Welcome to VIACK Corporation and its
website viack.com. VIACK Corporation provides this website (www.viack.com) to you, subject to
these Terms of Use. It spells out what you can expect from us and what we expect
from you. By accessing any areas of viack.com, users ("Users") agree to be
legally bound and to abide by the terms set forth below. VIACK and viack.com is
owned and operated by VIACK Corporation. Any references herein to VIACK shall be
deemed to refer to VIACK Corporation and/or viack.com, as applicable under the
circumstances.
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TRADEMARKS
VIACK, VIACK Corporation and the VIACK logo are registered trade and service
marks, VIA3 is a registered trademark, and Secure Communications—No Compromise
is a trademark of VIACK Corporation. All other products or service names are
property of their respective owners. © 2007. All rights reserved. These and
other VIACK graphics, logos, service marks and trademarks of VIACK Corporation
may not be used without prior written consent of VIACK or its affiliates, as the
case may be. All other trademarks, product names, and company names and logos
appearing on VIACK Corporation website are the property of their respective
owners.
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CONTENT
PROPRIETARY RIGHTS
User acknowledges that www.viack.com
contains information, data, software, photographs, graphs, videos, typefaces,
graphics, music, sounds, and other material (collectively "Content") that are
protected by copyrights, trademarks, trade secrets, or other proprietary rights,
and that these rights are valid and protected in all forms, media and
technologies existing now or hereinafter developed. All Content is copyrighted
under the U.S. copyright laws, and VIACK Corporation owns a copyright in the
selection, coordination, arrangement, and enhancement of such Content. User may
not modify, remove, delete, augment, add to, publish, transmit, participate in
the transfer or sale of, create derivative works from, or in any way exploit any
of the Content, in whole or in part. If no specific restrictions are displayed,
Users may make copies of select portions of the Content, provided that the
copies are made only for User's personal use and that User maintains any notices
contained in the Content, such as all copyright notices, trademark legends, or
other proprietary rights notices. Except as provided in the preceding sentence
or as permitted by the fair use privilege under the U.S. copyright laws (see,
e.g., 17 U.S.C. Section 107), User may not upload, post, reproduce, or
distribute in any way Content protected by copyright, or other proprietary
right, without obtaining permission of the owner of the copyright or other
propriety right. In addition to the foregoing, use of any VIACK software shall
be governed by the software license agreement accompanying such software.
EXPORT
The U.S. export control laws regulate the export and re-export of technology
originating in the United States. This includes the electronic transmission of
information and software to foreign countries and to certain foreign nationals.
User agrees to abide by these laws and their regulations and not to export,
re-export or import the VIACK software except as authorized by United States
law, including but not limited to the Export Administration Act and the Arms
Export Control Act, and, if applicable, the laws of any other jurisdiction in
which the VIACK software is obtained. In particular, but without limitation, the
VIACK software may not be downloaded by or exported or re-exported to (a) any
U.S. embargoed countries or countries designated by the U.S. to have supported
international terrorism (including Cuba, Iran, Libya, North Korea, Sudan and
Syria), (b) any resident or national of a U.S. Embargoed Country or terrorist
supporting country, or (c) anyone on the U.S. Treasury Department's list of
Specially Designated Nationals or the U.S. Department of Commerce Denied
Person's List or Entity List.
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DISCLAIMERS AND LIMITATION OF LIABILITY
User expressly agrees that use of VIACK's site and service is at User's sole
risk. Neither VIACK Corporation, nor its affiliates, nor any of their officers,
directors, or employees, agents, third-party content providers, merchants,
sponsors, licensors (collectively, "Providers"), or the like, warrant that
websites affiliated with VIACK Corporation, including but not limited to
viack.com, will be uninterrupted, error-free, virus free or free of other
defects. The information, products and services published on this website may
contain inaccuracies or typographical errors. The Providers make no warranty as
to the results that may be obtained from the use of VIACK's websites or as to
the accuracy, reliability, or currency of any information content, service, or
merchandise provided through VIACK's websites.
This site may link you to other sites on the Internet. These sites are not
under the control of VIACK, and the existence of a link on VIACK's site does not
imply any endorsement of the linked sites by VIACK or any affiliation between
VIACK and the owners of the linked sites. VIACK makes no warranties or
representations, and disclaims all liability, relating to the accuracy, content,
legality, reliability, currency, decency or any other aspect of the linked
sites. You agree that VIACK has no responsibility to you with respect to such
material.
THIS SITE IS PROVIDED BY VIACK CORPORATION ON AN "AS IS" AND "AS AVAILABLE"
BASIS. VIACK CORPORATION AND THE PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES
OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, OR THE
INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS SITE. TO THE FULL
EXTENT PERMISSIBLE BY APPLICABLE LAW, VIACK CORPORATION AND THE PROVIDERS
DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH REGARD TO THE
INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES AVAILABLE ON THIS SITE,
INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE.
VIACK CORPORATION AND THE PROVIDERS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY
KIND ARISING FROM THE USE OF OR INABILITY TO USE THIS SITE, INCLUDING BUT NOT
LIMITED TO DIRECT, INDIRECT, INCIDENTAL PUNITIVE AND CONSEQUENTIAL DAMAGES. NO
ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY VIACK CORPORATION NOR ITS
AFFILIATES, NOR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS,
OR THE LIKE, SHALL CREATE A WARRANTY OF ANY KIND; NOR SHALL USER RELY ON ANY
SUCH INFORMATION OR ADVICE. THE LIMITATION OF THIS PARAGRAPH SHALL APPLY
NOTHWITHSTANDING ANY RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM WWW.VIACK.COM OR THAT RESULT FROM MISTAKES,
OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES,
DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR
NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR
UNAUTHORIZED ACCESS TO VIACK CORPORATION'S RECORDS, PROGRAMS, OR SERVICES, AND
WHETHER OR NOT VIACK CORPORATION AND/OR ANY OTHER PROVIDERS HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH
SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH WWW.VIACK.COM AND ALL OTHER WEBSITES AFFILIATED
WITH VIACK CORPORATION. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH
JURISDICTIONS LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
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STANDARD MAINTENANCE HOURS AND SYSTEM UNAVAILABILITY
VIACK generally reserves a four-hour time period on Saturdays, 01:00 to 05:00
AM Eastern Time (ET) during which it may perform standard maintenance operations
and the Software and Services may not be available for use. At other times, it
may be necessary for VIACK to perform emergency or other non-standard
maintenance operations that cannot be completed during the standard maintenance
period. All or a portion of the Software and Services may be unavailable for use
during such periods.
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ONLINE CONDUCT
User agrees to use www.viack.com and
VIACK's software only for lawful purposes. Unacceptable uses of the site include
without limitation: (i) engaging in, planning or communicating in furtherance of
any illegal activity; (ii) disseminating or transmitting statements or material
that, to a reasonable person, may be abusive, obscene, pornographic, defamatory,
harassing, grossly offensive, vulgar, threatening or malicious; (iii) uploading,
posting, copying, streaming, creating, displaying, disseminating, distributing
or transmitting files, graphics, software or other material that contains,
consists of, is protected by, and/or actually or potentially infringes upon the
copyright, trademark, patent, trade secret, publicity, privacy or other
intellectual property rights of another person, unless the User has the proper
authority to do so; (iv) creating a false identity or otherwise attempting to
mislead any person as to the identity or origin of any communication or data
transmission; (v) exporting, re-exporting or permitting the downloading of any
message, software or content in violation of any export or import law,
regulation or restriction of the United States and its agencies or authorities,
or without all required approvals, licenses or exemptions; (vi) interfering
with, disrupting or attempting to gain unauthorized access to accounts of other
VIACK customers or to any computer network; (vii) disseminating or transmitting
viruses, worms, Trojan horses, spyware, time bombs, cancelbots or any other
malicious or invasive code, script or program; (viii) engaging in, planning or
communicating in furtherance of any acts of terrorism; (ix) engaging in any act
or attempt to probe, scan or test the vulnerability of any computer, system or
network; (x) engaging in any act or attempt to breach, circumvent or otherwise
avoid security or authentication measures used to protect any file, computer,
system, or network; (xi) sending, initiating or attempting to send or to
initiate unsolicited commercial messages to another person, whether or not such
messages otherwise comply with applicable federal and state laws; (xii) engaging
in any act or attempt to jam, flood, overload or otherwise disable the website,
software and/or the services provided by VIACK; or (xiii) engaging in any other
activity deemed by VIACK to be in conflict with the spirit or intent of this
site and/or your contract with VIACK.
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CREDIT AND CREDIT CARD AUTHORIZATION
You must have and maintain satisfactory credit, as determined solely by
VIACK, in order to receive and to continue receiving services or to purchase
products available on or through this site. VIACK will verify your credit before
agreeing to provide any products or services and is authorized to conduct
periodic, updated verifications of your credit if you make repeated use of the
site. You agree to provide VIACK with all information reasonably requested by
VIACK and authorize VIACK to obtain credit reports from commercially available
credit bureaus for this purpose. VIACK's credit verification process may include
its own review of the information that you provide, review of credit reports
from credit bureaus, review of any other information that lawfully comes to
VIACK's attention or into its possession, and any combination thereof. If at any
time VIACK determines in its sole discretion that you are not creditworthy or
that payment for products or services may not be made when due, VIACK may refuse
to provide you with a requested product and/or may suspend the provision of
services to you and require that you provide a satisfactory guarantee of payment
before VIACK provides the requested product and/or resumes the provision of
services. If you have authorized payment for any product or services by credit
card or by debiting a bank account, no additional notice or consent is required
before VIACK invoices the credit card or debits the bank account for all amounts
due and payable. By providing VIACK with a credit card or bank account number,
you agree that VIACK is authorized to invoice and/or debit your account for all
fees and charges due and payable to VIACK as a result of your purchase of a
product or use of the site and services. You agree that VIACK may invoice your
credit card or debit your bank account, as appropriate, immediately upon your
request to purchase a product available on the site and periodically on the
first of each month or as soon thereafter as practicable, for services you are
using through the site. You must immediately notify VIACK of any change in your
invoicing address or of the credit card or bank account used for payment.
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PRIVACY POLICY
In accordance with the terms of the VIACK Corporation Privacy Policy, VIACK
holds the privacy of its users and clients with the utmost respect. Please refer
to VIACK's privacy policy for more information.
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TERMINATION OF USAGE
VIACK Corporation may terminate User's access, or suspend any User's access
to all or part of www.viack.com or its
software, without notice, for any conduct that VIACK Corporation, in its sole
discretion, believes is in violation of any applicable law, inhibits or
restricts the ability of other users to use or enjoy the site or otherwise
constitutes and unacceptable use of the site.
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APPLICABLE LAW AND ARBITRATION
This site is created and controlled by VIACK Corporation in the State of
Arizona. As such, the laws of the State of Arizona will govern these
disclaimers, terms and conditions, without giving effect to any principles of
conflicts of laws. VIACK Corporation reserves the right to make changes to its
site and these disclaimers, terms and conditions at any time. User hereby
irrevocably and unconditionally consents to jurisdiction in the State of
Arizona. All disputes relating to or arising out of these Terms of Use shall be
resolved by binding arbitration under the Commercial Arbitration Rules of the
American Arbitration Association. This provision shall apply regardless of the
exact nature of the claim or legal theory being asserted. The parties are not
required, however, to use the AAA to administer the arbitration procedure and
may instead jointly agree to submit the dispute to a mutually agreeable
arbitrator, or if the parties are unable to agree upon a single arbitrator, to a
panel of three arbitrators. In such case, each party may select one arbitrator,
and the two selected arbitrators will choose the third, who will serve as the
presiding arbitrator in the action. The location of the arbitration shall be
exclusively in Phoenix, Arizona. The arbitrator(s) will have the authority to
award reasonable costs and attorney's fees to the prevailing party. The decision
of the arbitrator(s) shall be final and binding upon the parties, and a judgment
on the award rendered by the arbitrator may be entered in any court of competent
jurisdiction. If any party files a judicial or administrative action asserting a
claim that is subject to arbitration under this provision, and another party
successfully stays such action or compels arbitration, then the party filing the
action must pay the successful party's costs and expenses incurred in seeking
the stay or compelling the arbitration, including its attorney's fees.
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WAIVER/SEVERABILITY
The failure of VIACK Corporation to require or enforce strict performance by
User of any provision of these Terms of Use or to exercise any right under them
shall not be construed as a waiver or relinquishment of VIACK Corporation's
right to assert or rely upon any such provision or right in that or any other
instance.
The provisions of these Terms of Use are intended to be severable. If for any
reason any provision of these Terms of Use shall be held invalid or
unenforceable in whole or in part by any court of competent jurisdiction, such
provision shall, as to such jurisdiction, be ineffective to the extent of such
determination of invalidity or unenforceability without affecting the validity
or enforceability thereof in any other manner and without affecting the
remaining provisions hereof, which shall continue to be in full force and
effect.
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DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE
The Digital Millennium Copyright Act (DMCA) provides recourse to copyright
owners who believe that their rights under the United States Copyright Act have
been infringed by acts of third parties over the Internet. If you believe that
your copyrighted work has been copied without your authorization and is
available on this site in a way that may constitute copyright infringement, you
may provide notice of your claim to VIACK's designated agent listed below. For
your notice to be effective, it must include the following information: (1) A
physical or electronic signature of a person authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed; (2) Identification of
the copyrighted work claimed to have been infringed, or, if multiple copyrighted
works at a single online site are covered by a single notification, a
representative list of such works at that site; (3) Identification of the
material that is claimed to be infringing or to be the subject of infringing
activity and that is to be removed or access to which is to be disabled, and
information reasonably sufficient to permit the service provider to locate the
material; (4) Information reasonably sufficient to permit the service provider
to contact the complaining party, such as address, telephone number, and, if
available, an electronic mail address at which the complaining party may be
contacted; (5) A statement that the complaining party has a good faith belief
that use of the material in the manner complained of is not authorized by the
copyright owner, its agent, or the law; and (6) A statement that the information
in the notification is accurate and under penalty of perjury, that the
complaining party is authorized to act on behalf of the owner of an exclusive
right that is allegedly infringed.
If a third party has wrongly filed a copyright infringement notice with VIACK
against you, and your access to the allegedly infringing material has been
disabled, you have the right to provide VIACK's designated agent with a counter
notification. That notification must include the following information: (1)
Physical or electronic signature of the subscriber; (2) Identification of the
material that has been removed or to which access has been disabled and the
location at which the material appeared before it was removed or access to it
was disabled; (3) A statement under penalty of perjury that the subscriber has a
good faith belief that the material was removed or disabled as a result of
mistake or misidentification; and (4)The subscriber's name, address, telephone
number and e-mail address, and a statement that the subscriber consents to the
jurisdiction of the Federal District Court for the judicial district in which
the address is located, or if the subscriber's address is outside of the United
States, for any judicial district in which the service provider may be found,
and that the subscriber will accept service of process from the person who
provided notification or an agent of such person.
VIACK's Designated Agent is:
Neil E. Woodruff
VIACK
Corporation
14811 N. Kierland Blvd., Suite 100
Scottsdale, AZ
85254
Phone: 480.735.5900
Fax: 480.735.5901
E-mail: info@viack.com
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ACKNOWLEDGMENT
The Terms of Use, including all documents referenced herein, and together
with any license and/or services agreement that you may have, represents the
entire understanding between you and VIACK Corporation regarding your
relationship with VIACK Corporation. YOU AGREE TO BE BOUND BY THE TERMS OF USE
by using the viack.com website. The aforementioned Terms of Use are subject to
change at any time without notice. It is your obligation to check this page
frequently to see any recent changes. Your use of the site constitutes and
acceptances of all changes in these Terms of Use.