top of page

TERMS & CONDITIONS

Agreement between User and livingfabulouslyva.com

Welcome to livingfabulously.biz. The livingfabulously.biz website (the "Site") is composed of various web pages operated by Living Fabulously ("LFVA"). livingfabulously.biz is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of livingfabulously.biz constitutes your agreement to all such Terms. 

Please read these terms carefully, and keep a copy of them for your reference.

livingfabulously.biz is a Virtual Assistant, Online Business Management and VA Coaching website. 

To help empowered entrepreneurs create the business of their dreams and to live fabulously.

Electronic Communications

Visiting livingfabulously.biz or sending emails to LFVA 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 Site, satisfy any legal requirement that such communications be in writing.

Children Under Thirteen

LFVA does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use livingfabulouslyva.com only with permission of a parent or guardian.

Links to Third Party Sites/Third Party Services

livingfabulously.biz may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of LFVA and LFVA is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. LFVA is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by LFVA of the site or any association with its operators.

Certain services made available via livingfabulously.biz are delivered by third party sites and organizations. By using any product, service or functionality originating from the livingfabulously.biz domain, you hereby acknowledge and consent that LFVA may share such information and data with any third party with whom LFVA has a contractual relationship to provide the requested product, service or functionality on behalf of livingfabulously.biz users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use livingfabulouslyva.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to LFVA that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site.

You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of LFVA or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. LFVA content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of LFVA and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of LFVA or our licensors except as expressly authorized by these Terms.

International Users

The Service is controlled, operated and administered by LFVA from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the LFVA Content accessed through livingfabulously.biz in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless LFVA, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. LFVA reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with LFVA in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these

Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and LFVA agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. LIVING FABULOUSLY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

LIVING FABULOUSLY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. LIVING FABULOUSLY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LIVING FABULOUSLY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF LIVING FABULOUSLY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction

LFVA reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of New York and you hereby consent to the exclusive jurisdiction and venue of courts in New York in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and LFVA as a result of this agreement or use of the Site. LFVA's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of LFVA's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by LFVA with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and LFVA with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and LFVA with respect to the Site. 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. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

LFVA reserves the right, in its sole discretion, to change the Terms under which livingfabulouslyva.com is offered. The most current version of the Terms will supersede all previous versions. LFVA encourages you to periodically review the Terms to stay informed of our updates.

Terms for Clients

Service Location

Services to be provided under this Agreement shall be performed at the CONTRACTOR’s place of business (virtually).

 

Schedule and Days Off

CONTRACTOR traditional business hours are Monday-Friday between 9AM-5PM EST, excluding US national holidays. CONTRACTOR is available to provide services on weekends  only if previously agreed upon (in writing) with CLIENT.

CLIENT will be provided with information regarding CONTRACTOR’s days off on the first of each month. In the case of emergency, or unforeseen illness, CONTRACTOR will provide CLIENT with information regarding time off as soon as possible.

Contacting CONTRACTOR

CONTRACTOR will be available via email, Facebook, or a preferred app (Voxer/ WhatsApp) and messenger. 

 

Term/Termination

Either party may terminate this agreement upon 30 days written notice to the other party. Provided, however, that each party may terminate the Agreement immediately without prior notice in the event of a breach of this Agreement by the other party. Upon termination, CONTRACTOR shall invoice CLIENT for any payment due, and any payment will be due immediately upon receipt of invoice. This contract cannot be paused or placed on hold.

Non-Disclosure and Non-Solicitation

CONTRACTOR shall not directly or indirectly disclose to any person other than a representative of CLIENT at any time either during the term of this Agreement or following the termination or expiration thereof, any confidential or proprietary information pertaining to CLIENT, including but not limited to customer lists, contacts, financial data, sales data, supply sources, business opportunities for new or developing business, plans and models, or trade secrets. Furthermore, CONTRACTOR agrees during the term of this Agreement, and for 2 years following the termination of this Agreement, CONTRACTOR shall not directly or indirectly solicit or attempt to solicit any customers or supplies of CLIENT other than on behalf of CLIENT themselves.

Relationship of Parties

It is understood by the parties that CONTRACTOR is an independent contractor with respect to the CLIENT and not an employee of the CLIENT. The CLIENT will not provide fringe benefits, including health insurance benefits, paid vacation, or any other employee benefit, for the benefit of the CONTRACTOR.

Work Product Ownership

Any works copyrighted, ideas, discoveries, inventions, patents, products or other information (collectively, the “Work Product”) developed in whole or in part by CONTRACTOR in connection with the Services shall be exclusive property of the CLIENT. Upon request, CONTRACTOR shall sign all documents necessary to confirm or perfect the exclusive ownership of the CLIENT to the Work Product. CONTRACTOR reserves the right to reproduce any and all designs created in print and electronic media for CONTRACTOR’s promotional purposes.

 

Liability

Service Providers will not be liable for loss, damage or delay of CLIENT’S project due to circumstances beyond CONTRACTOR’s control. Such circumstances may include (but are not limited to) acts of God, public unrest, power outages, and inability to contact CLIENT. In the event of such loss, damage, or delay, CONTRACTOR will make every effort to notify CLIENT immediately.

 

Limitations on Damages

In any action or legal proceeding of any kind brought by CLIENT against CONTRACTOR for any alleged negligence or any other form of misconduct on the part of CONTRACTOR, in connection with a claim for any failure to provide services in a matter unsatisfactory to you under this Agreement, in no case shall CONTRACTOR’s liability exceed the amount paid by CLIENT for provided services.

 

Confidentiality

CONTRACTOR will not at any time or in any manner, either directly or indirectly, use for personal benefit of a Service Provider, or divulge, disclose, or communicate in any manner any information that is proprietary to CLIENT. CONTRACTOR will protect such information and treat it as strictly confidential. This provision shall continue to be effective after termination of this Agreement. Upon termination of this Agreement, CONTRACTOR will return to CLIENT all records, notes documentation, and other items that were used, created, or controlled by CONTRACTOR during the term of this Agreement, with the exception of items purchased by CONTRACTOR and not reimbursed by CLIENT.

Severability

If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limited such provisions it will become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

Contact Us

LFVA welcomes your questions or comments regarding the Terms:

Living Fabulously

New York

Email Address:  livingfabulouslywithlauren@gmail.com

 

Effective as of May 04, 2020

bottom of page