from using the Vived-Mota Co. Marks or any marks that are confusingly similar without obtaining the prior written consent of the Company.

6.2. Copyrights: Content Ownership and Usage Limitations: All content provided by the Company, including but not limited to text, graphics, logos, images, and software, is the exclusive property of Vived-Mota Co. and is protected by copyright laws. Affiliates may not reproduce, distribute, or create derivative works from this content without obtaining explicit written permission from Vived-Mota Co.

6.3. Use Restrictions: Limitations on Trademark Applications: Affiliates shall not, directly or indirectly, register, apply for registration, or attempt to register any trademarks, service marks, or trade names that are identical or similar to those of Vived-Mota Co. 

6.4. Enforcement: Protection of Intellectual Property Rights: Vived-Mota Co. reserves the right to enforce its intellectual property rights to the fullest extent permitted by law, including seeking injunctive relief and damages for any unauthorized use of the Vived-Mota Co. Marks.

7. Use of Vived-Mota Co. Marks

7.1. Authorized Use: Affiliates are allowed to use the Vived-Mota Co. Marks solely for the purpose of advertising the availability of products associated with Vived-Mota Co. through a corresponding special link to the Company's site.

7.2. Compliance: Affiliates' use of the Vived-Mota Co. Marks must comply with the most up-to-date version of these Guidelines and all Program Documents provided by Vived-Mota Co.

7.3. Restrictions on Use: Affiliates may not use the Vived-Mota Co. Marks in a manner that implies sponsorship or endorsement by Vived-Mota Co., disparages the Company or its products, diminishes goodwill, or in any way that conflicts with the Company's rights in the Vived-Mota Co. Marks.

7.4. Image Alterations: Affiliates shall not alter any Vived-Mota Co. Mark in any manner, including but not limited to changes in proportion, color, font, or the addition/removal of elements.

7.5. Presentation: Each Vived-Mota Co. Mark must appear by itself, in its entirety, with reasonable spacing from other visual, graphic, or textual elements. No Vived-Mota Co. Mark should be placed on any background that interferes with its readability or display.

7.6. Exclusive Property: All rights to the Vived-Mota Co. Marks are the exclusive property of Vived-Mota Co., and any goodwill generated through Affiliate's use will exclusively benefit the Company.

7.7. Third-Party Marks: Affiliates cannot display or use any trademark of any third-party seller or vendor in connection with any special link unless specific written authorization has been obtained.

7.8. Confusing Similarity: Affiliates cannot use or apply to register any trademark, domain name, subdomain, username, or app name that is confusingly similar to any Vived-Mota Co. Mark.

7.9. Modification: Vived-Mota Co. reserves the right to modify these guidelines and the approved Vived-Mota Co. Marks at any time and in its sole discretion, with notice provided to Affiliates.

7.10. Enforcement: Vived-Mota Co. reserves the right to take appropriate action against any unauthorized use or use that does not conform to these guidelines, at any time and in its sole discretion.

By participating in the Program, Affiliates acknowledge that they have read, understood, and agreed to these Terms and Conditions. If you do not agree to these terms, please do not participate in the Program. If you have any questions or concerns, please contact the Company for clarification.

Section 24- Affiliate Commissions 

**Affiliate Commissions Disclosure**

In the operation of our website, products, and services, Vived-Mota Co. may participate in affiliate marketing programs. This means that we may earn commissions when you make a purchase through the affiliate links provided on our platform. These commissions help support our continued efforts to provide valuable content and maintain our services.

**Amazon Associates Program**

Vived-Mota Co. is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for websites to earn advertising fees by advertising and linking to Amazon.com and its affiliated websites. As part of this program, we may earn commissions when you click on and make a purchase through Amazon product links provided on our platform.

**Influencer Programs**

In addition to the Amazon Associates Program, Vived-Mota Co. may also participate in other influencer or affiliate marketing programs. These programs may include partnerships with various brands and companies. As part of these programs, we may earn commissions when you click on and make a purchase through qualified links and recommendations provided on our platform.

Please note that the commissions we earn through these affiliate links do not affect the cost of the products or services you purchase. They are provided as a way for us to receive compensation for promoting and recommending products or services that we believe may be of interest or value to our users.

Your use of our platform and services constitutes your acceptance of these terms and conditions, including our disclosure of potential affiliate commissions. If you have any questions or concerns about our affiliate marketing programs, please do not hesitate to contact us for further clarification.