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Terms and Conditions

 

Terms and Conditions

This website is operated by VaVaVoo, LLC. Throughout the site, the terms “we”, “us”, “Company”, “VaVaVoo” and “our” refer to VaVaVoo, LLC. VaVaVoo, LLC offers this website (“Site”), 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 herein (“Terms”). You are encouraged to review these Terms each time you use the Site because your use of the Site after the posting of changes will constitute your acceptance of the changes. By agreeing to these Terms it also constitutes your agreement to the Rewards Points Terms and Conditions (the “Rewards Points Terms”) and the Privacy Policy which are incorporated herein. If you do not agree to these Terms, you should not use or access this Site.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by these terms and conditions, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms 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 carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. 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 are considered an offer, acceptance is expressly limited to these Terms.

Any new features or tools which are added to the current store shall also be subject to the Terms. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms 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.

By agreeing to these Terms, 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.

Any user who registers with us (each, a “Registered User”) and wishes to purchase a product or subscription through our Site is agreeing to these Terms and any other posted terms and conditions that relate to such product or service.

We grant you a personal, limited, non-transferable, non-exclusive license to access and use the Site. We reserve the right, in our sole discretion and without notice to you, to revise the products and services available on the Site and to change, suspend or discontinue any aspect of the Site and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. Your continued use of the Site will constitute your acceptance of any such changes.

Use of the Site

You may use the Site only for your own noncommercial personal use and in compliance with these Terms. You are responsible for your own communications, including the transmission, uploading or posting of information to the Site and are responsible for the consequences of such communications. Any other use of the Site requires the prior written consent of VaVaVoo. You may not otherwise copy, modify, or distribute the contents of this Site without the express written permission of VaVaVoo. You may not modify, publish, transmit, participate in the transfer of, sell, create derivative works from, or in any way exploit any of the content found on the Site, in whole or in part.

We require all users to agree not to use the Site, and specifically prohibit any use of the Site, for any of the following purposes:

Posting, communicating or transmitting any material that infringes on any intellectual property, publicity or privacy right of another person or entity;

Posting any information which is untrue, inaccurate or not your own;

Posting or communicating information that is defamatory, libelous, indecent, obscene, pornographic, sexually explicitly, promotes violence or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origins, religious, disability, gender, age, veteran status, and/or sexual orientation/gender identity);

Engaging in conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any law or regulation;

Attempting to interfere with or attempt to interrupt the proper operation of the Site through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files or passwords related to the Site through hacking, password or data mining, or any other means;

Attempting to interfere in any way with VaVaVoo’s network security, or attempting to use the Sites service to gain unauthorized access to any other computer system; and

Using the Site to drop ship merchandise to third parties.

You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Site. Further, you may not use any such automated means to manipulate the Site, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Site or any other user's use of the Site, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the Site, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms. You may not frame portions of the Site within another web site. You may not resell use of, or access to, the Site to any third party without our prior written consent.

Registration and Passwords

    In order to access certain services on the Site, you will be required to provide specific information. All information about you must be truthful, and you may not use any aliases or other means to mask your true identity. Any access codes or passwords provided should be safeguarded at all times. You are responsible for the security of your access codes and passwords and will be solely liable for any use or unauthorized use of the Site under such access codes or passwords. You will promptly inform us of any need to deactivate a Password or Sign-In Name. We may suspend or terminate your access at any time with or without notice and VaVaVoo will not be liable for any loss or damage caused by any unauthorized use of your account. To understand how we use information collected from you, please read our Privacy Policy.

    Additional Terms and Conditions

      You agree that additional terms and conditions may apply to specific products, orders or your use of certain portions of the Site, including with respect to ordering, shipping and return policies, review guidelines and reward programs (including the Rewards Points Terms) (“Additional Terms”), which Additional Terms are made part of these Terms by reference. If there is a conflict between these Terms and the Additional Terms, the Additional Terms shall control.

      Site Not for Minors

        The Site is available to registered and unregistered users who are 13 years old and older and who have not been suspended or removed by VaVaVoo for any reason (each a “Member”). We reserve the right to revoke your ability to access the products and services offered on the Site for any reason at any time including as a result of a violation of these Terms or the Privacy Policy, without notice. If you are a minor, you must obtain the consent of your parent or legal guardian to use the Site and agree to these Terms. Use of the Site is void where prohibited by law.

        Fraud Protection

          As part of our order processing procedures, we may screen received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If we suspect fraudulent, unauthorized or illegal activity, we may reject your order or we may contact you at the phone number or email address you provided to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.

          The Subscription Contract Between You And Us

            VaVaVoo offers four subscription types: rebillable monthly subscriptions (“Monthly Subscriptions”); rebillable three month subscriptions (“Three Month Subscriptions”); rebillable six month subscriptions (“Six Month Subscriptions”); and rebillable annual subscriptions (“Annual Subscriptions”); as well as prepaid gift subscriptions of one, three, six or twelve months (“Gift Subscriptions”). Subscriptions and subscription boxes are non-refundable.

            Monthly Subscriptions:

            By purchasing a Monthly Subscription, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. Your subscription will be automatically extended for successive monthly periods and your payment method will automatically be charged for each successive monthly period at the then-current subscription rate. VaVaVoo may submit periodic charges (e.g., monthly) without further authorization from you, until you provide prior notice that you have terminated this authorization or wish to change your payment method. Such notice will not affect charges submitted before VaVaVoo reasonably could act.

            To cancel your Monthly Subscription at any time, you must email us at support@vavavoo.com. You must cancel your account before the first day of the month to cancel the current month's shipment. IF YOU DO NOT CANCEL PRIOR TO THE FIRST DAY OF A CALENDAR MONTH, YOU WILL BE CHARGED FOR THAT MONTH'S SHIPMENT OF PRODUCTS TO YOU. If you’ve already been billed for this month’s box, your cancellation will take effect in the next billing cycle. 

            Three Month Subscriptions:

            By purchasing a Three Month Subscription, you acknowledge that your subscription has an initial pre-payment feature for three months of service. At the end of the three months, your subscription will be automatically extended for another term of three months and your payment method will automatically be charged for each successive three-month period at the then-current subscription rate.

            You may cancel your automatic renewal at any time. To cancel your Three Month Subscription renewal, you must email us at support@vavavoo.com. The cancellation will apply only to future renewals. For ex., if you opt to cancel a Three-Month Subscription during the second month, you will still receive the third month’s box that you already paid for. After receiving the third month’s box, you will not be charged for another Three-Month Subscription.

            Six Month Subscriptions:

            By purchasing a Six Month Subscription, you acknowledge that your subscription has an initial pre-payment feature for six months of service. At the end of the six months, your subscription will be automatically extended for another term of six months and your payment method will automatically be charged for each successive six-month period at the then-current subscription rate.

            You may cancel your automatic renewal at any time. To cancel your Six Month Subscription renewal, you must email us at support@vavavoo.com. The cancellation will apply only to future renewals. For ex., if you opt to cancel a Six-Month Subscription during the fourth month, you will still receive the fifth and six month’s boxes that you already paid for. After receiving the six month’s box, you will not be charged for another Six-Month Subscription.

            Annual Subscriptions:

            By purchasing an Annual Subscription, you acknowledge that your subscription has an initial pre-payment feature for one full year of service. At the end of the year, your subscription will be automatically extended for another term of one year and your payment method will automatically be charged for each successive annual period at the then-current subscription rate.

            You may cancel your automatic renewal at any time. To cancel your Annual Subscription renewal, you must email us at support@vavavoo.com. The cancellation will apply only to future renewals. For ex., if you opt to cancel an Annual Subscription during the fourth month, you will still receive the fifth through twelfth month’s boxes that you already paid for. After receiving the twelfth month’s box, you will not be charged for another Annual Subscription. 

            Gift Subscriptions:

            For Gift Subscriptions, the subscription will not be renewed after the then-current term expires. You cannot cancel a Gift Subscription and the pre-paid fee is non-refundable.

            We reserve the right to revoke your subscription at any time as a result of a violation of these Terms or the Privacy Policy.

            You must provide and keep us up to date with accurate member information, including your name, address, and payment information. You agree that we may update your information with information your bank or credit card issuer may supply, or other information available to us. All such personal information is subject to the Privacy Policy, incorporated into this Agreement. We are not responsible for any fees or charges that your bank or credit card issuer may apply. If your credit card issuer reverses a charge to your credit card, we may bill your account directly and seek payment by another method including a mailed statement.

            Monthly Selection
            As a VaVaVoo subscriber, each month you will receive a monthly box containing 1-3 complementary jewelry pieces. VaVaVoo cannot guarantee that a selection available in a particular month will be available in any subsequent month or that all jewelry will be available in any specific month.

            Registered Users
            As a registered user of VaVaVoo, you agree to receive emails promoting any special offer(s), including third party offers.

            Subscribers
            As a Subscriber or Gift recipient of VaVaVoo, you agree to receive emails, newsletters and other communications announcing your monthly box collection and promoting any special offer(s), including third party offers.

            As a subscriber or gift recipient, you will be able to log into your account during the "Monthly Reveal" window (1st - 3rd of every month) to see what is in your box. During the "Monthly Reveal" window (1st - 3rd of every month) you will have the opportunity to switch to a different style box and to customize your box with specially discounted items. If you do not respond or change any information in My Account on vavavoo.com during the “Monthly Reveal” window (1st – 3rd of every month), we will send you your default style profile box. You must log into the Monthly Reveal (also referred to as the VaVaVault™) by midnight EST on the 3rd of the month and confirm your choices. You have until midnight EST on the 3rd of the month to notify us of your decision to change your Style Profile. However, changing your default style during the "Monthly Reveal" window does not guarantee you that style box.

            As a subscriber you may opt out of a box in any month.  (However, gift recipients do not have this option at this time.) As a subscriber, you also have the option to send your monthly box as a gift to a girlfriend, sister, co-worker, or anyone else free of any additional charge.  Simply send us an email with your friend’s name and shipping address by midnight EST on the 3rd of the month and we will take care of the rest. Your selection will be sent according to our shipping policy to either your provided address or to one provided for a friend. Please also refer to our How It Works and FAQ section for additional detail on our Shipping Policy.

            Fees and Payment

            As consideration for any purchase you make on the Site, you shall pay VaVaVoo all applicable fees and taxes. We (or our third-party payment processor) shall authorize your credit card, bank account, or other approved payment facility you provided during the registration process for the full payment of the fees and any applicable taxes, and you hereby consent to the same.

            You must provide current, complete, and accurate billing and credit card information. You must promptly update all billing information (such as billing address, card number, and expiration date) to keep your account current, complete, and accurate, and you must promptly contact us if your credit card is lost or stolen, or if you become aware of a potential breach of account security (such as an unauthorized disclosure or use of your Sign-In Name or Password). You hereby authorize VaVaVoo to obtain or determine updated or replacement expiration dates for your credit card in the event that the credit card you provided us expires. We reserve the right to charge any renewal card issued to you to the same extent as the expired card. If payment is not received from your credit card issuer, you hereby agree to pay all amounts due upon demand. You agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance.

            Product Information; Limitation on Quantities

              Excluding any content that may be submitted by customers from time to time, we strive to ensure that the information on the Site is complete and reliable. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies, which we may correct without liability. We also reserve the right to limit quantities and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted or acknowledged). In addition, we cannot guarantee that products or services are available. They may have limited quantities and are subject to return or exchange only according to our Return Policy. We do not guarantee that all products described on our Site will be available. We reserve the right to limit the sales of our products or services to any person. We may exercise this on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. 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.

              In addition, 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 service will be corrected.

              Proprietary Rights

                You acknowledge and agree that the content (other than content that may be submitted by customers), materials, text, images, videos, graphics, trademarks, logos, button icons, music, software and other elements available on the Site are the property of VaVaVoo or our licensors and are protected by copyright, trademark and/or other proprietary rights and laws. You agree not to sell, license, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, modify or create derivative works from any content or materials on the Site. VaVaVoo, VaVaVault, VaVaYou and the VaVaVoo logo are registered trademarks of VaVaVoo, LLC. All other trademarks are the property of their respective owners. All of our content is Copyrighted by VaVaVoo, LLC. All rights reserved. Except as expressly set forth in these Terms, no license is granted to you and no rights are conveyed by virtue of accessing or using the Site. All rights not granted under these Terms are reserved by VaVaVoo.

                Contributed Content Guidelines

                  VaVaVoo values your engagement. When contributing content, please consider the following guidelines:

                  By submitting or posting any materials or content on the Site, you grant VaVaVoo a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant VaVaVoo the license specified above. You further represent, warrant and covenant that any materials you provide will not contain libelous or otherwise unlawful, abusive or obscene material. VaVaVoo will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution or compensation to you.

                  All contributed content is subject to the terms set forth below and in our standard Terms and Conditions, which include our policy regarding copyright infringement;

                  We reserve the right not to post your content for any reason whatsoever, including if it contains any of the following types of content or violates other guidelines. By way of example, and not as a limitation, you agree that when contributing content, you will not:

                  Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;

                  Use obscenities, discriminatory language, or other language not suitable for a public forum;

                  Post advertisements, “spam” content, or references to other products, offers, or websites;

                  Post email addresses, URLs, phone numbers, physical addresses or other forms of contact information;

                  Post unduly critical or spiteful comments of other content posted on the page or its authors;

                  Post files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have expressly received all necessary consents;

                  Post files or content that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;

                  Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, or impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity;

                  In addition, if you wish to share feedback with us about product selection, pricing, ordering, delivery or other customer service issues, please do not submit this feedback through a content submission. Instead, contact us directly via support@vavavoo.com.

                  Optional Tools

                  We may provide you with access to third-party tools over which we neither monitor nor have any controls 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 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.

                  General Disclaimers

                  You assume all responsibility and risk with respect to your use of the Site. THE SITE, AND ALL CONTENT, MERCHANDISE, AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THIS SITE OR A “LINKED” SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY. SPECIFICALLY, BUT WITHOUT LIMITATION, VAVAVOO DOES NOT WARRANT THAT: (1) THE INFORMATION ON THIS SITE IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THEM AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. VaVaVoo makes no warranties of any kind regarding any non-VaVaVoo sites to which you may be directed or hyperlinked from this Site. Hyperlinks are included solely for your convenience, and VaVaVoo makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non-VaVaVoo sites. VaVaVoo does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site.

                  Disclaimer – No Professional Advice

                    Any information provided by us regarding the products or otherwise (e.g. product descriptions or instructions) is for informational purposes only. You should not take any action based upon any information contained on the Site. Use of the Site is not meant to serve as a substitute for professional advice. You should read and strictly follow all product labels, packaging inserts and instructions and all manufacturer directions and warnings and seek independent professional advice when appropriate.

                    Taxes

                      Your total price will include the price of the product plus any applicable sales tax; such state and local sales tax is based on the shipping address and the sales tax rate in effect at the time you purchase the product. We will charge tax only in states where the goods sold over the internet are taxable.

                      Links to External Sites

                      The Platform may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.

                      Indemnification

                        You agree to indemnify, hold harmless, and defend VaVaVoo, its subsidiaries, divisions, and affiliates, and their respective officers, directors, employees, agents and affiliates from any and all claims, liabilities, damages, costs and expenses of defense, including attorneys’ fees, in any way arising from or related to your use of the Site, your violation of these Terms or the Privacy Policy, content posted to the Site by you, or your violation of any law or the rights of a third party.

                        Limitation of Liability

                          IN NO EVENT SHALL VAVAVOO, ITS SUBSIDIARIES, AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE BE LIABLE TO ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF VAVAVOO HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN NO EVENT SHALL THE TOTAL LIABILITY OF VAVAVOO, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT YOU PAID TO VAVAVOO IN CONNECTION WITH THE EVENT GIVING RISE TO SUCH LIABILITY. You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through the Site. Because some states do not allow limitations on implied warranties or the exclusion or limitation of certain damages, all of the above disclaimers or exclusions may not apply to all users.

                          International Use

                            We control and operate the Site from the United States. We make no representation that materials on the Site are appropriate or available for use outside the United States. If you choose to access this Site from outside the United States, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

                            Risk of Loss

                              Any merchandise purchased from our Site will be shipped by a third party carrier. As a result, title and risk of loss for such merchandise will pass to you upon our delivery to the carrier.

                              Copyright Infringement; Notice and Take Down Procedures

                                VaVaVoo specifically prohibits the posting of any content that violates or infringes the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that any material contained on this Site infringes your copyright or other intellectual property rights, you should notify us of your copyright infringement claim in accordance with the following procedure. VaVaVoo will process notices of alleged infringement that it receives and will take appropriate action as required by the Digital Millennium Copyright Act (“DMCA”). The DMCA requires that notifications of claimed copyright infringement should be sent to the following address:

                                VaVaVoo, LLC / 101 N. Chestnut St. Suite 304 / Winston-Salem, NC 27101

                                To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):

                                Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

                                Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

                                Identification of the material that is claimed to be 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 the service provider to locate the material;

                                Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

                                A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

                                A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

                                Please contact us with any questions or concerns in connection with these Terms or the Site, or to provide any notice under these Terms.

                                Severability

                                  If any part of these Terms shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms, and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.

                                  Waiver; Remedies

                                    The failure of VaVaVoo to partially or fully exercise any rights or the waiver of VaVaVoo of any breach of these Terms and Conditions by you shall not prevent a subsequent exercise of such right by VaVaVoo or be deemed a waiver by VaVaVoo of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of VaVaVoo under these Terms and any other applicable agreement between you and VaVaVoo shall be cumulative, and the exercise of any such right or remedy shall not limit VaVaVoo’s right to exercise any other right or remedy.

                                    Governing Law

                                      The laws of the State of North Carolina shall govern these Terms without regard to conflict of laws provisions.

                                      Disputes

                                        Any dispute relating in any way to your visit to, or use of, the Site, to the products you purchase through the Site (including a subscription), or to your relationship to VaVaVoo shall be submitted to confidential arbitration in Charlotte, North Carolina provided, however, that to the extent that you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of North Carolina. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of North Carolina. Arbitration under these Terms will be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator’s award will be final and binding and may be entered into as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms will be joined to an arbitration involving any other party subject to this Terms, whether through class action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of this Site or these Terms must be filed within one (1) year after such claim of action arose or be forever banned.

                                        Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award.

                                        YOU AND VAVAVOO AGREE THAT EACH MAY ONLY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and VaVaVoo agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

                                        Questions: Should you have any questions regarding these Terms you may contact us at support@vavavoo.com.