Welcome to Stivii.com™ – Your gateway to learning about our exciting line of products.
BY USING THIS WEB SITE – "WWW.STIVII.COM" – OR ANY OF ITS WEB PAGES OR CONTENTS (COLLECTIVELY, THE "SITE"), YOU ACCEPT AND AGREE TO ALL OF THE FOLLOWING TERMS, CONDITIONS, RESTRICTIONS, AND POLICIES INCLUDING OUR SEPARATELY STATED PRIVACY POLICY AND RETURN POLICY (COLLECTIVELY, THE "TERMS OF USE") AS A LEGALLY BINDING AGREEMENT BETWEEN YOU AND STIVII CORPORATION. PLEASE READ ENTIRELY BEFORE USING THE SITE. IF YOU DO NOT AGREE TO OR DO NOT COMPLY WITH ANY PROVISION IN THIS TERMS OF USE, YOU MAY NOT USE, ACCESS, OR PURHASE PRODUCTS FROM THIS SITE.
If you are under thirteen (13) years old, you may not use this Site. If you are between thirteen (13) and eighteen (18) years old, your parent or legal-guardian must consent to your acceptance of this Terms of Use; please have them read this before using the Site. Parents and guardians: It is entirely your responsibility to always supervise your child's online activities. Parental control tools like filtering software and hardware are commercially available to help you limit access to harmful material. Information about such tools is available at: www.ParentalSoftware.org
Since laws, regulations, and policies change constantly, there may be a modified, amended, updated, or revised ("modified") Terms of Use posted here from time to time (which serves as notice to you). You agree to be bound by the Terms of Use, as modified (if at all), as it appears right here on the date you use the Site.
THIS TERMS OF USE WAS LAST UPDATED ON JANUARY 1, 2017.
1. Term. This Terms of Use, as it appears on the date of your use, will serve as a legally binding agreement throughout the World beginning at the time you use the Site and will last perpetually until it is cancelled, terminated, or invalidated. Stivii Corporation may cancel or terminate this Terms of Use without notice to you. But subsequent modified version(s) of this Terms of Use do not automatically cancel, terminate, or invalidate this version of the Terms of Use. Any terms, conditions, restrictions, or policies in this Terms of Use that must survive to give effect to their meaning, will survive its termination, cancellation, or invalidation.
2. Site Ownership & Location. This Site is owned, provided, and operated by Stivii Corporation, a California Corporation whose business address is 290 E. VERDUGO AVE. # 203, BURBANK, CALIFORNIA 91502 U.S.A ("Stivii Corporation", "Stivii", "we", "us", or "our"). You agree that you are coming onto and purposefully-availing yourself to a largely non-interactive Web site located in the City of Burbank, California, U.S.A. which contains only commentary, news, education, company information, and information related to goods or services you may be interested in purchasing from Stivii Corporation's business address. We reserve the right to interrupt, halt, or discontinue the Site at any time without notice, reason, or compensation to you.
3. DISCLAIMER: NOTHING ON THIS SITE IS MEDICAL ADVICE. You understand that the information on this Site about nutrition, fitness, diet, exercise, health, or wellness is NOT a substitute for professional medical advice, knowledge, diagnosis, cure, prevention, or treatment. All materials and discussions related to health information are provided only for your informational, educational, commentary, or shopping purposes. Beware that information and statements regarding food products or dietary supplements have not been evaluated by the U.S. Food and Drug Administration ("FDA"). DO NOT use information on this Site for self-diagnosis or treatment of a health problem without consulting a professional first. Always ask a doctor or physician questions you have about your particular health, fitness, nutrition, wellness, symptoms or medical conditions. You should also speak with a physician and dietician prior to trying any of our products or changing your diet, exercise regimen, or lifestyle. We do not endorse or warrant the validity or benefits of any health-related statements found on our Site or on any third-party Web sites accessed through our Site. We also do not recommend or endorse any specific doctors, physicians, dieticians, health professionals, medical procedures, opinions, course of treatment or therapy, or other health-information on or associated with the Site. Never disregard or delay seeking professional medical advice from a doctor because of anything on our Site. Your reliance on information provided by or otherwise appearing on this Site is solely AT YOUR OWN RISK.
If you think you may have a medical emergency, call "911" immediately.
4. Your Limited License to Use the Site. We grant you a limited, non-transferrable, non-exclusive, royalty-free, worldwide, revocable license to access the Site for your own personal use if you are over eighteen (18) years of age or at least over thirteen (13) years of age with prior consent from a parent or legal guardian. This license is not a sale and does not grant you any ownership title, rights, or interest in the Site. Use of the Site beyond the scope of authorized access granted to you in this Terms of Use or in a way that violates any state or federal law automatically terminates this license. We may also revoke this license and block your Internet Protocol (IP) address' access to the Site at any time and without reason or notice. As conditions to this limited license, you expressly agree to NOT:
- Act as an agent, affiliate or representative of Stivii Corporation or the Site;
- Circumvent, hack, disable, reverse-engineer or interfere with security-related features, technical measures, or digital rights management tools that restrict or limit use or copying of the Site or any contents therein;
- Impose, in our discretion, an unreasonable burden on our infrastructure;
- "Frame," "mirror" or otherwise incorporate any part of the Site into any other Web site, product, or service; or
- Use, publish, post, provide, or transmit any of the following on the Site:
- Viruses, Trojan horses, worms, malware, or other malicious codes;
- Robots, spiders, scrapers, offline readers, or other automated means or any manual process for any purpose;
- Junk-mail, chain letters, phishing, mass mailings, or SPAM;
- Illegal, infringing, or plagiarized content;
- Vulgar, obscene or otherwise harmful language;
- Racially, ethnically or otherwise objectionable language;
- Defamatory or otherwise tortuous language
- Harassing, intimidating, stalking or threatening language
- Online vandalism
- Impersonation or identity theft of another person
- False or knowingly misspelled names
- Invasion of another person's privacy rights
- Actions that are hurtful to minors or children; and
- Political campaigning.
- Use the Site for any commercial purpose, including but not limited to:
- Selling access to the Site on another Web site, product or service
- Gaining advertising or subscription revenues; and
- Collecting, data-mining, or harvesting personally identifiable information, including user account names or email addresses.
5. User Accounts. In order to purchase goods or participate in certain features of the Site, you must first register a user account for yourself on the Site; simply click on "Sign In" from the homepage and follow the directions to "Create New Account" in the box entitled "New Customers." You will also create a password for your user account and are responsible for maintaining confidentiality of such password. User accounts will be private and primarily for the purposes of accessing your shopping cart and purchasing any of our products or services, unless you are given special permission to be a guest blogger or contributor of the Site. You agree not to give your user account name, sign-in email address, or password to anyone. You agree to notify the Site of any unauthorized use of your user account or any breach of security known to you. We may deactivate or delete your user account without any notice or compensation if we believe you violated this Terms of Use. You may not attempt to use the Site after your registered user account is terminated.
6. Electronic Communications. When you access the Site, send electronic mail ("email") to us, or post product ratings on the Site, you are communicating with us electronically. You also consent to receiving electronic communications from us and that we may communicate with you by email or by posting notices on this Site.
7. Your Limited License to Use the Content on this Site. The Site's contents may include any and all of the following we upload: information, data, text, tags, script, postings, messages, product and service descriptions, pricing, tables, statistics, rankings, ratings, spreadsheets, models, pictures, photos, presentations, drawings, graphics, logos, button icons, images, applications, interfaces, software, coding, digital files, data compilations, compositions, sound recordings, phonorecords, audio clips, music, spoken word, performances, speeches, audio-visual works, interactive works and features, games, video games, movies, films, shows, videos, video clips, and all other material contained on the Site or features and functions we make available on our Site (collectively, the "Content"); though the word "Content" as used in this Terms of Use does not include links or advertisements originating from third parties (see Section 8 below). We hereby grant you a limited, non-transferrable, non-exclusive, royalty-free, worldwide, revocable license to view, access, use, or reproduce only one (1) copy of any piece of Content appearing on the Site in the same condition as available on the Site solely for your non-commercial and personal information, education, or shopping purposes. This license is not a sale and does not grant you any ownership title, rights, or interest in either the Content or the Site.
7.1. Ownership of the Content. All of the Content is owned by either Stivii Corporation or our licensor(s) and is protected to the fullest extent allowed under copyright law, trademark law, and other laws of the U.S.A., its States, and/or other countries or international bodies. We reserve the right to change the Content on our Site without any notice or reason to you.
7.2 Accuracy of the Content. We make reasonable efforts to provide accurate information on this Site. However, you must not assume that the information provided on this Site regarding Stivii Corporation or the availability or features of our products or services is always 100% accurate, up to date, complete, and relevant. While we work hard to ensure that product information is correctly stated, there may be delays in updating the Content on the Site that are beyond our control. Also, manufacturers occasionally alter ingredient lists before we update the Site. We are not liable or responsible for individual reactions (such as allergic reactions) to any products nor can we guarantee the absence of cross-contamination. Actual product packaging, labeling, warnings, disclaimers, instructions, directions, and materials may contain more and/or different information than those shown or advertised on this Site, and there may be instances where updates and modifications to the Site are delayed. For these reasons, you may NOT rely on the information presented. Rather, it is your responsibility to always read product labels, warnings, disclaimers, instructions and directions before using or consuming a product. If you have any questions, call or write us before attempting to purchase or use any of our products or services. Neither Stivii Corporation nor any of our licensors or manufacturers may be held liable for inaccuracies about products or services on this Site if you did not attempt to call us first for clarification of ingredients, availability, or features of products.
7.3. Trademarks, Copyrights, and Other Intellectual Property Protections. All trademarks, trade names, trade slogans, trade logos, trade characters, trade dresses and service marks (collectively, the "Marks") displayed on our Site – including but not limited to Stivii Nature's Sweetest Secret®, Stivii Corporation™, STIVII™, Stivii.com™, and Nature's Sweetest Secret™ – as well as the copyrighted works, rights of publicity, patents, know how, trade secrets, and proprietary ideas displayed, performed, transmitted, or contained on the Site or the Content are either owned by Stivii Corporation, have been licensed to Stivii Corporation, or are being used by Stivii Corporation in a merely descriptive manner, as fair use, or by virtue of being in the public domain.
7.3.1. No License for Intellectual Properties. Nothing herein, on our Site, or in the Content may be construed as granting any license or right to use, copy, distribute, display, transmit or perform any Marks, copyrights, rights of publicity, patents, know how, trade secrets, or proprietary ideas displayed on our Site without our prior authorization. Specifically, you may Not use Stivii Corporation's name, logo, or any of its Marks in connection with any Web site, product, or service that is not ours, in any manner that is likely to cause confusion among customers or in any manner that disparages, discredits, tarnishes, or blurs the goodwill of Stivii Corporation. Also, you are not authorized to copy the overall look and feel or trade dress of the Site for any commercial purposes.
7.3.2. All Rights Reserved. All rights not expressly granted to you herein are reserved and not waived by Stivii Corporation and its licensors. Stivii reserves the right to aggressively enforce its intellectual property rights to the fullest extent available under the laws of any state, country, or international body, including criminal prosecution in federal court.
7.4 Restrictions. You are NOT permitted to use the Content, or any portion thereof, in any way which is not expressly permitted by this Terms of Use or in any way that violates any state or federal law; and if you do, your right to use the Content and the Site will automatically terminate. As conditions to this license, you expressly agree to NOT:
- Download any piece of Content unless you see a "download" button displayed immediately below that particular piece of Content.
- Alter, modify, distort, develop, adapt, translate, decompile, disassemble, make derivatives of, extract, or reverse-engineer any of the Content, in whole or in part;
- Delete, eliminate, remove, obstruct, or alter any text or symbol containing a copyright notice (i.e. "©" or "(P)"), trademark notice (i.e. "™", "SM", or "®"), or any other legal notice(s) or statements we place on any Content or anywhere on the Site; and
- Use Content for your commercial gain, including but not limited to soliciting us or other users of the Site for commercial purposes or reproducing, duplicating, replicating, transferring, distributing, redistributing, compiling, data-mining, reselling, broadcasting, displaying renting, leasing, subleasing, licensing or sublicensing, generating royalties from, generating advertisement revenues from, generating subscription fees from, otherwise exploiting or implying sponsorships, promotions, or endorsements with the Content or any part thereof (whether in object code or source code form).
- Use Content if your right to use the Site is terminated for any reason.
8. Third Parties. This Terms of Use agreement is ONLY between You and Stivii Corporation, and NOT with any third parties such as advertisers, communications providers, distributers, suppliers, affiliates, independent companies or other users. Nothing herein will be deemed to confer any third-party rights or benefits. For your convenience, we may provide links that allow you to leave our Site and connect with third parties' advertisements, Web sites, Web pages, applications, software, data, information, contents, products, and services that we do not own, provide, operate, monitor, maintain, edit, or control. We do not recommend or endorse any third party advertisements, links, or contents embedded or appearing on our Site or advertising, links, or content displayed or contained on any third-party Web sites, and are not responsible in any way for such third party Web sites' content, terms of use, privacy policies, community guidelines, practices or how they may treat your information. You should read the terms of use, privacy policy, and community guidelines of each other Web site, software, or application you access. We also do not recommend, verify, or endorse any contents originating from third parties on our Site (if any), or any statements, opinions, or advice expressed therein. YOUR USE OF ANY THIRD-PARTY ADVERTISEMENTS, WEB SITES, WEB PAGES, APPLICATIONS, SOFTWARE, DATA, INFORMATION, CONTENTS, PRODUCTS, AND SERVICES IS SOLELY AT YOUR OWN RISK.
9. Your Information, Submissions, and Links. Your information, content submissions, and links to our Site are subject to the following terms, conditions, and restrictions:
9.1. Personal Information & Your Privacy Rights. We may receive, gather, collect and retain certain personal and non-personal information about you in a manner governed by our separately-stated Privacy Policy which is herein incorporated by reference. You agree that all such information may be used by Stivii Corporation without monetary compensation to you and in consideration for the information provided to you on the Site.
9.2. Your User-Generated Content. By submitting, uploading, posting, publishing, or otherwise exchanging communications or content to or through the Site ("Submitting"), you agree that all information, data, text, postings, messages, recipes, software, rankings, ratings, statistics, pictures, photographs, presentations, drawings, graphics, logos, images, music, sound recordings, compositions, audio clips, performances, spoken word, speeches, audio-visual works, movies, films, videos, video clips, messages, tags, or other materials ("User Generated Content" or "UGC"), whether publicly posted or privately transmitted, are your sole responsibility as the person from whom such UGC originated.
9.2.1. Representations & Warranties. By Submitting UGC, you represent and warrant that:
- You own or have all the necessary licenses, rights, consents, authorizations, and permissions to submit such UGC including any and all copyrights, trademarks, trade names, trade secrets, trade slogans, trade dresses, rights of privacy, rights of publicity, or other personal or proprietary rights thereto;
- Such UGC is not confidential or non-disclosable; and
- Use of the UGC by Stivii Corporation or its users will not infringe on rights of any person or cause injury to any person.
9.2.2. Grants of UGC Licenses. You grant Stivii Corporation a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sublicenseable, non-exclusive, and transferable worldwide license to use, reproduce, distribute, adapt, prepare derivative works from, modify, publish, edit, translate, adapt, transform, digitally transmit, broadcast, perform, display, and perform the UGC on the Site and its (and its successors' and affiliates') business(es), including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media channels or any form, format, or forum now known or hereafter developed. You grant Stivii Corporation the right to use the names and titles that you submit in connection with such UGC. Further, Stivii Corporation will be free to use, with no compensation to you, any ideas, concepts, know-how, techniques, recipes, or methodologies contained in such UGC for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products and/or services incorporating such UGC. Stivii Corporation is not obligated to use or retain any UGC on the Site. We may take down, remove, delete, or change your UGC (including eligibility for particular features) without stating a reason or giving notice. You understand and agree that we may retain, but will not display, distribute, or perform, server copies of UGC that have been removed or deleted. You also grant all other users of the Site a non-exclusive, non-transferable, royalty-free, perpetual, irrevocable license to access, view, read, use and enjoy such UGC through the Site, and to use, reproduce, distribute, display and perform such Site as permitted through the functionality of the Site and under this Terms of Use.
9.2.3. Our Editorial Rights. Users may be invited to post product ratings, product reviews, service reviews, comments, articles, suggestions, questions, pictures, graphics, photos, videos, tables and other UGC in our online discussion forum(s), blog(s), or other interactive areas on the Site. We reserve the right, but not the obligation, to review, approve, remove, or edit such content at our sole discretion.
9.2.4. Law Enforcement. We reserve the right, at our sole discretion, to determine whether a particular piece of your UGC violates any laws, regulations, or this Terms of Use for reasons including, but not limited to, pornography, obscenity, hate speech, offensiveness, or excessive length. We may cooperate with any law enforcement authorities or court order requesting or directing the Site to disclose the identity of anyone posting any information or UGC on our Site.
9.2.5. Disclaimers Regarding UGC. Stivii Corporation does not endorse any UGC or any statement, opinion, advice, or recommendation expressed therein, and we expressly disclaim any and all liability in connection with the UGC. You understand that we are not obligated to pre-screen, regularly review, monitor, delete or otherwise change the UGC on the Site. Under no circumstances will we be liable in any way for any UGC, including, but not limited to, any errors or omissions in any UGC, or any loss or damage of any kind incurred as a result of the use of any UGC posted, emailed, transmitted or otherwise made available through the Site.
9.3 Linking to Our Site. Unless we have a written agreement giving you broader rights to link or advertise on our Site, you are generally welcome to link to the Site. But in doing so, you expressly agree to NOT:
- Use any of our Marks in or with your links except that you may link to our Site using a hyperlink-embedded plain text description of our Site (i.e. "www.Stivi.com" or "Stivii.com");
- Present the link to our Site in any way that suggests Stivii or our Site has any relationship or affiliation with your Web site or endorses, sponsors, or recommends the contents, products or services on your Web site;
- Incorporate any Content from our Site into your Web site (e.g., by in-lining or framing);
- Use any of our Marks or any words or codes identifying our Site in any "metatag" or other information used by search engines or other information location tools to identify and select Web sites;
- Also link to any pornographic, obscene, scandalous, profane, defamatory, political, infringing, piracy, "SPAM", "WAREZ", or unlawful Web site, or any Web site that may adversely affect the name, reputation, and goodwill of Stivii Corporation or its goods and services.
10. Warranty Disclaimers and Limitation of Liability. THIS SITE IS PROVIDED TO YOU ON AN "AS IS", "WITH ALL FAULTS", AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, STIVII CORPORATION, ITS OWNERS, SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, ASSIGNS, PRINCIPALS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SATISFACTORY QUALITY, ACCURACY, QUIET ENJOYMENT, NONINFRINGEMENT, OPERABILITY, FUNCTIONALITY, OR COMPLETENESS OF THE SITE, THE CONTENT ON THE SITE, OR THE CONTENT OF ANY SITES LINKED TO FROM THE SITE.
10.1. Interruptions, Viruses, Errors, and Defects. Stivii Corporation does NOT guarantee, represent, or warrant any of the following:
- Your use of the Site will be uninterrupted or error-free;
- This Site or its server(s) will be free of viruses, Trojan horses, worms, malware, or other harmful components; and
- Defects will be corrected even if Stivii Corporation is aware of them.
Transmissions via the Internet, wireline and wireless broadband, satellite, and other communications networks are not in our control and can never be completely 100% secure. Accordingly, we are NOT liable for any delay, failure, hacking, interference, interruption, static, compromise or corruption of any data or information transmitted in connection with use of the Site, including information you provide to us or that we gather from your use of our Site. Also, Stivii Corporation may from time to time remove or shut down the Site for indefinite periods of time or entirely, without giving notice, reason, or compensation to you.
10.2. Third Party Contents. When using the Site, you may be exposed to Content from a variety of sources. Stivii Corporation does not make any guarantees, representations, or warranties regarding, and is not responsible for, the accuracy, completeness, timeliness, suitability, usefulness, reliability, safety, or intellectual properties of or relating to such Content. We do not warrant, endorse, guarantee, or assume responsibility for any product or service that is advertised or offered by a third party through the Site, or any hyperlinked services, or featured in any banner or other advertising; and Stivii Corporation will not be a party to or be responsible for monitoring any transaction between you and any third-party.
10.3. Responsibilities & Liabilities. The express responsibilities set forth in this Terms of Use are the only responsibilities of Stivii Corporation and we have no other responsibilities to you with respect to the Site for any reason other than as agreed upon herein. The Site, Stivii Corporation, as well as Stivii Corporation's owners, directors, shareholders, operators, affiliates, licensors, suppliers and Content providers will Not be liable in any event for any damages, including, without limitation, direct, indirect, incidental, consequential, special, exemplary, punitive, or special damages or damages resulting from inaccurate, offensive, indecent, or obscene Content you may be exposed to or for lost data, unauthorized access to or use of our servers or any personal information, viruses, Trojan horses, malware, errors, mistakes, omissions, inaccuracies, or business interruption, regardless of the form of action or the basis of the claim, whether based on warranty, contract, tort, strict liability or any other legal theory, and whether or not a party has been advised of the possibility of damages. You assume the above risks and waive any legal and equitable rights or remedies you may have against Stivii Corporation with respect thereto, and to the extent permitted by law. If, for any reason, Stivii Corporation is found to be liable to you, it is mutually agreed that our total aggregate liability to you or any other party or parties claiming with, under, or through you, will be limited to five hundred dollars (U.S. $500) notwithstanding any claim that such remedy fails of its essential purpose.
11. Indemnification. You agree to defend, indemnify, and hold Stivii Corporation, its owners, shareholders, directors, officers, employees, agents, licensors and suppliers harmless from and against any and all claims, actions or demands, liabilities, damages, losses, costs and expenses, and settlements including without limitation, reasonable legal and accounting fees, relating to or arising from your unauthorized use of this Site or Content, your breach of any provision in this Terms of Use, or any of your representations or warranties made herein.
12. General. The following provisions will govern any interpretation of this Terms of Use agreement by any person:
- Merger Clause; Entire Agreement; Severability. This Terms of Use constitutes the entire agreement and contract between you and Stivii Corporation regarding your use of this Site and its Content as it appears or appeared on the date of such use. All prior and contemporaneous oral and written terms and conditions are hereby superseded and void; parol evidence is inadmissible. Headings will not be considered in interpreting this Terms of Use agreement. If any provision(s) of this Terms of Use agreement is deemed invalid by a court of competent jurisdiction, such invalid provision(s) will be severed from the rest of this agreement and will not affect the validity of the remaining provisions of this Terms of Use; such remaining provisions will continue to remain in full force and effect.
- Force Majeure. Neither you nor we will be deemed to be in violation or breach of contract if performance of the obligations required by this Terms of Use agreement is delayed or impossible because of any natural disaster, war, terrorist act, earthquake, fire, thunder, lightning, typhoon, tsunami, flood, strike, sickness, accident, civil commotion, epidemic, act of government, act of God, alien invasion, rebellion, revolution, riots, explosion, marine accident, strike, lockout, labor dispute, shortage or regulation of energy supply or materials, or other unforeseen event that is beyond the control of either party hereto.
- Transfers; Assignments; Delegations. This Terms of Use, and any licenses and rights granted herein, may not be transferred, assigned, or delegated by you, but may be transferred, assigned, or delegated by us without restriction.
- Modifications; Waivers. This Terms of Use agreement may be changed or modified at any time and without any reason, in part or in whole, at Stivii Corporation's sole discretion and without notice to you other than posting of such new terms on this Web page. For reasons of commercial practicality, you may not modify or change any terms herein without our express written agreement. It is your responsibility to review the Terms of Use on this Web page for any changes. Your continued use of the Site following any amendment of this Terms of Use will signify your assent to and acceptance of its revised terms. No waiver of any provision contained in this Terms of Use will be deemed a further or continuing waiver of such provision or any other provision, and Stivii Corporation's failure to assert any right or provision under this Terms of Use will not constitute a waiver of such right or provision.
- Jurisdiction; Venue. Stivii Corporation is not purposefully availing itself to the laws and protections of any state or country other than the State of California, United States of America ("California") and is not subjecting itself to personal jurisdiction or venue to any state other than California. STIVII CORPORATION MAKES NO REPRESENTATION OR WARRANTIES THAT MATERIALS IN THIS SITE ARE APPROPRIATE OR AVAILABLE FOR USE IN LOCATIONS OUTSIDE CALIFORNIA. IF YOU ACCESS THIS SITE FROM OUTSIDE THE BORDERS OF CALIFORNIA, PLEASE UNDERSTAND THAT THIS SITE MAY CONTAIN REFERENCES AND/OR LINKS TO PRODUCTS AND SERVICES THAT ARE NOT AVAILABLE OR ARE PROHIBITED IN YOUR STATE OR COUNTRY; AND THAT YOU DO SO AT YOUR OWN RISK. Regardless of where you access the Site, you expressly agree to be subject to and personally submit to the exclusive personal jurisdiction and venue of the arbitrators and courts situated in the County of Los Angeles, State of California, to bring, adjudicate, and resolve any dispute or claim against Stivii Corporation, its affiliates, subsidiaries, employees, contractors, officers, directors, shareholders, telecommunication providers and Content providers or in any other way arising from or relating to the Site, including, Content or UGC contained herein. YOU HEREBY IRREVOCABLE WAIVE YOUR RIGHT TO A JURY TRIAL AS WELL AS YOUR RIGHT TO CLAIM THAT THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, IS AN INCONVENIENT OR IMPROPER FORUM OR VENUE TO HEAR CLAIMS AND DISPUTES ARISING UNDER THIS TERMS OF USE AGREEMENT.
- Irreparable Harm. You acknowledge that the unauthorized use of the Site or Content could cause irreparable harm to Stivii Corporation and that in the event of an unauthorized use, we will be entitled to an injunction in addition to any other remedies available at law or in equity.
- Choice of Law; Arbitration; Filing Limitation. This Terms of Use is made under and will be governed by the laws of the State of California, without resort to its conflict of laws principles. Any claim or dispute between you and Stivii Corporation that arises in whole or in part from the Site will be decided exclusively by binding arbitration located in Los Angeles County, California and under the rules promulgated by the American Arbitration Association; and if binding arbitration is unavailable for any reason, then by any court of competent jurisdiction in Los Angeles County, California. Any cause of action or claim arising out of or related to the Site or Content must commence within one (1) year after the cause or action or claim accrues, otherwise such cause of action or claim is permanently barred.
13. Questions and Customer Service. Any feedback, questions, concerns, complaints, comments, claims, suggestions, requests for technical support, reports of non-functioning links, maintenance and service requests, or other correspondence should be directed via email to CustomerService@Stivii.com or via U.S. mail to STIVII CORPORATION, 290 E.VERDUGO AVE. # 203, BURBANK, CA 91502.