Terms of Use

These “Terms of Use”, and incorporated herein by reference the Privacy Policy, set forth the terms and conditions that apply to your use of this website https://www.terravivos.com, Fractional Villas, Inc. d/b/a The Vivos Group, (hereinafter “The Vivos Group", "www.terravivos.com”, or the “Website”). By using the Website (other than to read this page for the first time), you agree to comply with all of the Terms of Use set forth herein. The right to use the Website is personal to you and is not transferable to any other person or entity. If you disagree with any part of these terms and conditions, you should leave immediately and not use our Website.

The term “www.terravivos.com” or “us” or “we” or “Website” refers to the owner of the Website. The term “You” refers to the user or viewer of our website. The term “may,” will be interpreted as actions that rest solely in the discretion of the Website.

Copyrights and Trademarks.

(1) All materials contained on the Website are owned by the Website, www.terravivos.com. All rights reserved.

(2) No person is authorized to use, copy, distribute, or redistribute any portion the Website including related graphics.

(3) The Website and other trademarks and/or service marks (including logos and designs) found on the Website are trademarks/service marks that identify www.terravivos.com and the goods and/or services provided by the Website. Such marks may not be used under any circumstances without the prior written authorization of the Website.

(4) You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content of this site, in whole or in part.

(5) This website is protected from content theft by both passive and active components. Any copyright infringements of the Website content and other copyrighted material will result in prosecution according to the international copyright law, the Digital Millennium Copyright Act (DCMA), and any other applicable law or regulation.

(6) Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:

• you may print or download to a local hard disk extracts for your personal and non-commercial use only

• you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material, and the use is non-commercial.

(7) You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

DMCA Compliance Policy

It is the policy of The Vivos Group to promptly process and investigate notices of alleged copyright infringement, and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512 (“DMCA”).

Contents of Notice

The DMCA requires that all notices of alleged copyright infringement must be in writing. When informing the designated agent of an alleged copyright infringement, the complainant must:

(1) Identify the copyrighted work that allegedly has been infringed. If multiple copyrighted works at a single online site are involved, please provide a list of the works on that site.

(2) Describe the material that is claimed to be infringing and provide sufficient information to permit the Company to locate that material.

(3) Provide your contact information, including an address, telephone number, and, if available, an e-mail address.

(4) Certify or include a statement that the complainant has a good faith belief that the use of the copyright-protected material in the manner complained of is not authorized by the copyright owner, the owner’s agent, or law.

(5) Certify that the information that you have provided The Vivos Group is accurate. The complainant should attest under penalty of perjury that s/he is authorized to enforce the copyrights that have allegedly have been infringed.

(6) Include a physical or electronic signature of the copyright owner or person authorized to act on behalf of the owner.

Before the complainants allege an infringement, they should consult copyright materials to confirm that the use is, in fact, infringing. The United States Copyright Office provides basic information, online, at: https://www.copyright.gov/circs/circ01.pdf, which can assist one in determining whether an exception or defense, such as fair use, may apply to the use of the copyrighted work.

Notification Agent

Pursuant to the DMCA, The Vivos Group has designated an agent to receive notification of alleged copyright infringement occurring on Web pages or computer servers. If you believe that your copyrighted work is being infringed on the Website, please notify our designated agent, preferably by email, at:

info@terravivos.com
Fractional Villas, Inc.
d/b/a The Vivos Group
Del Mar, CA 92014

Communications with the Website

If you submit any communication or contribution to the Website (including any text, photographs, graphics, video or audio) you agree, by submitting your contribution, to grant the Website a perpetual, royalty-free, non-exclusive, sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, make available to the public, and exercise all copyright and publicity rights with respect to your communication or contribution worldwide and/or to incorporate your contribution in other works in any media now known or later developed for the full term of any rights that may exist in your contribution. You also agree and represent that you own any and all rights necessary to grant such licenses as herein described.

Links to Third-Party Websites

The Website may provide hyperlinks to third-party websites as a convenience to users of the Website. The Website does not control third-party websites and is not responsible for the contents of any linked-to, third-party websites or any hyperlink in a linked-to website. The Website does not endorse, recommend or approve any third-party website hyperlinked from the Website. The Website shall not be liable to you or any entity for the content or use of the content available through such a hyperlink.

Subpoenas

The Website may be required to disclose information to individuals asserting rights under the Digital Millennium Copyright Act. You hereby authorize the Website to release information about you if required by law or subpoena without notice to you.

The Company reserves the right to disclose your personally identifiable information as required by law and/or when the Company believes that disclosure is necessary to protect the rights of the Company, and/or to comply with any judicial proceeding, court order, subpoena, or legal process served upon the Company.

Indemnification

You will indemnify the Website and its agents, affiliates, and employees from any liability, loss, or expense (including but not limited to reasonable attorneys’ fees and costs) resulting from any third-party claim or proceeding in which it is alleged that any content posted by you or the use thereof infringes or violates the intellectual property rights, privacy rights, publicity rights, or moral rights of another or is unlawful.

DISCLAIMER OF WARRANTIES

YOUR USE OF THIS SITE PROVIDED BY THE WEBSITE IS WITHOUT WARRANTY, AND IN AN AS-IS CONDITION AND ON AN AS AVAILABLE BASIS.

The Website does not guarantee the accuracy or reliability of the information presented on this website.

THE WEBSITE DOES NOT REPRESENT OR WARRANT THAT THE SITE OR USE (I) WILL BE UNINTERRUPTED, (II) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS, (III) WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS, OR (IV) WILL OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE YOU USE. THE WEBSITE MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TERMS OF USE, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NONINFRINGEMENT AND/OR THE ACCURACY OR VIABILITY OF ANY CLAIMS OF FUTURE EVENTS OR CATASTROPHES THAT MAY BE MENTIONED OR REFERRED TO WITHIN THE WEBSITE, INCLUDING ANY GRAPHIC OR VIDEO DEPICTIONS HEREIN, STATEMENTS OF OPINION OR OTHERWISE. TEXT AND COPY WITHIN THIS WEBSITE IS PROVIDED FOR CONSIDERATION PURPOSES ONLY AND SHOULD NOT BE RELIED ON AS A FACT OR PREDICTION OF FUTURE EVENTS OR CONDITIONS, BUT RATHER AS THE OPINION(S) OF THE VIVOS GROUP AND/OR ITS EMPLOYEES, AGENTS, DIRECTORS, OFFICERS, ASSOCIATES, PARTNERS, OR THE MEDIA IN GENERAL.

EXCLUSION OF DAMAGES

NEITHER WE NOR THE WEBSITE WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE SITE, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Forum and Choice of Law

You agree that by visiting and using this site, to be governed by the Laws of the State of California. Any and all actions or claims between you and the Website shall be brought in a court of competent jurisdiction in San Diego County, California, at the court closest to the headquarters of the Company, regardless of where you reside.

Force Majeure

The Website will not be liable for failing to perform under these terms of use by the occurrence of any event beyond its reasonable control, including, without limitation, a labor disturbance, an Internet outage or interruption of service, a communications outage, failure by a service provider to the Website to perform, fire, terrorism, natural disaster or war, acts of God, acts of any government agency, or any failure to update, correct, modify, change or remove material, images, information, words, copy, text, opinions, pricing schedules or rates, provided within the Website.

Miscellaneous

These Terms of Use, including policies and information linked from or incorporated herein, constitute the entire agreement between you and The Vivos Group with respect to The Vivos Group Website and supersede all prior or contemporaneous communications, agreements, and proposals with respect to The Vivos Group Website. No provision of these Terms shall be waived except pursuant to a writing executed by the party against whom the waiver is sought. No failure to exercise, partial exercise of, or delay in exercising any right or remedy under these Terms shall operate as a waiver or estoppel of any right, remedy, or condition. If any provision of these Terms is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected or impaired. You may not assign, transfer, or sublicense any of your rights or obligations under these Terms without our express prior written consent. We will not be responsible for failure to fulfill any obligation due to causes beyond our control.

Identity

By your use of the Website, you agree that membership in Vivos shall only be for lawful purposes, that your identity is genuine and that any form of fraud including but not limited to misrepresentation of your personal profile or other information provided on your application or the information you provide to THE VIVOS GROUP, will not be falsified, or considered any form of a scam or fraud wherein you are phishing for information and/or similar unlawful activities, that may be used against THE VIVOS GROUP and/or any of its members, employees, associates, officers, directors, partners, agents, properties, shelters, bunkers, real property, or intellectual property of any kind or form.

Contact Us

If you have any concerns about The Vivos Group or your use of The Vivos Group Website, please contact us at info@terravivos.com with a detailed description, and we will try to resolve it.