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Terms & Conditions

Terms & Conditions

The terms & conditions outlined below apply to Vivo Brand Management Inc (shop.vivobrandmanagement.com) and it's affiliated companies Durazest (shop.durazest.com), Try Forta (fortafy.com) and Forta (store.fortafy.com).

We provide this Site as a service to our clients. Please review the terms and conditions below that regulate your use of our Site (the “Agreement”). Note that your use of our Site signifies your unconditional agreement to follow and be bound by these terms and conditions. Although you may “bookmark” a particular portion of this Site and thereby bypass this Agreement, your use of this Site still binds you to the terms of the Agreement. Vivo Brand Management Inc. and it’s affiliates reserve the right to update or modify the Agreement at any time without notice. Using our Site following any such changes signifies your unconditional agreement to follow and be bound by the Agreement as changed. We encourage you to review our terms and conditions of the Agreement each time you access this Site.

COPYRIGHTS and TRADEMARKS

All materials, which includes but is not limited to images, text, photographs, illustrations, designs, icons, programs, video clips and other materials that are a part of this Site (the “Contents”) are subject to intellectual property rights, including without in any way limiting the generality of the foregoing, copyrights and trademarks, held by or licensed to Vivo Brand Management Inc., or one of their respective affiliates, and are protected by U.S.A., Canadian, and international copyright laws unless otherwise stated. The compilation (meaning the collection, organization, and assembly of all contents on this Site) is the exclusive property of Vivo and is also protected by U.S.A., Canadian, and international copyright laws.

© 2015 Vivo All Rights Reserved.

Access to this Site does not confer and shall not be considered as conferring upon any license under any of Vivo Brand Management Inc., or any third party’s intellectual property rights.

Vivo Brand Management Inc.’s logos, names and all related product and service names, design marks and slogans are the trademarks or service marks of Vivo Brand Management Inc. and are used in Canada under exclusive license by Vivo Brand Management Inc. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Using this Site does not authorize anyone to use any name, logo or mark in any manner.

USE OF THIS SITE

This Site and all its Contents are intended solely for personal, non-commercial use. You may not recreate or reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software except as noted above. All software used on this Site is the property of Vivo Brand Management Inc. or its suppliers and is thus protected by U.S.A., Canada and international copyright laws. You may use the contents and software of this Site only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this Site is strictly prohibited.

SITE SECURITY

Users are prohibited from breaching or attempting to breach the security of this Site, including, but not limited to:
(1) accessing data/content not intended for said user or logging onto a server or an account for which the user does not have Vivo Brand Management Inc.’s permission to access;
(2) attempting to examine, scan or test the vulnerability of a system, servers or network or to breach security or authentication measures without Vivo Brand Management Inc.’s or its authorized affiliates permission;
(3) attempting to interfere with service to any user, host or network, including, but not limited to, submitting a virus to the Site, overloading, “flooding,” “spamming,” “mailbombing” or “crashing”;
(4) sending unsolicited email, including promotions and/or advertising of products or services; or
(5) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting.

Violations of the statements listed above may result in civil or criminal liability. Vivo Brand Management Inc. will investigate occurrences that may involve such violations and reserves the right to involve and cooperate with authorized law enforcement agencies and officers in prosecuting users who are involved in such violations.

The user agrees not to use any device, software or routine to interrupt/delay or attempt to interrupt/delay the proper working of this Site or any activity occurring on this Site. Furthermore the user agrees not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including but not limited to browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from Vivo Brand Management Inc. on this Site and other than publicly available third party web browsers (e.g., Google, Bing).

GENERAL

This Agreement represents the complete agreement between the parties in relation to the Site and overrides all previous agreements and representations between the two. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect. The failure of Vivo Brand Management Inc. to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit Vivo Brand Management Inc.’s rights with respect to such breach or any subsequent breaches. This Agreement shall be governed by and construed in accordance with the laws Canada and the USA.  Any action or proceeding arising out of or related to this Agreement or your use of this Site must be brought in the courts of the Province of Ontario.

PRIVACY

Please refer to Vivo Brand Management Inc.’s Privacy Policy, located here.

TERMINATION

These terms are effective unless and until terminated by either you or Vivo Brand Management Inc. You may terminate this Agreement at any time, so long as that you immediately discontinue use of this Site. Accessing the Site in the future signifies the re-Agreement to these Terms and Conditions. Vivo Brand Management Inc. also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in Vivo Brand Management Inc. sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of the Agreement by either you or Vivo Brand Management Inc., you must immediately destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of use or otherwise.