This page outlines the Terms of Service (hereafter the "Agreement") under which the RIA Development Ltd. (hereafter the "Services") and the FiVibe software application and fivibe.com website (hereafter the "Site") are provided to you.
Please read this page carefully. By using the Software and Site and/or paying for Services, you are indicating your acceptance to be bound by this Agreement. If you're unwilling to be bound this Agreement, do not use this Software, the Site or pay for Services.
By entering into this Agreement you further acknowledge your understanding and acceptance of FiVibe's information gathering, use and dissemination practices as outlined in our Privacy Policy.
For purposes of this Agreement, the term "FiVibe" shall include its parent company RIA Development Ltd., their officers, agents, vendors, employees and affiliates. Please note that FiVibe may revise the Agreement at any time by updating this posting. You should visit this page periodically to review the Agreement, as it is binding upon you.
You may cancel your membership or account at any time. If you wish to continue your membership or account with FiVibe service, do nothing - your membership or account will continue without interruption and will renew automatically depending on your chosen subscription (monthly, annual). Lifetime membership is charged with a one off fee and no further payments will be collected.
If for any reason you are not satisfied, you may cancel at any time to discontinue the service and stop the monthly or annual billing; however, you will not be eligible for a pro-rated refund of any portion of your current year's paid membership or account fee, unless it's within the statuary 7 days of money-back guarantee period.
You can reach our customer service line at +44 (1926) 840185, or send email to help@FiVibe.com. For your convenience, our customer service line is open Monday through Friday from 9 a.m. to 5 p.m. and closed on the weekend (Greenwich mean time).
All content on the Site (including but not limited to text, graphics, images, logos, buttons, icons, software and other materials, hereafter "Content") are the sole property of FiVibe and/or RIA Development Ltd. and is protected by United Kingdom copyright and international treaties. FiVibe authorizes you to view and download a single copy of the Content on the Site solely for your personal, noncommercial use. Unauthorized use of the Content may violate copyright, trademark and other laws. You must retain all copyright, trademark, service mark, and other proprietary notices contained in the Content on any copy you make of the Content. You may not reproduce, modify, display, sell, or distribute the Content, or use it in any other way for public or commercial purpose. This includes copying or adapting the HTML code used to generate Web pages on FiVibe.com. Additionally attempting to decipher, recompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Site or service is expressly prohibited.
"FiVibe" designs, logos and certain other names or logos are service marks or trademarks of RIA Development Ltd and Mike Davidson. and all related product and service names, design marks and slogans are the service marks or trademarks of RIA Development Ltd and Mike Davidson. In addition, the "look" and "feel" of the Site (including color combinations, button shapes, layout, design and all other graphical elements) are also protected by RIA Development Ltd's trademarks, service marks and copyrights. All other product and service marks contained on the Site are the trademarks of their respective owners.
The Software, Site and its Services are intended solely for individuals and businesses to manage and create wealth through use of the software which runs online and offline. The Site may be used only for lawful purposes within this stated context of FiVibe's intended and acceptable use. FiVibe holds the sole and exclusive right to interpret the meaning and definition of "acceptable use".
As one of the conditions of your use of the Site and Service, you represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Site for any purpose or in any manner that is prohibited by this Agreement or by applicable law. It is your responsibility to ensure that your use of the Site complies with This Agreement.
Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation: accessing data not intended for such user or logging into a server or account which the user is 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, via means of submitting a virus to the Site, overloading, "flooding", "mail bombing" or "crashing"; sending unsolicited e-mail, including promotions and/or advertising of products or services; forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
Use of any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site, or taking any action which imposes an unreasonable or disproportionately large load on the Site's infrastructure is expressly prohibited.
Violations of these Security Rules may result in civil or criminal liability. FiVibe will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
You are responsible for maintaining the confidentiality of your information, username and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify FiVibe of any unauthorized use of your registration, information, username or password.
By using the Services you agree to defend, indemnify and hold harmless FiVibe from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from this Agreement, your breach of this Agreement, your use of the Site and Services, the provision by you of any Content to the Site or other 3rd party career web sites, or the Agency Relationship. FiVibe shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you at your expense in their defense.
You further agree to release FiVibe and RIA Development Ltd. from any claims, demands and damages (actual, consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with this Agreement or the Agency Relationship.
IN NO EVENT SHALL THE SERVICES AND SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, INCOME, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITIES, OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, SITE AND THE CONTENT AND/OR ANY DOCUMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE SERVICES AND SITE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME COUNTRIES OR U.S. STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF THIS EXCLUSION OR LIMITATION OF LIABILITY IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE SERVICES AND SITE MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICES PROVIDED HEREUNDER.
FiVibe DOES NOT WARRANT THAT ITS SITE OR SERVICES WILL OPERATE ERROR-FREE OR THAT THE SITE OR ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, FiVibe IS NOT RESPONSIBLE FOR THOSE COSTS.
YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THIS SITE AND THE INTERNET IN GENERAL. THE SITE AND CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. FiVibe, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FiVibe MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS AND LINKS.
By submitting your Personal Information to the Site you automatically grant FiVibe the royalty-free, perpetual, irrevocable, non-exclusive, transferable right and license to use, reproduce, modify, adapt, translate, create derivative works from, perform and display such Personal Information (in part or aggregated form that is not individually identifiable) or to incorporate it in other works in any form, media, or technology now known or later developed, without restriction or compensation.
International Access: RIA Development Ltd. is based in Warwick, United Kingdom. FiVibe makes no claims that the Content of its Site is appropriate or legal to be viewed by certain persons or in certain countries. If you access the Site or Services from outside of the United Kingdom, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Partial Validity: If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.
Equitable Relief: You understand and agree that due to the nature of This Agreement, in addition to money damages, FiVibe will be entitled to equitable relief upon a breach of this Agreement by you.
Governing Law: This Agreement is subject to the laws of England, Northern Ireland, Scotland and Wales. Jurisdiction for any claims arising under this Agreement shall lie exclusively with the laws of England, Northern Ireland, Scotland and Wales.
Entire Agreement: Except as expressly provided in a particular Legal Notice, Software License or other notices or Content published on the Site, these terms represent the entire binding Agreement between us, and our respective successors and assigns, and supersede any and all prior understanding, statements or representations, whether electronic, oral or written, regarding FiVibe, the Software, Site, or Services.
Digital Admissibility: You hereby agree that a printed version of this Agreement and of any other notice given in electronic form by FiVibe or in the Site, which is based upon or relating to this Agreement, shall be admissible in judicial or administrative proceedings and subject to the same conditions as other agreements, business documents or records originally generated, entered into, signed or maintained in printed form.
Updated May 23rd, 2011