Hi! Welcome to Veva! We’re glad that you are here. Below are the terms for accessing and using our online services (the “Services”), available through our website veva.co (the “Website”).
The Services are intended for use by persons who are 13 years of age or older who are United States residents. Any use of the Services by persons who are under the age of 13 or who are not United States residents is strictly forbidden.
SECTION 19 BELOW TITLED “BINDING ARBITRATION” CONTAINS A BINDING ARBITRATION AGREEMENT AND A CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.
1. NO MEDICAL ADVICE
You acknowledge and agree that Veva does not provide any form of medical care, medical opinion, medical advice, diagnosis, or treatment, and that Veva does not evaluate the need to seek medical attention, through the Website and the Services. The Website, the Services and the Content (as defined below in Section 8), such as text, graphics, images, data, graphs, audio, videos, and other material and information, do not provide any medical advice, are for informational purposes only, and are not intended as a substitute for professional medical advice, diagnosis, or treatment. You should not use the information on the Website for diagnosing or treating a health problem or disease, or prescribing any medication or other treatment. The Website the Services, and the Content are not a substitute for the advice of your professional physician or other qualified health care provider and you should always seek the advice of your physician or other qualified health provider before taking any medication or nutritional or herbal supplement and with any questions you may have regarding a medical symptom or a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Website, the Services and/or the Content. If you think you may have a medical emergency, call your doctor or 911 immediately or go to the nearest hospital. Reliance on the Website, the Services and the Content is solely at your own risk. Information provided on the Website and the use of any products or services purchased from our Website by you does not create a doctor-patient relationship between you and any of the health professionals affiliated with our Website. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease.
2. DESCRIPTION AND USE OF SERVICES
We provide Visitors and Customers with access to the Website and the Services as described below.
Visitors. Visitors, as the term implies, are people who do not register with us, but want to explore the Website. No login is required for Visitors. Visitors can: (i) view all publicly-available content on the Website; (ii) e-mail us, and (iii) chat with us via our website.
Customers. Login is required for all Customers. Customers can do all things that Visitors can do, and can also access their personal account information, post Customer Content (as defined below in Section 9) and use the Services.
Veva is under no obligation to accept any individual as a Customer, and may accept or reject any registration in its sole and complete discretion.
3. USE OF PERSONAL INFORMATION
4. PRODUCT DESCRIPTIONS, SHIPPING, REFUNDS
(a) Product Descriptions. Our Website contains descriptions of dietary supplements and vitamins. We attempt to be as accurate as possible with the descriptions of the supplements and/or vitamins that are made available to you through the Services (collectively, the “Products”). However, we make no warranties that the Product descriptions and any other content are accurate, complete, reliable, current, or error-free. If a Product offered by us is not as described, your sole remedy is to return it in unused condition. We reserve the right, at any time, to modify, suspend, or discontinue the sale of any Product with or without notice and we will not incur any obligation or liability as a result of such change.
(b) Shipping. Our packages are shipped via FedEx, UPS, and USPS and packages are delivered between 2-10 business days. Shipping options are more fully described at the time that you place an order for Products.
(c) Refunds. Unopened Veva packs may be returned within 30 days of receiving them for a full refund.
5. ACCOUNT; SIGNIN NAME; PASSWORD
In order to use certain features of the Services, including becoming a new Customer, you must register for an account (“Account”) and provide us with certain information, including your name and email address. Your email address will serve as a sign-in name (“Sign-In Name”), and you will be asked to provide a password (“Password”). When creating your Account, you must provide true, accurate, current, and complete information. Each Sign-In Name and corresponding Password can be used by only one Customer. You are responsible for maintaining the confidentiality of your Sign-In Name and Password. Please do not share your Account login information with, or provide access to your Account to, any third parties, for you are fully responsible for all activities which occur under your account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use, of you Account or any other breach of security or other need to deactivate a Password or Sign-In Name. We reserve the right to terminate your Account, suspend your access to the Services, or delete or change your Password, or Sign-In Name at any time and for any reason or no reason. You will be solely liable to us and others for any losses caused by the unauthorized use of your Account.
6. SUBSCRIPTIONS, PAYMENTS, AUTOMATIC RENEWALS; AND SUSPENSIONS
You agree to pay all fees due for any and all Services purchased hereunder. One of Veva’s purchase options is a subscription service (“Subscription”). You agree to pay all applicable Subscription fees made known to you when you order your Veva subscription (“Subscription Fees”). You will see a prompt for your payment details, such as your credit card information and any promotional codes you may have. We may use a third party payment vendor (“Third-Party Payment Vendor”) to process your payment of fees and/or Subscription Fees. You warrant and represent that you are the valid owner or an authorized user of the credit card or other payment card that you provide to to such Third Party Payment Vendor, and that all information you provide is accurate. Veva shall have no liability to you or anyone else for the improper or unauthorized use of a credit card or payment card provided in connection with the purchase of any Veva Products, including a Subscription. By entering your payment information and submitting your request, you authorize us, our affiliates, or our Third Party Payment Vendor to charge the amount due.
It is important to note that when you sign up for a Subscription, it will automatically renew until you cancel it. You may cancel at any time by notifying us in writing no later than five (5) business days before your next package is due to be shipped, and the cancellation will take effect for any and all packages due to be shipped at least five (5) business days in the future. If you do not cancel your Subscription at least five (5) business days prior to your next package is due to be shipped, your next Veva box will ship and applicable Subscription Fees will be charged to your credit card or other payment care on file.
Your right to receive one or more Veva products via our Subscription service is conditional upon our receipt of payment of your Subscription Fees. Subscription Fees are charged immediately prior to preparing and shipping your Veva box. If payment cannot be charged to your credit card or payment card, then the shipment of your Veva box will be delayed until you provide us updated payment details to complete the payment. If you fail to update your payment details within a reasonable time period, we reserve the right to terminate your Subscription. We reserve the right to change any of the fees that we charge, or to institute new or additional fees, at any time upon notice to you.
You may suspend or postpone the delivery of your Veva Subscription or order by following the instructions on the Website. However, you will not be able to suspend or postpone if your order has already been packed or shipped. Requests for suspension or postponement of Subscription orders should be made at least five (5) business days prior to the expected shipment date.
7. ACCESS RIGHTS AND PROHIBITED USE
8. INTELLECTUAL PROPERTY
The Website and the Services contain materials, such as software, text, graphics, images, sound recordings, audiovisual works, and other material provided by or on behalf of Veva (collectively referred to as the “Content”). The Content may be owned by us or by third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited.
The trademarks, service marks, and logos of Veva (“Veva Marks”) used and displayed on the Website and the Services are registered and unregistered trademarks or service marks of Veva. Other company, product, and service names located on the Website and the Services may be trademarks or service marks owned by others (the “Third-Party Marks”, and, collectively with the Veva Marks, the “Marks”). Nothing on the Website and the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Marks without our or the third party owner’s prior written permission specific for each such use. Use of the Marks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of the Veva Marks inures to our benefit.
Elements of the Website and the Services are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.
9. CUSTOMER CONTENT
Customers may post and/or create content through the Website and the Services, including but not limited to, reviews and comments about Veva products and service (collectively, “Customer Content”). You are solely responsible for any Customer Content that you create or post, and by submitting Customer Content to us, you certify and warrant that you have obtained all required permissions relating to accessing, entering, sharing, and using your Customer Content. We do not review Customer Content but instead are merely acting as a passive conduit for distribution of the Customer Content to other users of the Website and the Services. We make no guarantees regarding the accuracy, currency, suitability, or quality of any Customer Content.
We reserve the right to delete any Customer Content at any time and for any reason, including because it violates the terms of this Agreement or is offensive or otherwise unacceptable to us in our sole discretion.
You expressly acknowledge and agree that once you submit your Customer Content for inclusion into the Website and the Services, it will be accessible by others, and that there is no confidentiality or privacy with respect to such Customer Content, including, without limitation, any personally identifying information that you may make available. You, and not Veva, are entirely responsible for any content you post.
You retain all copyrights and other intellectual property rights in and to the Customer Content. By sending or posting your Customer Content, you grant us an irrevocable, non-exclusive, royalty-free, fully-paid, sublicensable, transferable, perpetual license to modify, compile, combine with other content, copy, record, synchronize, reproduce, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit your Customer Content as reasonably necessary to provide the Website and the Services. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your Customer Content.
If you submit Customer Content to us, each such submission constitutes a representation and warranty to Veva that such Customer Content is your original creation (or that you otherwise have the right to provide the Customer Content), that you have the rights necessary to grant the license to the Customer Content under the prior paragraph, and that it and its use by Veva and its content partners as permitted by this Agreement does not and will not infringe or misappropriate the intellectual property or moral rights of any person or contain any libelous, defamatory, or obscene material or content that violates the terms of this Agreement or any applicable law.
10. SOCIAL MEDIA CONTENT
From time to time, Veva’s social media accounts (including Instagram, Twitter, Facebook, and Pinterest) repost a consumer’s photos, experiences, or stories from such consumer’s personal social media account. Veva will never repost your personal social media content (“User Generated Content” or “UGC”) without first obtaining your express written permission.
Further, by agreeing to allow Veva to use your UGC, you agree to grant Veva an irrevocable, perpetual, non-exclusive, fully paid-up, royalty-free, sub-licensable license and right to reproduce, transmit, display, perform, comment on, edit, modify, alter, exploit, create derivative works based upon, combine with other works (and all copyrights therein and thereto and all renewals and extensions thereof), and otherwise distribute the UGC and all elements of the UGC, including without limitation, the photo and the likeness of any persons embodied therein, in any and all media now known or hereafter devised, worldwide, in perpetuity without compensation, permission, notification, attribution, or restriction from you or any third party.
You hereby release, discharge and agree to hold Veva and any person acting on Veva’s behalf harmless from all claims, demands, and liabilities whatsoever in connection with use of the UGC.
11. COMMUNICATIONS TO US
With respect to all emails you send to us, including but not limited to, feedback, questions, comments, suggestions, and the like (collectively, “Feedback”), you hereby assign to us all rights in such Feedback and agree that we shall have the right to use and fully exploit any ideas, concepts, know-how, or techniques contained in your Feedback for any purpose whatsoever, including but not limited to, the development, production and marketing of products and services that incorporate such information. We will treat any Feedback you provide to us as non-confidential and non-proprietary. You agree that you will not submit to us any information or ideas that you consider to be confidential or proprietary.
12. NO WARRANTIES/LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE, THE PRODUCTS, THE CONTENT, THE CUSTOMER CONTENT, AND THE SERVICES (COLLECTIVELY, THE “VEVA OUTPUT”) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT ANY WARRANTIES OF ANY KIND, AND WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE VEVA OUTPUT AND ANY FUNCTIONS OF THE VEVA OUTPUT, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, THE IMPIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OR ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WE DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICES, THAT THE FUNCTIONS CONTAINED IN THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICES OR FUNCTIONS OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICES WILL BE ACCURATE OR RELIABLE, OR THAT DEFECTS IN THE SERVICES OR FUNCTIONS OF THE SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY COMPANY, ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
We do not represent or guarantee the truthfulness, accuracy, or reliability of any content, CUSTOMER CONTENT, or User GENERATED Content posted by you or any other third party. You accept that any reliance on such materials will be at your own risk. You are solely responsible for the CUSTOMER Content you submit. We do not endorse or accept responsibility for any customer Content submitted by you or other third parties on the Services. You assume all risks associated with your customer Content, including anyone’s reliance on their quality, accuracy, or reliability. You are solely responsible for any and all fees or costs you may incur to access the veva output through any wireless or other communication service.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE VEVA OUTPUT AND YOUR RELIANCE ON THE OPERATION, OUTPUT, OR RESULTS OF THE VEVA OUTPUT IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. We make no promises and disclaim all liability of specific results from the use of the VEVA OUTPUT. THE WEBSITE AND THE SERVICES MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON THE WEBSITE AND THE SERVICES. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE WEBSITE AND THE SERVICES AT ANY TIME WITHOUT NOTICE.
WE RESERVE THE RIGHT TO CANCEL OR MODIFY AN ORDER WHERE IT APPEARS THAT A CUSTOMER HAS ENGAGED IN FRAUDULENT OR INAPPROPRIATE ACTIVITY OR UNDER OTHER CIRCUMSTANCES WHERE IT APPEARS THAT THE ORDER CONTAINS OR RESULTED FROM A MISTAKE OR ERROR.
YOU SHOULD ALWAYS CONSULT YOUR PHYSICIAN OR MEDICAL ADVISORS BEFORE STARTING ANY DIET, EXERCISE, OR SUPPLEMENTATION PROGRAM. IN ADDITION, YOU SHOULD CAREFULLY READ ALL INFORMATION PROVIDED BY THE MANUFACTURERS OF THE PRODUCTS OR IN THE PRODUCT PACKAGING AND LABELS BEFORE USING ANY PRODUCT PURCHASED FROM OUR WEBSITES. INFORMATION PROVIDED ON THE WEBSITE AND THE USE OF ANY SERVICES PURCHASED FROM OUR WEBSITE BY YOU DOES NOT CONSTITUTE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND ANY OF THE HEALTH PROFESSIONALS AFFILIATED WITH OUR WEBSITES. INFORMATION AND STATEMENTS REGARDING DIETARY SUPPLEMENTS HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION AND ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
13. EXTERNAL SITES
The Website and the Services may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We do not control and are not responsible for the content of any linked External Sites. We provide access to External Sites only as a convenience to you, and we do not review, approve, monitor, endorse, warrant, or make any representations regarding the content or accuracy of materials on such External Sites. You use all External Sites at your own risk and should apply a suitable level of caution and discretion in doing so, including when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk, and we disclaim all liability thereunder. When you click on any of the links to External Sites, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with any External Site.
15. INDEMNIFICATION AND RELEASE
You hereby release and forever discharge the Released Parties from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Services or any External Links. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
16. COMPLIANCE WITH APPLICABLE LAWS
The Website and the Services are based in the United States. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Website, the Services, or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
17. TERMINATION OF THE AGREEMENT
We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Services, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Services at any time without prior notice or liability.
18. DIGITAL MILLENNIUM COPYRIGHT ACT
Veva attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove any Content or user submissions deemed to have been posted or distributed in violation of any such laws. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law.
If you believe in good faith that your work has been copied on the Website and/or the Services in a way that constitutes copyright infringement and wish to have the allegedly infringing material removed, you may send a written “Notice of Claimed Infringement” containing the following information (pursuant to 17 U.S.C. § 512(c)) to our designated Copyright Agent:
- the physical or electronic signature of a person authorized to act on behalf of the owner of the copyright;
- identification of the copyrighted work(s) that you claim to have been infringed;
- identification of the material on our services that you claim is infringing and that you request us to remove;
- sufficient information to permit us to locate such material;
- your address, telephone number, and e-mail address;
- a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Vyvlo a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
Our designated Copyright Agent under the Digital Millennium Copyright Act for the receipt of any Notification of Claimed Infringement which may be given under that Act is as follows:
1314 NW Irving St #414
Portland, OR 97209
19. BINDING ARBITRATION
Dispute Resolution. Please read this Arbitration Agreement carefully. It is part of your contract with Company and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
(b) Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to the Company should be sent to: Veva LLC 1314 NW Irving St #414 Portland, OR 97209. After the Notice is received, you and the Company may attempt to resolve the claim or dispute informally. If you and the Company do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
(d) Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online, and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
(e) Time Limits. If you or the Company pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.
(g) Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and the Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
(h) Waiver of Class or Consolidated Actions. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS CUSTOMER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.
(i) Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
(j) Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
(k) Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
(m) Small Claims Court. Notwithstanding the foregoing, either you or the Company may bring an individual action in small claims court.
(n) Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement. Nothing in this Agreement will prevent Veva from seeking injunctive relief in any court of competent jurisdiction as necessary to protect Veva’s proprietary interests.
(o) Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.
(p) Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Multnomah County, Oregon, for such purpose.
(q) Cooperation. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration.
This Agreement is governed by the internal substantive laws of the State of Oregon, without respect to its conflict of laws provisions. If this Agreement is terminated in accordance with the Termination provision above, such termination shall not affect the validity of the following provisions of this Agreement, which shall remain in full force and effect: Sections 1, 3, 7-13, and 15-20.