Viiiben Terms and Conditions of Use
Shay La'Vee Solutions LLC - A Nevada Limited Liability Company
Effective Date: October 1st, 2025
Last Updated: August 10th, 2026
1. Introduction and Acceptance of Terms
These Terms and Conditions ("Terms") govern your access to and use of the Viiiben platform, website, mobile application, physical cards, and all related services (collectively, the "Services") provided by Shay La'Vee Solutions LLC, a Nevada limited liability company operating under the brand name Viiiben ("Viiiben," "we," "us," or "our").
By creating an account, purchasing products, scanning a Viiiben card, or otherwise accessing or using the Services, you ("user" or "you") agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, do not use the Services.
These Terms constitute a legally binding agreement between you and Shay La'Vee Solutions LLC. You represent that you are at least eighteen (18) years of age and have the legal capacity to enter into this agreement.
Modifications to Terms
Viiiben reserves the right to modify these Terms at any time. We will notify you of material changes by providing prominent notice within the Services at least fourteen (14) days before the changes take effect. We may also notify you via the contact information associated with your account. For non-material changes, we may update the Terms without advance notice.
Your continued use of the Services after the effective date of any modification constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Services and may close your account.
2. Account Registration and Eligibility
Eligibility
You must be at least eighteen (18) years of age to create an account or use the Services. By using the Services, you represent and warrant that you meet this requirement. Viiiben reserves the right to terminate any account and remove any content if we discover or have reason to believe a user is under eighteen years of age.
Individuals who are required to register as a sex offender on any state, federal, or local sex offender registry are prohibited from using the Services. Individuals convicted of a felony involving violence, stalking, sexual assault, domestic abuse, human trafficking, crimes against children, or a hate crime are also prohibited from creating an account or using the Services.
Account Creation
To access certain features of the Services, you must register for an account. When creating an account, you agree to:
Provide accurate, current, and complete information.
Maintain and promptly update your account information to keep it accurate and complete.
Maintain the security and confidentiality of your login credentials.
Accept responsibility for all activities that occur under your account.
Notify Viiiben immediately of any unauthorized use of your account.
You may not create more than one account or transfer, sell, or share your account with any other person. Each account is personal and non-transferable. If your account has been terminated for a violation of these Terms or Community Guidelines, you are prohibited from creating a new account without Viiiben's express written permission.
Account Suspension and Termination
Viiiben may suspend or terminate your account immediately and without prior notice where required for user safety, fraud prevention, legal compliance, or protection of the platform or other users. For suspensions or terminations based on policy violations not involving safety or legal concerns, Viiiben will make reasonable efforts to notify you at least seven (7) days in advance and provide you an opportunity to respond. Upon termination of your account, your license to use the Services will immediately terminate. If your account is terminated, you may request a copy of your data within thirty (30) days of termination.
Accounts may be deactivated, but not deleted, after extended periods of inactivity; Viiiben will notify you before any such deactivation occurs. Viiiben may retain certain information as required by law or for legitimate business purposes, as described in our Privacy Policy. Sections of these Terms that by their nature should survive termination shall survive, including Indemnification, Limitation of Liability, Dispute Resolution, and Intellectual Property.
Account Security
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. Viiiben will not be liable for any loss or damage arising from unauthorized access to your account resulting from your failure to safeguard your credentials.
3. Community Guidelines
At Viiiben, our mission is to make real-world connections easier, safer, and more intentional. By using Viiiben, you agree to follow these guidelines and treat other users with respect.
Be Authentic
Users must use their own identity, upload photographs that accurately represent themselves, provide truthful profile information, and represent themselves honestly in all interactions.
Users may not create fake profiles, impersonate another person, use photographs of another individual without permission, or misrepresent their identity, age, relationship status, or intentions.
Respect Other People's Decisions
Not every connection will be mutual. Users must respect "Not Vibing" responses, unanswered messages, blocks and communication boundaries, and other users' decisions regarding referrals and connections. Harassment, repeated contact attempts, pressure, intimidation, or retaliation are prohibited.
Keep Communication Respectful
Users may not use Viiiben to harass, threaten, stalk, or intimidate others; bully or shame another person; send abusive or hateful content; discriminate based on race, ethnicity, nationality, religion, disability, sex, gender identity, sexual orientation, age, or other protected characteristics; or encourage violence or self-harm.
No Sexual Harassment or Exploitation
Users may not send unwanted sexual content, solicit sexual services, pressure another user into sexual activity, share explicit photographs without consent, or engage in predatory, exploitative, or manipulative behavior. Consent and mutual interest are required in all interactions.
Use Cards Responsibly
Users may not use cards to harass others, distribute cards in a threatening or intimidating manner, share cards with intent to deceive, or duplicate, counterfeit, alter, or misuse Viiiben cards or QR codes. Users are responsible for determining to whom they choose to give cards.
Protect Privacy
Users may not share another user's personal information without consent, publish private messages, disclose phone numbers, addresses, workplaces, or other personal information without permission, or use information obtained through Viiiben for harassment, surveillance, or misconduct.
Illegal Activity
Users may not use Viiiben to violate any law or regulation, commit fraud, engage in scams or financial schemes, promote illegal products or services, or facilitate criminal activity.
Acceptable Use of the Platform
In addition to the above, users may not:
Access the Services through automated means, bots, scrapers, or scripts.
Create multiple accounts or use the Services under a false identity.
Attempt to gain unauthorized access to any part of the Services or other users' accounts.
Interfere with or disrupt the integrity or performance of the Services.
Bypass, disable, or circumvent any technical or security measures.
Use the Services to transmit malware, viruses, or other malicious code.
Collect or harvest data from the Services without prior written permission.
Enforcement
Viiiben reviews all reports submitted through the platform and will take action it deems appropriate in its sole discretion, which may include content removal, account restriction, account suspension or termination, or referral to law enforcement. Viiiben does not guarantee a specific outcome or timeframe for every report, and Viiiben's response to any report does not constitute a representation that no violation occurred or that all violations have been addressed. Viiiben may take action even if conduct originates or occurs outside the platform when it impacts the safety of users or the integrity of the community.
4. Messaging and Mutual Connections
Messaging functionality is only available after a mutual expression of interest has occurred through the Viiiben platform.
Mutual Interest Requirement
A connection is established only when: (1) a Viiiben card recipient selects the "Vibing" option associated with a valid Viiiben card; and (2) any required account creation requirements have been completed. Until these requirements have been satisfied, messaging functionality will not be available.
Viiiben does not guarantee that any user will respond to, acknowledge, or accept a connection request.
User Responsibility
Users are solely responsible for all messages, notes, communications, photographs, and other materials they submit. Users agree not to use Viiiben messaging to harass, intimidate, or threaten others; send unsolicited commercial messages or spam; impersonate another individual; transmit unlawful, fraudulent, defamatory, or misleading content; solicit illegal activities; or share content that violates the rights of another person.
Blocking, Reporting, and Unmatching
Users may block or report other users at any time through available platform features. Users may discontinue communication with another user at any time for any reason or no reason. Viiiben reserves the right, but is not obligated, to review reports, investigate potential violations, remove content, restrict access, or suspend or terminate accounts at its sole discretion.
No Guarantee of Outcome
Viiiben provides tools to facilitate introductions and communication but does not guarantee compatibility, chemistry, friendship, dating success, relationships, referrals, responses, meetings, or any other outcome between users. All decisions regarding communication, relationships, meetings, referrals, or continued interaction are solely the responsibility of the users involved.
5. Refer a Friend Feature
Viiiben provides users with the ability to refer a Viiiben card or connection opportunity to a friend through the "Refer a Friend" feature.
How It Works
A recipient who receives a Viiiben card may select the "Refer a Friend" option instead of "Vibing." Upon confirming, the recipient may receive a unique link to share via text, email, or other methods. By selecting "Refer a Friend," the recipient acknowledges they are voluntarily choosing not to pursue the original connection.
User Responsibility
Users are solely responsible for any referral they choose to make. Users should only share referral links with individuals they reasonably believe may be interested and are responsible for obtaining any permissions required to contact third parties. Users may not use the Refer a Friend feature to harass or spam individuals, send unsolicited commercial communications, misrepresent another person's identity, violate applicable laws, or engage in fraudulent or deceptive conduct.
No Guarantee of Connection
Viiiben does not guarantee that a referred individual will view the referral, create an account, respond, or establish any connection. All interactions resulting from a referral are solely the responsibility of the users involved.
Feature Availability
Viiiben reserves the right to modify, suspend, restrict, or discontinue the Refer a Friend feature at any time without notice and without liability.
6. Safety, Offline Interactions, and Background Checks
Viiiben does not supervise, monitor, control, or guarantee the conduct of any user. Users are solely responsible for their decisions regarding communication, referrals, meetings, relationships, and interactions with other users.
Exercise Caution
Before meeting another user in person, Viiiben strongly encourages users to:
Communicate through the platform before sharing personal contact details.
Verify information independently before meeting.
Meet in well-lit, public places.
Inform a trusted friend or family member of their plans, location, and expected return time.
Arrange their own transportation to and from any meeting.
Trust their instincts and leave any situation that feels unsafe.
No Background Checks
Viiiben does not conduct criminal background checks, identity verification checks, screening, investigations, or evaluations of its users. By using the Services, you acknowledge and agree that Viiiben does not verify and makes no representations or warranties regarding a user's identity, criminal history, personal background, relationship status, intentions, employment, education, character, reputation, conduct, profile information, photographs, or any other information provided by users.
While Viiiben may require certain information including age confirmation, email address verification, and profile photographs, these requirements are intended to facilitate introductions and promote authenticity within the platform. Such requirements do not constitute identity verification and should not be relied upon as proof of a user's identity, intentions, or trustworthiness.
Users are solely responsible for evaluating whether they wish to communicate with, meet, refer, or otherwise interact with another individual through or as a result of the Services. Nothing in these Terms shall be interpreted as creating a duty on the part of Viiiben to conduct background checks, identity verification, investigations, monitoring, or screening of users.
User Assumption of Risk
By using the Services, users acknowledge and agree that interactions with other users, whether online or offline, involve inherent risks. Users voluntarily assume all risks associated with communicating, connecting, meeting, referring, dating, socializing, or otherwise interacting with other users through or as a result of the Services.
Offline Interactions
Any interaction occurring outside the Viiiben platform, including dates, social gatherings, phone calls, text messages, video calls, meetings, friendships, romantic relationships, and business relationships, is solely between the individuals involved. Viiiben is not responsible for the conduct, actions, statements, safety, legality, or reliability of any user during or after such interactions.
Reporting Safety Concerns
Users are encouraged to report conduct that may violate these Terms, Community Guidelines, or applicable laws using the available reporting tools. Viiiben will review such reports and take action as described in Section 3 (Enforcement).
Release of Claims
To the fullest extent permitted by law, users release Viiiben, its owners, officers, employees, contractors, affiliates, partners, and representatives from any claims arising out of or relating to interactions, communications, meetings, referrals, relationships, disputes, injuries, or other events involving other users.
Each user expressly waives and relinquishes all rights and benefits under California Civil Code Section 1542, which provides: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or releasing party." This waiver applies to the release set forth in this section to the fullest extent permitted by applicable law. Nothing in this section limits rights that cannot be waived under applicable law.
7. Purchases, Orders, and Refunds
Purchases
Viiiben offers physical Viiiben cards ("Products"), as well as digital access to the Services. By placing an order, you agree to provide current, complete, and accurate billing, payment, and shipping information. Viiiben reserves the right to refuse, limit, cancel, or reject any order at its sole discretion, including orders suspected of fraud, abuse, unauthorized resale, or violations of these Terms.
Pricing
All prices are listed in U.S. Dollars unless otherwise indicated. Prices, shipping fees, taxes, and availability are subject to change. Applicable taxes and shipping charges will be disclosed at checkout before you complete your purchase.
Shipping and Delivery
Delivery dates are estimates only and are not guaranteed. Viiiben is not responsible for delays caused by shipping carriers, weather events, customs or government agencies, incorrect shipping information provided by the purchaser, supply chain disruptions, or other circumstances beyond Viiiben's reasonable control. Risk of loss and title for physical products pass to the purchaser upon delivery to the shipping carrier.
Lost, Stolen, or Misdelivered Packages
Viiiben is not responsible for packages that are lost, stolen, delayed, damaged, or delivered to an incorrect address due to information provided by the purchaser. Customers are responsible for providing accurate shipping information at the time of purchase. Requests related to lost shipments may be reviewed on a case-by-case basis.
Defective Products
If a product arrives damaged, defective, or materially different from what was ordered, please notify Viiiben within fourteen (14) days of delivery with photographs and order information. Viiiben will, at its option, replace the defective product, provide a refund to the original payment method, or offer another reasonable remedy. Nothing in this section limits your rights under applicable consumer protection law, including the California Consumer Legal Remedies Act.
Refund Policy
Due to the nature of Viiiben products and services, all sales are generally final. This policy is disclosed at the point of sale. Refunds will not be provided for:
Used, activated, scanned, or expired cards.
Unused cards remaining after a purchase.
User dissatisfaction with connection outcomes or lack of responses from other users.
Unsuccessful introductions, referrals, friendships, or relationships.
User error or changes in personal circumstances.
Refunds may be considered only for defective products confirmed by Viiiben, incorrect products shipped by Viiiben, or circumstances required by applicable law, including applicable California consumer protection law. Any approved refund will be issued to the original payment method whenever reasonably possible.
For digital purchases made through the Apple App Store or Google Play Store, your purchase is also subject to the applicable platform's purchase and refund policies, which control in the event of any conflict with the above.
No Guarantee of Results
The purchase of Viiiben products does not guarantee responses, referrals, introductions, friendships, dates, relationships, or any particular outcome. Viiiben products are tools intended to facilitate introductions and communication opportunities only.
Chargebacks and Payment Disputes
Users agree to contact Viiiben regarding order issues before initiating a chargeback or payment dispute whenever reasonably possible. Viiiben reserves the right to suspend accounts, restrict purchases, or take other appropriate action in response to fraudulent or abusive chargeback activity.
8. Intellectual Property
Ownership of the Services
The Viiiben platform, website, mobile application, software, card designs, branding, logos, trademarks, trade dress, graphics, text, audiovisual content, user interface elements, features, functionality, and all related intellectual property rights are owned by Shay La'Vee Solutions LLC, its licensors, or its affiliates and are protected by applicable copyright, trademark, patent, trade secret, and other intellectual property laws. Except as expressly provided in these Terms, no rights, title, or interest in the Services are transferred to any user.
Viiiben Trademarks
The Viiiben name, logo, branding, slogans, card designs, and other identifying marks are proprietary to Shay La'Vee Solutions LLC. Users may not copy, reproduce, modify, distribute, display, publish, sell, license, reverse engineer, or otherwise exploit any Viiiben intellectual property without prior written permission.
Limited License to Use the Services
Subject to compliance with these Terms, Viiiben grants users a limited, non-exclusive, non-transferable, revocable license to access and use the Services solely for their intended personal and non-commercial purposes. This license does not permit users to:
Copy, reproduce, or create derivative works from the Services.
Resell or commercially exploit the Services.
Reverse engineer or attempt to access source code.
Circumvent security features.
Scrape, harvest, or collect user information.
Use automated systems to access the Services.
Create competing products or services using Viiiben content or technology.
Viiiben may revoke this license at any time for violations of these Terms.
User Content
Users retain ownership of content they submit to the Services, including profile photographs, biographies, interests, values, love languages, notes attached to cards, messages, referral content, and other user-generated content.
By submitting content, users grant Viiiben a worldwide, non-exclusive, royalty-free, transferable, sublicensable, perpetual license to host, store, display, reproduce, transmit, modify, format, distribute, and otherwise use such content for the purpose of operating, maintaining, improving, promoting, and providing the Services. This license survives account deletion to the extent necessary to comply with legal obligations, resolve disputes, enforce these Terms, and maintain platform integrity. Upon account deletion, Viiiben will remove your content from public view as described in our Privacy Policy.
Users represent and warrant that they own or have the necessary rights to content they upload, that their content does not violate the rights of any third party, and that their content does not infringe any copyright, trademark, privacy, publicity, or other proprietary rights. Users are solely responsible for the content they submit.
Feedback
If users provide suggestions, ideas, comments, recommendations, feature requests, or other feedback regarding the Services, Viiiben may use such feedback on an irrevocable, worldwide, royalty-free basis without restriction, compensation, acknowledgment, or obligation to the user.
DMCA Copyright Complaints
Viiiben respects the intellectual property rights of others and complies with the Digital Millennium Copyright Act ("DMCA"). If you believe that content available through the Services infringes your copyright, please send a written notice to Viiiben's designated copyright agent containing the following:
A physical or electronic signature of the person authorized to act on behalf of the copyright owner.
Identification of the copyrighted work claimed to have been infringed.
Identification of the material claimed to be infringing and information reasonably sufficient to locate it on the Services.
Your contact information, including name, address, telephone number, and email address.
A statement that you have a good-faith belief that use of the material is not authorized by the copyright owner, its agent, or the law.
A statement, under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the copyright owner.
Submit DMCA notices to support@viiiben.com.
Viiiben reserves the right to remove allegedly infringing content and terminate accounts of repeat infringers in appropriate circumstances.
9. Indemnification
You agree to defend, indemnify, and hold harmless Shay La'Vee Solutions LLC, its owners, officers, directors, employees, contractors, affiliates, licensors, service providers, successors, assigns, and representatives (collectively, the "Viiiben Parties") from and against any and all claims, demands, actions, proceedings, liabilities, damages, judgments, awards, losses, costs, expenses, and attorneys' fees to the extent arising out of or relating to your own negligence, recklessness, or intentional misconduct, and not from the negligence or intentional misconduct of Viiiben, in connection with:
Your violation of these Terms, Community Guidelines, or any applicable law or regulation.
Your violation of the rights of any third party, including intellectual property, privacy, or publicity rights.
Content you upload, submit, publish, transmit, or share through the Services that infringes, defames, or otherwise harms a third party.
Fraudulent, misleading, unlawful, or harmful conduct by you.
Your misuse or unauthorized distribution of Viiiben cards or QR codes.
Any dispute between you and another user arising from your own conduct.
Viiiben reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate fully. These indemnification obligations survive termination of your account and these Terms.
10. Limitation of Liability
Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. VIIIBEN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AVAILABILITY, AND PERFORMANCE. VIIIBEN MAKES NO REPRESENTATION OR WARRANTY THAT THE SERVICES WILL MEET USER EXPECTATIONS OR PRODUCE ANY DESIRED OUTCOME.
VIIIBEN MAKES NO REPRESENTATION OR WARRANTY REGARDING THE ACCURACY, COMPLETENESS, TRUTHFULNESS, RELIABILITY, OR IDENTITY OF ANY USER OR ANY CONTENT, PROFILE INFORMATION, PHOTOGRAPHS, OR OTHER INFORMATION SUBMITTED OR DISPLAYED BY OTHER USERS. USERS RELY ON SUCH INFORMATION ENTIRELY AT THEIR OWN RISK.
No Responsibility for User Conduct or Connections
To the fullest extent permitted by law, Viiiben shall not be liable for any actions, omissions, statements, communications, behavior, misconduct, negligence, fraud, misrepresentation, harassment, stalking, assault, injury, property damage, emotional distress, financial loss, or other conduct of any user or third party. Viiiben does not guarantee responses, referrals, introductions, friendships, relationships, compatibility, chemistry, dates, meetings, or any particular outcome.
No Liability for Offline Interactions
To the fullest extent permitted by law, Viiiben shall not be liable for any injury, loss, damage, claim, dispute, incident, or harm arising from interactions occurring outside the platform, including in-person meetings, dates, social gatherings, phone calls, text messages, video calls, travel arrangements, romantic relationships, friendships, or business relationships. All such interactions occur solely at the user's own risk.
Technology and Service Availability
Viiiben does not guarantee uninterrupted, secure, error-free, or continuous operation of the Services. Viiiben shall not be liable for any damages resulting from system outages, service interruptions, technical failures, delays, bugs, data loss, security breaches, third-party service failures, or events beyond Viiiben's reasonable control.
Limitation of Damages
TO THE FULLEST EXTENT PERMITTED BY LAW, VIIIBEN SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOSS OF PROFITS, REVENUE, GOODWILL, BUSINESS OPPORTUNITIES, OR EMOTIONAL DISTRESS, REGARDLESS OF THE LEGAL THEORY ASSERTED AND EVEN IF VIIIBEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Maximum Liability
To the fullest extent permitted by law, Viiiben's total cumulative liability to you arising out of or relating to the Services shall not exceed the greater of: (a) One Hundred U.S. Dollars ($100.00); or (b) the total amount actually paid by you to Viiiben during the twelve (12) months immediately preceding the event giving rise to the claim.
Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages. To the extent such laws apply, some of the above limitations may not apply to you.
Basis of the Bargain
The parties acknowledge that the limitations of liability in these Terms reflect a reasonable allocation of risk and are a fundamental part of the agreement between the parties. Viiiben would not be able to provide the Services on the same terms without such limitations.
11. Dispute Resolution
Most disputes can be resolved by contacting us directly. If we cannot resolve a dispute informally, we have agreed to use binding arbitration rather than going to court. Here's how that works.
Informal Resolution First
Viiiben believes that most disputes can be resolved through direct communication. Before initiating any formal legal action, you agree to contact Viiiben in writing and make a good-faith effort to resolve the dispute informally. Your notice must include your name and contact information, a description of the dispute, the date the issue arose, and the relief requested.
Upon receipt of your notice, Viiiben agrees to respond within fourteen (14) days and to engage in good-faith discussions toward resolution. Both parties agree to attempt informal resolution for at least thirty (30) days before pursuing formal legal action. This mutual obligation to negotiate in good faith applies equally to both you and Viiiben.
Agreement to Binding Arbitration
Except for disputes that qualify for small claims court, claims involving intellectual property rights, or claims arising from sexual assault or sexual harassment (which are excluded from mandatory arbitration under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2022), you and Viiiben agree that any dispute, claim, controversy, or cause of action arising out of or relating to the Services, these Terms, your use of the platform, purchases, cards, referrals, messaging, user interactions, or any relationship between you and Viiiben shall be resolved through final and binding individual arbitration rather than in court. This agreement to arbitrate is governed by the Federal Arbitration Act.
Arbitration Procedures
Arbitration shall be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, which are available at www.adr.org. The arbitrator shall have exclusive authority to resolve disputes regarding the interpretation, enforceability, or applicability of these Terms and any claim arising out of or relating to the Services. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
For claims under $10,000, arbitration may be conducted by telephone, online, or based solely on written submissions, at the election of the party initiating arbitration. For claims over $10,000, the right to a hearing will be determined by the AAA Consumer Arbitration Rules. Filing fees and arbitrator compensation shall be governed by the AAA Consumer Arbitration Rules.
Small Claims Court Exception
Nothing in these Terms prevents either party from bringing an individual claim in small claims court, provided the claim remains on an individual basis and does not seek class-wide relief.
Class Action Waiver
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND VIIIBEN AGREE THAT ANY DISPUTE SHALL BE BROUGHT SOLELY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLAIMANT, CLASS REPRESENTATIVE, OR MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, REPRESENTATIVE ACTION, MASS ACTION, OR SIMILAR PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OF MULTIPLE INDIVIDUALS AND MAY NOT PRESIDE OVER ANY CLASS OR REPRESENTATIVE PROCEEDING. IF THIS CLASS ACTION WAIVER IS FOUND UNENFORCEABLE WITH RESPECT TO A PARTICULAR CLAIM, THAT CLAIM SHALL PROCEED IN COURT AND SHALL REMAIN SUBJECT TO THE GOVERNING LAW, VENUE, AND ALL OTHER PROVISIONS OF THESE TERMS THAT ARE APPLICABLE TO COURT PROCEEDINGS.
Jury Trial Waiver
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND VIIIBEN KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A TRIAL BY JURY FOR ANY DISPUTE ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS. THIS WAIVER APPLIES TO ALL DISPUTES WHETHER RESOLVED IN ARBITRATION, SMALL CLAIMS COURT, OR IN ANY COURT PROCEEDING WHERE A JURY TRIAL RIGHT WOULD OTHERWISE APPLY.
Governing Law
These Terms and any disputes arising from or relating to the Services shall be governed by and construed in accordance with the laws of the State of Nevada, without regard to conflict of law principles, except that the Federal Arbitration Act governs all provisions relating to arbitration. Notwithstanding the foregoing, nothing in this section limits, waives, or supersedes any right, remedy, or protection afforded to a California resident under the California Consumer Legal Remedies Act, the California Unfair Competition Law, the California Consumer Privacy Act, the California Privacy Rights Act, or any other California statute or regulation that cannot be waived or limited by contract.
Venue
If a dispute is determined to be non-arbitrable or otherwise proceeds in court, the parties agree that exclusive jurisdiction and venue shall lie in the state or federal courts located in Clark County, Nevada, and each party consents to the personal jurisdiction of such courts, except that California residents may bring consumer protection claims in California courts to the extent required by applicable California law.
Time Limitation on Claims
To the fullest extent permitted by law, any claim or cause of action arising out of or relating to the Services must be brought within one (1) year after the event giving rise to the claim. Claims not brought within that period shall be permanently barred, except where a longer period is required by applicable law, including but not limited to any longer period mandated by California's Consumer Legal Remedies Act or other applicable state consumer protection statutes.
Arbitration Opt-Out
You may opt out of this Arbitration Agreement within thirty (30) days of first accepting these Terms by emailing support@viiiben.com with the subject line "Arbitration Opt-Out" and including your name and the email address associated with your account. Opting out does not affect any other provision of these Terms. If you opt out, any disputes not resolved informally will be resolved as set forth in the Governing Law and Venue provisions of these Terms.
12. California-Specific Provisions
The following provisions apply specifically to users who are residents of California and supplement the other provisions of these Terms.
California Consumer Privacy Rights
If you are a California resident, you may have certain rights under the California Consumer Privacy Act ("CCPA"), the California Privacy Rights Act ("CPRA"), and other applicable California privacy regulations, including the right to:
Request access to certain personal information collected about you.
Request correction of inaccurate personal information.
Request deletion of personal information.
Request information regarding categories of personal information collected, used, disclosed, or shared.
Request information regarding categories of third parties with whom personal information has been shared.
Limit certain uses of sensitive personal information where required by law.
Details regarding these rights and how to exercise them are described in Viiiben's Privacy Policy. Viiiben will not discriminate against you for exercising your privacy rights.
Exercising Privacy Rights
California residents may submit privacy-related requests through the methods identified in Viiiben's Privacy Policy. Before fulfilling a request, Viiiben may require verification of identity to protect user privacy and account security. Viiiben may deny requests when permitted by applicable law.
California "Shine the Light" Rights
California Civil Code Section 1798.83 permits eligible California residents to request information regarding certain disclosures of personal information to third parties for direct marketing purposes. Viiiben does not currently disclose personal information to third parties for their independent direct marketing purposes without consent.
California Minors
Viiiben is intended exclusively for individuals who are at least eighteen (18) years of age. Individuals under the age of eighteen are prohibited from creating accounts, purchasing products, using the Services, or otherwise accessing the platform. If Viiiben becomes aware that an individual under eighteen has created an account or provided personal information, Viiiben reserves the right to remove such information and terminate the account.
Electronic Communications Consent
By creating an account, providing an email address, or making a purchase, you consent to receive electronic communications from Viiiben, including account notifications, security alerts, purchase confirmations, service updates, and policy updates. You agree that such electronic communications satisfy any legal requirement that communications be provided in writing.
Data Breach Notification
In the event of a security breach involving your personal information, Viiiben will notify affected California residents as required by California Civil Code Section 1798.82 and other applicable law. Notification will be provided in the most expedient time possible and without unreasonable delay, consistent with any measures necessary to determine the scope of the breach and restore reasonable integrity of the data system.
California Consumer Notice
Under California Civil Code Section 1789.3, California residents may contact the California Department of Consumer Affairs, Consumer Information Division, 1625 North Market Blvd., Suite N-112, Sacramento, California 95834. Telephone: (800) 952-5210.
13. Privacy Policy
Your use of the Services is also governed by Viiiben's Privacy Policy, which is incorporated into these Terms by reference and available at [INSERT PRIVACY POLICY URL]. The Privacy Policy describes how Shay La'Vee Solutions LLC collects, uses, stores, shares, and protects your personal information when you use the Services, and explains your rights with respect to that information.
By using the Services, you acknowledge that you have read and agree to the Privacy Policy. If you do not agree to the Privacy Policy, you must not use the Services.
14. General Provisions
Entire Agreement
These Terms, together with Viiiben's Privacy Policy and the Community Guidelines set forth in Section 3 of these Terms, constitute the entire agreement between you and Shay La'Vee Solutions LLC with respect to the Services and supersede all prior agreements, representations, and understandings between the parties.
Severability
If any provision of these Terms is found to be unlawful, invalid, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall remain in full force and effect.
Waiver
Viiiben's failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of Viiiben to be effective.
Assignment
You may not assign or transfer your rights or obligations under these Terms without Viiiben's prior written consent. Viiiben may assign its rights and obligations under these Terms without restriction, including in connection with a merger, acquisition, or sale of assets. In the event of such an assignment, Viiiben will provide reasonable advance notice as described in our Privacy Policy. These Terms bind and inure to the benefit of the parties and their respective successors and permitted assigns.
Force Majeure
Viiiben shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including natural disasters, pandemics, acts of government, war, civil unrest, labor disputes or strikes of third parties, power outages, internet disruptions, or failures of third-party service providers.
Additional State Rights - All U.S. Users
Viiiben sells products and provides Services to users throughout the United States. Users in states other than California may have additional rights under their applicable state laws, including but not limited to state consumer protection statutes, privacy laws, and data breach notification requirements. Nothing in these Terms waives, limits, or supersedes any right that cannot be waived or limited under applicable state or federal law. If any provision of these Terms conflicts with a right granted to you under the law of your state that cannot be contractually waived, that applicable law controls to the extent of the conflict.
The following states have enacted comprehensive consumer privacy laws that may provide you with rights regarding your personal information: Virginia, Colorado, Connecticut, Texas, Florida, Oregon, Montana, and others. Where applicable, Viiiben will honor rights afforded to residents of these states under their respective laws. Please refer to our Privacy Policy for details on how to exercise these rights.
Marketing Communications
By providing your email address and creating an account or making a purchase, you consent to receive transactional communications from Viiiben, including order confirmations, account notifications, security alerts, and service updates. These transactional communications are necessary to provide the Services and are not subject to marketing opt-out.
Viiiben will only send marketing or promotional email communications to users who have provided express prior consent. Every marketing email will include a clear and conspicuous unsubscribe mechanism. Viiiben complies with the CAN-SPAM Act, including requirements regarding accurate sender identification, honest subject lines, and prompt honoring of opt-out requests within ten (10) business days.
You may enable or disable push notifications through your device settings at any time.
Opting out of marketing communications will not affect your receipt of transactional communications necessary to operate your account or fulfill your orders.
Contact Information
If you have questions about these Terms, please contact Shay La'Vee Solutions LLC at:
Shay La'Vee Solutions LLC
Operating as: Viiiben
Email: support@viiiben.com
© Shay La'Vee Solutions LLC. All Rights Reserved. Viiiben is a brand of Shay La'Vee Solutions LLC.
