Terms & Conditions

1. Introduction
Please read these Terms carefully. By using the Website, you agree to be bound by and to comply with these Terms. Vivid Advisors reserves the right to make modifications to these Terms at any time. Revised versions of these Terms will be posted to the Website. Unless otherwise specified, any modifications to the Terms will take effect the day they are posted to this Website. If you do not agree with the revised Terms, your sole and exclusive remedy will be to discontinue your use of the Website and related Services. Please note that areas of the Website may offer features and information that are governed by additional policies and terms (“Additional Terms”). Additional Terms listed below and elsewhere on the Website are hereby incorporated into these Terms and govern your use of those features and related activities. If there is a conflict between these Terms and Additional Terms, the Additional Terms will control for that conflict.

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2. Eligibility

By accepting these Terms, you confirm and guarantee that: (i) you are a minimum of eighteen (18) years old; (ii) you have never been suspended or excluded from using the Website and our other services; and (iii) your utilization of the Website and our services adheres to all relevant laws and regulations.

3. Content Ownership

The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Website and services (the “Materials”) provided by Vivid Advisors are protected by all relevant intellectual property and proprietary rights and applicable laws. All Materials contained on the Website and provided with the services are the property of Vivid Advisors or our third-party licensors. Except as expressly authorized by Vivid Advisors, you may not make use of the Materials. We reserve all rights to the Materials not granted expressly in these Terms. If you wish to use any Materials in any manner, please contact info@vividadvisors.com.

As more fully described under the Disclaimers section, the information on the Website is provided for information purposes only and is not intended to be a substitute for professional legal advice. If you need legal advice or representation, please consult with legal counsel in your own jurisdiction.

4. Trademarks
Vivid Advisors, LLC retains all rights in its name and trademarks, including other indicia of source, whether registered (“Our Trademarks”). You may not use Our Trademarks without our prior written permission; in particular, you may not use Our Trademarks in any manner that is likely to cause confusion about whether we are the source of or sponsor of or endorser of a product, service, or activity. If you wish to discuss the use of Our Trademarks, please contact info@vividadvisors.com.

5. Submissions
The Website may contain features that permit users to submit post, or publish content including, suggestions, enhancement requests, recommendations, feedback, data, or comments that will be displayed on our website (“Submissions”). When you submit any Submission, you agree and acknowledge the following: (a) you have or have obtained all licenses, rights and consents necessary to grant rights to Vivid Advisors to use your Submission, including rights to any third-party material included in your Submission; (b) your Submission does not and will not violate any third party’s copyright, trademark, patent, trade secret, right to privacy or publicity, or any other proprietary, personal, or other rights of any kind; (c) you are under no obligation that would interfere with the disclosure or use of your Submission and it does not contain any material or information considered confidential or provided to you with the understanding that it would not be disclosed or published; and (d) you hereby grant to Vivid Advisors, an irrevocable, perpetual, worldwide, sub-licensable, transferable, royalty-free license to reproduce, distribute, create derivative works of, publicly display, and perform the content in all media now known or later developed.

6. Non-Legal Advice; No Legal Representation
You agree and acknowledge that the use of the Website and participation in services, programs, use of contract templates, contract consultations, and other relevant offers by Oluchi Anyagaligbo, Esq. and Vivid Advisors does not create an attorney-client relationship and no communication should be construed as legal advice or representation without the signing of an engagement letter.

7. General Website Use
By accessing vividadvisors.com, you agree to and acknowledge the following:

• you will not impersonate any person or entity or misrepresent your affiliation with any other person or entity;

• ​you will not reproduce or resell any Website content or services by any means;

• you will use the Website and services only as explicitly authorized and in compliance with these Terms and our policies made available to you;

• you will not use any robot, spider, site search or retrieval application, or other manual or automatic means or process to retrieve, extract, index or data mine any data or content on our website or in any way reproduce or circumvent the navigational structure or presentation of the Website or any content herein; and

• you will not imply or state that we endorse any statements, actions, goods, services, or activities.

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8. Email And Other Electronic Communications

Visiting the Website or sending us emails constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communications be in writing. We welcome email communication with you through various sections of our website. However, please note that such communication does not establish a business or contractual relationship. We will take reasonable steps to ensure that any communications remain confidential, but we cannot guarantee the security of such communications and cannot guarantee that we would not be required to disclose such communications as a result of a court order.

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9. Links To Third Party Websites And Services

The Website may contain links to other websites (“Linked Websites”). The Linked Websites are not under our control, and we are not responsible for the contents of Linked Websites, including without limitation any link contained in a Linked Website, or any changes or updates to a Linked Website. Vivid Advisors is providing these Linked Websites to you only as a convenience, and the inclusion does not imply endorsement by Vivid Advisors or the Website or any association with its operators. Certain services made available via the Website are delivered by third-party websites and organizations. By using any product, service, or functionality originating from the Website, you hereby acknowledge and consent that we may share such information and data with any third party with whom we have a contractual relationship to provide the requested service or functionality on behalf of the Website’s users and clients.

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10. Termination

You acknowledge and agree that we reserve the right, in our sole discretion, to suspend or terminate your access to the Website, Materials, and the related services, or any portion thereof at any time, without notice. To the maximum extent permitted by law, you hereby consent to resolve all disputes arising under or related to this Website or the Terms pursuant to the Arbitration section below. 

11. Disclaimers; No Warranties
The Website, Materials, and additional content is provided as a source of general information. If you need legal advice or representation, please consult with legal counsel in your own relevant jurisdiction. Contract laws vary from country to country and between jurisdictions in some countries, thus, the Materials will not be relevant or accurate for all countries or jurisdictions. Vivid Advisors reserves the right to modify its Website and Materials (including any price information), in whole or in part, without notice at any time for any reason.

The Website, Materials, and additional content are offered “as is” and “as available.” To the maximum extent permitted under law, We disclaim all express and implied warranties of any kind with respect to the Website and Materials (including Submissions), including any warranty of merchantability, fitness for a particular purpose (even if the purpose has been disclosed to us), and non-infringement. We make no representations or warranties about the accuracy, quality, completeness, timeliness, suitability, or reliability of the Website, related services, or Materials (including Submissions) available through the Website or through links to third-party sites, including that the Website will be uninterrupted or error-free. We reserve the right to correct any errors, inaccuracies, or other issues concerning the Website, related services, and Materials. If you rely on the Website, related services, or Materials (including Submissions), you do so entirely at your own risk.

Though we intend to take reasonable steps to prevent the introduction of viruses, worms, or other harmful elements to our site, we do not warrant that the Website or Materials (including Submissions) will be free from such elements, and we are not liable for any damages or harm attributable to them.

12. Limitation of Liability
Vivid Advisors and its directors, officers, employees, service providers, and agents are not liable for any claim of any nature whatsoever based on any loss, damage, liability, or injury arising from your use of the Website, related services, or Materials (including Submissions), from any third-party sites or from your breach of these terms. Under no circumstances will Vivid Advisors or its directors, officers, employees, service providers or agents be liable for any indirect, incidental, consequential, special, punitive, exemplary or similar damages (including lost revenues or profits, loss of business, or loss of data) arising out of or related to your use of the Website, related services or Materials (including Submissions), any third-party sites or these terms, regardless of the theory of liability, whether tort (including negligence), contract, or any other legal or equitable theory. Our aggregate liability to you for any direct or other damages of any nature arising out of your use of, or inability to use, the Website, related services, or Materials (including Submissions) will be the greater of (1) any fees you paid to us in the immediately preceding six months and (2) Five Hundred Dollars ($500.00). Some jurisdictions do not allow a limitation of liability for these kinds of damages, so these limitations or exclusions may not apply to you.

You understand and agree that downloading any Materials is at your sole risk and that you will be solely responsible for any loss or damage to any computer, device, network, software, or hardware or any loss of data that may result from the download or upload of any material.

13. Indemnification
You agree to indemnify and hold Vivid Advisors and its directors, officers, employees, service providers, and agents harmless against all liabilities, losses, damages, and costs (including reasonable attorneys’ fees) that any of the indemnified parties may incur arising out of or related to your use of the Website, related services, or Materials (including Submissions), or third-party websites, or your violation of these Terms. We reserve the right to assume the exclusive defense and control of any matter for which we are entitled to indemnification. You agree to provide us with all cooperation we reasonably request.

14. Governing Law
These Terms are governed by and should be construed according to the laws of the State of Florida applicable to agreements made and performed in Florida. If you choose to access the Website from jurisdictions other than the United States, you are responsible for complying with any applicable local laws. Except to the extent the arbitration below may apply, you irrevocably agree to: (i) bring any claim or dispute relating to your use of the Website, related services, and content, and these Terms exclusively in the state and federal courts located in the State and County of Miami, Florida; (ii) submit to the exclusive jurisdiction of those courts; and (iii) waive any objection to those courts based on inconvenience or other reasons.

15. Arbitration
At our sole discretion, we may require you to submit any disputes arising under these Terms (including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination) to final and binding arbitration in Florida under the Rules of Arbitration of the American Arbitration Association applying Florida law. If this arbitration provision is invalidated in whole or in part, you and Vivid Advisors agree that the federal and state courts located in the Southern District of Florida will be the exclusive jurisdiction and venue for any claim arising out of these Terms and your use of the Website.

16. General
These Terms and the Privacy Policy are the complete agreement between you and Vivid Advisors regarding your use of our Website, Materials (including Submissions), and related services and activities and supersede all other prior agreements (oral or written) regarding its subject matter except that you will also be governed by any (a) Additional Terms we provide in connection with particular features and services; and (b) additional agreements we enter into with respect to specific activities. You may not assign your rights under these Terms without our prior written consent, and any attempted assignment will be null and void. If a court of competent jurisdiction determines that any provision of these Terms is unenforceable for any reason, then that provision will be deleted (or, if possible, modified in a manner that will reflect the original intent as closely as possible) and the remaining provisions will be enforceable to the fullest extent permitted by law. These Terms create no joint venture, agency, partnership or similar relationship. Our failure to assert any right under these Terms will not be considered a waiver of that right unless the waiver is in writing. The word “including” in these Terms is intended to be illustrative and means “including without limitation.” These Terms may not be interpreted or construed to confer any rights or remedies on any third parties.

You agree that you must bring any cause of action arising out of or related to our website, services (including Submissions), and content within one year after the cause of action accrues; otherwise, you agree to have permanently waived your right to bring the cause of action.

17. Contact Us
If you have any questions about our site, please contact us at info@vividadvisors.com.