Please read this Terms of Service (this “TOS”) carefully before using the software services of VI Agents Solutions, LLC, dba “VIA Solutions” (collectively, together with its successors and assigns, “VIA Solutions”). By using the VIA Solutions software services (the “Services”), you are agreeing to be bound by the terms of this TOS and you agree that it is enforceable as if it were a written negotiated agreement signed by you and VIA Solutions. If you do not agree to the terms of this TOS, do not use the Services. If you do not agree to the terms of the License, do not register or subscribe for the Services.
The Services are being made available to you only pursuant and subject to the terms and conditions of the SLA, and VIA Solutions reserves all rights not expressly granted to you under the TOS.
Future
Changes
VIA
Solutions may modify the terms of the TOS in its sole discretion at
any time without notice to you, and you agree to be bound by such
modifications. Your continued use of the Services after any such
modifications shall constitute your consent to such changed terms.
Unless otherwise expressly stated, any updates, fixes, enhancements
or new features added to or released in connection with the Services
hereafter are subject to the TOS. The most current version of the TOS
at any given time will be posted
at: https://www.viagentssolutions.com/terms-of-service/.
Service
and Certain Risks
The
Services provided by VIA Solutions consist generally of
software-as-a-service cloud-based management program. The Services
are provided by VIA Solutions on an “AS IS” and “AS AVAILABLE”
basis. You may experience downtime in the availability of the
Services for various reasons. You also understand that we do our best
to ensure that your information is transferred encrypted over the
internet or other open or shared networks using https. However, we
cannot ensure that such encryption is one hundred percent secure.
Notwithstanding the above and other risks, you accept and agree that
your use of the Services is at your sole risk.
Qualification
You
must be at least eighteen (18) years of age to use the Services. You
must provide your current, accurate identification, contact and other
information that may be required as part of the registration process
and/or continued use of the Services. You are responsible for
maintaining the confidentiality of your password and account with VIA
Solutions, and are responsible for all activities that occur
thereunder. VIA Solutions reserves the right to refuse service to
anyone at any time without notice for any reason.
Payment
Payment
for services are typically collected yearly in advance and invoiced
to your company or organization by VI Agents or its representative
companies. Payments are due within thirty (30) days. If payment is
not received within forty-five (45) days, the service may be
suspended until paid. A re-activation fee may be assessed at rates
current at that time as set solely by VIA Solutions and its
representative companies.
Yearly Terms: The Services are billed in advance on a yearly basis. Refunds for deleted accounts may be requested for unused months of service between the date of account removal and the final service date noted on the invoice issued by VIA Solutions or its representative companies.
All fees are exclusive of all taxes or duties imposed by any governmental or other taxing authorities. You alone are responsible for payment of all such taxes or duties.
Modification
to Service and Fees
VIA
Solutions expressly reserves the right to modify, suspend or
discontinue the Services, in whole or in part, at any time for any
reason with or without notice. VIA Solutions reserves the right to
change the fees for the Services upon 30 days’ notice from us,
which notice is deemed provided once posted by VIA Solutions on its
website https://www.viagentssolutions.com or
via the Services itself.
Cancellation
and/or Termination
You
are solely responsible for the proper cancellation of your account.
You may cancel your account at any time by delivering in writing and
sending such termination letter by registered mail to VIA Solutions
or our Value Added Reseller that you purchased product from that
includes the use of our Service. An email or phone request to cancel
your account is not considered cancellation. There will be no refund
if you cancel the Services before the end of your current, paid-up
month, and you will not be charged thereafter. There is no
cancellation fee. Cancellation is immediate, and all files,
information and/or other content you may have uploaded to VIA
Solutions will be immediately deleted from the Services upon
cancellation. VIA Solutions may at any time and for any reason
terminate your access to the Services, terminate this TOS or suspend
or terminate your account. In the event of termination, your account
will be disabled and you may not be granted access to your account or
any files, information and/or other content contained in your account
although residual copies of information may remain in our system.
Intellectual
Property Rights
You
acknowledge that VIA Solutions owns all right, title and interest in
and to the Services, including without limitation all intellectual
property rights, and such rights are protected by U.S. and
international intellectual property laws. You agree that you will not
copy, reproduce, alter, modify or create derivative works from the
Services. VIA Solutions claims no intellectual property rights over,
nor any responsibility for, information or other content you provide
to the Services.
Appropriate
Uses and Limitations
You
agree that you will use the Services only in compliance with all
applicable local, state, national and international laws, rules and
regulations, including any laws regarding the transmission of
technical data exported from your country of residence. You shall
not, and you shall not authorize or knowingly allow anyone else to:
(a) use the Services to upload, transmit or otherwise distribute any
content that (1) is unlawful, defamatory, harassing, abusive,
fraudulent or obscene, (2) contains viruses, or (3) is otherwise
objectionable as reasonably determined by VIA Solutions; (b) use the
Services for any fraudulent or inappropriate purpose; (c) duplicate,
reproduce, decompile, reverse engineer, disassemble or exploit any
part of the Services without the express written permission of VIA
Solutions; (d) resell, rent, lease, lend, redistribute or sublicense
the Services in whole or in part; or (e) use any spider, robot or
other automated device or manual process to monitor or copy any
content from the Services. Breach of any of the foregoing may result
in immediate termination of your access to the Services, and may
subject you to civil or criminal penalties and/or other legal
consequences.
Limited
Warranties; Limitations on Liability
VIA
Solutions does not warrant that (a) the Services will meet your
requirements or expectations, (b) the Services will be timely,
uninterrupted or error-free or operate in combination with any other
hardware, software, system or data, (c) bugs or errors will be
corrected, (d) the mathematical calculations performed by the
Services are accurate, (e) the Services will comply with any
applicable laws, including without limitation any labor or employment
laws pertaining to overtime or minimum wage. ALL CONDITIONS,
REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY
OR OTHERWISE, INCLUDING , WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. You expressly understand
and agree that VIA Solutions shall not be liable for any direct,
indirect, incidental, special, consequential or exemplary damages,
including but not limited to, damages for loss of profits, goodwill,
use, data or other intangible losses (even if VIA Solutions has been
advised of the possibility of such damages), resulting from your
usage of the Services. Without limiting the generality of the
foregoing, you agree that in the event VIA Solutions is ever held to
be liable to you for any reason in connection with the Services, you
agree that such liability shall be limited to the amount which you
actually paid VIA Solutions for the Services.
Indemnification
You
agree to indemnify and hold harmless VIA Solutions and each of its
affiliates and each of their respective officers, directors,
employees and agents from and against any third party claim arising
from or in any way related to your use of the Services, including any
and all liabilities, costs or expenses (including without limitation
litigation costs and attorneys’ fees) arising from any claims,
losses, damages (actual or consequential), suits or judgments of any
kind or nature. In any such event, VIA Solutions will notify you in
writing of such claim, suit or action. You agree that VIA Solutions’s
failure to exercise or enforce any right or provision of the TOS
shall not constitute a waiver of such right or provision.
General
The
TOS constitutes the entire agreement between you and VIA Solutions
and governs your use of the Service and supersedes any prior
statements, representations, understandings or agreements between you
and VIA Solutions (including without limitation any prior versions of
the TOS).
If you have any questions regarding this Software License Agreement or if you wish to discuss the terms and conditions contained herein please contact VIA Solutions at support@viagentssolutions.com.