Terms of Service VFM

Effective Date:           January 1        , 2020

You have accessed the Vivir FelizMente, LLC (“We”, “us”, “VFM”) website located at www.vivirfelizmente.com (“Website”), through which we offer numerous services in the form of life coaching to help you live the life you want to, with tools, advice, and other resources to assist you (collectively, “Services”). By using the Services, and as a condition of such use, you the user (“you”) agree to these Terms, including the Privacy Policies incorporated by reference in these terms. We urge you to carefully read and understand these Terms prior to your use of the Services or if you have any questions about the Services. The Services may change from time to time as the Website evolves, refines, or adds more features to the Services. We reserve the right to modify, withdraw, or discontinue the Services, in whole or in part, at any time without notice to you. You agree that the Company shall have no liability to you or any third party for any losses or damages caused by the Services not being available, in whole or in part, at any time or for any period.

Using our Services

In order to use the Services, you must first register as a user on the registration page. You must register for an account and provide certain information about yourself to access the Services or certain features of the Services. You promise to provide us with accurate, complete, and updated information about yourself. The Company may have different types of accounts for different users. If you connect to any Services with a third-party service or allow the App to communicate with third-party services you use, you grant us permission to access and use your information from such service as permitted by that service to store your login credentials for that service. All information that you provide will be governed by our Privacy Policy (www.vivirfelizmente.com/privacy-policy). You consent to all actions that we may take with respect to your information consistent with our Privacy Policy.

You are entirely responsible for maintaining the confidentiality of your password and account. You are also entirely responsible for any and all activities associated with your account. Your account is personal to you and you agree not to grant or provide to any other person access to the Services or any portions of them using your username, password, or other security information. You should check and make sure that you exit from your account at the end of each session. You should use extra caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You may not transfer your account to anyone else without our prior written permission. You agree to notify the Company immediately of any actual or suspected unauthorized use of your account or any other breach of security. The Company will not be liable for any losses or damages arising from your failure to comply with the above requirements. You will be held liable for losses or damages incurred by the Company or any third party due to someone else using your account or password.

The Company shall have the right to suspend or terminate your account at any time in our sole discretion for any or no reason, including if we determine that you have violated any terms or conditions of this Agreement. You may delete your account at any time, for any reason, by following the instructions on the Website.

As a user, you must not misuse or abuse our Services, interfere with our Services or try to access them in a way except as permitted by these Terms. You must use Services only as permitted by law. We reserve the right to suspend or stop providing our Services to you if you do not follow our Terms, Privacy Policies, or other terms of use. We may also suspend or stop providing our Services as part of an investigation of suspected misconduct by you or others.

By using our Services, you do not obtain any ownership of any intellectual property rights in our Services or the content of the Website. You may not use content from our Services for any other purpose other than that state on the Website or in these Terms. While a user, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to use and access the Services solely for personal and non-commercial use only in accordance with these Terms. The Content may not be used for any other purpose.  This license will terminate upon your cessation of use of the Services or termination of the Services or your account by us.

You shall not copy, reproduce, publish, display, perform, post, transmit, or distribute any part of the Content in any form or by any means except as expressly permitted herein or as enabled by a feature, product, or the Services when provided to you. No Modifications. You shall not modify, create derivative works from, translate, adapt, disassemble, reverse compile, or reverse engineer any part of the Content. You shall not sell, license, sublicense, transfer, assign, rent, lease, loan, host, or otherwise exploit the Content or the Services in any way, whether in whole or in part. You shall not delete or alter any copyright, trademark, or other proprietary rights notices from copies of the Content. You shall not access or use the Content in order to build a similar or competitive website, product, or service. You shall not use any information retrieval system to create, compile, directly or indirectly, a database, compilation, collection or directory of the Content or other data from the Services.

Our Services may display some content that does not belong to VFM. Such content will be identified as non-VFM content and is the responsibility of the firm or individual who made it available to us. We may review content to determine whether it is illegal or violates any of our policies, and we will remove or refuse to display content that we believe violates our policies or the law. We do not necessarily review all content and you should not assume that we do.

In connection with your use of our Services, we may send you announcements, administrative messages, and other information. You may opt out of some of these communications. Some of our Services are available on mobile devices. Do not use our Services in a way that distracts you and prevents or diminishes your ability to obey traffic and safety laws.

The Service has or may include in the future message boards, chatrooms, profiles, forums, and other interactive features that allow users to post, upload, submit, publish, display, or transmit to other users or other persons content or materials (collectively, “User Content”) on or through the Services. You are solely responsible for your User Content.  Please consider carefully what you choose to share. All User Content must comply with the Content Standards set forth below.  Any User Content you post on or through the Services will be considered non-confidential and non-proprietary. You assume all risks associated with the use of your User Content.  This includes any reliance on its accuracy, completeness, reliability, or appropriateness by other users and third parties, or any disclosure of your User Content that personally identifies you or any third party.  You agree that the Company shall not be responsible or liable to any third party for any User Content posted by you or any other user of the Services. You further agree that the Company shall not be responsible for any loss or damage incurred as the result of any interactions between you and other users. Your interactions with other users are solely between you and such users. If there is a dispute between you and any other user, we are under no obligation to become involved.

Life Coaching Services

THE SERVICES ARE NOT INTENDED FOR AND ARE NOT SUITABLE FOR USE IN FOR EMERGENCIES. OUR COACHES ARE NOT NECESSARILY TRAINED OR QUALIFIED TO ASSIST THOSE IN CRISIS. ALL CRISIS COMMUNICATIONS WILL BE TERMINATED IMMEDIATELY.

IF YOU ARE THINKING ABOUT SUICIDE, IF YOU FEEL THAT YOU MAY BE A DANGER TO YOURSELF OR TO OTHERS, OR IF YOU OTHERWISE HAVE ANY MEDICAL EMERGENCY, PLEASE IMMEDIATELY CALL 911 (OR THE RELEVANT EMERGENCY NUMBER IN YOUR COUNTRY) AND NOTIFY THE POLICE OR EMERGENCY MEDICAL SERVICES.

You acknowledge and agree that all Life Coaches are neither employees nor agents nor representatives of VFM, and VFM assumes no responsibility for any act or omission of any Life Coaches.

You understand and agree that, although a Life Coach may have been accessed through VFM, VFM cannot predict or assess the competence of, or appropriateness for your needs, of the Life Coach selected. You also acknowledge and agree that you take full responsibility for the decision to access a Life Coach through the Site and to continue to interact with the Life Coach, and that our role is strictly limited to providing a Website to seek out and possibly access a Life Coach for your consideration.

Your relationship relating to the Life Coaching Services is strictly with the Life Coach you select. We are not involved in any way with the content or substance of that relationship, the communications of the parties to that relationship, or any part of the Life Coaching Service (whether provided through the Website or not). Information shared between you and a selected Life Coach during online session may be reviewed periodically by VFM to conduct quality control, address potential safety issues, and prevent misuse of our Website if certain suspicious or potentially harmful activity is detected or otherwise brought to our attention. We may also use aggregated data from chat transcripts to conduct research and development. In reviewing this information, VFM will maintain all applicable confidentiality/HIPAA/privacy standards.

VFM makes no representation or warranty whatsoever as to (a) the accuracy or availability of the Website, (b) the willingness, skills, specific training or ability of the Life Coach to assist your needs, (c) whether you find a Life Coach useful, helpful or satisfactory, (e) whether you find a Life Coach’s advice relevant, useful, accurate, helpful or satisfactory, (f) whether the advice of the Life Coach will be responsive or relevant to the Member’s question, or (g) whether the Life Coach’s advice will otherwise be suitable for your perceived needs.

VFM does not verify the skills, degrees, qualifications, credentials or background of any Life Coach.

You expressly acknowledge that we do not guarantee such verification of the skills, degrees, qualifications, credentials, competence or background of any Life Coach.

It is your responsibility to conduct independent verification regarding any Life Coach that provides you with Services (whether through the Website or not).

WE STRONGLY RECOMMEND THAT YOU CHECK THE CERTIFICATION AND/OR LICENSING OF THE LIFE COACH IF THAT IS IMPORTANT TO YOU.

In case you make a payment through the Website, or make any payment to us, this payment is made to the Life Coach by us for the Services. We may charge the Life Coach by taking a portion of this payment for the use and operation of the Website (“Website Use Fees”). However, we will not be deemed as the Life Coach of any Services regardless of payment. Furthermore, the payment for the use of the Website is made by the Life Coach and not by you.

VFM DOES NOT WARRANT THE VALIDITY, ACCURACY, OR AVAILABILITY OF ANY CONTENT OR ADVICE PROVIDED BY LIFE COACHES AND VFM WILL NOT BE LIABLE FOR ANY DAMAGES SUSTAINED BY MEMBER DUE TO RELIANCE ON ANY SUCH INFORMATION OR ADVICE.

VFM DOES NOT WARRANT THE VALIDITY, ACCURACY, OR AVAILABILITY OF ANY CONTENT OR ADVICE PROVIDED BY CHATBOTS AND VFM WILL NOT BE LIABLE FOR ANY DAMAGES SUSTAINED BY MEMBER DUE TO RELIANCE ON ANY SUCH INFORMATION OR ADVICE.

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS, NEITHER VFM NOR ITS AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, REPRESENTATIVES, OR AGENTS MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE OUR SERVICES “AS IS.” WE EXCLUDE ALL WARRANTIES.

Liability for Our Services

WHEN PERMITTED BY LAW, VFM AND VFM’ AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, REPRESENTATIVES, OR AGENTS WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF VFM AND ITS AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, REPRESENTATIVES, AND AGENTS FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE SO CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).

IN ALL CASES, VFM AND ITS AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, REPRESENTATIVES, AND AGENTS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

You agree to hold harmless and indemnify VFM and its affiliates, officers, directors, shareholders, employees, sub-contractors, representatives, and agents from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgements, litigation costs, and attorneys’ fees.

Digital Millennium Copyright Act

We respect the intellectual property rights of others and request users to do the same. We will respond to notices of abuse or alleged copyright infringement and terminate accounts of repeat offenders according to the process set out in the U.S. Digital Millennium Copyright Act (“DMCA”). Consistent with the DMCA, if you believe there is copyright infringement, please send an email or written notice to our Designated Agent at the following: admin@vivirfelizmente.com or 1321 Upland Dr. STE: 11808 Houston, TX 77043115

with a description of the alleged infringement

1. identification of the copyrighted work
2. your name and contact information (email address and phone number)
3. signed statement that you are either the copyright owner or the person authorized to act on behalf of the copyright owner.

Chatbots

VFM utilizes cutting-edge technology including complex algorithms and machine learning to deliver limited, interactive chat features with our Chatbots.

You understand and agree that, although a Chatbot may have been accessed through the Website, we cannot predict or assess the Chatbot’s competence of, or appropriateness for your needs. You also acknowledge and agree that you take full responsibility for the decision to access a Chatbot through the Website and to continue to interact with the Chatbot, and that the role of VFM is strictly limited to providing access to such Chatbots for your consideration.

Business Uses of Our Services

You may not use our Services on behalf of a business or organization, that business or organization accepts these terms.

About These Terms

We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. Please check back regularly to verify these Terms and any changes, and determine if any changes are unacceptable to you, in in which case you must cease using the Website and the Services. We’ll post notice of modifications to these terms on this page and communicate the same to registered users. Changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If there is a conflict between these Terms and the additional terms, the additional terms will control for all purposes.

These terms control the relationship between VFM and you. They do not create any third party beneficiary rights.

If you do not comply with these terms, and we don’t take action right away, that doesn’t mean that we will give up any rights that we may have (such as taking action in the future).

If it turns out that a particular term is not enforceable, this will not affect any other terms. The laws of California, U.S.A., excluding California’s conflict of laws rules, will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the federal or state courts of San Diego County, California, U.S.A., and you and VFM consent to personal jurisdiction in those courts.

ARBITRATION CLAUSE

For more information about how to contact VFM, please visit our www.vivirfelizmente.com.