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Terms and Conditions

Last Updated: January 2025

Welcome to VIVA ("we," "us," or "our"). By accessing or using our website and services (collectively, the "Site"), you agree to be bound by these Terms and Conditions ("Terms"). Please read them carefully before using our services.

If you do not agree to these Terms, you must not access or use the Site.

1. Acceptance of Terms

By accessing or using VIVA, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy. These Terms apply to all visitors, users, and others who access or use the Site.

2. Description of Services

VIVA is a free community guide and directory designed to connect local businesses in San Miguel de Allende with residents and visitors. Our services include:

VIVA acts solely as a platform connecting users with businesses. We are not a party to any transactions between users and listed businesses.

3. Use of the Site

Permitted Uses

You may use the Site for personal, non-commercial purposes to:

Prohibited Uses

You agree not to:

4. Business Listings

Listing Accuracy

Businesses are responsible for providing accurate, complete, and up-to-date information for their listings. VIVA reserves the right to verify, edit, or reject any business listing information at our discretion.

No Guarantee of Results

While we strive to promote listed businesses effectively, we make no guarantees regarding the number of customers, leads, or sales that may result from a listing on VIVA.

Removal of Listings

We reserve the right to remove or modify any business listing at any time for any reason, including but not limited to: violation of these Terms, inaccurate information, customer complaints, business closure, or editorial decisions.

5. Offers and Discounts

Validity and Terms

All offers, discounts, and promotions featured on VIVA are provided by the listed businesses, not by VIVA. Each business is solely responsible for honoring the terms of their offers. VIVA is not responsible for:

Customer Responsibility

Customers should verify offer details, terms, and conditions directly with businesses before making purchases or visiting establishments. Offers may be subject to availability, expiration dates, and specific terms set by individual businesses.

6. Intellectual Property Rights

VIVA Content

All content on the Site, including but not limited to text, graphics, logos, images, videos, and software, is the property of VIVA or its content suppliers and is protected by copyright, trademark, and other intellectual property laws.

Business Content

By submitting content (photos, descriptions, logos, etc.) for your business listing, you grant VIVA a non-exclusive, royalty-free, worldwide license to use, reproduce, modify, and display that content for the purpose of operating and promoting the Site.

Prohibited Uses

You may not reproduce, distribute, modify, create derivative works of, publicly display, or exploit any content from the Site without our express written permission.

7. Third-Party Links and Services

Our Site may contain links to third-party websites, social media pages, or services (including listed businesses' websites). These links are provided for your convenience only. We do not control, endorse, or assume responsibility for:

Your interactions with third-party sites and businesses are solely between you and those third parties.

8. Disclaimers and Limitations of Liability

No Warranties

The Site and all information, content, and services are provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

We do not warrant that:

Limitation of Liability

To the fullest extent permitted by law, VIVA, its owners, employees, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from:

9. Indemnification

You agree to indemnify, defend, and hold harmless VIVA, its owners, employees, contractors, and affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorney's fees) arising out of or in any way connected with:

10. User Conduct and Content

Users may submit content (reviews, comments, business information) to the Site. You are solely responsible for any content you submit. You agree not to submit content that:

We reserve the right to remove any content that violates these Terms or that we deem inappropriate for any reason, without notice.

11. Termination

We reserve the right to terminate or suspend your access to the Site immediately, without prior notice or liability, for any reason, including but not limited to breach of these Terms. Upon termination, your right to use the Site will immediately cease.

12. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Mexico. Any disputes arising from these Terms or your use of the Site shall be subject to the exclusive jurisdiction of the courts located in San Miguel de Allende, Guanajuato, Mexico.

13. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.

14. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and VIVA regarding your use of the Site and supersede all prior agreements and understandings.

15. Contact Information

If you have any questions about these Terms or need to report a violation, please contact us.

Questions About These Terms?

We're here to help clarify any questions or concerns you may have.

Email: vivaguidesma@gmail.com

Website: Contact Form

By using VIVA, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.