GENERAL TERMS & CONDITIONS FOR CUSTOMERS
READ ALL TERMS AND CONDITIONS CAREFULLY. THIS IS A LEGAL AND BINDING AGREEMENT TO ALL USERS OF THIS WEBSITE
Effective Date: July 28, 2020
Thanks for visiting our website www.vivirusa.us(the “Site.”)
Your access and use of the Site are subject to these general terms and conditions (“Terms.”)
The Site is owned and operated by GRAFIKA, LLC, a Florida Limited Liability Company (hereinafter referred to as “GRAFIKA.”)
The expressions “We,” “Our” or “Us,” and similar expressions, are referred to GRAFIKA. The expressions “You,” “Your” or “Yours,” and similar expressions, are referred to the individual accessing the Site, and/or the legal entity obtaining information and/or conducting transactions through the Site. These Terms apply to all visitors, and/ or users of the Site, whether a potential or actual customer. If You are an individual accessing the Site on behalf of a legal entity, You represent and warrant that You have the authority to bind that legal entity to these Terms and, in such event, “You,” “Your,” “Yours”, will refer and apply to that legal entity, as well as to the individual accessing the Site. Access to and use of the Site is restricted to persons of legal age.
The Site and our services are directed to adults and are not directed to children under the age of 18 and located in the United States of America. You must be 18 years of age or older to use the Services. We comply with the Children’s Online Privacy Protection Act and does not permit registration by, and will not knowingly collect personally identifiable information from, anyone under 18. By registering at the Site and/or accessing and/or using the Site, you represent and warrant that you are 18 years of age or older. Additionally, you must provide true, accurate and complete registration information to become a user of the Site. Creating a Member account if you are under the age of 18, under automated means or under false or fraudulent pretenses constitutes unauthorized use of the Services, and such accounts will be deleted by GRAFIKA.
We make no claims that any material, services or any content is appropriate or may be downloaded outside of the United States. Access to the Material, Services or any Content may not be legal in certain countries or for certain persons. If you access any material, services or content from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. You agree to comply with: (i) all local rules regarding user conduct on the internet and acceptable content; and (ii) all applicable laws regarding the downloading and/or transmission of technical data and other material from or to the United States and the country in which you are located.
You will only use the Site to carry on research as to the offer and availability of products and services offered by GRAFIKA and to place purchase orders for those products and services. GRAFIKA, through the Site, provides a web-based platform where customers will be able to research and gather information as to readable material, publications, articles, books, magazines, and related material, either printed in traditional means, or downloadable format. We make no make no representation as to the compatibility, and harmless nature of Our downloadable material and Your device (computer, tablet, phone, or similar device).
These Terms contain provisions that govern how You and GRAFIKA shall resolve any dispute that may arise between You and GRAFIKA as a result of Your use of the Site (see Dispute Resolution Section below.) The Dispute Resolution Section contains an Agreement to Arbitrate, which will, with limited exception, require You to submit claims against Us to binding and final arbitration. In all circumstances, You will only be permitted to pursue claims against Us on an individual basis, and not as a plaintiff or class member in any class or representative action or proceeding, and You will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
These Terms apply to You, as a person and/or entity accessing and using the Site, regardless whether such person or entity has applied and/or obtained a registration as a registered user, or not, within the Site. The mere research and gathering of information by virtue of the Site will be deemed as use of the Site, and therefore, covered by these Terms.
You acknowledge and agree that, by accessing and/or using the Site, or by posting any content on the Site, You are indicating that You have read, understood and agreed to be bound by the Terms in effect at the time of Your visit to the Site and/or at the time of the relevant transaction, whether or not You have registered with the Site. You are charged to read and understand the Terms at the moment of Your visit to and use of the Site. Terms relevant to restrictions, prohibitions, and reservation of rights shall survive Your access to the Site and any transaction conducted by virtue of the Site.
The Terms constitute a binding agreement between You and GRAFIKA, as provider of the Site. If You do not agree to these Terms, then You have no right to access and/or use the Site, and You cannot research and/or book any reservation through the Site.
This site is owned and operated by GRAFIKA and/or, in the case of certain features, its third party service providers, and unless otherwise indicated the contents of the Site are the property of GRAFIKA and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. The Site is proprietary for the benefit of GRAFIKA, and subject to Intellectual Property laws. GRAFIKA is the sole owner of all rights, title and interest in and to the Site, and content posted by GRAFIKA within the Site. You may make personal copies invoices, shipment documents or orders conducted through The Site. Other than that limited right, You will not copy, transmit, use, reproduce, sell or otherwise exploit any of the contents included on the Site, such as images, text, graphics or logos. We reserve every right over the Site, its content, Our trademarks and service marks, trade dress (whether registered or not) as well as over any other proprietary information, such as protectable trade secrets. Unless explicitly agreed to in a separate document, You will not have any right to such proprietary information, and You will not be able to use it for any commercial, or any other purposes, without Our prior written consent. We reserve every right over our trademarks, and business designations, and We reserve the right to use and prosecute additional trademarks and copyrights. By using the Site You disclaim any right over the referred trademarks, and any other trademark that We may include and use within the Site in the future.
Trademarks and service marks not owned by GRAFIKA that appear on the Site are the property of their respective owners, and may not be used without their prior written consent.
Special Terms and Conditions
Access to certain additional services may have different, and/or additional terms and conditions posted, or may require You to agree with and accept additional terms and conditions. If there is a conflict between these Terms and the terms and conditions posted for a specific area or for specific services, the specific terms shall control with respect to those specific services.
Our Privacy and Data Policy
Our Privacy and Data Policy may be found at the Site, as it is clearly made available at the Home Page of the Site. The same is incorporated into these Terms. We encourage You to read Our Privacy and Data Policy.
Modifications to these Terms and/or to the Site
GRAFIKA reserves the right, to modify, discontinue or terminate the Site or to modify these Terms, and any other terms and conditions and/or policies, at any time and without prior notice. You are charged to read and verify the Terms at the moment of Your visit and/or use of the Site, as the Terms may vary at any time. If You are a registered user within the Site, GRAFIKA may, but is not obligated, to provide You with a notification as to such modifications. GRAFIKA will update the “Effective Date” information upon modification of these Terms. If the modified Terms are not acceptable to You, You should cease accessing and using the Site.
General Nature of the Services Provided by the Site
Depending on availability, You may purchase readable material (either printed as traditional printed matter, or in downloadable format) being offered in Our Site.
By using and accessing Our Site You may be allowed to purchase products, either printed material or downloadable material. Such products and pricing on the Site may change at any time in the sole discretion of GRAFIKA, without prior notice to you. You agree that you will only purchase products on the Site for your own use and enjoyment or as a gift for another person, that all information you submit through the sites is complete, accurate, current and true and that you are not barred from receiving products under applicable law. Some products you purchase may be used or refurbished. Certain software or other materials that you purchase through our Site may be subjected to further export controls. You agree to comply with all applicable export and re-export restrictions, laws and regulations and will not encourage, assist, or authorize the transfer of such products to a prohibited country in violation of law, rule or regulation. Please be advised that Our order confirmation to you does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. At any time after receipt, we may accept, decline, or place quantity restrictions or other limits on your order for any reason in our discretion. If we charge you for an order that has been canceled, we will refund you the full amount of the canceled portion of such order. While we strive to make all information on our sites as accurate as possible, we do not warrant that product descriptions or other content is accurate, complete or error free. Promotions are subject to change and we cannot confirm the availability or price of an item until you place your order.
Account Registration and Guest Users
To buy a book You must first register and create a User Account (“User Account.”) During the registration process for a User Account You will be required to provide certain information and You will establish a username and a password. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. You certify and attest that all information You provide about You under Your User Account, such as Your name, last name, and other personal information, is true and accurate and pertains to You. You cannot use aliases or provide information which is untrue, misleading or deceiving.
Your User Account is not transferable. Only You, as registered user, can use Your User Account. You shall not share Your User Account, nor make it available, to third parties.
Without logging into a User Account You will be able to access the Site as a “Guest User” to research and gather information as to our offerings.
Both, holders of a Client Account (and thus, registered users) as well as Guest Users shall be equally bound by these Terms, as well as any other applicable terms, conditions and/or policies.
You hereby consent to receive communications from Us by electronic mail (e-mail.) You agree that all agreements, notices, disclosures and other communications that We provide to You by electronic mail (e-mail) satisfy any legal requirement that such communication be in writing.
GRAFIKA is not under the obligation to maintain any account, or to provide services, and GRAFIKA may, at will, discontinue access to the Site to any user (either a registered user or a guest user) with, or without reason. Thus, GRAFIKA reserves the right to temporarily suspend, or cancel for indefinite time, Your account, and without prior notice to You. We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue Our services. You may also cancel Your account at any time, and the Site will provide instructions to cancel Your Account. If Your User Account or Your use of the Site shows signs of fraud, abuse or suspicious activity, GRAFIKA may cancel any transaction associated with your User Account, Your name or e-mail address, and GRAFIKA may close any associated User Accounts. If you have conducted any fraudulent activity, GRAFIKA reserves the right to take any necessary legal action and you may be liable for monetary losses to GRAFIKA, including litigation costs and damages.
In any event of cancellation of Your account, You will be bound by these Terms as to any transaction concluded by virtue of the Site, and You will remain liable for any amount due as per those transactions. Restrictive covenants, prohibitions, and reservation of rights shall survive cancellation or suspension of any Account. Also, any provision that, as per its own nature, may survive the cancellation or suspension of Your Account shall so survive such cancellation or suspension.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by You, as client, and GRAFIKA.
Password and Data Security
You are responsible for safeguarding Your password. You agree not to disclose Your password to any third party, and to take sole responsibility for any activities or actions under Your account, whether or not You have authorized such activities or actions. You will immediately notify GRAFIKA of any unauthorized use of Your account. WE STRONGLY SUGGEST YOU TO CHOOSE A PASSWORD APPLICABLE ONLY TO YOUR USER ACCOUNT IN CONNECTION TO THE SITE, AND WE STRONGLY DISCOURAGE THE USE OF A PASSWORD (OR A VARIATION), YOU MAY BE USING FOR OTHER WEBSITES, ELECTRONIC MAILS, AND/OR OTHER PURPOSES. While We attempt to use current technology to avoid any undue access to Our Site, and/or to a User Account, We cannot guarantee that such unauthorized access will not occur. Malicious access by the part of third persons intruding into Our Site and or data (Hackers’ attacks) are not always preventable, and You assume all risks associated with accessing the Site, using our research and booking tools, providing information to Us via the Site, and the collection of other data through the Site by virtue of Your access to the Site.
Pricing for items offered through the Site are conspicuously shown in the Site. Throughout the check-out process You will be able to review and accept the pricing for items before placing your order through the Site.
GRAFIKA may change the price for any item offered though the Site, from time to time, by posting the new price on the Site. Price changes for items will take effect upon its publication at the Site.
Paying for Transactions.
You must have a valid and current payment method on file when placing orders on the Site. GRAFIKA and/or its third-party service providers (such as PayPal®) will collect Your billing and shipping information and process Your payment as a service incidental to the transaction. If Your payment method fails or Your account is past due, We may collect fees owed using other collection mechanisms. In addition, You will be subject to collection fees. GRAFIKA, or the collection agencies We retain, may also report information about Your account to credit bureaus, and as a result, late payments, missed payments, or other defaults on Your account may be reflected in Your credit report. By virtue of accepting these Terms You agree that GRAFIKA may charge Your payment method (including credit/debit cards) any amount arising as a result of the transactions carried out while You are accessing and using the Site, including, but not limited to, all fees, charges, penalties, and any other amount foreseen in the Terms and Conditions, these Terms, and any other applicable, terms and/or policies.
All prices, fees and other amounts referred to in this Client Agreement and the Site are stated in U.S. dollars. With respect to items sold by GRAFIKA in the Site, We do NOT charge your credit card until after your order has entered the shipping process.
If Your payment method (such as credit card, debit card or other payment method) is charged in other currency You may incur into additional fees, expenses and charges, such as international transaction fees, exchange fees, conversion fees, as well as to deal with exchange rates that may make Your transaction more onerous to You.
Return and Refunds.
All transactions conducted through the Site are deemed as “final.” Therefore, there will not be refunds or return of merchandise. GRAFIKA may, however, in its sole discretion, as a courtesy to a client, decide to refund, credit back, provide store credit, and/or accept the return, either in total or partial way.
In the event of a defective item, We may replace the same with an identical (but conforming) item (or, at Our discretion, cancel the transaction and refund the purchase price and incidental costs, as decided by Us) provided that the buyer notifies Us in writing, within the ensuing three (3) days after delivery of the item, as to the defective condition of the item, From time to time We may enact, modify, or void additional terms, conditions and policies in connection with returns and refunds. By accessing and using the Site You will be bound by those additional terms, conditions, and policies.
At check-out the Site will offer the available delivery methods and their associated costs. You will select Your shipping method, and will accept the delivery cost. We cannot guaranty that all shipping methods will be available for all sort of products and for all areas. By choosing the delivery method You will be bound by the relevant contract between You and the relevant shipping Company, including any limitation of liability that such contracts may include. We will ship You Your purchased items promptly, according to Our availability. Sometimes a product may subject to backorder and we will attempt to notify You as to the approximate date for delivery. Any representation as to delivery date are approximates and never a guaranty of such date. You assume all risks associated with the transport and delivery of Your purchased articles.
Disclaimer of Liability
GRAFIKA disclaims any responsibility as to the value, truth, accuracy, safety, and quality of article acquired by using the Site. GRAFIKA disclaims all liability in that regard.
Use of the Site and Prohibitions
You have a limited and revocable authorization to access and use the Site. You shall not reproduce, sell or otherwise exploit the Site or any product image, product listing, description, name, price, design, trade dress, trademark, logo or other content for any commercial purpose. You shall not use a robot, spider or data mining or extraction tool or process to monitor, extract or copy Site content (unless in the operation or use of internet “search engines,” hit counters or similar technology.) You shall not use meta tags, search terms, key terms, or the like that contain the Site’s name or trademarks used on the Site. You shall not engage in any activity that interferes with the Site or another user’s ability to use the Site. You shall not modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the Site. You shall not assist or encourage any third party in engaging in any activity prohibited by these Terms.
GRAFIKA may, at its discretion, designate areas of the Site in which users can post content (“User Content”) such as reviews, or comments. You may not post any images of persons, only as to places and objects. GRAFIKA does not claim any rights in any such User Content. Upon posting of User Content at the Site You: (i) grant GRAFIKA a non-exclusive, worldwide, perpetual, irrevocable, transferable, sub-licensable, royalty-free, commission-free license to crop, resize, publicly display, publicly perform, distribute, broadcast and transmit such User Content on or through the Site in any form, medium or technology now known or later developed, for the purpose of promoting GRAFIKA, the Site; and (ii) grant directly to other persons accessing the Site, the right and license to view Your User Content. You acknowledge and agree that You are solely responsible for any User Content that You make available on or through the Site. GRAFIKA disclaims any responsibility for any User Content, including as to the appropriateness, correctness and legality of the User Content. GRAFIKA has no obligation to monitor the User Content, and GRAFIKA does not endorse in any way User Content. GRAFIKA has not obligation to verify whether User Content conforms to any standard of appropriateness, and that User Content will not offend any user of the site. GRAFIKA retains the right not to post, or to remove the User Content, at GRAFIKA’S discretion.
You represent and warrant that: (i) You are the sole and exclusive owner of all User Content that You make available on the Site, or that You have the necessary rights, licenses, consents and releases that are necessary to make available such User Content and to grant all rights and licenses in such User Content as granted under these Terms; and (ii) neither the User Content nor Your making available any User Content on the Site nor any use of any User Content as permitted under these Terms will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
General Prohibitions as to User Content and Misuse of the Site
You agree not to do any of the following:
· Post, upload, publish, submit or transmit any text, graphics, images, software, music, audio, video, information or other material that: (i) infringes, misappropriates or violates a third party’s intellectual property rights, image’s rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate any applicable law or regulation or would give rise to liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; (vii) harms any person, and specifically minors in any way; or (viii) promotes illegal or harmful activities or substances.
- Use, display, mirror or frame the Site, or any individual element within the Site, GRAFIKA’S name, any GRAFIKA trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without GRAFIKA’S express written consent.
- Access, tamper with, or use non-public areas of the Site, GRAFIKA’S computer systems, or the technical delivery systems of GRAFIKA’S providers.
- Attempt to probe, scan or test the vulnerability of any GRAFIKA system or network or breach any security or authentication measures.
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by GRAFIKA or any of GRAFIKA’S providers or any other third party (including another user) to protect the Site, Services, GRAFIKA Content or User Content.
- Attempt to access or search the Site, Services, GRAFIKA content or User Content or download GRAFIKA content or User Content from the Site or Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by GRAFIKA or other generally available reputable third party web browsers;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- Use any meta tags or other hidden text or metadata utilizing a GRAFIKA trademark, logo URL or product name without GRAFIKA’S express written consent.
- Use the Site, Services, GRAFIKA Content or User Content for any commercial purpose or the benefit of any third party in any manner not otherwise permitted by these Terms.
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, GRAFIKA Content or User Content to send altered, deceptive or false source-identifying information.
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, GRAFIKA Content or User content.
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, spyware, overloading, flooding, spamming, or mail-bombing the Site;
- Collect or store any personally identifiable information from the Site or Services from other users of the Site or Services without their express permission;
- Impersonate or misrepresent Your affiliation with any person or entity;
- Violate any applicable law or regulation; or
- Perform any fraudulent or deceiving actions including, but not limited to, insurance fraud.
- Encourage or enable any other individual to do any of the foregoing.
You acknowledge that GRAFIKA has no obligation to monitor Your access to or use of the Site, or to remove any User content, but has the right to do so for the purpose of operating the Site and Services. GRAFIKA reserves the right, at any time and without prior notice, to remove or disable access to any User content, GRAFIKA content or any other content at GRAFIKA’S discretion.
Please be aware that generally, information you post on, upload to or distribute through a message board, chat room, blog or any similar feature will be accessible by other users of the Site. Please be sure that any such information is information that you are comfortable sharing with the public.
The Site is provided “AS IS” and “AS AVAILABLE”, without any warranty of any kind, either express or implied. Without limiting the foregoing, GRAFIKA disclaims any warranties of merchantability, fitness for a particular purpose or non-infringement, and any warranties arising out of course of dealing or usage of trade. GRAFIKA makes no warranty that the Site, and/or the Site content will meet Your requirements, or be available on an uninterrupted, secure, or error-free basis. GRAFIKA makes no warranty regarding the quality of the goods and/or information purchased or obtained through the Site or, the accuracy, timeliness, truthfulness, completeness or reliability of any content obtained through the Site. Regarding downloadable material there is a risk of malfunction, incompatibility, malware, spyware and computer virus and You assume all risks associated with such matters.
You agree to defend, indemnify, and hold GRAFIKA, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal fees, arising out of or in any way connected with Your access to or use of the Site, Services, or any violation by You of these Terms.
Limitation of Liability
You acknowledge and agree that to the maximum extent permitted by law the entire risk arising out of Your access to and use of the Site remains with You. You will not claim GRAFIKA, and thus, You will not sue GRAFIKA on the basis of disputes arising as a result of transactions You may have carried out by using the Site.
Furthermore, neither GRAFIKA nor any other party involved in creating, producing, or delivering the Site will be liable for any incidental, special, punitive, exemplary or consequential damages, including lost profits, loss of goodwill or reputation, or other intangible losses or any indirect, or consequential damages, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury, death, loss of consortium, or emotional distress arising out of or in connection with these Terms, or from the use of or inability to use the Site, whether based on warranty, contract, tort (including negligence), products liability, strict liability, consumer protection statutes, or otherwise, or any other legal theory, and whether or not GRAFIKA has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
GRAFIKA makes no representations about the suitability of the information, products and services contained on the Site. All information is provided “as is” without warranty of any kind.
Intellectual Property Compliance
GRAFIKA respects the intellectual property rights of others and expects users of the Site to do the same. GRAFIKA, may, at its discretion, remove any User Content, and/or disable and/or terminate user accounts, upon any claim of Intellectual Property infringement.
GRAFIKA does not make any representation, and does not assume any responsibility for any Intellectual Property infringement that any person, including a registered user, may carry out by resorting to the Site. However, GRAFIKA may, at its discretion, interrupt or suspend Services in connection with any user content subject to an infringement claim.
In accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”), a summary of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, GRAFIKA will respond expeditiously to claims of copyright infringement committed using the Site that are reported to GRAFIKA Designated Copyright Agent, identified below.
If You are a copyright owner, or are authorized to act on behalf of a copyright owner, or authorized to act under any exclusive right under copyright, You may report alleged copyright infringements taking place on or through the Site by completing the following “DMCA Notice of Alleged Infringement” form and delivering it to the GRAFIKA designated Copyright Agent. Upon receipt of the notice as described below, GRAFIKA will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Site.
DMCA Notice of Alleged Infringement (“Notice”)
- Identify the copyrighted work that You claim has been infringed, or – if multiple copyrighted works are covered by this Notice – You may provide a representative list of the copyrighted works that You claim have been infringed.
- Identify (i) the material that You claim is 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, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found, and (ii) the reference or link, to the material or activity that You claim to be infringing, that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Us to locate that reference or link, including at a minimum, if applicable, the URL of the link shown on the Site where such reference or link may be found.
- Provide Your mailing address, telephone number, and, if available, electronic mail address.
- Include both of the following statements in the body of the Notice: “I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).” “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
- Provide Your full legal name and Your electronic or physical signature. Deliver this Notice, with all items completed, to GRAFIKA Designated Copyright Agent to: GRAFIKA Copyright Agent P.O. Box 227236 Miami, FL 33222
Headings in these Terms are for convenience purposes only and they do not carry any mandatory effect.
These Terms and any action related thereto will be governed by the laws of the State of Florida, without regard to its conflict of laws provisions.
Non-Waiver and Severability
The failure of GRAFIKA to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. If for any reason a court finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Additional Terms, Conditions and Policies
We may enact additional terms, conditions and policies, including, but not limited to, order cancelation, returns, refunds, and modifications policies, among others. By accessing and using the Site You will be bound by those additional terms, conditions and policies.
DISPUTE RESOLUTION SECTION
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS, AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS BETWEEN YOU AND GRAFIKA ARE RESOLVED.
You and GRAFIKA agree that any claim or dispute that may arise between You and GRAFIKA relating in any way to Your access and use of the Site, and/or these Terms, or any other applicable provision between the parties, will be resolved in accordance with the provisions set forth in this Dispute Resolution Section.
Agreement to Arbitrate
You and GRAFIKA each agree that any and all disputes or claims that may arise between You and GRAFIKA relating in any way to, or arising out of these Terms, Your access and use of the Site, or any other applicable provision between the parties, shall be resolved exclusively through final and binding arbitration, rather than in court. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
1. Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND GRAFIKA AGREE THAT EACH OF THOSE PARTIES MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND GRAFIKA AGREE OTHERWISE, THE ARBITRATION TRIBUNAL MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATION TRIBUNAL MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF, AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S.) ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.
2. Arbitration Procedures
The arbitration tribunal should apply these Terms as a court would. All issues are for the arbitrators to decide, including any issues relating to arbitrability, scope or enforceability of this Agreement to Arbitrate. However, any issue relating to the interpretation of Section 1 of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”) shall be for a court of competent jurisdiction to decide.
The arbitration will be conducted by the American Arbitration Association (“AAA”) under its applicable rules and procedures. The arbitral tribunal shall be composed of three arbitrators except for any case where the AAA’s rules provide that the arbitration shall be conducted by a single arbitrator. The seat of the arbitration shall be Miami, State of Florida.
A party who intends to seek arbitration must send to the other, by certified mail, a notice of dispute (“Notice of Dispute”) as well as a Demand for Arbitration to the AAA (in addition to the applicable AAA’s forms.) The Notice of Dispute to GRAFIKA shall be sent to GRAFIKA’S main address, as registered before the Department of State of the State of Florida (at http://www.sunbiz.org/.) GRAFIKA will send any Notice of Dispute to You to the mailing address We have on file associated with Your user account. It is Your responsibility to keep Your mailing address up to date. All information called for in the Notice must be provided, including a description of the nature and basis of the asserted claim and the relief sought. In case there is a settlement offer made by You or GRAFIKA, at any phase or stage of the arbitration, it shall not be disclosed to the arbitration tribunal.
The arbitration tribunal will decide the substance of all claims in accordance with the laws of the State of Florida, without regard to its conflict of law provisions, and shall not be bound by prior arbitration awards. The arbitration award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
With the exception of any of the provisions in Section 1 of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”), if an arbitration tribunal or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If an arbitration tribunal or court decides that any of the provisions in Section 1 of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”) is invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be null and void. The remainder of the Dispute Resolution Section will continue to apply.
Without prejudice of the preceding Agreement to Arbitrate, in any matter that a party may request judicial redress, You agree that the exclusive jurisdiction and venue of any of such matters will be the state or federal courts located in the Miami-Dade County of Florida. Further, in the event that the Agreement to Arbitrate above is found not to apply, either as a result of a decision by the arbitration tribunal or a court order, You agree that the exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms will be the state or federal courts located in the Miami-Dade County of Florida. Therefore, You and GRAFIKAagree to submit to the personal jurisdiction of the courts located within the Miami-Dade County of Florida for the purpose of litigating all such claims or disputes.
5. Jury Trial and Class Action Waiver
In any event, and to the extent permitted by applicable law, You and GRAFIKA hereby: (a) knowingly, voluntarily, intentionally and irrevocably waive the right to a trial by jury with regards to any litigation based hereon or arising out of these Terms, and/or Your access and use of the Site, or any other dispute between You and Us; and (b) agree that any litigation will proceed on an individual basis, and will not proceed as part of a class action.
All notices you may need, or want, to submit to Us must be sent via electronic communication addressed to by following the instructions contained in the “Contact Us” section of the Site.
THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE.