Terms of use

TERMS OF USE

GENERAL

Welcome to www.vivatelecompras.com and the parent company HSL,

Inc. The following terms and conditions, together with any documents

they expressly incorporate by reference, including without limitation

the Privacy Policy (collectively, these "Terms of Use"), govern your

access to and use of www.vivatelecompras.com, including any

content, functionality and services offered on or through this website

(the "Site").

Please read the Terms of Use carefully before you start to use the

Site. BY ACCESSING, BROWSING OR USING THE SITE

(INCLUDING YOUR SUBMISSION OF INFORMATION TO THIS

SITE), YOU ACKNOWLEDGE THAT YOU HAVE READ,

UNDERSTOOD AND AGREED TO BE BOUND BY THESE TERMS

OF USE, INCLUDING THE PRIVACY POLICY (WHICH IS

INCORPORATED HEREIN BY REFERENCE), AND TO COMPLY

WITH ALL APPLICABLE UNITED STATES LAWS AND

REGULATIONS. You agree that the Terms of Use, combined with your

act of using the Site, have the same legal force and effect as a written

contract with your written signature and satisfy any laws that require a

writing or signature, including any applicable statute of frauds. You

further agree that you shall not challenge the validity, enforceability or

admissibility of the Terms of Use on the grounds that it was

electronically transmitted or authorized. If you do not agree to be

bound by these terms and conditions of use, you may not access or

otherwise use this Site. We reserve the right to revise these terms and

conditions from time to time. When we make changes, we will post

them here. You may wish to check this section from time to time,

because your use of the Site following any changes indicates your

agreement to be bound by those modifications.

This Site is offered and available to users who are 13 years of age or

older. By using this Site, you represent and warrant that you meet the

foregoing eligibility requirement. If you do not meet this requirement,

you must not access or use the Site.

 

SITE TRANSACTIONS

We reserve the right to refuse any order you place with us. We may, in

our sole discretion, limit or cancel quantities purchased per person,

per household or per order. These restrictions may include orders

placed by or under the same customer account, the same credit card,

and/or orders that use the same billing and/or shipping address. In the

event we make a change to or cancel an order, we will attempt to

notify you by contacting the e-mail and/or billing address/phone

number provided at the time the order was made. We reserve the right

to limit or prohibit orders that, in our sole judgment, appear to be

placed by dealers, resellers or distributors.

 

SITE USAGE POLICY

(A) Security

You are prohibited from violating or attempting to violate the security

measures on the Site, including, without limitation:

 1 Using a false password or one belonging to another user or

accessing data not intended for the user or logging into a server

or account which such user is not authorized to access;

 2 Disclosing a password or permitting a third party to use a

password or failing to notify us if a password is compromised;

 3 Attempting to probe, scan or test the vulnerability of the system

or network or to breach security or authentication measures

without proper authorization;

 4 Attempting to interfere with service to any user, host or network,

including, without limitation, via means of overloading, "flooding",

"mail bombing" or "crashing";

 5 Sending unsolicited e-mail, including promotions and/or

advertising of products or services;

 6 Forging any TCP/IP packet header or any part of the header

information in any e-mail or newsgroup posting; or

 7 Hijacking all or any part of the Site content, deleting or changing

any Site content, deploying pop-up messages or advertising,

running or displaying this Site or any Site content in frames or

through similar means on another Site, or linking to the Site or

any page within the Site, without our specific written permission.

(B) General Rules

You agree to use the Site only for lawful purposes and only for your

own personal, non-commercial use. You may not use the Site to

transmit, post, download, distribute, copy, display publicly, store or

destroy material (a) in violation of any applicable law or regulation, (b)

in a manner that will infringe the copyright, patent, trademark, trade

secret or other intellectual property rights of others or violate the

privacy or publicity or other personal rights of others, or (c) that is

libelous, obscene, offensive, threatening, defamatory, abusive or

hateful.

(C) Violations

We have absolute discretion to determine if any use violates these

rules, and to act as we deem appropriate in the event of any violation.

Violations of system or network security may result in civil or criminal

liability. We will investigate occurrences which may involve such

violations and may involve, cooperate with, and make disclosures to,

law enforcement authorities in identifying and prosecuting users who

are involved in such violations.

 

SITE CONTENTS

Unless otherwise noted, all materials, including images, illustrations,

designs, icons, photographs, audio, video clips, text, "look and feel",

layout, graphics, messages, files, documents, and written and other

materials that appear as part of the Site (collectively, the "Contents")

whether publicly posted or privately transmitted, as well as all

derivative works are property owned, controlled, licensed or used with

permission by HSL, Inc., and/or its parents, subsidiaries and affiliates

(collectively, “HSL, Inc.”) or other parties that have licensed to or

otherwise permitted their material to be used by HSL, Inc. The Site as

a whole and its Contents are protected by copyright, trademark, trade

dress and other laws and all worldwide right, title and interest in and to

the Site and its Contents are owned by HSL, Inc. or used with

permission and all other trademarks appearing on this Site are

trademarks of HSL, Inc. or are licensed or used with permission of the

owner by HSL, Inc. You agree not to display or use such trademarks

without HSL, Inc. prior written permission. HSL, Inc. disclaims any

proprietary interest in trademarks, service marks, logos, slogans,

domain names and trade names other than its own.

The Contents of the Site, and the Site as a whole, are intended solely

for personal, non-commercial use by the users of the Site and may not

be used except as permitted in these Terms of Use. You may share

content from the Site with the use of the social media links (i.e.

“Share:” “Pin It” and “Tweet”) provided on our Site. You may also

share content from the Site via email through the use of our Email a

Friend link. You may download or copy the Contents and other

downloadable materials displayed on the Site for your personal use

only. No right, title or interest in any downloaded materials or software

is transferred to you as a result of any such downloading, sharing or

copying. Except as noted above, you may not reproduce, republish,

publish, upload, post, transmit, distribute (including by email or other

electronic means), publicly display, modify, create derivative works

from, sell or participate in any sale of, or exploit in any way, in whole

or in part, any of the Contents, the Site, or any related software

without the prior written consent of HSL, Inc. or the owner of such

material. Nothing contained on this Site grants or should be construed

as granting, any license or right to use, implied or otherwise, any

trademarks, trade names, service marks, trade dress, copyrighted or

other proprietary material displayed on this Site without the prior

written consent of HSL, Inc. or the owner of such material. All rights

not expressly granted herein by HSL, Inc. to you are reserved by HSL,

Inc. and/or its licensors. Third-party trade names, product names and

logos, contained in this website may be the trademarks or registered

trademarks of their respective owners.

The information presented on or through the Site is made available

solely for general information purposes. We may update the content

on this Site from time to time, but its content is not necessarily

complete or up-to-date. Any of the material on the Site may be out of

date at any given time, and we are under no obligation to update such

material.

 

PRODUCT INFORMATION

HSL, Inc. products displayed on the Site may also be available in

select department and/or company-owned stores in the United States

and select foreign markets while supplies last. In some cases,

merchandise displayed on the Site may not be available in stores and

HSL, Inc. makes no representations or warranties that any of the

products or services displayed on the Site will be available at any time

or location. Any prices displayed on the Site are quoted in U.S.

Dollars.

 

COLORS

We have made every effort to display as accurately as possible the

colors of our products that appear on the Site. However, as the actual

colors you see will depend on your monitor, we cannot guarantee that

your monitor's display of any color will be accurate.

 

USER COMMENTS, FEEDBACK,

POSTCARDS AND OTHER

SUBMISSIONS

All comments, feedback, suggestions, ideas, and other submissions

disclosed, submitted or offered to HSL, Inc. on or by this Site or

otherwise disclosed, submitted or offered in connection with your use

of this Site (collectively, "Comments") shall be and remain HSL, Inc.

property. Such disclosure, submission or offer of any Comments shall

constitute an assignment to HSL, Inc. of all worldwide right, title and

interest in all copyrights and other intellectual properties in the

Comments. HSL, Inc. is and shall be under no obligation (1) to

maintain any Comments in confidence; (2) to pay to user any

compensation for any Comments; or (3) to respond to any user

Comments.

You agree that none of the Comments submitted by you to the Site will

violate any right of any third party, including copyright, trademark,

privacy or other personal or proprietary right(s). You further agree that

none of the Comments submitted by you to the Site will be or contain

libelous or otherwise unlawful, abusive or obscene material. You are

and shall remain solely responsible for the content of any Comments

you make.

YOUR PRIVACY RIGHTS

If you elect to provide HSL, Inc. with your email address and check the

box to receive email offers, You agree that HSL, Inc. may send

electronic mail to you for the purpose of advising you of changes or

additions to this Site, about any of HSL, Inc. products or services, or

for such other purpose(s) as HSL, Inc. deems appropriate. All

information we collect on this Site is subject to our Privacy Policy. By

using the Site, you consent to all actions taken by us with respect to

your information in compliance with the Privacy Policy.

Please send any concerns regarding our products or services by

clicking here.

 

INDEMNIFICATION

You agree to defend, indemnify and hold HSL, Inc. harmless from and

against any and all claims, damages, costs and expenses, including

attorneys' fees, arising from or related to your use of the Site.

 

LINKS TO OTHER WEB SITES

To the extent that this Site contains links to outside services and

resources, including other websites, the availability and content of

which HSL, Inc. does not own, operate or control, any concerns

regarding any such service or resource, or any link thereto, should be

directed to the particular outside service, resource or website. Any

such links are provided solely as a convenience to you. If you click on

these links, you will leave this Site. HSL, Inc. makes no

representations or warranties concerning and is not responsible for

the content, information or other material on or accessed from any

other websites that are not owned, operated or controlled by HSL, Inc.

Your linking to this web site, off-site pages or other sites is at your own

risk and without the consent of HSL, Inc.

 

DISCLAIMER

HSL, Inc. ASSUMES NO RESPONSIBILITY FOR AND SHALL NOT

BE LIABLE FOR ANY DAMAGES TO, INTERRUPTION OF SERVICE

OR VIRUSES THAT MAY INFECT YOUR COMPUTER OR

TELECOMMUNICATIONS EQUIPMENT ARISING FROM YOUR

ACCESS TO OR USE OF THIS SITE AND ITS CONTENTS. IN NO

EVENT SHALL HSL, Inc. OR ANY OF ITS AFFILIATED ENTITIES OR

SUPPLIERS OR THEIR RESPECTIVE OFFICERS, DIRECTORS,

ATTORNEYS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY

INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR

CONSEQUENTIAL DAMAGES, EVEN IF HSL, Inc. HAS BEEN

PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH

DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT,

NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN

CONNECTION WITH THE USE, INABILITY TO USE OR

PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS

AND MATERIALS AVAILABLE FROM THE SITE. THESE

LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE

OF ESSENTIAL PURPOSE OR THE EXISTENCE OF ANY LIMITED

REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW

LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR

THE EXCLUSION OR LIMITATION OF LIABILITY FOR

CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE

LIMITATIONS MAY NOT APPLY TO YOU.

 

INACCURACY DISCLAIMER

From time to time there may be information on this Site that contains

typographical errors, inaccuracies, or omissions, including those that

may relate to product descriptions, pricing, availability, shipping, store

locations and job postings. We reserve the right to correct any errors,

inaccuracies or omissions and to change or update information at any

time without prior notice. We apologize for any inconvenience this may

cause you.

HSL, Inc. will use commercially reasonable efforts to provide accurate

and updated information. However, HSL, Inc. cannot and does not

guarantee the accuracy of such information. Furthermore, HSL, Inc.

provides a Careers section on the Website for your information.

Information, such as title, benefits, status, etc., regarding any positions

listed in the Careers section is informational only and is subject to

change without notice. Finally, through the Site, HSL, Inc. provides the

capability for you to upload and download files from/to your computer.

Although HSL, Inc. takes the security precautions outlined in the

Terms of Use and Privacy Policy, there can be no guarantee that files

you download from the Site will be corruption free, will not be

intercepted by pirates, or will meet your needs and expectations.

HSL, Inc. MAKES NO REPRESENTATION OR WARRANTIES AS TO

ACCURACY. EVERYTHING ON THE SITE IS PROVIDED "AS IS"

WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR

IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED

WARRANTY OF MERCHANTABILITY, FITNESS FOR A

PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME

JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED

WARRANTIES, IN WHICH CASE SOME EXCLUSIONS MAY NOT

APPLY.

 

JURISDICTION

Unless otherwise specified and except to the extent HSL, Inc.

products are offered for sale in the United States through this Site, this

Site and the Contents thereof are displayed solely for the purpose of

promoting HSL, Inc. products and services available in the United

States and select foreign markets. This Site is controlled and operated

by HSL, Inc. from its offices in Miami,Florida. HSL, Inc. makes no

representation that materials on the Site are appropriate or available

for use in other locations, and accessing them from territories where

their contents are illegal is prohibited. Those who choose to access

this Site from other locations do so on their own initiative and are

responsible for compliance with local laws.

This Agreement shall be governed by, construed and enforced in

accordance with the laws of the State of Delaware, without giving

effect to any conflict of law provisions. Any dispute arising under this

Agreement shall be resolved exclusively by an appropriate federal or

state court sitting in the State of Delaware.

 

PATENT NOTICE

Certain activities provided via the website may be covered by U.S.

Patent 6,091,956

Notices for Reporting and Making Claims of Copyright Infringement

This policy is intended to comply fully with the requirements of the

Online Copyright Infringement Liability Limitation Act and the Digital

Millennium Copyright Act.

HSL, Inc. will investigate notices of copyright infringement and take

appropriate actions under the Digital Millennium Copyright Act, Title

17, United States Code, Section 512(c)(2) ("DMCA"). If you believe

that your work has been copied in a way that constitutes copyright

infringement, please provide HSL, Inc.’s copyright agent the written

information specified below:

 • An electronic or physical signature of the person authorized to

act on behalf of the owner of the copyright interest

 • A description of the copyrighted work that you claim has been

infringed upon

 • A description of where the material that you claim is infringing is

located on the site

 • Your address, telephone number, and e-mail address

 • A statement by you that you have a good faith belief that the

disputed use is not authorized by the copyright owner, its agent,

or the law

 • A statement by you, made under penalty of perjury, that the

above information in your notice is accurate and that you are the

copyright owner or authorized to act on the copyright owner's

behalf

Pursuant to the DMCA, written notification of claimed copyright

infringement must be submitted to the following designated agent for

this website:

HSL, Inc. General Counsel – Intellectual Property

774 Mays Blvd, Incline Village, NV 89451

Attn: DMCA Copyright Agent

VIA EMAIL: customerservice@vivatelecompras.com

 

MODIFICATIONS TO TERMS OF

USE

HSL, Inc. in its sole discretion, reserves the right to update, revise,

supplement and to otherwise modify these Terms of Use, and to

impose new or additional terms and conditions on your use of the Site

from time to time. Such updates, revisions, supplements,

modifications and additional rules, polices, terms and conditions

(collectively referred to in these Terms of Use as "Additional Terms")

will be effective immediately and incorporated into these Terms of Use

upon notice thereof, which may be given by any reasonable means,

including by posting to the Site. Your continued viewing or use of the

Site following such notice will be deemed to conclusively indicate your

acceptance of any and all such Additional Terms.

 

TERMINATION

This Agreement is effective unless and until terminated by either you

or HSL, Inc. You may terminate this Agreement at any time by

discontinuing use of the Site. HSL, Inc. also may terminate this

Agreement at any time and may do so immediately without notice, and

accordingly deny you access to the Site, if in HSL, Inc.’s sole

discretion you fail to comply with any term or provision of this

Agreement.

 

WAIVER

HSL, Inc. failure to enforce strict performance of any provision of

these Terms of Use will not constitute a waiver of HSL, Inc. right to

subsequently enforce such a provision or any other provision of this

Agreement, nor will any delay or omission on the part of HSL, Inc. to

exercise or take advantage of any right or remedy that HSL, Inc. has

or may have hereunder, operate as a waiver of any right or remedy.

 

SEVERABILITY

In the event that any of the provisions of this Agreement shall be held

by a court or other tribunal of competent jurisdiction to be invalid or

unenforceable, the remaining portion hereof shall remain in full force

and effect and such a provision shall be enforced to the maximum

extent possible so as to effect the intent of the parties and shall be

reformed to the extent necessary to make such provisions valid and

enforceable.

 

Last Updated: October 10, 2015