VIVACITY, the Vivacity logo and other marks displayed on the Site are the proprietary service marks or trademarks of Vivacity and/or relevant third parties. Vivacity’s marks may not be used in connection with any product or service that is not Vivacity’s, in any manner that is likely to cause confusion among consumers, or to disparage or discredit Vivacity. All other trademarks and service marks not owned by Vivacity that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Vivacity. You may not use, copy, modify or display any of the trademarks, service marks, names or logos appearing on the Site without the express written permission of the respective owner thereof.
All content on this Site, including, but not limited to, works of authorship, software, design, text, graphics, photos, logos, button icons, images and data compilations; any improvements or modifications to such content; any derivative works based thereon; and the collection, arrangement and assembly of all content on this Site, are the property of Vivacity or its licensors and are protected by United States and international copyright and other intellectual property laws.
The Site may include information regarding Vivacity and its services, and/or other materials proprietary to Vivacity, as well as links to third party websites. You may download, view, copy and print such information and materials and any other aspect of this Site (i) solely for your personal, non-commercial purposes; and (ii) provided that no proprietary notices or disclaimers therein are modified, obscured or altered.
You agree you will not interfere, in any way, with others’ use of, or access to the Site, and will not attempt to gain unauthorized access to the computer system of any other Site user. You further agree not to take any other action in connection with your use of the Site which violates any local, state, national or international law, rule, regulation or order of any court in conjunction with your use of the Site.
You agree to access the Site through a web browser, and specifically agree not to use any third party applications to access the Site or any page of the Site. You further agree that you will not use any robot, spider or other automatic device, manual process or application or data mining or extraction tool to access, monitor, copy or use the Site. You also agree not to take any other action that imposes an unreasonable or disproportionately large load on the Site.
Except as expressly provided herein, you may not use, download, upload, reproduce, copy, duplicate, print, display, perform, republish, sell, license, post, transmit, disseminate, redeliver using parsing or “framing technology,” otherwise distribute, or commercially exploit in any way, the Site or any portion thereof or any information or content on the Site, without the prior written permission of Vivacity. In addition, you agree not to link to any page of the Site other than the home page located at www.VivacityLending.com.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE, OR ANY INFORMATION, CONTENT, SERVICES AND MATERIALS CONTAINED IN, ACCESSED VIA, OR DESCRIBED ON THE SITE, IS AT YOUR OWN RISK, AND THAT ALL SUCH INFORMATION, CONTENT, SERVICES AND MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, VIVACITY MAKES NO, AND HEREBY DISCLAIMS ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, OPERATION AND USE OF THE SITE OR ANY INFORMATION, CONTENT, MATERIALS OR SERVICES ON OR ACCESSED VIA THE SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. FURTHER, VIVACITY MAKES NO REPRESENTATIONS AND WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS.
IN NO EVENT SHALL VIVACITY OR ANY OF ITS AFFILIATES, OR THE MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES OF VIVACITY OR ANY OF ITS AFFILIATES (THE “VIVACITY PARTIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, INABILITY TO USE OR IMPROPER USE OF THE SITE, INCLUDING ANY DAMAGES ARISING OUT OF ANY DENIAL BY VIVACITY OF ANY LOAN APPLICATION SUBMITTED BY YOU OR ANY REFUSAL BY VIVACITY TO FUND YOUR ACCOUNT (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, TRADING LOSSES, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE.
CERTAIN STATE LAWS DO NOT PERMIT LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, AND THUS SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS ABOVE MAY NOT APPLY TO YOU.
Modifications to Information: We strive to maintain the accuracy of any personally identifiable information that may be collected from you, and will use commercially reasonable efforts to respond promptly to update our database when you tell us the information in our database is not accurate. It is your responsibility to ensure that such information is accurate, complete and up-to-date. You may obtain from us, by email, the information in our records. If you wish to make any changes to any personally identifiable information you have provided to us, you may do so at any time by calling us at 1-864-712-0134.
Vivacity respects the intellectual property rights of others. If you believe that any content on this Site may infringe your copyrights or other intellectual property rights, please provide Vivacity the written information specified below. Please note that this procedure is exclusively for notifying Vivacity that your intellectual property rights have been infringed.
• An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property interest;
• A description of the intellectual property right that you claim has been infringed;
• A description of where the material that you claim is infringing is located on the Site;
• Your address, telephone number, and e-mail address;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the intellectual property 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 intellectual property owner or authorized to act on the intellectual property owner’s behalf.
Vivacity’s agent for notice of claims of copyright infringement or other intellectual property infringement on the Site can be reached as follows:
Attn: General Counsel
5322 Wade Hampton Blvd.
Taylors, SC 29687