THIS IS A BINDING AGREEMENT BETWEEN YOU AND VTV. BY ACCEPTING THESE TERMS OF USE AND LICENCE OR USING THE VTV APP AS DEFINED BELOW, YOU ARE AGREEING TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE VTV APP.
This license and terms of use (the "Terms of Use") apply to the website and the mobile application that is the property of, or licensed to, Viridian Transvision Solutions, LLC, with offices at 6601 Vaught Ranch Road, Suite 102, Austin, TX 78730 ("VTV"). The website and the mobile application are collectively referred to in these Terms of Use as the "VTV App." "You" means you individually and the entity for whom you act as an authorized representative, employee or agent. That entity or organization is referred to as your employer or contracting party.
As long as you are authorized by your employer or contracting party to use the VTV App and you comply with these Terms of Use, VTV grants you a personal, non-exclusive, non-transferable, limited privilege to use the VTV App. Your use of the services offered by VTV through its VTV App is subject to an agreement between your employer or contracting party and VTV. You may use the VTV App solely for the purposes authorized by your employer or contracting party. The VTV App is not intended for the use of children under 18 or anyone not authorized by a customer of VTV and no such person is authorized to use it.
VTV reserves the right, at its sole discretion, to (1) modify these Terms of Use at any time, (2) modify, suspend or terminate operation of or your access to the VTV App for any reason; (3) modify or change the VTV App, or (4) interrupt the operation of the VTV App as necessary to perform routine or non-routine maintenance, error correction, or other changes. Your continued use of the VTV App following the implementation of changes indicates your agreement to and acceptance of the changes to the updated Terms of Use.
You may not (1) attempt to gain unauthorized access to any portion or feature of the VTV App or any other systems or networks connected to the VTV App, to any VTV server, or to any of the services offered on or through the VTV App through any means, (2) probe, scan or test the vulnerability of the VTV App, (3) breach the security or authentication measures on the VTV App, (4) attempt to access any information of any other user of the VTV App or any other customer of VTV, (5) use any device, software or routine to interfere or attempt to interfere with the proper working of the VTV App or with any other person's use of the VTV App, (6) use the VTV App or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or (7) solicit the performance of any illegal activity or other activity which infringes the rights of VTV or others.
Before you use the VTV App, you will either be required to register and set up a user ID and password and enter a company code, or to use credentials provided by your employer or contracting party. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password. You are responsible for all activity that occurs under your account by others if you fail to keep this information secure and confidential. You agree to notify VTV immediately of any unauthorized use of your account or password, or any other breach of security.
You may not use anyone else's user ID, password, company code or account at any time without the express permission and consent of the holder of that user ID, password, company code or account and the express consent of your employer or contracting party. VTV cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
VTV's agreement with your employer or contracting party governs the privacy and use of the information that VTV may collect from users. You acknowledge that you are using the VTV App for the sole purposes authorized by your employer or contracting party and acknowledge that no information related to your use of the VTV App is your private information but rather is owned by your employer or contracting party.
The VTV App, including all text, graphics, interfaces and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained in the VTV App is owned, controlled or licensed by or to VTV, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Except as expressly provided in these Terms of Use, no part of the VTV App or any Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or disclosed by you to any other person.
The VTV app is provided "As Is, As Available." VTV does not promise that the VTV App or any content, service or feature of the VTV App will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the VTV App will provide specific results. All information provided on the VTV App is subject to change without notice. VTV cannot ensure that any files or other data you transmit through the VTV App will be free of viruses or contamination or destructive features.
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. VTV DISCLAIMS ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES ABOUT OR RELATED TO YOUR USE OF THE VTV APP. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE VTV APP AND YOUR SOLE REMEDY AGAINST VTV MOBILE FOR DISSATISFACTION WITH THE VTV APP OR ANY CONTENT IS TO STOP USING THE VTV APP.
VTV HAS NO LIABILITY TO YOU FOR ANY REASON. ALL AGREEMENTS REGARDING REMEDIES OR LIABILITY ARE BETWEEN VTV AND YOUR EMPLOYER OR CONTRACTING PARTY.
IN NO EVENT AND UNDER NO LEGAL THEORY, WHETHER TORT, CONTRACT OR OTHERWISE, WILL VTV OR ITS THIRD PARTY LICENSORS BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOSSES RELATING TO INTERRUPTION OF BUSINESS ACTIVITIES OR LOSS OF EVEN IF VTV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES.
You agree to indemnify and hold VTV, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys' fees), made against VTV by any third party due to or arising out of or in connection with (1) your access to or use of the VTV App; (2) your violation of these Terms of Use or any applicable law or regulation, (3) your violation of any rights of any third party; or (4) any disputes or issues between you and any third party. You will pay VTV the cost of defending the claim (including reasonable attorney's fees and expenses) and any damages awarded or fines imposed on VTV.
VTV may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary about any investigation or complaint regarding your use of the VTV App or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) VTV's rights or property or the rights VTV customers. VTV also may disclose your information when VTV determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You agree that VTV may, in its sole discretion and without prior notice, terminate your access to the VTV App and/or block your future access to the VTV App if requested by your employer or contracting party or if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the VTV App. If your license to use the VTV App is terminated, you will cooperate with VTV and your employer and contracting party to remove any their information from your computer or mobile device. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to VTV for which monetary damages would be inadequate. You consent to VTV obtaining any injunctive or equitable relief that VTV deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies VTV may have at law or in equity.
You agree that all matters relating to your access to or use of the VTV App including all disputes, will be governed by the laws of the United States and by the laws of the State of [Texas] excluding: (1) its conflicts of law principles; and (2) the United Nations Convention on Contracts for the International Sale of Goods. You agree to the personal jurisdiction by, and venue in, the state and federal courts in [Texas], and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of purchase for goods and services may be subject to different limitations. You agree to the admissibility of computer records and electronic evidence in any dispute involving these Terms of Use. No class action may be pursued or maintained with respect to any dispute regarding these Terms of Use.
VTV administers and operates the VTV App from its location in the United States of America. Although the VTV App may be accessible outside of the United States, not all features, products or services discussed, referenced, provided or offered through or on the VTV App are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. If you choose to access the VTV App from outside the United States, you may only do so if authorized by your employer or contracting party and you are solely responsible for complying with applicable local laws.
All provisions of these Terms of Use are severable, and the unenforceability or invalidity of any of the provisions will not affect the enforceability or validity of the remaining provisions. These Terms of Use constitute the entire agreement between you and VTV about your use of the VTV App and all other written or oral agreements or understandings previously existing between you and VTV with respect to such use are hereby superseded except to the extent that the agreement between VTV and your employer or contracting party provides otherwise.
© 2008 - 2024 Viridian Transvision. Updated June, 2017.