ENTER YOUR ZIPCODE BELOW TO FIND THE VIVO RETAILER CLOSEST TO YOU
SIGN UP FOR THE VIVO E-MAILER
AND GET THE LATEST NEWS AND SPECIALS
|
TERMS AND CONDITIONS OF USE
Feel free to browse the Site, but please read these terms
and conditions before doing so.
Cluster Solutions, Inc.(CSI) is the manufacturer and distributor
of VIVO and other Clustered Water products. CSI maintains this site ("the
Site") for your personal entertainment, information, education and
communication. This Site contains many of the valuable trademarks, names,
titles, logos, images, designs, copyrights and other proprietary materials
owned and registered by CSI and used worldwide (the "Trademarks").
Your access to and use of the Site is subject to the following terms and
conditions ("Terms and Conditions"). CSI may revise these Terms
and Conditions at any time by updating this posting. You are bound by
any such revisions and should therefore periodically visit this page to
review the then current Terms and Conditions to which you are bound.
By accessing and browsing the Site, you signify your acceptance
of these Terms and Conditions without limitation or qualification. If
you do not agree to these Terms and Conditions, then please do not use
the Site.
Terms and Conditions.
1. You should assume that all materials, designs, text and images (collectively,
the "Materials") contained in the Site are either the copyrighted
property of CSI, unless otherwise noted, or are the copyrighted property
of third parties. CSI neither warrants nor represents that your use of
Materials displayed on the Site will not infringe rights of third parties
not owned by or affiliated with CSI.
2. You may download one single hard copy of Materials displayed on the
Site for non-commercial, personal use only, provided however, you do not
delete or change the copyright, trademark and other proprietary notices
contained on the Materials. You may not modify, alter or change any Materials
or distribute, publish, transmit, reuse, re-post or use the content of
the Site for public or commercial purposes, including, without limitation,
the text, images, audio and video.
3. Unauthorized use of the Materials is strictly prohibited and is a violation
of the rights of CSI and/or third parties, including, without limitation,
under copyright laws, trademark laws, the laws of privacy and publicity.
4. While CSI uses reasonable efforts to include accurate and up to date
information in the Site, CSI makes no warranties or representations as
to the accuracy, correctness, reliability or otherwise with respect to
such information, and assumes no liability or responsibility for any omissions
or errors (including, without limitation, typographical errors and technical
errors) in the content of the Site.
5. Information in the Site is subject to change without notice. Information
regarding CSI products and services is applicable only in the United States
unless otherwise noted. Some products and services may not be available
in certain areas. CSI makes no representations that the Materials in this
Site are appropriate or available for use in other countries aside from
the United States. Those who do access this Site from other countries
are solely responsible for compliance with local laws of that country.
6. Use of and browsing in the Site is done at user's own risk. Neither
CSI nor any other party involved in creating, producing or delivering
the Site shall be liable for any direct, incidental, consequential, indirect
or punitive damages arising out of your access to, or use of, or browsing
the Site, or downloading of any materials, data, text, images, video or
audio from the Site, including, without limitation, damage to, or viruses
that may infect, your computer equipment or other property as a result
thereof. Without limiting the foregoing, everything on the Site is provided
to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Please note that
some jurisdictions may not allow the exclusion of implied warranties,
so some of the above exclusions may not apply to you. Check your local
laws for any restrictions or limitations regarding the exclusion of implied
warranties.
7. From time to time, CSI may ask that you transmit to the Site by electronic
mail your feedback on CSI’s products and/or services. Any communication
or material you transmit or post will be (a) treated as non-confidential
and non-proprietary by CSI, (b) become the property of CSI and CSI shall
exclusively now and hereinafter own all rights, title and interest therein,
and (c) used without restriction by CSI or its bottlers, licensees and
affiliates at its sole discretion without any obligation, compensation
or other liability to you. Such use may be for any purpose whatsoever,
including, but not limited to, reproduction, disclosure, transmission,
publication, broadcast and posting whole or in part, in any medium and
in any manner on this Site or otherwise. However, CSI shall be under no
obligation to respond to any such communication.
8. Notwithstanding the foregoing, it is the policy of CSI not to accept
or consider any creative ideas, suggestions or materials from the public
("Submissions"), and therefore, you should not make any Submissions
to CSI in any communications through this Site or otherwise. Nonetheless,
if you do send us a Submission, despite our request not to do so, then
such Submission shall immediately become the property of CSI and CSI shall
exclusively now and hereinafter own all rights, title and interest therein.
Furthermore, CSI shall be free to use any Submissions for any purpose
whatsoever, including, but not limited to, developing, manufacturing and
marketing products. CSI shall not be liable for such use or disclosure
of such Submission or for any similarities in the Submission and any future
CSI uses or activities.
9. The Trademarks displayed on the Site are registered and unregistered
Trademarks of Cluster Solutions, Inc. Nothing contained on the Site should
be construed as granting, by implication, estoppel or otherwise, any license
or right to use any Trademark displayed on the Site, or any license or
right to use any other trademark owned by any other third party. In the
event that you misuse any Trademark in violation of these Terms and Conditions,
CSI will aggressively enforce its intellectual property rights to the
fullest extent of the law, including the seeking of criminal prosecution.
10. This Site may link to other sites not maintained by or related to
CSI. Such hyperlinks are provided as a service to users and are not sponsored
by, endorsed or otherwise affiliated with this Site or with the products
and services of CSI. CSI has not reviewed all of the sites linked to the
Site and is not responsible for the content of any off-site pages or links
to any other sites. Viewing all other sites is at your own risk.
11. In the event that CSI may, from time to time, allow for discussions,
chats, postings, transmissions, bulletin board and the like on the Site,
CSI is under no obligation to monitor or review such transmitted information
and assumes no responsibility or liability arising from the content of
any such locations nor for any error, defamation, libel, slander, omission,
falsehood, obscenity, pornography, profanity, danger or inaccuracy of
any such information. You are prohibited from posting or transmitting
any unlawful, threatening, libelous, defamatory, obscene, scandalous,
inflammatory, pornographic or profane material or any material that could
constitute or encourage conduct that would be considered a criminal offense,
give rise to civil liability or otherwise violate any law. CSI will fully
cooperate with any law enforcement authorities or court order requesting
or directing CSI to disclose the identity of anyone posting any such information
or materials.
12. Software from this Site is further subject to United States Export
Controls. No software from this Site may be downloaded or exported (i)
into (or to a national or resident of) Cuba, Iraq, Libya, North Korea,
Iran, Syria or any other country to which the United States has embargoed
goods; or (ii) anyone on the United States Treasury Department's list
of Specially Designated Nationals or the U.S. Commerce Department's Table
of Deny Orders. By downloading or using the software, you represent and
warrant that you are not located in, under the control of, or a national
or resident of any such country or on any such list.
13. All offers set forth on the Site are void where prohibited, and are
subject to the posting of any official rules pertaining to such offers.
14. CSI maintains and operates this Site from its offices in the state
of California, United States. These Terms and Conditions are governed
and interpreted under the laws of the state of California, United States
of America. If any portion of these Terms and Conditions is deemed unlawful,
void or unenforceable, then that part shall be deemed severable and will
not effect the validity and enforceability of any remaining provisions.
15. We have contracted with Overture services, Inc. (“Overture”)
to monitor certain pages of our Web site for the purpose of reporting
web traffic, statistics, advertisement 'click-throughs', and/or other
activities on our site. Where authorized by us, Overture may use cookies,
Web beacons, and/or other monitoring technologies to compile anonymous
statistics on our Web site visitors. No personally identifiable data is
collected by or transferred to Overture. For more information about how
the information collected by Overture is used, please see Overture’s
privacy policy at http://www.overture.com/d/USm/about/company/ccprivacyPolicy.jhtml.
16. These Terms and Conditions set forth the entire understanding and
agreement between you and CSI with respect to the Site. You acknowledge
that any other agreements between you and CSI with respect to the Site
are superseded and of no force or effect.
|