Terms and Conditions - Vibe and Jive

Terms and Conditions

Vibe and Jive, LLC

IMPORTANT! THESE TERMS OF SERVICE (TOS) GOVERN YOUR USE OF THIS SITE, WHICH IS PROVIDED BY VIBE AND JIVE, LLC. BY ACCESSING THIS SITE, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS OF USE. THESE TERMS OF USE ARE SUBJECT TO CHANGE BY VIBE AND JIVE, LLC AT ANY TIME IN ITS DISCRETION. YOUR USE OF THIS SITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THESE TERMS OF USE PRIOR TO EVERY USE FOR ANY CHANGES.

Access To This Site
YOU MUST BE EIGHTEEN (18) YEARS OR OLDER TO ACCESS THIS WEB SITE. IF YOU ARE UNDER EIGHTEEN YEARS OF AGE, YOU ARE NOT PERMITTED TO ACCESS THIS WEB SITE FOR ANY REASON. DUE TO THE AGE RESTRICTIONS FOR USE OF THIS WEB SITE, NO INFORMATION OBTAINED BY THIS WEB SITE, FALLS WITHIN THE CHILDREN’S ONLINE PRIVACY PROTECTION ACT (COPPA) AND IS NOT MONITORED AS DOING SO.

To access this site or some of the resources it has to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of this site that all the information you provide on this site will be correct, current, and complete. If VIBE AND JIVE LLC believes the information you provide is not correct, current, or complete, we have the right to refuse you access to this site or any of its resources, and to terminate or suspend your access at any time, without notice.

Restrictions On Use
You may use this site for purposes expressly permitted by this site. You may not use this site for any other purpose, including any commercial purpose, without VIBE AND JIVE LLC’s express prior written consent. For example, you may not (and may not authorize any other party to) (i) co-brand this site, or (ii) frame this site, or (iii) hyper-link to this site, without the express prior written permission of an authorized representative of VIBE AND JIVE LLC. For purposes of these Terms of Use, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible within this site. You agree to cooperate with VIBE AND JIVE LLC in causing any unauthorized co-branding, framing or hyper-linking immediately to cease.

Proprietary Information
The material and content (hereinafter referred to as the “Content”) accessible from this site, and any other World Wide Web site owned, operated, licensed, or controlled by VIBE AND JIVE LLC is the proprietary information of VIBE AND JIVE LLC or the party that provided the Content to VIBE AND JIVE LLC, and VIBE AND JIVE LLC or the party that provided the Content to VIBE AND JIVE LLC retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of VIBE AND JIVE LLC, or unless authorized in writing elsewhere on our site, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Use violates VIBE AND JIVE LLC’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this site.

Hyper-Links
This site may be hyper-linked to other sites (also known as “external sites”) which are not maintained by, or related to, VIBE AND JIVE LLC. Hyper-links to such external sites are provided as a service to users and are not sponsored by or affiliated with this site or VIBE AND JIVE LLC. VIBE AND JIVE LLC has not reviewed any or all of such sites and is not responsible for the content of those sites. Hyper-links are to be accessed at the user’s own risk, and FAST

VIBE AND JIVE LLC makes no representations or warranties about the content, completeness or accuracy of these hyper-links or the sites hyper-linked to this site. Further, the inclusion of any hyper-link to a third-party site does not necessarily imply endorsement by VIBE AND JIVE LLC of that site.

Submissions
VIBE AND JIVE LLC will treat any personal information that you submit through this site in accordance with its Privacy Policy as set forth on this site.

Privacy Policy
Our Privacy Policy is a part of, and is incorporated by reference as if set forth fully herein. You may view our website’s privacy policy.

Anti-Spam Policy
We hate unsolicited commercial emails (also known as SPAM or junk email) as much as you do. We do not ever send emails unless you (or someone with your email address) have specifically requested that we do so .

If you choose to subscribe to our e-newsletters or other communications from us or our website, please rest assured that you will always have an option to unsubscribe immediately. Once you unsubscribe we will not contact you again.

We comply with the requirements of the CAN-SPAM Act of 2003 in addition to all other applicable unsolicited commercial e-mail laws.

Please contact us at the address below if you have any questions or concerns regarding this policy.

Earnings and Income Disclaimer
Our Earnings and Income disclaimer is a part of, and is incorporated by reference as if set forth fully herein. You may view our website’s earnings and income disclaimer.

Disclaimer
You understand that VIBE AND JIVE LLC cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for the reconstruction of any lost data. VIBE AND JIVE LLC does not assume any responsibility or risk for your use of the Internet.

The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by VIBE AND JIVE LLC. Investors, borrowers, and other persons should use the Content in the same manner as any other educational medium and should not rely on the Content to the exclusion of their own professional judgment. Information obtained by using this site is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals.

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED ‘AS IS’ AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED.

VIBE AND JIVE LLC DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.
VIBE AND JIVE LLC DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

VIBE AND JIVE LLC DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND VIBE AND JIVE LLC MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME.

YOU, AND NOT VIBE AND JIVE LLC, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT.
VIBE AND JIVE LLC MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

All of the information in this site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and VIBE AND JIVE LLC does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not, or is no longer, accurate or complete.

Limitation On Liability
VIBE AND JIVE LLC, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, AGENTS, OFFICERS, AND MEMBERS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF VIBE AND JIVE LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT WILL THE COLLECTIVE LIABILITY OF VIBE AND JIVE LLC AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, AGENTS, OFFICERS, AND MEMBERS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO VIBE AND JIVE LLC FOR THE APPLICABLE CONTENT, PRODUCT OR SERVICE OUT OF WHICH LIABILITY AROSE.

Indemnity
You will indemnify and hold VIBE AND JIVE LLC, its subsidiaries, affiliates, licensors, content providers, service providers, agents, officers, members and contractors (hereinafter known as the “Indemnified Parties”) harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorney’s fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.

Trademarks
Trademarks, service marks, and logos appearing in this site are the property of VIBE AND JIVE LLC or the party that provided the trademarks, service marks, and logos to VIBE AND JIVE LLC.  VIBE AND JIVE LLC and any party that provided trademarks, service marks, and logos to VIBE AND JIVE LLC retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in this site.

If you believe that our website content has infringed upon your intellectual property rights, please notify us by sending an e-mail to vida@vibeandjive.com or by sending mail to us at the address listed below. We ask that you please describe in detail the item you allege was infringed and provide us with the legal and factual basis for your claim of ownership of the intellectual property.

Information You Provide
You may not post, send, submit, publish, or transmit in connection with this site any material that:
• you do not have the right to post, including proprietary material of any third party;
• advocates illegal activity or discusses an intent to commit an illegal act;
• is vulgar, obscene, pornographic, or indecent;
• does not pertain directly to this site;
• threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
• seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
• infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;
• violates any law or may be considered to violate any law;
• impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
• advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site;
• solicits funds, advertisers or sponsors;
• includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
• disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this site;
• includes MP3 format files;
• amounts to a ‘pyramid’ or similar scheme;
• disobeys any policy or regulations established from time to time regarding use of this site or any networks connected to this site; or
• contains hyper-links to other sites that contain content that falls within the descriptions set forth above.

Although under no obligation to do so, VIBE AND JIVE LLC reserves the right to monitor use of this site to determine compliance with these Terms of Use, as well the right to remove or refuse any information for any reason.

Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither VIBE AND JIVE LLC nor any third party that provides Content to VIBE AND JIVE LLC will assume or have any liability for any action or inaction by VIBE AND JIVE LLC or such third party with respect to any submission.

Security
Any passwords used for this site are for individual use only. You will be responsible for the security of your password (if any). VIBE AND JIVE LLC will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that VIBE AND JIVE LLC considers insecure, VIBE AND JIVE LLC will be entitled to require the password to be changed and/or terminate your account.

You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited.

If you become involved in any violation of system security, VIBE AND JIVE LLC reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. VIBE AND JIVE LLC reserves the right to investigate suspected violations of these Terms of Use.

VIBE AND JIVE LLC reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing VIBE AND JIVE LLC to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use.

BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS VIBE AND JIVE LLC FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY VIBE AND JIVE LLC DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER VIBE AND JIVE LLC OR LAW ENFORCEMENT AUTHORITIES.

Material Connection Disclosure.
You should assume that material connections exist between VIBE AND JIVE LLC and the providers of the mentioned products and services.

This means that you should assume that VIBE AND JIVE LLC will be compensated if you choose to purchase a product or service from the website. Compensation may be monetary or in the form of free products or services.
As with anything that you spend your hard money on, you must do your due diligence to determine if the product or service recommended is right for you.

Refunds

All products are backed by a money back guarantee, unless otherwise as specified on product, as stated on the website from which you purchased (the “Guarantee”).

VIBE AND JIVE LLC has rights to change refund policy at anytime, but will be reflected on future orders only not past orders.

The Guarantee starts from the purchase date. Refund requests or products returned after the refund policy has expired are not subject to a refund and a refund will not be issued.

Products returned after the policy has expired will be shipped back to the customer.

If a product is purchased, a refund request letter or email must be sent to our office in order for your refund to be processed.
Please be sure to include the following contact information: Full Name, Email and the name of the course or product you wish to have refunded. This is to prevent fraudulent returns.

In your letter or email to our office, you must also delete all digital video, audio, and text files you obtained from VIBE AND JIVE, LLC, and ask for a full refund.  You must return all products sent to you in re-saleable condition in order to receive a full refund.

Although certainly not required, in order to serve our customers better in the future, please tell us the reason that you are requesting the refund.

Product Refund Request Letter Address:
VIBE AND JIVE LLC
PO Box 243
New Buffalo, MI 49117 USA

or

Product Refund Request Email Address: 

vida@vibeandjive.com

Please note that you must include the Subject Line: “Refund Request.”

Upon a refund being processed please allow 7 to 14 business days for the transaction to post to your account. Transaction times depend on the policies of your bank or credit card companies.

SHIPPING FEES

Unless otherwise stated on the Website at the time of purchase, if we ship you a physical product, we reserve the right to add applicable shipping and handling fees to your order.  Unless otherwise stated, we will use commercially reasonable efforts to fulfill your order within a reasonable time after receipt of your properly completed and verified order.  Accurate shipping address and phone number information is required. Although we may provide delivery or shipment timeframes or dates, such dates are good-faith estimates and are subject to change.  If your order will be delayed, we will contact you at the e-mail address you provided when placing your order.  If we are unable to contact you or you would like to cancel your order, we will cancel the order and refund the full amount charged.  We shall not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery caused by any third party carrier or other delivery service not owned or controlled by us.  The risk of loss and title for such items pass to you upon our delivery to any third party carrier. 

SUBSCRIPTION TERMS AND AUTOMATIC PAYMENT 

 A VIBE AND JIVE member is responsible for paying all sums due to VIBE AND JIVE LLC d/b/a VIBE AND JIVE with their monthly subscription in accordance with these Terms.  The first fee payable in accordance with these Terms is due when the user account is set up and payment of the monthly fee is a condition of access.  Every calendar month, your account will be charged the subscription fee plus any applicable tax for the following month’s subscription, plus any accumulated charges for the past period (collectively, “Fees”).  Failure by the VIBE AND JIVE member to use any of the services available through the service provided by VIBE AND JIVE, LLC d/b/a VIBE AND JIVE does not relieve the VIBE AND JIVE user of their payment obligations under these Terms.

 Potential members can pay by credit card or debit card.  Payment details shall be collected by us through our secure financial data collection mechanism. You acknowledge and agree that we hold data relating to the transaction, including the last four digits and the expiration date of the card used to purchase the products or services together with details on when payment is due.  The VIBE AND JIVE Member further acknowledges and agrees that payments are due on a recurring basis in accordance with the payment terms for the specific service purchased (unless the subscription is cancelled in accordance with these Terms) and therefore authorizes the automatic payment collection terms applicable to that specific service (e.g., on a monthly basis and for a specific amount). 

 IF YOU ARE A VIBE AND JIVE MEMBER WITH A MONTHLY SUBSCRIPTION AND YOU HAVE PROVIDED US WITH A VALID CREDIT OR DEBIT CARD NUMBER OR AN ALTERNATE PAYMENT METHOD, EACH PAYMENT WILL BE AUTOMATICALLY PROCESSED AT THE TIME OF YOUR DESIGNATED PAYMENT DATE (MONTHLY) AND WILL BE BILLED TO THE PAYMENT METHOD YOU PROVIDED TO US AT THE TIME OF YOUR ENROLLMENT.  IF YOU WISH TO CANCEL YOUR SUBSCRIPTION TO VIBE AND JIVE, YOU MAY DO SO THROUGH YOUR MEMBER AREA OR BY EMAILING VIDA@VIBEANDJIVE.COM AT LEAST TEN (10) DAYS BEFORE THE FIRST DAY OF YOUR NEXT SUBSCRIPTION MONTH.

VIBE AND JIVE LLC d/b/a VIBE AND JIVE reserves the right to immediately terminate a user’s account and/or service for any unpaid (in whole or part) period of the subscription (with or without notice).  Termination of service in no way relieves or excuses the user from any obligation to pay outstanding charges or expenses.  In the event VIBE AND JIVE LLC starts collection processes of any type, you will be liable for all collection costs, including legal fees and expenses, as provided below. 

In addition to any Fees, VIBE AND JIVE LLC d/b/a VIBE AND JIVE may also charge applicable value added or other tax.

DMCA Provisions

The Digital Millennium Copyright Act of 1998, found at 17 U.S.C. § 512 (“DMCA”), provides recourse for owners of copyrighted materials who believe that their rights under United States copyright law have been infringed upon on the Internet.

Under the DMCA, the bona fide owner of copyrighted materials who has a good faith belief that their copyright has been infringed may contact not only the person or entity infringing on their copyright, but may also contact the designated agent of an Internet service provider to report alleged infringements of their protected works, when such alleged infringements appear on pages contained within the system of the Internet service provider (“ISP”).

The owner of this Website and the ISP are committed to complying with international trade law, international trade practices, all United States laws, including United States copyright law. Upon receipt of a properly filed complaint under the DMCA, the owner and/or the ISP of this Website will block access to the allegedly infringing material. The website owner and/or the ISP will forward a copy of the notification of claimed copyright infringement to the alleged infringer. Anyone who believes in good faith that a notice of copyright infringement has wrongfully been filed against them, may submit a Counternotice to the website owner and/or the ISP.

Notification Of Claimed Copyright Infringement

Please send DMCA notifications of claimed copyright infringement to:

THE WEBSITE OWNER – VIDA SVABAS

VIBE AND JIVE, LLC
PO Box 243
New Buffalo, MI 49117 USA 

To file a notice of infringement with either the website owner or the ISP, you must provide a written communication that sets forth the items specified below. You will be liable for damages (including damages, costs, and attorneys’ fees) if you materially misrepresent that the website or a web page is infringing your copyright. Accordingly, if you are not sure whether certain material of yours is protected by copyright laws, we suggest that you first contact an attorney.

To expedite our ability to process your request, please use the following format (including section numbers):

1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon.

2. Identify the material that you claim is infringing the copyrighted work listed in item #1 above. (You must include the URL(s) (the location(s) of the page(s) that contains the allegedly infringing material and also include a description of the specific content which you claim is infringing on your copyright.)

3. Provide information reasonably sufficient to permit the website owner to contact you (e-mail address and a phone number are required at a minimum).

4. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. I also affirm that as the copyright owner, I have a good faith belief that use of the material in the manner complained of is not authorized by me, my agent, or the law.”

5. The signature of the copyright owner or a person authorized to act on behalf of the copyright owner. You may send your notice via email provided such notice includes a proper electronic signature. The signature or electronic signature must be that of the copyright owner, or a person authorized to act on behalf of the owner, of an exclusive copyright that has allegedly been infringed.

For details on the information required for valid notification, see 17 U.S.C. § 512(c)(3).

Counternotification To Claimed Copyright Infringement

If a notice of copyright infringement has been filed with the Website owner and/or the ISP against you, the owner and/or the ISP will attempt to notify you and provide you with a copy of the notice of copyright infringement. If you have a good faith belief that you have been wrongfully accused, you may file a counternotification with the Website owner and/or the ISP. If Website owner and/or the ISP receives a valid counternotification, the DMCA provides that the removed or blocked information will be restored or access re-enabled.

The Website owner and/or the ISP will replace the removed material and cease disabling access to it in not less than 10, nor more than 14, business days following receipt of the counternotification, unless the website owner and/or ISP first receives notice from the complaining party that such complaining party has filed an action seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on this website.

Please be advised that United States copyright law provides substantial penalties for a false counternotice filed in response to a notice of copyright infringement. Accordingly, if you are not sure whether certain material of yours is protected by copyright laws, we suggest that you first contact an attorney.

Severability.
If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

Entire Agreement.
These Terms of Use constitute the entire agreement among the parties relating to this subject matter.

Miscellaneous
These Terms of Use will be governed and interpreted pursuant to the laws of Michigan, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Michigan in connection with any dispute between you and VIBE AND JIVE LLC arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use or pertaining to the subject matter of these Terms of Use will be in the state and federal courts in Michigan, USA.

Notwithstanding the foregoing, any additional terms and conditions on this site will govern the item to which they pertain.
VIBE AND JIVE LLC may revise these Terms of Use at any time by updating this posting.

Last updated: January 1st, 2019

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