Terms & Conditions
By using VivaNM.us LLC (website), you agree to be legally bound by all the terms and conditions contained in Terms of Use Agreement (“Agreement”). Please read these terms carefully. By using this website you also represent that you are at least 18 years old, or you are at least the minimum legal age to enter into a contract in the jurisdiction in which you are viewing the website. In addition, when you use any current or future version of this website or any other VivaNM.us LLC website, you also will be subject to the terms and conditions of this Agreement. Please print a copy of this agreement for your records.
We may, from time to time, modify the terms of this Agreement. When we make changes, we will post those changes here. Your use of the website following any such modification constitutes your agreement to the terms of the modified Agreement.

Privacy
Please review our privacy policy, which also governs your visit to the website, to understand our privacy practices. The terms and conditions of our privacy policy are incorporated herein and made a part of this Agreement.

Orders
VivaNM.us LLC only sells products to adults, ages 18 years and older, who can purchase them with a credit card. VivaNM.us LLC reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion, including, without limitation, if VivaNM.us LLC believes that user conduct violates applicable law or is harmful to the interests of VivaNM.us LLC or its affiliates.

Trademarks
All rights in the product names, company names, trade names, graphics, logos, page headers, button icons, scripts, product packaging trade dress and designs of all VivaNM.us LLC or third-party products or services, whether or not appearing in large print or with trademark symbol, belong exclusively to VivaNM.us LLC or their respective owners and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on this website confers on you any license or right under any patent or trademark of VivaNM.us LLC or any third party.

Copyright
All copyright rights in the text, images, photographs, graphics, user interface, and other content provided on the Website, and the selection, coordination, and arrangement of such content, are owned by VivaNM.us LLC or its third-party licensors to the full extent provided under the United States Copyright Act and all international copyright laws. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing, or transmitting any of the contents of the Website for any purposes. Nothing stated or implied on the Website confers on you any license or right under any copyright of VivaNM.us LLC or any third party.
The Website and the information contained in reference herein are for your personal, non-commercial use only. Except as otherwise specifically permitted herein, you shall not broadcast, duplicate, copy, reproduce, edit, manipulate, modify, publish, rent, sell, publicly display, perform, distribute, transmit, or circulate to anyone the contents of this Website, or use the contents of this Website in litigation, or for any commercial or promotional purposes, without the express written consent of VivaNM.us LLC or its lawful successors and assigns.

License and Website Access
VivaNM.us LLC grants you a limited license to access and make personal use of this Website and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of VivaNM.us LLC. This license does not include any resale or commercial use of this Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, spiders or similar data gathering and extraction tools.
Neither this Website nor any portion of this Website may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of VivaNM.us LLC. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of VivaNM.us LLC and our affiliates without express written consent. You may not use meta tags or any other hidden text using VivaNM.us LLC’s name or trademarks without the express written consent of VivaNM.us LLC. Any unauthorized use terminates the permission or license granted by VivaNM.us LLC.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of VivaNM.us LLC so long as the link does not portray VivaNM.us LLC or its products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any VivaNM.us LLC logo or other proprietary graphic or trademark as part of the link without express written permission. You may not make any other part of this Website, other than the home page of the Website, available as part of another service by “deep linking,” or otherwise, without prior written permission from VivaNM.us LLC.

Your Responsibilities
You agree to comply with all applicable law in connection with your use of the Website, and such further limitations as may be set forth in any written or on-screen notice from VivaNM.us LLC. As a condition of your use of the Website, you warrant that you will not use the Website for any purpose that is unlawful or prohibited by this Agreement. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with this Website or any co-branded Web Site will be accurate, complete, and current. You will pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with VivaNM.us LLC or any co-branded Web Site at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
By using this Website, you agree not to violate or attempt to violate the security of the Website, including, without limitation, actions such as:
Accessing data not intended for you or logging into a server or account that you are not authorized to access;
Attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
Attempting to interfere with service to any user, host, or network, including, without limitation, by way of submitting a virus to or overloading, “flooding,” “spamming,” “mailbombing,” or “crashing” the Website;
Sending unsolicited email, including promotions and/or advertising of products or services, and Forging any TCP/IP packet header or any part of the header information in any email or posting.

Risk of Loss
All products purchased from the Website are transported and delivered to you by an independent carrier not affiliated with, or controlled by, VivaNM.us LLC. Title to products purchased on the Website, as well as the risk of loss for such products, passes to you when VivaNM.us LLC delivers these items to the carrier.

Product Information
VivaNM.us LLC attempts to be as accurate as possible in describing its products. We do not warrant that product descriptions or other content of this Website are accurate, complete, reliable, current, or error-free. Unless otherwise stated, the prices displayed at the Site are quoted in U.S. Dollars.

Colors
We have made every effort to display as accurately as possible the colors of our products that appear at the Website. As the actual colors you see depend on your computer monitor, however, we cannot guarantee that your monitor’s display of any color will be accurate.

Applicable Law and Disputes
This Agreement, your rights and obligations, our rights and obligations, and all actions contemplated by this Agreement will be governed by the laws of the United States of America and the State of New Mexico, without regard to principles of conflicts of law and as if this Agreement were a contract wholly entered into and wholly performed within the State of New Mexico. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.

Indemnification
You agree to defend, indemnify, and hold harmless VivaNM.us LLC and its affiliates, agents, co-branders or other partners from and against any and all allegations, claims, demands, actions, causes of action, proceedings (whether threatened or pending), orders, damages, losses, liabilities, costs and expenses, including reasonable attorney’s fees and other legal expenses, and judgments of any kind of nature, incurred by VivaNM.us LLC arising out of or relating to your use of the Website, your violation of this Agreement, or your violation of any rights of another.

Miscellaneous Legal Provisions
We may discontinue the Website at any time and for any reason, without notice. We may change the contents, operation, or any and all other features of the Website at any time for any reason, without notice. We may discontinue or restrict your use of the Website at any time for any reason, without notice.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and VivaNM.us LLC as a result of this Agreement or your use of this Website. Nothing contained in this Agreement is in derogation of VivaNM.us LLC’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of this Website or information provided to or gathered by VivaNM.us LLC with respect to such use. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
The failure of VivaNM.us LLC to enforce any provisions of this Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches.
If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
This Agreement is the entire and final Agreement regarding our Website and its content, and supersedes any prior or contemporaneous communications between VivaNM.us LLC and you regarding our Website and its contents.
All rights not expressly granted herein are hereby reserved.