Terms of Use
Last updated on Aug 29, 2011
This website, www.morevidareviews.com (the “Website”) is wholly owned and operated by MoreVida, Inc. (hereinafter referred to as "MoreVida®", "us", "we", or “our”), a privately held company whose mission is to help people find or create the learning environments and experiences required to fulfill their personal and business ambitions.
These Terms of Use ("Terms") set forth the terms and conditions that govern your use of the Website and the MoreVida® Reviews Service (described below). These Terms apply to both Visitors and Members of the Website (defined in Section 2 below). Both Visitors and Members are referred to herein by the terms “User”, “Users”, “you”, “your”, and “yourself”.
You may choose to browse content on the Website as a "Visitor", or you may choose to register and become a "Member" to fully benefit from all the features and services available on the Website.
Note: Whether you register as a Member or use the Website as a Visitor, your use of the Website and the MoreVida® Reviews Service constitutes your acceptance of and agreement to these Terms.
1. The MoreVida® Reviews Service
1.1 Scope. The Website offers a number of Internet-based tools and services (hereinafter collectively referred to as the "MoreVida® Reviews Service" or the “Service”) to assist Users in:
- Gaining access to information about products, programs, services, people, and ideas designed or purported to educate, train, coach, or otherwise facilitate the fulfillment of goals in the varied fields of personal, professional and business development (hereinafter collectively referred to as “personal growth and business development products and services” or simply “products and services”); and
- Finding and sharing reviews of personal growth and business development products and services with others who may benefit from or be interested in evaluating said reviews.
By using the tools, applications, and other features of the Website, you will have the ability to, among other things:
- Read news and information in the field of personal growth, professional and business development;
- Receive event & promotional updates;
- Read the reviews of products and services posted by other Users;
- Create a Member Account and upload or create other content and profile information;
- Post reviews of products and services included on the Website;
- Create listings of products and services that you would like to see on the Website;
- Make informed choices about personal growth, professional and business development products and services;
- Connect to other Users who are interested in the fields of personal growth, professional and business development;
- Download information from third party providers and purchase or subscribe to their products and services;
- Participate in message boards, forums, contests, and other Website activities, which may change from time to time.
The features included in the Service may change from time to time. MoreVida® reserves the right to expand or discontinue any features of the Service without notice.
1.3 Fees. MoreVida® reserves the right to charge for the Service and to change the fees charged from time to time in our sole discretion. You will be notified in advance of, and given the opportunity to terminate use of the Service prior to, being charged any fee(s) by us.
2. Use of the Website and the Service
2.1 Website Users. As used herein, the term “User” includes both Visitors to the Website and Members. A “Visitor” means any unregistered person browsing the Website. Visitors can only browse the Website. To become a member and fully experience all the features and services of the Website, you must establish a Member Account.
2.2 Member Accounts. Use of any feature of the Service beyond browsing requires you to become a member of the Website (“Member”) by creating an account and providing information about yourself to us. To create a Member account, you agree to complete the registration process by choosing a username and password and providing current, complete, and accurate information as prompted by the applicable registration form; or by linking to membership information in third party sources which, from time to time, we may designate as sources of member information (for example, Facebook®).
We may refuse to grant you a username and password that impersonates someone else; is or may be illegal; is or may be protected by trademark or other proprietary rights law; is already in current use; is vulgar or otherwise offensive; may cause confusion; or for any other reason as determined by us in our sole discretion.
You are solely responsible for maintaining the confidentiality of your password and Member Account and for any and all activities that occur under your Member Account, either with or without your authorization or knowledge. You agree to indemnify and hold MoreVida harmless for all use of your Member Account, and further agree to notify MoreVida® immediately of any unauthorized use of, or suspicious activity in, that account. You agree not use anyone else's Member Account at any time, without the permission of the account holder. We reserve the right to close your Member Account at any time for any or no reason.
There are two types of Member Accounts. Except as otherwise provided in the Terms, you may create and use only one of the following Member Accounts:
(a) A "Member Account" is an account for your personal, non-commercial use, and may be used to submit, post, and transmit reviews, ratings, messages, compliments, invitations, commentary, photographs, and other types of User Content. In creating a Member Account, you agree to provide complete and accurate information about yourself in order to bolster your credibility as a contributor to the Website, though you may opt instead to provide information that does not make you personally identifiable. Notwithstanding the foregoing, you may not impersonate someone else (e.g., adopt the identity of a celebrity or your next-door neighbor), provide an email address other than your own, or create multiple Member Accounts.
(b) A “Business Account" sometimes referred to as a Business Owner Account is an account that represents the person, or business whose offers (i.e. Products and services) will be listed for review on the site.
In creating or updating a Business Owner Account, you must be an authorized representative of the business in question, and you must provide complete and accurate information about yourself and the business you represent. You may not provide an email address that is not a legitimate email address for the business in whose name the account is being registered. You may not create multiple Business Owner Accounts for the same business.
2.3 Eligibility. MoreVida® will only knowingly provide the Service to Users that can lawfully enter into and form contracts under applicable law. If you are under the age of 18, but at least 13 years of age, you may use the Service only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. The Service is not intended for children under the age of 13.
2.4 Your License to Use the Website and the MoreVida® Reviews Service.
(a) MoreVida, Inc. grants you a limited revocable license to access and use the Website and the MoreVida® Reviews Service for its intended purposes, subject to your compliance with these Terms. This license does not include the right to collect or use information contained on the Website for purposes prohibited by MoreVida; to compete with MoreVida®; to create derivative works based on the content of the Website; or download or copy the Website (other than page caching). If you use the Website in a manner that exceeds the scope of this license or you breach these Terms, MoreVida® may revoke the license granted to you.
(b) In using this Website and the Service, you may be exposed to content that may be deemed offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.
(c) You must comply with all of the terms and conditions of these Terms, the applicable agreements and policies referred to below, and all applicable laws, regulations and rules when you use the MoreVida® Reviews Service and the Website.
(d) MoreVida, Inc. solely and exclusively owns all intellectual property and other rights, title and interest in and to the Service and the Website, except as expressly provided for in these Terms. For example and without limitation, MoreVida, Inc. owns the trademarks MOREVIDA® and THE PRACTICE OF YOUR LIFE®; the copyrights in and to the Website; and certain technology used in providing the MoreVida® Reviews Service. All other trademarks appearing on the Website are the property of their respective owners. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Website without the written permission of MoreVida or such third party that may own said trademarks. You will not acquire any right, title or interest therein under these Terms or otherwise to any intellectual property owned by MoreVida, Inc.
(e) This Section 2.4 does not pertain to your intellectual property rights for material you upload or publish to, or display on, the Website.
2.5 Commercial Use. The Service is intended for and designed primarily for the personal use of Users and may not be used in connection with any commercial purposes, except as specifically set forth in any guidelines for Business Owner Accounts, or as otherwise approved by MoreVida®. Unauthorized framing of or linking to the Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from the profiles associated with Member Accounts without notice, and may result in termination of membership privileges.
2.6 Access. You are responsible for obtaining and maintaining all telephone or communication equipment, computer hardware, software, and other equipment needed for access to and use of the Website and the Service, and all charges related thereto.
3. Website Content
3.1 Definitions. "Content" means text, images, photos, audio, video, and all other forms of data or communication included on the Website. Content may come from one of several sources:
(a) "MoreVida Content" means Content that is created by MoreVida® and made available on the Website.
(b) "Your Content" or "Member Content" refers to Content that you submit, post, or transmit to, or by using the features of, the Website.
(i) For Member Accounts this Content may include items such as, but not limited to: ratings, reviews, and other comments and information related to providers included on the Website; information that you display as part of your Member Profile; invitations to other Users; and other commentary, information, text, or images that you may submit, post, or transmit to, or using, the Website. (ii) For Business Owner Accounts this Content may include items such as, but not limited to: information and images about the products or services you offer; contact and purchasing information; pricing, including information such as special offers and promotions; customer testimonials; and other commentary, information, text, or images about your product or service that you may submit, post, or transmit to, or using, the Website.
Your Content does not include the information that you submit in order to create a Member Account, unless you choose to make such information public, for example by including it on your Member Profile. Your Content also includes any and all ideas, questions, comments, suggestions, proposals, message board postings, material submitted via web forms, contest entries, communications, or any other information you submit to MoreVida® or post or otherwise transmit to, or using, the Website.
(c) "Third Party Content" means Content that is made available on the Website by parties other than MoreVida® or Users, such as data providers that license data to MoreVida for use on the Website.
(d) "Website Content" means all of the Content that is made available on the Website, including MoreVida® Content, Your Content, User Content, and Third Party Content.
Unless specifically stated, MoreVida® does not endorse and cannot vouch for the accuracy of any content other than MoreVida Content.
3.2 Member Contributions to the Website. You are solely responsible for Member Content that you that you upload, publish or display (hereinafter, "post") on or through the Service or the Website, or transmit to or share with other Users, and the consequences of posting such Member Content. You may not post, or transmit, Member Content on the Website or Service that you did not create or that you do not have permission to post.
By posting your Member Content, you represent and warrant to us that you have the necessary licenses, rights, consents and permissions to enable inclusion of the Member Content in the manner contemplated by this Website and these Terms. You agree that you will not post Member Content that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post such Member Content. MoreVida® is not liable or responsible for any Member Content provided by you, other Users, or third parties to the Website.
When you post Member Content to the Website, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the Member Content on the Website. Your published Member Content cannot always be withdrawn.
By posting Member Content to any part of the Website, you automatically grant, and you represent and warrant that you have the right to grant, to MoreVida an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license to: (a) use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Member Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Website or the promotion thereof; (b) prepare derivative works of, or incorporate into other works, such Member Content; (c) grant and authorize sublicenses of the foregoing; and (d) use and attribute the name the name that you submit in connection with the Member Content.
MoreVida does not assert any ownership over any of your Member Content; rather, as between us and you, subject to the rights granted to us in these Terms, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your Member Content.
3.3 Monitoring. MoreVida® reserves the right, but neither has nor assumes any obligation, to monitor, filter, or prescreen any content that is not MoreVida Content, including, but not limited to: reviews of products and services; transactions and communications that occur through the Website; message boards; blogs; websites created or linked to by Members; forums; Member Profiles; articles, audio and visual images, and other Member Content; and any other materials that you or third parties transmit to or post onto the Website. If MoreVida® determines, in its sole and absolute discretion, that you or another Member have breached a provision of these Terms or that any such content or communication is inappropriate, MoreVida may take any appropriate action, including removal of the content or communication from the Website, to restrict access to or the availability of any material that may be considered objectionable, without any liability to you or any third party.
3.4 Removal of Member Content. Notwithstanding the preceding paragraph, we may remove any Member Content and/or disclose such Member Content and the circumstances surrounding its transmission to any third party in order to: (a) operate the Website properly; (b) protect ourselves, our sponsors, and our Users; and (c) comply with legal obligations or governmental requests. You agree that any Member Content posted to the Website is the sole responsibility of the individual who originally posted the Member Content, and that your sole recourse for any damage you may suffer as a result of such Member Content shall be to such individual. MoreVida® may take such action to delete or remove any Member Content that, in MoreVida’s sole judgment, violates these Terms, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any Member Content you post or store on the Website or provide to MoreVida®.
3.5 Intellectual Property Rights in Content. The information contained in this Website, including all MoreVida Content and all images, illustrations, designs and photographs – other than your personal information, Your Content, and Member Content – are copyrights, trademarks and other intellectual property of MoreVida®, or its affiliates or subsidiaries, or of third parties, which ownership will be appropriately identified on the Website.
3.6 Sweepstakes, Contests, and Games. Any sweepstakes, contests, and games that are included on or accessible through the Website are governed by separate, specific rules, which are linked from the particular activity. By entering such sweepstakes or contests or participating in such games you are subject to those rules.
3.7 Email Newsletters and Promotional Alerts. By becoming a member you elect to receive email newsletters and promotional alerts. You may opt-out of receiving any or all of such email newsletters or alerts as described in out Privacy Policy.
4. Member Conduct
4.1 Permitted Uses. You may use the Website and the Service only for lawful purposes, and only as expressly permitted by MoreVida®.
4.2 Prohibited Uses. You may not cause harm to the Website or the Service. Specifically, but not by way of limitation, you agree not to:
Upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
Upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, surveys, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other duplicative or unsolicited messages, commercial or otherwise;
Harvest or collect email addresses or other contact information of other Users from the Service or the Website by electronic or other means;
Use automated scripts to collect information from or otherwise interact with the Service or the Website;
Upload, post, transmit, share, store or otherwise make available any content that contain visual or audio images, photographs, writings, software, or any other material protected by intellectual property laws (including, by way of example, and not as limitation, copyright or trademark laws), or by rights of privacy or publicity, unless you own or control the rights thereto or have received all necessary consent to do the same;
Use any material or information, including images or photographs, which are made available through the Service in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;
Falsify or delete any copyright management information, such as 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;
Download any Content posted by MoreVida®, another User of the Service, or a third party that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner;
Register for more than one Member Account, register for a Member Account on behalf of an individual other than yourself, or register for a Member Account on behalf of any group or entity (unless you are the primary user for such group or entity);
Use or attempt to use another’s Member Account without authorization from the Member or MoreVida®;
Impersonate any person or entity, or falsely state or otherwise misrepresent yourself for the purpose of misleading others;
Solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
Upload, post, transmit, share or otherwise make available any material that contains software viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
Upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
Advertise or offer to sell or buy any products or services for any business purpose, or post any other commercial solicitation, except as specifically allowed by MoreVida®;
Use the Service or the Website in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Website;
Upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of MoreVida®, is objectionable or which restricts or inhibits any other person from using or enjoying the Website, or which may expose MoreVida or its Users to any harm or liability of any type; and
Assist or encourage any third party in engaging in any activity prohibited by these Terms.
4.3 Guidelines for Member Reviews. The Website is intended as a forum for Users to obtain useful information on personal growth, professional and business development products and services. As such, your reviews should be designed to independently assess a particular product or service and provide fair and unbiased feedback. Members must adhere to the following guidelines:
Base your review on first hand experience. Your comments and ratings should be based on your experience with the quality and delivery of the product or service and your satisfaction in the interaction with the business that provided it. Avoid second hand experiences and hearsay.
Be independent. Your reviews should be unbiased and objective, and free of conflicts of interest. If there are obvious conflicts of interest, please don't post the review. For example, owners shouldn't sing the praises of their own businesses or bash their competitors, and users shouldn't comment on their current or former employers. Declare any perceived conflict of interest e.g. If you have an affiliate relationship with what you are reviewing.
Avoid personal attacks. Avoid lewdness, hate speech, and other displays of bigotry, or lashing out at someone or some business you don’t like or have a dispute with.
Be relevant. Your review should focus on your experience as a customer. This is not the place to voice your opinion about a business's employment practices, political ideologies, or other matters unrelated to the delivery of the product or service.
Say something constructive. Users want to see more than just a numeric rating, or to understand the basis for your opinion that something was no good – or that it surpassed your wildest expectations. Say something about your experience.
Don’t plagiarize. Use your own words and experiences to tell us about your experience with a product or service. Don't lift something from another website.
We may remove any reviews that we determine, in our sole discretion, violate these guidelines.
4.4 Registration Obligations. If you register to become a Member, you agree to: provide true, accurate, complete, and current information (such information being the "Registration Data"); and maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. You acknowledge and agree that, if any information provided by you is untrue, inaccurate, not current or incomplete, MoreVida® reserves the right to terminate your use of the Website and/or remove from the Website any of your User Content.
4.5 Privacy Policy. By entering into these Terms, you agree to MoreVida's collection, use and disclosure of your personal information in accordance with our Privacy Policy.
5. Disclaimers Regarding Your Use of the Service
5.1 This is Not a Professional Relationship. This Website is designed to facilitate your finding offers of educational and coaching help, information and resources relevant to your living your life with passion, fun and fulfillment, or growing your business. Accordingly, the Website contains information, data, advice, text, and other materials compiled from a variety of third party sources and posted as a resource by MoreVida® and its Members. The MoreVida® Reviews Service, in and of itself, is not intended to be, and should not be construed as, advisory in nature. Your use of the Service is not intended to and should in no way be construed as creating any professional relationship between you and MoreVida, such as that of physician-patient, psychotherapist-patient, or priest-penitent.
5.2 You Have Personal Responsibility for Your Well Being. Nothing contained in the Website is intended to be, and must not be taken to be, the practice of medicine, including psychology, psychiatry, or psychotherapy; the dissemination of health care advice; the instruction for diagnosis or treatment; or any other practices designed to diagnose or treat your medical, spiritual, psychological, financial, or sociological well being. MoreVida® does not advise or recommend the self-diagnosis or self-treatment of your physical, emotional or mental health. You should never disregard or delay in seeking medical advice because of something you have read on this Website.
5.3 You are Responsible for Your Relationships with Other Members and Providers. Members may post reviews, opinions, recommendations, suggestions, and other information, or offer their products or services, on the Website. These activities facilitate the use of the Service by all Users and do not constitute – expressly or implicitly – MoreVida's endorsement of the Member Content or any products or services Members may describe or offer. As between you and MoreVida®, other Members are third parties and MoreVida® does not control the Member Content they may post or any products and services they may offer. Further, MoreVida® cannot guarantee, represent or warrant that the Member Content posted on the Website by other Members is accurate, legal and/or inoffensive, or that their products and services are suited for their stated purposes. Accordingly, MoreVida® is not liable for any damage or loss you sustain that results from, or is alleged to result from, the reviews, information, other Member Content, or products or services of other Members. This includes, but is not limited to, any business arrangements, alliances, personal coaching structures, or any other interactions that you undertake with other Members.
5.4 You Are Responsible for Your Results. By agreeing to these Terms and using the Service, you acknowledge and agree that you are solely responsible for the results you produce in your life, career or business. MoreVida® is not responsible for the results obtained from your selection, adoption, purchase or use of any product or service that is reviewed or recommended on this Website, or your reliance on any reviews or Member Content.
6. Third Party Services
6.1 Linked Websites. MoreVida® may use third parties to provide certain functions or features of the Service, and these third parties may advertise or promote their products or services on the Website. In addition, the Website may contain links to or produce search results that reference or link to other Internet websites. Collectively, all such websites are referred to as “Linked Websites”. These links or references are provided to you only as a convenience, and any descriptions, images or listings of, or links or references to, such Linked Websites on this Website do not constitute, expressly or implicitly, MoreVida's endorsement of the content of, or products or services offered on, the Linked Websites. MoreVida® does not control these third parties or their website content and their products or services. Further, MoreVida® cannot guarantee, represent or warrant that the content contained in Linked Websites is accurate, appropriate for you, legal, or inoffensive, or that the products and services are suited for their stated purposes.
6.2 Limitation of Liability. MoreVida® shall not be responsible or liable, directly or indirectly, for any damage or loss whatsoever caused or alleged to be caused by or in connection with the use of any third party Website, or the reliance on any content, products and services available on or through any Linked Website.
6.3 Terms and Policies of Linked Websites. Linked Websites and other third party websites may have their own terms of use and other policies that govern your use of, and rights and obligations when using, those websites. You must comply with such terms and policies as well as these Terms. If any such terms or policies conflict with these Terms or other agreements or policies of MoreVida®, you must comply with MoreVida's Terms, agreements or policies, as applicable.
If you have a problem with a Linked Website, please let us know at This e-mail address is being protected from spambots. You need JavaScript enabled to view it . We will investigate the link and take appropriate action.
7. Copyright Dispute Policy
MoreVida® has adopted the following policies and procedures toward copyright infringement in accordance with Title 17, United States Code, Section 512(c), which is part of the Digital Millennium Copyright Act ("DMCA"). The address of MoreVida's Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is provided at the bottom of this section. It is MoreVida's policy to (i) respond to notices of alleged copyright infringement that comply with the DMCA; and (ii) terminate the accounts of those determined by MoreVida® to be "repeat infringers".
7.1 Procedure for Reporting Copyright Infringements. If you are a copyright owner or agent thereof, and believe that your copyright is being infringed in connection with the Website, please send a written notification to the Designated Agent detailing the alleged infringement. Your written notification must include:
(a) Identification of the copyrighted work that you claim has been infringed;
(b) Identification of the Content on the Website that allegedly infringes upon the copyrighted work at issue, and information reasonably sufficient to permit MoreVida® to locate such Content;
(c) A statement by you that you have a good faith belief that the use of the Content identified in your notice in the manner complained of is not authorized by the copyright owner, its agent, or the law;
(d) A statement by you that you attest, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
(e) Your physical or electronic signature, together with your contact information (address, telephone number and, if available, email address).
may, at its sole discretion, send a copy of such notices to third parties for publication. For example, your letter (with personal information removed) may be forwarded to Chilling Effects (http://www.chillingeffects.org) for publication. Please note that you may be subject to liability under Section 512(f) of the DMCA if you materially misrepresent that content on the Website infringes your copyright.
7.2 Procedure to Supply a Counter-Notice to the Designated Agent. If you believe that Content has been mistakenly removed from the Website pursuant to this DMCA policy, you may send a written counter-notice to the Designated Agent including the following:
(a) Identification of the Content that was removed and the location on the Website where it would have been found prior to its removal;
(b) A statement under penalty of perjury that you have a good faith belief that the Content was removed as a result of a mistake or misidentification;
(c) A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is located outside the United States, for any judicial district in which MoreVida® is located, and that you will accept service of process from the person who provided notification under 512(c)(1)(C) or an agent of such person; and
(d) Your physical or electronic signature, together with your contact information (address, telephone number and, if available, email address).
7.3 Address for Designated Agent. Please contact the Designated Agent at the following address:
Designated Agent
Morevida, Inc.
327E 34th St. Ste 1A
New York, NY 10016
This e-mail address is being protected from spambots. You need JavaScript enabled to view it
The Designated Agent should only be contacted in connection with the issues raised in this Section. All other inquiries directed to the Designated Agent will not be responded to; instead, such inquiries should be made through the procedures referenced in Section 12 below.
8. Representations and Warranties
8.1 Mutual Representations and Warranties. You represent and warrant to MoreVida® and MoreVida® represents and warrants to you: (i) that you or it has the full power and authority to enter into and perform under these Terms, (ii) the execution and performance of your or its obligations under these Terms does not constitute a breach of or conflict with any other agreement or arrangement by which you or it is bound, and (iii) these Terms is a legal, valid and binding obligation of the party entering into these Terms, enforceable in accordance with its terms and conditions.
8.2 Representations and Warranties by You. You represent and warrant to MoreVida® that, in your use of the Service, you: (i) will not infringe the copyright, trademark, patent, trade secret, right of privacy, right of publicity or other legal right of any third party, and (ii) will comply with all applicable laws, rules, and regulations. You further represent and warrant to MoreVida® that: (i) there are no claims, demands or any form of litigation pending, or to the best of your knowledge, threatened with respect to any of your Content; (ii) MoreVida® will not be required to make any payments to any third party in connection with its use of your Content, except for the expenses that MoreVida® incurs in providing the Service; (iii) the use of any instructions, formulae, recommendations, or the like contained in your Content will not cause injury to any third party; and (iv) your Content does not contain viruses or any other programs or technology designed to disrupt or damage any software or hardware.
9. Disclaimers and Exclusions
DISCLAIMER OF WARRANTIES. MOREVIDA® PROVIDES THE WEBSITE AND THE SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS. MOREVIDA® MAKES NO WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO (i) THE OPERATION AND FUNCTIONALITY OF THE WEBSITE, (ii) THE ACCURACY, INTEGRITY, COMPLETENESS, QUALITY, LEGALITY, USEFULNESS, SAFETY, AND INTELLECTUAL PROPERTY RIGHTS OF ANY OF THE WEBSITE CONTENT, INCLUDING BUT NOT LIMITED TO THE ACCURACY OF BUSINESS REVIEWS AND BUSINESS INFORMATION LISTED ON THE WEBSITE, AND (iii) THE PRODUCTS AND SERVICES ASSOCIATED WITH THE WEBSITE OR WEBSITE CONTENT, INCLUDING BUT NOT LIMITED TO THE PRODUCTS AND SERVICES SOLD BY BUSINESSES LISTED ON THE WEBSITE. MOREVIDA® FURTHER DISCLAIMS ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT YOU OBTAIN FROM MOREVIDA® OR THE WEBSITE SHALL CREATE ANY WARRANTY, REPRESENTATION, OR CONDITION NOT EXPRESSLY STATED HEREIN.
10. Limitation of Liability
LIMITATION OF LIABILITY. MOREVIDA® ITS SUBSIDIARIES AND AFFILIATES, AND EACH OF THEIR EMPLOYEES, REPRESENTATIVES, AGENTS, PARTNERS, DIRECTORS, OFFICERS, MANAGERS AND SHAREHOLDERS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS, (iii) BUSINESS INTERRUPTION, (iv) LOSS OF OR DAMAGE TO REPUTATION OF MOREVIDA® OR ANY THIRD PARTY, OR (v) LOSS OF INFORMATION OR DATA ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE SERVICE OR THIS WEBSITE, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
MOREVIDA® FURTHER DISCLAIMS ALL LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR USE OF THE WEBSITE AND WEBSITE CONTENT. YOUR USE OF THE WEBSITE AND WEBSITE CONTENT IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING LOSS OR DAMAGE, INCLUDING BUT NOT LIMITED TO ANY LOSS OF DATA OR DAMAGE TO YOUR COMPUTER FROM VIRUSES THAT MAY BE DOWNLOADED TO YOUR COMPUTER IN THE COURSE OF USING THE WEBSITE.
MOREVIDA® ALSO DISCLAIMS ALL LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR COMMUNICATIONS OR DEALINGS WITH ANY OF THE BUSINESSES, PROVIDERS, ADVERTISERS, OR MEMBERS ON THE WEBSITE. YOUR COMMUNICATIONS OR DEALINGS WITH SUCH BUSINESSES, PROVIDERS ADVERTISERS, AND MEMBERS ARE SOLELY BETWEEN YOU AND THEM, THOUGH MOREVIDA® RESERVES THE RIGHT (BUT HAS NO OBLIGATION) TO MONITOR DISPUTES BETWEEN YOU AND THEM.
EXCEPT FOR A BREACH OF A PARTY'S REPRESENTATIONS AND WARRANTIES UNDER THESE TERMS OR IN CONNECTION WITH YOUR INDEMNITY OBLIGATIONS UNDER THESE TERMS, IN NO EVENT WILL THE LIABILITY OF EITHER PARTY IN CONNECTION WITH THESE TERMS EXCEED THE GREATER OF (i) THE AMOUNT PAID BY YOU TO MOREVIDA DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT THAT GIVES RISE TO SUCH LIABILITY, OR (ii) $100. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
11. Indemnification
You agree to indemnify and hold MoreVida®, its subsidiaries and affiliates, and each of their employees, representatives, agents, partners, directors, officers, managers and shareholders (the "Parties") harmless from and against any damage, loss, liability, claim, demand, cost, or expense (including without limitation, attorneys' fees and costs) incurred in connection with any third-party claim, demand or action ("Claim") brought against any of the Parties arising out of or in connection with any content you post or share on or through the Website; your use of the Service or the Website; your conduct in connection with the Service or the Website or with other users of the Service or the Website; or your breach of provision of these terms through any act or omission; or your violation of any law or the rights of any third party.If you have to indemnify MoreVida® under this Section, MoreVida® will have the right to control the defense, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without MoreVida's express written permission.
12. Feedback
. If you have any comments about, have suggestions for improving, or are dissatisfied with the Website or the Service, please let us know by providing feedback to the customer support team through our contact us here. Your input is valuable to us. Your only other remedy with respect to any dissatisfaction with (i) the Website; (ii) the Service; (iii) the Terms; (iv) any policy or practice of MoreVida
12.2 Rights to Use Your Feedback. By sending us any ideas, suggestions, documents and/or proposals ("Feedback"), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties; (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback; (iii) we may have something similar to the Feedback already under consideration or in development; and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, publish, distribute and sublicense the Feedback.
13. Term and Termination
13.1 Termination by MoreVida®. In the event of any conduct by you which MoreVida®, in its sole discretion, considers to be unacceptable or a breach of these Terms, MoreVida® may, with or without notice to you: (i) suspend, limit your access to or terminate your use of the Website and/or the Service; (ii) suspend, limit your access to or terminate your membership account; (iii) remove any of your Member Content from the Website’s servers and directories; and (iv) prohibit you from using the Service and/or the Website.
13.2 Termination by You (for Members). You may terminate your membership and access to the Service for which you are registered, at any time, for any reason, by clicking “delete profile” in the profile tab of your account, or by sending an email request to This e-mail address is being protected from spambots. You need JavaScript enabled to view it
13.3 Survival. Notwithstanding Section 13.1 above, these Terms will survive indefinitely and remain in full force and effect while you use the Website or the MoreVida® Service, unless and until MoreVida® chooses to terminate, amend, change, or modify these Terms.
13.4 Effect of Termination. If you or MoreVida® terminates your use of the Website or the Service, MoreVida® may delete any Member Content or other materials relating to your use of the Service on the Website’s servers or otherwise in its possession, and MoreVida® will have no liability to you or any third party for doing so. In the event MoreVida® institutes a subscription fee and your membership is terminated by us due to your breach of these Terms, you shall not be entitled to the refund of any unused portion of any subscription fees paid.
14. Reservation of Rights
14.1 Modification of the Service. MoreVida® reserves the right to modify the organization, structure or "look and feel" of the Service or the Website, and may change, suspend, or discontinue any aspect or feature of the Service or the Website, including, but not limited to, content, hours of availability, and the equipment you need to access or use the Website and the Service, at any time without any liability to you or any third party. MoreVida® shall have complete discretion over the features, functions, prices and other terms and conditions on which the Service is offered to Users. Unless explicitly stated otherwise, any such updates, enhancements, or new features to the Website or the Service, and/or the addition of any new MoreVida® Web properties, shall be subject to these Terms.
14.2 Modification of the Terms. MoreVida® reserves the absolute right, at any time and in its sole discretion, to change or modify any of the terms and conditions applicable to use of the Website, or any part thereof, or to impose new conditions on use of the Website, including, but not limited to, adding fees and charges for the Service. When changes are made, we will notify you by making the revised version available on this webpage and will indicate at the top of this page the date that revisions were last made. You should revisit these Terms of Service on a regular basis as revised versions will be binding on you. Any such modification will be effective immediately upon posting of new Terms of Service. Your continued use of the Website after any posted modification to the Terms of Service indicates your acceptance of the modification.
15. Dispute Resolution
You are solely responsible for your interactions with other Members. MoreVida® reserves the right, but assumes no obligation, to monitor disputes between you and other Members. Members include Members with Business Owner Accounts.
16. Miscellaneous
16.1 Entire Agreement. These Terms, together with any other terms, policies, or rules referenced herein, constitute the entire agreement between you and MoreVida® and governs your use of the Service, superseding any prior written or oral agreements between you and MoreVida® with respect to the Service.
16.2 Successors. These Terms will be binding upon MoreVida® and all users of the Website and their respective successors and permitted assigns.
16.3 Assignability. These Terms are not assignable or transferable by you without the prior written consent of MoreVida®.
16.4 Governing Laws. These Terms and the relationship between you and MoreVida® shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the County of New York in the State of New York and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
16.5 Severability. The failure of MoreVida® to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions, all of which will remain in full force and effect.
16.6 Independent Contractors. You and MoreVida® are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms.
16.7 Section Headings. The section headings used herein are for convenience only and have no legal or contractual effect.
