VISP TERMS OF SERVICE
LAST REVISED: [July 31, 2023]
These Terms of Service (“Terms”) form a binding agreement between you and Mauve Leopard, Inc., dba Visp, a Delaware corporation and its subsidiaries and affiliates (collectively referred to herein as “Visp”, “we”, “our”, and “us”). These Terms describe your rights and obligations relating to your use of and access to our website(s), services and applications (collectively, the “Services”) and any products you may purchase through the Services (“Products”). By using the Services, you agree to the Terms as a binding agreement, so it is important that you review and understand these Terms. If you do not agree with any of the provisions of these Terms, do not use the Services.
PLEASE NOTE THAT, EXCEPT AS PROVIDED BELOW, THESE TERMS REQUIRE RESOLUTION OF DISPUTES THROUGH USE OF AN ARBITRATION SERVICE. YOU HEREBY AGREE THAT ALL DISPUTES ARISING FROM, RELATED TO, OR IN CONNECTION WITH YOUR USE OF THE SERVICES OR OUR PRODUCTS WILL BE RESOLVED IN ACCORDANCE WITH THE GOVERNING LAW AND ARBITRATION PROVISIONS SET FORTH IN SECTIONS 17 - 18 BELOW.
IF YOU ARE ACCEPTING AND AGREEING TO THESE TERMS ON BEHALF OF AN ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ACCEPT AND AGREE TO THESE TERMS ON BEHALF OF THE ENTITY.
AGE POLICY; PERMITTED USERS
You may use the Services only if you can form a legally binding contract with Visp, and only in compliance with these Terms and all applicable laws. Any use or access of the Services by anyone under the age of 13 is prohibited. If we learn or have reason to suspect that a user is under 13 years of age, we will promptly delete any personal information in that user’s account. The Services are not available to any users previously prohibited from using the Services by Visp.
INFORMATION YOU PROVIDE TO VISP
PERMITTED USE OF THE SERVICES
You may only use the Services for their intended purpose. You may not use the Services for any other purpose. Any non-permitted use of the Services, as determined in our sole discretion, shall be grounds for immediate termination of these Terms and immediate termination of your use of, and access to, the Services.
NATURE OF THE SERVICES
Through our Services you can visit our website, learn about and purchase our Products. The Services are intended to be accessed and used for non-time-critical information, and they are not intended to be reliable or available 100% of the time. The Services are subject to sporadic interruptions and failures for a variety of reasons beyond our control, including Wi-Fi intermittency, service provider uptime, among others. You acknowledge these limitations and agree that we are not responsible for any damages allegedly caused by the failure or delay of the Services.
ACCEPTABLE USE OF THE SERVICES
Subject to your compliance with the Terms, we grant you a limited, nonexclusive, nontransferable, non-sublicensable, and revocable license to use the Services solely for the purposes permitted by these Terms. You further specifically agree that you will not:
- violate or attempt to violate any security features of the Services, including, without limitation, accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access;
- attempt to probe, scan, or test the vulnerability of the Services, or any associated system or network, or to breach security or authentication measures without proper authorization;
- use the Services in any manner that is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable
- interfere or attempt to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Services, overloading, “flooding,” “spamming,” “mail bombing,” “crashing,” or undertaking similar activities;
- forge any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Services;
- copy, sell, distribute, publish, download, or reproduce any aspect of the Services.
- modify, make derivative works of, decompile, reverse-engineer, disassemble, or otherwise convert any aspect of the Services.
- license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services;
- access the Services in order to build a similar or competitive service;
- access (or attempt to access) any of the Services by means other than through the interface that is provided by Visp;
- remove, obscure or alter any proprietary rights notices (including copyrights and trademark notices) which may be contained in or displayed in connection with the Services.
OWNERSHIP OF THE SERVICES
The Services contain important and proprietary property owned by us, including software that constitute our intellectual property. Except with respect to your purchase of Products (but not the underlying technology therein), nothing in these Terms shall be construed as a conveyance of any ownership right or title in or to our property.
Further, you may choose to, or we may invite you to submit comments, suggestions, or ideas about the Services and Products, including how to improve the Services and Products (“Feedback”). By submitting any Feedback, you agree that your submissions are voluntary, gratuitous, unsolicited, and without restriction and will not place us under any fiduciary or other obligation. We may use, copy, modify, publish, or redistribute the Feedback for any purpose and in any way without any compensation to you. You also agree that we do not waive any rights to use similar or related ideas previously known to us, developed by its employees, or obtained from other sources.
- Payment and Billing Information. By providing a credit card or other payment method for the purchase of Products through the Services, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your purchase (including any applicable taxes and other charges) (collectively, as applicable, an “Order”). If the payment method cannot be verified, is invalid, or is otherwise not acceptable, your Order may be suspended or canceled. You must resolve any problem we (or our third-party payment processor) encounter in order to proceed with your Order. You acknowledge that the amount billed may vary due to promotional offers, changes in the Services, or changes in applicable taxes or other charges, and you authorize us (or our third-party payment processor) to charge your payment method for the corresponding amount.
- Pricing and Availability. All prices are shown in U.S. dollars and applicable taxes and other charges, if any, are additional. Prices may be adjusted at any time and for any reason (or no reason) and without providing you prior notice. Products are subject to availability, and we reserve the right to discontinue making certain Products available without prior notice.
Returns and Refunds. We gladly accept returns of Products purchased on our website for a full refund within 30 days of original purchase. Refunds will be made in the form of the original payment. To start a return, please email firstname.lastname@example.org with the subject line RETURN and your order number. Items sent back to Visp without first requesting a return through the above process will not be accepted. Our return policy lasts 30 days. If 30 days have gone by since your purchase, we typically can’t offer a refund or exchange. You will be responsible for paying for your own shipping costs for returning your item. All shipping costs are non-refundable. If you receive a damaged or faulty Product, please contact us at email@example.com within 30 days of delivery to learn how to exchange your Product. Exchanges or refunds for items that arrived damaged cannot be processed without a photo to document the damage. We will not offer an exchange for issues arising from normal wear and tear, misuse, or loss/theft of the Product. Purchases must be made directly from drinkvisp.com If you purchased with another retailer, please contact them directly to coordinate a return.
THIRD PARTY SITES AND SERVICES
MODIFICATIONS TO THE SERVICES
We reserve the right, at any time, to modify, update, suspend, or discontinue the Services or any part thereof with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services or any part thereof.
INTELLECTUAL PROPERTY RIGHTS OF OTHERS
You may not upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of intellectual property or proprietary rights of any third parties. If you do not respect a third party’s intellectual property or proprietary rights, you are solely responsible for any violations of law. In addition, you are solely responsible for infringement of third-party rights caused by any information that you generate through your account.
USERNAMES AND PASSWORDS; ACTIONS FROM YOUR ACCOUNT
As part of our Services, you will have the option to create an account with a username and password. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Services does not violate any U.S. or other applicable law or regulation. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your username and password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. If you become aware of any unauthorized use of your account, username, password, or any other breach of security, you must promptly notify us of such use. You may not use anyone else’s account, including their username or password. You agree that we will not be liable for any loss that you incur if someone else uses your account, username, or password, either with or without your knowledge. Further, you agree that because you are responsible for maintaining access to your account, that you are solely responsible for any harm caused by use or misuse of the Services originating from your account, whether or not you were actually the person who used or misused the Services.
DISCLAIMER OF WARRANTIES
- THE SERVICES AND OUR PRODUCTS ARE PROVIDED FOR YOUR CONVENIENCE, “AS IS” AND “AS AVAILABLE” AND VISP AND OUR LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT.
- VISP AND OUR LICENSORS AND SUPPLIERS MAKE NO WARRANTY THAT THE SERVICES: (I) WILL MEET YOUR REQUIREMENTS; (II) WILL BE COMPATIBLE WITH YOUR HOME NETWORK, COMPUTER OR MOBILE DEVICE; (III) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (IV) WILL BE ACCURATE OR RELIABLE.
- VISP MAKES NO REPRESENTATIONS CONCERNING ANY CONTENT CONTAINED IN OR ACCESSED THROUGH THE SERVICES, AND VISP WILL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, LEGALITY OR DECENCY OF MATERIAL CONTAINED IN OR ACCESSED THROUGH THE SERVICES. VISP MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING SUGGESTIONS OR RECOMMENDATIONS OF SERVICES OR PRODUCTS OFFERED OR PURCHASED THROUGH, OR IN ASSOCIATED WITH, THE SERVICES. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE.
- THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THESE TERMS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES OR OTHER RIGHTS, SO THOSE PROVISIONS OF THESE TERMS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
Nothing in these Terms and in particular within this "Limitation of Liability" clause shall attempt to exclude liability that cannot be excluded under applicable law.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL (A) VISP BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THE SERVICES OR OUR PRODUCTS, EVEN IF VISP KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) VISP’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE SERVICES AND OUR PRODUCTS, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEED THE GREATER OF (I) VISP’S EXPENSES IN COMPLYING WITH THE PRODUCT RETURN POLICY, OR (II) $100. THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM.
You agree to defend, indemnify and hold harmless Visp, its directors, officers, employees, and agents, as well as its licensors and suppliers from any damages, liabilities, claims or demands (including costs and attorneys’ fees) made by any third party due to or arising out of your violation of these Terms, or any law or the rights of any third party. Visp reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Visp and you agree to cooperate with our defense of such claims. You agree not to settle any such claim without Visp’s prior written consent. Visp will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
These Terms shall be governed by the laws of the State of Florida, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction by and venue in the state and federal courts in Palm Beach County, Florida, and waive any objection to such jurisdiction or venue, for the purpose of litigating all such claims or disputes, unless such claim or dispute is required to be arbitrated as set forth in these Terms.
(a) Contact Visp First. If a dispute arises between you and Visp, we hope to be able to resolve the issue directly. You agree that you will notify Visp about any dispute you have with Visp regarding these Terms, the Services, or Products by contacting Visp. Our contact information is at [firstname.lastname@example.org].
(b) Binding Arbitration. You and Visp agree, subject to Section 18(g) (Limited Injunctive Relief), to submit any claim, dispute, action, cause of action, issue, or request for relief arising out of or relating to these Terms or your use of the Services or Products (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) to binding arbitration rather than by filing any lawsuit in any forum other than set forth in this section. This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of or relating to your use of the Service.
(c) Arbitration Procedures. You must first present any claim or dispute to us by contacting Visp to allow us an opportunity to resolve the dispute. You may request arbitration if your claim or dispute cannot be resolved within 60 days after presenting the claim or dispute to Visp. Visp may request arbitration against you at any time after it has notified you of a claim or dispute. The arbitration of any dispute or claim shall be conducted in accordance with the then current and applicable rules of the American Arbitration Association as modified by these Terms. The place of any arbitration will be Palm Beach County, Florida, and will be conducted in the English language. Claims will be heard by a single arbitrator. The arbitrator may not award relief in excess of or contrary to what this agreement provides, order consolidation or arbitration on a class wide or representative basis, award punitive or consequential damages or any other damages aside from the prevailing party’s actual damages, or order injunctive or declaratory relief, except that the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute. Any arbitration shall be confidential, and neither you, nor Visp nor the arbitrator may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement or appeal of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.
(d) No Class Actions. There shall be no right or authority for any claims subject to this arbitration clause to be arbitrated on a class action or consolidated basis or on bases involving claims brought in a purported representative capacity on behalf of the general public (including, but not limited to, as a private attorney general).
(e) Fees and Expenses. All administrative fees of arbitration will be divided equally between you and Visp. Each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at the arbitration hearing.
(f) YOU MUST CONTACT VISP WITHIN ONE (1) YEAR OF THE DATE YOU REASONABLY SHOULD HAVE BEEN AWARE OF THE EVENT OR FACTS GIVING RISE TO A DISPUTE, OR YOU WAIVE THE RIGHT TO PURSUE ANY CLAIM BASED UPON SUCH EVENT, FACTS, OR DISPUTE.
(g) Limited Injunctive Relief. Notwithstanding the foregoing, Visp may seek injunctive or other equitable relief in court to protect its confidential information and intellectual property rights or to prevent loss of data or damage to its servers in any court of competent jurisdiction.
TERM AND TERMINATION
These Terms will remain in full force and effect so long as you continue to access or use the Services, or until terminated in accordance with the provisions of these Terms.
Upon termination of these Terms, your Account and your right to use the Services will automatically terminate. However, the provisions of these Terms that by their sense and context are intended to survive the termination of these Terms shall survive the termination. Such provisions shall include Sections 7 - 10 and 14 - 25.
SEVERABILITY AND WAIVER
If, for whatever reason, any term or condition in these Terms is deemed unenforceable, all other terms and conditions will remain unaffected and in full force and effect. The failure to enforce any provision of these Terms is not a waiver of our right to do so later, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
These Terms shall be binding on the parties and their respective successors and assigns. These Terms may be assigned by Visp without restriction. These Terms may not be assigned or otherwise transferred by you without our prior written consent.
MODIFICATIONS TO THESE TERMS
As we improve or change our Services, we may add to, change, update, or modify these Terms with or without notice to you. If we materially modify these Terms, we will either post a notification of the modification on our website or otherwise provide you with notice of the change. If you continue to use the Services, you consent to the new Terms. We will always have the latest version of these Terms available through the Services.
HEADINGS USED IN THESE TERMS
The section headings contained in these Terms are for reference purposes only and shall not affect in any way the meaning or interpretation of these Terms.
24. ENTIRE AGREEMENT
These Terms constitute the entire agreement between you and Visp regarding your use of the Services and Products, and supersede all prior written or oral agreements.
25. CONTACT US
If you have any questions about the Services or Products, please do not hesitate to contact us at [email@example.com].
MOBILE TERMS OF SERVICE
Mauve Leopard Inc. dba Visp
Last updated: Sept. 23, 2023
The Visp mobile message service (the "Service") is operated by Mauve Leopard, Inc., dba Visp, a Delaware corporation and its subsidiaries and affiliates (collectively referred to herein as “Visp”, “we”, “our”, and “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
By consenting to Visp’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Visp through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Visp. Your participation in this program is completely voluntary.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
You may opt-out of the Service at any time. Text the single keyword command STOP to +18449823242 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other drinkvisp mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.
For Service support or assistance, text HELP to +18449823242 or email firstname.lastname@example.org.
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.