Welcome to Just Call Me Viv
This website is owned and operated by Vivian Baez. These Terms set forth the terms and conditions under which you may use our website and services as offered by us. This website provides visitors lifestyle tips, motivation, and product recommendations. By accessing or using our service website, you approve that you have read, understood, and agree to be bound by these Terms.
Use of Website
To use our website or receive our services, you must be at least 18 years of age or the legal age of majority in your jurisdiction and possess the legal authority, right, and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.
Purchasing Items on JustCallMeViv.com
When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.
The prices we charge for using our services / for our products are listed on the website. We reserve the right to change our prices for products displayed at any time and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the payments page.
The fee for the services and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged on a monthly basis to your payment method.
Return and refund policy
For any undamaged product, return it with its included accessories and packaging along with the original receipt (or gift receipt) within 14 calendar days of the date you receive the product. We will exchange it or offer a refund based upon the original payment method. In addition, please note the following: (i) Products can be returned only in the country in which they were originally purchased and (ii) the following products are not eligible for return: Digital files, including e-books, svg's, pdf's,mp4, mp3, access to said files through our platform, templates.
Digital Files purchased through are store are final sales and non-refundable.
Retention of right to change Services
We may, without prior notice, change the Services, stop providing the services or any features of the services we offer or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason or for no reason.
Warranties & responsibility for services and products
When we receive a valid warranty claim for a product purchased from us, we will either repair the relevant defect or replace the product. If we are unable to repair or replace the product within a reasonable time, the customer will be entitled to a full refund upon the prompt return of the product to us. We will pay for the shipment of repaired or replaced products to the customer and the customer will be responsible for returning the product to us.
Ownership of intellectual property, copyrights, and logos
The service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and all Intellectual Property Rights related thereto, are the exclusive property of Vivian Baez. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.
Uploading Content
You recognize and agree that by uploading any content (including, but not limited to designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text, and literary works) through any means to the website, you confirm that you own all the relevant rights or received the appropriate license to upload/transfer/send the content. You agree and consent that the uploaded/transferred content may be publicly displayed on the website.
Right to suspend or cancel user account.
We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment.
Indemnification
You agree to indemnify and hold Vivian Baez harmless from any demands, loss, liability, claims, or expenses (including attorneys' fees) made against them by any third party due to or arising out of or in connection with your use of the website or any of the services offered on the website.
Limitation of liability
To the maximum extent permitted by applicable law, in no event shall Vivian Baez be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or relating to the use of, or inability to use, the service.
To the maximum extent permitted by applicable law, Vivian Baez assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.
Right to change and modify Terms
We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review these page periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.
Promotional emails and content
You agree to receive from time to time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please notify us at any time.
Preference of law and dispute resolution
These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of the United States and the State of Massachusetts, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in Essex County, Massachusetts. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.
Customer Support
Email: Infor@mardeva.com
Effective January 1, 2023