Terms of Service

1. About Vivere

Vivere is a personal web development and digital marketing business operated by Joseph Sutliff and Mike Olmsted in Grand Junction, Colorado (vivereweb.com). References to "we," "us," or "Vivere" refer to this business.

2. Use of This Website

This website is provided for informational purposes — to describe our services, share our portfolio, and allow you to contact us. You agree to use it lawfully and not to:

• Attempt to access systems or data you are not authorized to access
• Submit false, misleading, or abusive information through our contact form
• Scrape, reproduce, or redistribute site content without written permission
• Interfere with the availability or performance of the site

We reserve the right to block access to users who violate these terms.

3. Services

Vivere provides custom web development, SEO, digital marketing, and related services to businesses and individuals. The scope, timeline, and cost of any specific project are defined in a separate written agreement (proposal, contract, or statement of work) executed between us before work begins.

These Terms of Service govern general site use and serve as a baseline framework. Individual project agreements take precedence over these terms where they conflict.

4. Quotes, Proposals, and Project Agreements

• Any quote or estimate provided — verbally, by email, or through this site — is non-binding until reflected in a signed written agreement.
• Project scope is defined at the time of agreement. Changes to scope requested after work begins may affect timeline and cost and will be documented in writing before proceeding.
• We reserve the right to decline any project for any reason.

5. Payment

• Payment terms (deposit, milestones, final payment) are specified in each project agreement.
• Work may pause or be withheld if payments are not received per the agreed schedule.
• Deposits are generally non-refundable once design or development work has begun, unless otherwise agreed in writing.
• Ongoing services (hosting management, retainers) are billed on the schedule defined in the service agreement.

6. Intellectual Property

Your content

You retain full ownership of all content you provide to us — text, images, logos, brand assets, and any other materials you supply. You represent that you have the right to use and share this content and that it does not infringe any third-party rights.

Delivered work product

Upon receipt of full payment for a project, you own the final delivered website files — HTML, CSS, JavaScript, and any custom code written specifically for your project. This ownership transfers at the time of final payment.

Our tools, frameworks, and process

Vivere retains ownership of our underlying development framework, design system, reusable components, and proprietary processes. These may be used across multiple client projects. Ownership of your specific site does not grant rights to our general tooling or methodology.

Third-party assets

Any third-party assets incorporated into your project (fonts, stock images, icon libraries, plugins) are subject to their own licenses. We will identify any licensed assets used and ensure appropriate licensing is in place. Ongoing license costs (if any) are your responsibility after project handoff.

Portfolio rights

Unless you request otherwise in writing, we reserve the right to display your completed project in our portfolio and in marketing materials as an example of our work.

7. Client Responsibilities

Timely, successful project delivery depends on your participation. You agree to:

• Provide feedback, approvals, and content in a reasonably timely manner
• Designate a single point of contact for project decisions where possible
• Review and approve deliverables before final launch
• Promptly notify us of any issues discovered after launch

Delays caused by late client responses, extended review periods, or unresponsiveness may affect project timelines and are not the responsibility of Vivere.

8. Hosting, Uptime, and Third-Party Services

Many projects are deployed on Cloudflare Pages or similar third-party infrastructure. Vivere does not own or operate this infrastructure and cannot guarantee specific uptime levels — those are governed by Cloudflare's own service agreements. We target best-practice performance in how sites are built, but actual availability depends on third-party providers.

Similarly, integrations with third-party services (Google Analytics, EmailJS, payment processors, booking systems, etc.) are subject to those providers' terms and availability. We are not responsible for third-party service outages, changes, or policy updates.

9. Disclaimer of Warranties

This website and our services are provided "as is" without warranties of any kind, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

We do not warrant that:

• This website will be error-free or continuously available
• Any specific business outcome (increased sales, leads, rankings, or revenue) will result from our services
• Search engine rankings achieved will be maintained indefinitely, as search algorithms are outside our control

All statements about expected outcomes on this site represent general observations based on our experience and are not guarantees of individual results.

10. Limitation of Liability

To the fullest extent permitted by law, Vivere and its operators shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of this site, our services, or any project deliverable — including lost profits, lost data, or business interruption — even if we have been advised of the possibility of such damages.

Our total liability for any claim arising from a specific project shall not exceed the total fees paid by you for that project in the 12 months preceding the claim.

11. Indemnification

You agree to indemnify and hold harmless Vivere and its operators from any claim, damage, or expense (including reasonable legal fees) arising from: your use of our services; content you provided to us; your violation of these terms; or your infringement of any third-party rights.

12. Governing Law and Disputes

These terms are governed by the laws of the State of Colorado, without regard to conflict-of-law principles. Any dispute arising from these terms or our services shall first be addressed through good-faith direct communication. If a resolution cannot be reached, disputes shall be resolved in the state or federal courts located in Mesa County, Colorado, and you consent to personal jurisdiction in those courts.

13. Changes to These Terms

We may update these terms from time to time. The "Last updated" date at the top reflects the most recent revision. Continued use of this site after changes constitutes acceptance of the updated terms. Material changes affecting active client agreements will be communicated directly.

14. Severability

If any provision of these terms is found to be unenforceable, the remaining provisions continue in full force and effect.

15. Contact

Questions about these terms:

Joseph Sutliff — Vivere
joseph@vivereweb.com
(970) 462-2817
Grand Junction, Colorado