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TERMS OF USE

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Welcome to the Terms of Use for Vireo Development, LLC, (“Vireo Development,” “we,” “us,” or “our”). Please read the following carefully, as these Terms of Use are a contract between you (“User,” “you,” or “your”) and Vireo Development.

 

1.Agreement to Terms

By accessing our website, https://www.vireodev.com (together with any mobile application or other websites we operate, collectively the “Platform”), services, games, applications, or products or otherwise accessing or interacting with any content, information, services, features, or any other resources or materials related to Vireo Development or made available via the Platform (collectively, the “Services”), you agree to be bound by these Terms of Use (“Terms” or “Agreement”) and the Company’s Privacy Policy (available at https://www.vireodev.com/privacy-policy) (the “Privacy Policy”) that is incorporated by reference into these Terms.

Please read this Agreement carefully before using any of Vireo Development’s Services. If you don't agree to be bound by these Terms, do not use the Services.

If you are accessing or using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, “you” and “your” will refer to that company or other legal entity. Otherwise, “you” and “your” will refer to you, individually.

We may modify the terms in this Agreement at any time, in our sole discretion. If we do so, we will give you notice of the changes through our Services or through other e-communications as we believe necessary. We encourage you to review this statement periodically. Your continued access and use of the Services, however, is deemed your affirmative acceptance of the revised Agreement.

 

2.eligibility

The Services are available to users of all ages. By creating an account and/or using the Service, you represent and warrant that:

  • You can form a binding contract with Vireo Development;

  • You are not a person who is prohibited from using the Service under the laws of the United States or any other applicable jurisdiction; and

  • You have not previously been removed from the Service by us.

When using the Services, you covenant that you will comply with these Terms and all applicable laws, and that you will use the latest version of the Platform.

We reserve the right to modify or discontinue, for any time and for any reason, any of our Services to any user with or without notice. You agree that Vireo Development will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service except to refund any fees paid for Services not provided by us.

 

3.Grant of License

Subject to these Terms, we grant you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use our Services for your personal non-commercial use. The term of your license begins on the date that you install or otherwise use our Services and ends on the earlier date of either the date you are no longer allowed to use our Services or our termination of this Agreement. Your license terminates immediately if you violate these Terms. You hereby acknowledge that no title or ownership in our Services is being transferred or assigned and these Terms should not be construed as a sale of any rights in our products or Services. All rights not specifically granted under these Terms are reserved by Vireo Development.

 

4.Registration[TP1] 

To use some of our Services, including any of our apps or games (collectively, “Applications”) [TP2] you will have to have a Steam Account, an Oculus account, or a PlayStation™Network Account ("Accounts" and each an "Account"). We do not administer Accounts. They are administered by Valve Corporation, Oculus VR, LLC or Sony Interactive Entertainment, respectively. Accordingly, you may be subject to additional terms and conditions from these companies that are not included in or covered by this Agreement. We encourage you to read these third-party terms and conditions. Our collection of information from third parties is covered in the Privacy Policy.

You are responsible for all activities that occur under any Account created by or associated with you, whether or not you know about it. You agree that we are not liable for any loss that you may incur as a result of someone else's authorized or unauthorized access to your Account. You agree to be liable for losses incurred by Vireo Development due to someone else's use of your Account. Later versions of the Application may require that you establish a different account with us, and additional terms and restrictions will then apply.

 

5.Personal and Non-Commercial Use Limitation

Except as otherwise specified below, Vireo Development is providing the Services to you for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, and/or services obtained from the Services. You may not circumvent any technical protection measures. 

 

6.purchase and payment

External Services[TP3] :  Vireo Development may offer products and services through authorized external services, like Steam or the PlayStation™Store (each an “External Service,” with each purchase made there an “External Service Purchase”). When you make an External Service Purchase through an account with a third-party External Service like the PlayStation™Store with your PlayStation™Network Account (“External Service Account”), you agree to the terms disclosed to you at the time of purchase and those general terms applicable to your External Service Account, which may include the imposition of sales tax.

Virtual Items:  There may be opportunities across our Services to purchase a limited, personal, non-transferable, non-sublicensable, revocable license to use or access special limited-use features or virtual “currency[TP4] ” that can be exchanged on the platform for virtual products (collectively, “Virtual Item(s)”). This provision on Virtual Items commences immediately upon the acceptance of your purchase of any such Virtual Items.

Virtual Items represent a limited license right governed by this Agreement, and, except as otherwise prohibited by applicable law, no title or ownership, property or otherwise, in or to Virtual Items is being transferred or assigned to you. Any Virtual Item balance in your account simply constitutes a measurement of the extent of your license and does not reflect or constitute a real-world balance or reflect any stored value.

Virtual Items do not incur fees for non-use; however, the license granted to you will terminate in accordance with the terms of this Agreement, when Vireo Development ceases providing the applicable service or your account is otherwise closed or terminated.

Vireo Development reserves the right to charge fees for the right to access or use Virtual Items and may distribute Virtual Items with or without charge. We also may manage, regulate, control, modify or eliminate Virtual Items at any time, and shall have no liability to you or any third party in the event that Vireo Development exercises such rights.

Refunds on External Services:  If you made a purchase on an External Service, whether for an Application of ours or for its respective Virtual Items, you must cancel through the External Service, as we do not handle potential refunds for purchases made on External Services.

Chargebacks:  If you initiate a chargeback or otherwise reverse a payment made with your External Service Account or payment method, we have the right to cancel your access to our Services on the basis that you have determined that you do not want to use our respective Service.

 

7.Limited License to Broadcast GamePlay[TP5] 

Vireo Development believes that our Applications are best served by an active and excited community of users. To encourage community growth and development, we grant each user ("Broadcasting User") a limited, revocable, royalty-free license to broadcast such Broadcasting User's unique play within a given Application ("Broadcasted Content"), where possible, but only through third-party media that is, at the time of broadcast, currently approved by Vireo Development ("Approved Broadcaster(s)"). In furtherance of your exercise of the foregoing limited license, you may assume that other users who participate in gameplay with you have given you nonexclusive performance rights for their parts in your Broadcasted Content, unless or until you have notice that he, she, or they opts out in accordance with the provisions outlined below. To the extent a user opts out, our license with respect to Broadcasted Content including that user is revoked.

The above limited license to broadcast the Application is subject to the additional conditions:

  • A Broadcasting User may only broadcast his or her own gameplay;

  • All Broadcasted Content must otherwise comply with these Terms, any code of conduct applicable to the Service or Application, and the Privacy Policy;

  • Broadcasting Users assume all liability for ensuring their Broadcasted Content, and any monetization of Broadcasted Content, fully complies with all applicable laws, as well as the Approved Broadcaster(s)' applicable terms of service, policies, rules, and guidelines;

  • Vireo Development may revoke a user's license to broadcast for any or no reason and without notice.

Opting Out: Any user may revoke such user's permission to a Broadcasting User to be included in Broadcasted Content by providing written notice to the Broadcasting User of his, her, or their decision to opt out ("Opt-Out Notice"). Vireo Development may, but is not obligated to, provide Opt-Out Notices on a case-by-case basis on behalf of users. Upon receipt of an Opt-Out Notice, the Broadcasting User must promptly remove the Broadcasted Content or otherwise modify the Broadcasted Content to remove the other user(s). Vireo Development does not assume any responsibility for ensuring compliance with the foregoing.

Approved Broadcasters: The following is an exclusive list of currently Approved Broadcasters. Modifications to this list may be made here, or elsewhere on the store page for the Application. Users may only broadcast content through currently Approved Broadcasters. We do not claim any affiliation with the Approved Broadcasters, nor do we make any representations as to the quality or functionality of the Approved Broadcasters' services.

  • Twitch Interactive, Inc.

  • YouTube, LLC

  • Facebook Inc.

  • Twitter Inc.

  • reddit Inc.

We reserve the right to add or remove Approved Broadcasters as we see fit. If you would like to request that a broadcaster be added to the list above, feel free to contact us at info@vireodev.com.

 

8.Health and Safety Precautions

The below should be reviewed before use of any virtual reality Services or Applications. If the Application will be used by children, this information should be read and explained to them by an adult. Failing to review the below health and safety precautions may cause damage to property, injury, or death. These health and safety precautions are not intended to be an exhaustive list, and use of the Application may involve other health and/or safety risks not contained herein. You agree that Vireo Development is not liable for any damage to property, injury, or death that may occur as the result of your failure to review the health and safety precautions or as a result of the interactions between you or your family members and people or objects in or around the play area during your use of the Application.

Children:  Adults should monitor children who are using or have used the Application for any of the symptoms described below and should limit the time children spend using the Application and ensure that they take breaks during use. Prolonged use should be avoided, as it could negatively impact hand-eye coordination, balance, and multi-tasking ability. Adults should monitor children closely during and after use of the Application for any decrease in these abilities.

Epileptic Seizure Warning:  Please note that certain people are susceptible to epileptic seizures or loss of consciousness when exposed to certain flashing lights or light patterns, even if they have never experienced epileptic symptoms or been previously diagnosed with epilepsy. Such people may have a seizure while watching certain images on screens, including virtual reality headsets, or playing certain video games. If you or anyone in your family has ever had symptoms related to epilepsy (seizures or loss of consciousness in particular) when exposed to flashing lights, you should consult your doctor prior to playing the Application. Parents and guardians should watch their children while playing the Application. Stop playing the Application and consult a doctor if you or your child has any of the following symptoms: convulsions; eye or muscle twitching; loss of consciousness or awareness; altered vision; involuntary movements; or disorientation.

You agree that Vireo Development is not liable for any death, injury, or health complications resulting from any epileptic symptoms or conditions which may occur during or as a result of your use of the Application or other Services. To reduce the likelihood of a seizure or epileptic symptoms do not use the Application when tired or need sleep and take 10- or 15-minute breaks every 30 minutes.

Motion Sickness:  Playing video games (especially virtual reality games), including our Applications, may cause motion sickness in some players. If you or your child feels dizzy or nauseous when playing the Application, stop playing and rest. Do not drive, operate heavy machinery or engage in other demanding or strenuous activity until you feel better. To limit the risk of motion sickness while playing the Application, do not use the Application when you are tired, need sleep, are under the influence of alcohol or drugs, are hung-over, have digestive problems, are under emotional stress or anxiety, or when suffering from cold, flu, headaches, migraines, or earaches or other health issues which may increase your susceptibility to adverse symptoms.

Repetitive Motion Injuries and Eyestrain:  Playing video games, including our Applications, can make your muscles, joints, skin or eyes hurt. To avoid problems such as tendinitis, carpal tunnel syndrome, skin irritation or eyestrain:

  • Avoid excessive play;

  • Take a 10- to 15-minute break every 30 minutes while playing the Application;

  • If your hands, wrists, arms, eyes or other parts of your body become tired or sore while playing, or if you feel symptoms such as tingling, numbness, burning or stiffness, stop and rest for several hours before playing again; and

  • If you continue to have any of the above symptoms or other discomfort during or after playing the Application, stop playing and consult a doctor.

 

9.Play Area Precautions

Give yourself plenty of room to move when using our Applications. Always be aware of your surroundings when playing the Application. While playing the Application you will be moving around the play area and using your hands to control gameplay. Make sure the play area is clear of furniture, objects and other people that could be bumped into during gameplay. Please ensure that you are not near other people, stairs, balconies, windows, walls furniture or other objects that may pose a danger to you or could be damaged or injured during or immediately after using the Application. All objects that may pose tripping hazards, could cause injury, or could be damaged as the result of your contact with them while playing the Application should be removed from the play area prior to your or your family members playing the Application. A minimum six-feet-by-six-feet unobstructed play area is recommended for safe enjoyment of the Application. Never handle sharp or dangerous objects while playing the Application.

Due to the immersive nature of the Application, sound volumes should be kept at low enough levels that you are able to maintain awareness of your surroundings while playing the Application and so as not to damage your hearing. You should not use the Application if your awareness of your surroundings is impaired by lack of sleep, drugs, alcohol, the effects of a hang-over, stress, anxiety or when suffering from a cold, flu, headaches, migraines or other illnesses.

 

10. Content and Content Rights

For purposes of these Terms: (i) "Content" means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are included in our Applications or posted, generated, provided or otherwise made available through the Services; and (ii) "User Content" means any Content that you make available through the Services, including by posting, uploading, inputting, providing, or submitting, publicly or privately, on community forums or directly to Vireo Development. User Content includes any feedback or suggestions you provide to Vireo Development. Content includes without limitation User Content.

Content Ownership, Responsibility, and Removal:  Vireo Development and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights, with the exception of User Content, to which Vireo Development does not claim any ownership rights, but rather possesses license rights as described below. Nothing in these Terms will otherwise be deemed to restrict any rights that you may have to use and exploit your User Content. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.

Rights in User Content Granted by You:  By submitting any User Content, or by making any User Content available through the Services, you hereby grant Vireo Development a non-exclusive, transferable, sub-licensable, perpetual, worldwide, royalty-free license to use, incorporate into any of Vireo Development's intellectual property, Application or other software, other Services, or other products, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform, and distribute your User Content. Vireo Development will not compensate you with respect to the use of any User Content. Any User Content that you post on our public forums will be visible to the public and neither we nor any of our users owe you any confidentiality obligations in relation to your User Content.

You are solely responsible for all your User Content. You represent and warrant, or covenant, that: (i) you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms; and (ii) neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Vireo Development on or through the Services will infringe, misappropriate or violate a third party's intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You can remove your User Content by specifically deleting it. However, in certain instances, some of your User Content may not be completely removed and copies of your User Content may continue to exist on the Services. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.

 

11. General Prohibitions and Vireo Development's Enforcement Rights

You agree not to do any of the following:

  • Do anything in connection with your use of the Services, including posting, uploading, publishing, submitting or transmitting any Content that:

    • (i) is illegal; (ii) infringes, misappropriates or violates a third party's intellectual property rights, or rights of publicity or privacy; (iii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iv) is fraudulent, false, misleading or deceptive; (v) is defamatory, obscene, pornographic, vulgar, racially or ethnically offensive; (vi) harasses, threatens or embarrasses others, or promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vii) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (viii) promotes illegal or harmful activities or substances; (ix) is cheating (i.e., including exploits of any in-game bugs, that give you and/or any other user an advantage over other players not using such methods); (x) is offensively coarse, intimidating or threatening, constitutes unwelcome sexual advances or requests for sexual favors, or is otherwise likely to cause annoyance or alarm; or (xii) violates any code of conduct or similar standards established for any Services.  

  • Use, display, mirror or frame the Services or any individual element within the Services, Vireo Development’s name, any Vireo Development trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Vireo Development’s express written consent;

  • Access, tamper with, or use non-public areas of the Services, Vireo Development’s computer systems, or the technical delivery systems of Vireo Development’s providers;

  • Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Vireo Development or any of Vireo Development’s providers or any other third party (including another user) to protect the Services or Content;

  • Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Vireo Development or other generally available third-party providers;

  • Use any meta tags or other hidden text or metadata utilizing a Vireo Development trademark, logo URL or product name without Vireo Development’s express written consent;

  • Use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;

  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content;

  • Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;

  • Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;

  • Impersonate or misrepresent your affiliation with any person or entity;

  • Violate any applicable law or regulation; or

  • Encourage or enable any other individual to do any of the foregoing.

Monitoring:  Although we do not commit to monitor access to or use of our Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating and updating the Services to ensure compliance with these Terms and to comply with applicable law or other legal requirements.

Enforcement:  We have the right, but are not obligated, to remove, disable or suspend your or any user's access to any Content or the Services, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content or activity when using the Services to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services including, consulting and cooperating with law enforcement authorities to prosecute users who violate the law.

Additionally, to ensure that the Application is a safe and welcoming space for all users, you agree to report to us using the contact information provided below: (1) any other users that you believe are violating any of the foregoing prohibitions, and (2) any Content that you believe was submitted by or about a child under the age of 13.

 

12. DMCA/Copyright Policy

Vireo Development respects copyright law and expects its users to do the same. It is Vireo Development’s policy to terminate in appropriate circumstances users of an Application and/or Services who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.

Vireo Development will respond to allegations of copyright infringement or other violations in accordance with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512. If you believe that your copyrighted work is being infringed by material that appears in our Services, please provide Vireo Development’s designated agent (address appears below) the following information that the DMCA requires:

  • A description or identification of the copyrighted work that you claim to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.

  • A description of where the allegedly infringing material is located in the Services.

  • Information reasonably sufficient to permit Vireo Development to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.

  • Your statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

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

Any takedown notice should be sent to info@vireo.dev.

Please also note that for purposes of Section 512(f) of the U.S. Copyright Act, any person who knowingly misrepresents that material or activity is infringing may be subject to liability.

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13. Communication

By providing your e-mail to us, you affirmatively consent to receive communications from us. These communications may be, but are not limited to, administrative notices, Service announcements or changes, or emails and texts containing commercial offers, promotions or special offers from Vireo Development or third-party partners.

You may opt-out in receiving these communications by clicking “unsubscribe” in an e-mail.

Vireo Development may provide you with notices relating to this Agreement or our Services using any reasonable means. Some non-limiting examples are email, postage mail, SMS, MMS, text message, or postings on the Website.

 

14. Links to Third Party Websites or Resources

The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.

 

15. Termination

We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. Upon any termination, discontinuation or cancellation of the Services and/or your Account, provisions relating to Content Ownership, DMCA/Copyright Policy, Termination, Warranty Disclaimers, Indemnity, Limitations of Liability, and Dispute Resolution shall survive such termination.

 

16. Warranty Disclaimers

THE SERVICES AND CONTENT ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any Content.

Users:  We do not control or direct what people and others do or say. Accordingly, WE ARE NOT RESPONSIBLE FOR THE ACTIONS, CONDUCT, OR CONTENT THAT YOU OR ANOTHER USER OR THIRD-PARTY POSTS, SENDS, OR RECEIVES THROUGH OUR SERVICES (WHETHER ONLINE OR OFFLINE) OR ANY CONTENT THEY SHARE (INCLUDING THAT WHICH IS OFFENSIVE, INAPPROPRIATE, OBSCENE, UNLAWFUL, AND OTHER OBJECTIONABLE CONTENT).

We also DO NOT TAKE ANY RESPONSIBILITY FOR ANY RESPONSIBILITY FOR THE IDENTITY, INTENTIONS, LEGITIMACY, OR VERACITY OF ANY USERS WITH WHOM YOU MAY COMMUNICATE THROUGH OUR SERVICES.

We also are not responsible for any damage to your computer software or other equipment or technology that may result from, including, but without limitation, a security data breach, virus, bugs, fraud, delay in operation or transmission, or other technical malfunction.

 

17. Indemnity

You agree to indemnify and hold harmless Vireo Development and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services or Content, (ii) your User Content, or (iii) your violation of these Terms.

 

18. Limitation of Liability

YOU AGREE THAT NEITHER VIREO DEVELOPMENT NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY PERSONAL INJURY, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT VIREO DEVELOPMENT HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IF YOU RESIDE IN A JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL VIREO DEVELOPMENT'S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO VIREO DEVELOPMENT FOR USE OF THE SERVICES, OR CONTENT OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO VIREO DEVELOPMENT, AS APPLICABLE. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN VIREO DEVELOPMENT AND YOU.

 

19. Dispute Resolution

The exclusive means for resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach), the Service will be binding arbitration administered by the American Arbitration Association under the Consumer Arbitration Rules. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against Vireo Development in a small-claims court located in the State of Utah. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against Vireo Development any class action, class arbitration, or other representative action or proceeding.

By using the Website or the Service in any manner, you agree to the above arbitration agreement. In doing so, you give up your right to go to court to assert or defend any claims between you and Vireo Development (except for matters that may be taken to small-claims court). You also give up your right to participate in a class action or other class proceeding. Your rights will be determined by a neutral arbitrator, not a judge or jury, and the arbitrator shall determine all issues regarding the dispute. You are entitled to a fair hearing before the arbitrator.

Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court in the State of Utah.

If this arbitration agreement is for any reason held to be unenforceable, any litigation against Vireo Development (except for small-claims court actions) may be commenced only in the federal or state courts located in Utah. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.

This Agreement, and any dispute between you and Vireo Development, shall be governed by the laws of the state of Utah without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.

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20. General Terms

These Terms constitute the entire and exclusive understanding and agreement between Vireo Development and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Vireo Development and you regarding the Services and Content.

If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect.

You may not assign or transfer these Terms, by operation of law or otherwise, without Vireo Development’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Vireo Development may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Vireo Development's failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

No agency, partnership, joint venture or employment is created because of this Agreement and you may not make any representations or bind Vireo Development in any manner.

 

21. Contact Information

If you have any questions about these Terms and/or the Services, please contact Vireo Development at info@vireodev.com.

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