Welcome to Vü LLC
Last Updated Sept. 17, 2020
These Terms state that any disputes between you and Vü LLC must be resolved in binding arbitration or small claims court and that you waive the right to participate in any class action. You may opt out of arbitration and the class action waiver by following the procedures in Section 13.E below.
1. Registration and Account Security. You must be at least 13 years of age in order to use this Site. If you are not at least 13 years of age, please do not use or interact with this Site.
To use the Services you must (i) be at least 13 (13) years of age; (ii) have not previously been suspended or removed from the Services; and (iii) register for and use the Services in compliance with any and all applicable laws and regulations and these Terms.
a) Account Registration. To access some features of the Services and or the Vü Site, you may be required to register for an account. When you register for an account, we may ask you to give us certain identifying information about yourself, including but not limited to your email address and other contact information, and to create a user name and password the (“Registration Information”). When registering for and maintaining an account, you agree to provide true, accurate, current, and complete information about yourself. You also agree not to impersonate anyone, misrepresent any affiliation with anyone else, use false information, or otherwise conceal your identity from Vü LLC for any purpose.
b) You Are Responsible For Your Account. You are solely responsible for maintaining the confidentiality and security of your password and other Registration Information. For your protection and the protection of other users, we ask you not to share your Registration Information with anyone else. If you do share this information with anyone, we will consider their activities to have been authorized by you. If you have reason to believe that your account is no longer secure, you must immediately notify us at support@Vuspeech.com.
2. Products on Vü Shop
The Vü Site and Vü Online Community consisting of Vü Facebook, YouTube, Twitter, Instagram, Linkedin, and Pintrest will feature selected products from a variety of retailers such as the eBay partner network including but not limited to our Vü Travel kit. We make efforts to ensure that products displayed through our Vü Shop are available for purchase; however, we cannot guarantee featured items are available, and we cannot guarantee the retailer’s quantity or quality. Also, although we make every effort to display the product as it looks in real life, it’s not always possible to make it perfect every time. Screen displays and different viewing options mean your colors may display differently than the actual product. Vü is not responsible for the display of any color, texture or detail of merchandise on your mobile or device screen and cannot and does not guarantee the accuracy of any representation.
We try to keep our Vü Shop tidy and up to date. Once we are alerted that an item is out of stock, we will attempt to remove the item promptly from display, but please be aware that display of an item is not a guarantee that the item is currently in stock nor is it a guarantee that the item will be available later.
Pricing and Use in the United States. Prices are in United States (“U.S.”) currency.
Special Offers: At different times, we may communicate through email, text and social media channels such as the Vü Facebook page or Instagram special promotions intended to reward our biggest fans for helping to spread the word about Vü through social media.
Return of Vü Travel Kit: If you are not entirely happy with your Vü Travel Kit, you may return it to Vü within fourteen (14) days of receipt of your purchase to RETURNS Vü LLC, 1576 Sweet Home Road, Amherst, NY 14228-2710. The Vü Travel Kit must be returned unused in its original packaging and in new and sellable condition. Vü will refund the purchase price back to the credit card you used, less the shipping cost and a USD $5.00 restocking fee. Refunds may take up to ten (10) business days to process once received. We will not refund original shipping charges unless an error on our part caused the return.
All other products featured in the Vü Shop must be returned to the manufacturer or the company you purchased the item from. If you have any questions, please contact a member of our Vü Care team at support@VuSpeech.com.
When you click on links to various merchants on the Site and make a purchase, this can result in Vü earning a commission. Affiliate programs and affiliations include, but are not limited to, the eBay Partner Network and may change from time to time.
a) Vü LLC may, but is not required to, monitor the Vü Site and Vü Online Community content and reserves the right to edit, correct or delete any content for any reason at our sole discretion.
b) You hereby grant to Vü LLC a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, translate, transmit and distribute any content, information or material you submit or post to the Vü Site and Vü Online Community, in any medium now in existence or hereafter developed, for any purpose, including commercial uses.
c) We may terminate a user’s access or ability to use the Vü Site/Services or Vü Online Community, immediately, without notice, and at our sole discretion, for user’s failure to comply with any terms or conditions of these Terms or Content Guidelines.
4. Third Party Services.
a) Advice from Third Parties. Some of the Vü Online Community may involve advice from third parties and third party content. You agree that any such advice and content is provided for information, education, and entertainment purposes only, and does not constitute legal, financial, tax planning, medical, or other advice from Vü LLC. You agree that Vü LLC is not liable for any advice provided by third parties. You agree that you are responsible for your own financial research and financial decisions, and that Vü LLC is not responsible or liable for any decisions or actions you take or authorize third parties to take on your behalf based on information you receive as a user of the Vü Site and/or Vü Online Community.
c) Vü LLC Does Not Endorse Third Parties. The Site and Vü Online Community may contain links to third party websites and services. Vü LLC provides such links as a convenience, and does not control or endorse such websites and services. You acknowledge and agree that Vü LLC has not reviewed the content, advertising, products, services, or other materials that appear on such third party websites or services, and is not responsible for the legality, accuracy, or appropriateness of any such content, and shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any such third party websites or services.
5. Prohibited Conduct. You agree not to:
a) use the Services for any illegal purpose, or in violation of any local, state, national, or international law;
b) violate or encourage others to violate the rights of third parties, including intellectual property rights;
c) post, upload, or distribute any content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, hateful, or otherwise inappropriate;
d) interfere in any way with security-related features of the Site or Vü Online Community;
e) interfere with the operation or any user’s enjoyment of the Site or Vü Online Community, including by uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code, making unsolicited offers or advertisements to other users, or attempting to collect personal information about users or third parties without their consent;
f) access, monitor or copy any content or information of the Site using any robot, spider, scraper, or other automated means or any manual process for any purpose without Vü LLC’s express written permission;
g) perform any fraudulent activity, including impersonating any person or entity, claiming false affiliations, accessing the accounts of other users without permission, or falsifying your identity or any information about you, including age or date of birth; or
h) sell or otherwise transfer the access granted herein.
6. Content & Community Guidelines
Intellectual Property and User Content. The Vü Site and Vü Online Community are protected by applicable copyright and other intellectual property laws, and no materials from the Services may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without our express permission. All trademarks and service marks on the Site and Vü Online Community belong to Vü LLC, except third-party trademarks or service marks, which are the property of their respective owners. You represent and warrant that you own or otherwise have the right to use any content you post to the Vü Site or Vü Online Community. If you believe that your content has been used in a way that constitutes copyright infringement, you may contact:
1576 Sweet Home Road
Amherst, NY 14228-2710
You must provide the following information: an electronic or physical signature of the copyright owner or the person authorized to act on behalf of the copyright owner; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located; your address, telephone number, and email address; a written statement 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. Vü LLC has adopted and implements a policy that provides for termination in appropriate circumstances of accounts of users who repeatedly infringe copyright or other intellectual property rights of Vü LLC or others.
7. Indemnification. You agree that you will be personally responsible for your use of the Vü Site and Vü Online Community and the Services you access or purchase through the Site and/or the Vü Online Community, and you agree to defend, indemnify, and hold harmless Vü LLC from and against any and all claims, liabilities, damages, losses, and expenses (including attorneys’ and accounting fees and costs), arising out of or in any way connected with (a) your access to, use of, or alleged use of the Vü Site and Vü Online Community; (b) your violation of these Terms or any applicable law or regulation; (c) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right; or (d) any disputes or issues between you and any third party. Vü LLC reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
8. Termination. If you violate these Terms, your permission to use the Vü Site and Vü Online Community will automatically terminate. In addition, Vü LLC in its sole discretion may suspend or terminate your user account and/or suspend or terminate some or all of your access to the Vü Site and Vü Online Community at any time, with or without notice to you. You may terminate your account at any time by contacting Vü Care team Service at support@Vuspeech.com. After your account is terminated, information and content previously provided by you will no longer be accessible through your account, but Vü LLC may continue to store such information and content, and it may also be stored by third parties to whom it has been transferred through your use of the Site or Vü Online Community.
9. Modification of these Terms. Vü LLC reserves the right at any time to modify these Terms and to impose new or additional terms or conditions on your use of the Site or Vü Online Community including receipt of the Services. Such modifications and additional terms and conditions will be effective immediately upon notice and incorporated into these Terms. We will make reasonable efforts to notify you of any material changes to these Terms, including, but not limited to, by posting a notice to our website or by sending an email to any address you may have provided to us. Your continued use of the Services following notice will be deemed acceptance of any modifications to these Terms.
10. Disclaimers of Warranties. The Services are provided “as is” and on an “as available” basis, without warranty or condition of any kind, either express or implied. Although Vü LLC seeks to maintain safe, secure, accurate, and well-functioning Services, we cannot guarantee the continuous operation of or access to our Services, and there may at times be inadvertent technical or factual errors or inaccuracies.
a) No Warranties. Vü LLC specifically (but without limitation) disclaims (i) any implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, or non-infringement; and (ii) any warranties arising out of course-of-dealing, usage, or trade. You assume all risk for any/all damages that may result from your use of or access to the Services. Vü LLC is not responsible for the loss of, damage to, or unavailability of any information you have made available through the Services, and you are solely responsible for ensuring that you have backup copies of any information you have made available through the Services.
b) No Guarantee Of Accuracy.Vü LLC does not guarantee the accuracy of, and disclaims all liability for, any errors or other inaccuracies in the information, content, recommendations, and materials made available through the Services.
c) No Warranties Regarding Third Parties. Vü LLC makes no representations, warranties, or guarantees, express or implied, regarding any third party service or advice provided by a third party, or any quotes or offers provided through the Services. Vü LLC does not endorse any particular advisor or other third party. Vü LLC acts solely as an intermediary between you and third party service providers and expressly disclaims any and all liability for any content, products, or services provided by such service providers. See Section 4, above, for more information regarding third parties and third party services.
11. Limitation of Liability. In no event will Vü LLC be liable to you for any incidental, special, consequential, direct, indirect, or punitive damages, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, whether or not Vü LLC has been informed of the possibility of such damage. Some jurisdictions do not allow the disclaimer of warranties or limitation of liability in certain circumstances. Accordingly, some of the above limitations may not apply to you.
12. Governing Law; Venue. These Terms are governed by the laws of the State of New York, without regard to conflict of law principles. Subject to Section 13, which provides that disputes are to be resolved through binding arbitration or small claims court, to the extent that any lawsuit or court proceeding is permitted hereunder, you and Vü LLC agree to submit to the exclusive personal jurisdiction of the state courts and federal courts located within Erie County, New York, for the purpose of litigating all such disputes. We operate the Services from our offices in New York, and we make no representation that information and materials included in the Services are appropriate or available for use in other jurisdictions.
13. Dispute Resolution by Binding Arbitration; Class Action Waiver. In the interest of resolving disputes between you and Vü LLC in the most expedient and cost-effective manner, you and Vü LLC agree to resolve disputes through binding arbitration or small claims court instead of in courts of general jurisdiction (“Agreement to Arbitrate”). Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted. You acknowledge and agree that the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that individual party’s claim(s). Any relief awarded cannot affect other users.
YOU UNDERSTAND THAT BY ENTERING INTO THIS AGREEMENT, YOU AND VÜ LLC ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
a) Claims To Be Resolved By Binding Arbitration. You and Vü LLC agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to: claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory; claims that arose before this or any prior Terms; claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and claims that may arise after the termination of these Terms.
b) Exceptions. Notwithstanding Section 13(a), you and Vü LLC agree that no statement herein shall be deemed to waive, preclude, or otherwise limit either party’s right to (i) bring an individual action in small claims court; (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available; (iii) seek injunctive relief in any competent court of law; or (iv) to file suit in a court of law to address intellectual property infringement claims.
c) Notice and Process. A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (the “Notice”). The Notice to Vü LLC should be addressed to: Vü LLC, Inc., 1576 Sweet Home Road, Amherst, NY 14228-2710 (the “Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (the “Demand”). If you and Vü LLC do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Vü LLC may commence an arbitration proceeding.
Any in-person arbitration hearings will take place at a location to be agreed upon in Erie County, New York. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
d) No Class Actions. Unless both you and Vü LLC agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
YOU AND VÜ LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
e) Opt-Out. If you are a new Vü LLC user, you can choose to reject the arbitration agreement contained in this Section 13 (“opt-out”) by mailing us a written opt-out notice (the “Opt-Out Notice”). The Opt-Out Notice must be postmarked no later than thirty (30) days after the date you accept these Terms for the first time. You must mail the Opt-Out Notice to the Notice Address listed in Section 13(C), above.
The Opt-Out Notice must contain your name, address (including street address, city, state and zip code), and the user name(s) and email address(es) associated with the Vü LLC account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts of these Terms will continue to apply to you. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with Vü LLC.
f) Modifications. If Vü LLC makes any future change to this Agreement to Arbitrate (other than a change to the Notice Address), you may reject any such change by sending us written notice within 30 days of the change to the Notice Address provided above. You acknowledge and agree that, in the event you reject any future change, your account with Vü LLC shall be immediately terminated and you will arbitrate any dispute between us in accordance with the language of this provision.
g) Severability and Enforceability. If an arbitrator or court decides that any part of this Section 13 is invalid or unenforceable, the other parts of this Section 13 shall still apply. If the entirety of this Section 13 is found to be unenforceable, then the parties agree that the exclusive jurisdiction and venue described in Section 12 shall govern any action arising out of or related to these Terms, and that the remainder of these Terms will continue to apply.
14. Modification of the Services. Vü LLC reserves the right to modify or discontinue, temporarily or permanently, some or all of the Services at any time without any notice or further obligation to you. You agree that Vü LLC will not be liable to you or to any third party for any modification, suspension, or discontinuance of any of the Services.
b) No Waiver. The failure to require performance of any provision shall not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
c) Paragraph Headers. Use of paragraph headers in these Terms is for convenience only and shall not have any impact on the interpretation of particular provisions.
d) Severability. In the event that any part of these Terms is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect.
16. Notice to California Residents. Under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the service or to receive further information regarding use of the service.
Vu LLC 1576 Sweet Home Road
Amherst, NY 14228-2710
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