Virtual.Support Platform Inc TERMS OF SERVICE AND CONDITIONS OF USE
Effective Date: 09-25-2018
Thank you for taking the time to participate in and provide us feedback through Virtual.Support Platform. READ THE TERMS OF SERVICE AND LICENSE AGREEMENT CAREFULLY BEFORE DOWNLOADING, ACCESSING, USING, OR PURCHASING ANY PRODUCT OR SERVICE THROUGH ANY PART OF THE Virtual.Support Platform Inc WEBSITE OR SERVICES, THE Virtual.Support Platform Inc AFFILIATE PROGRAM, OR THE Virtual.Support Platform Inc MOBILE APPLICATIONS (IF AVAILABLE) including our Omni Channel Social Media.
The following are the terms and conditions for use of www.Virtual.Support Platform Inc. and its related services, including any purchases made through the Virtual.Support Platform Inc platform or Affiliate Programs (the "Websites") and the Virtual.Support Platform Inc Mobile Application (as applicable and if available) and its services (the "Applications") (collectively the Website and the Application are referred to as the "Services"), Including any and all affiliated Domains and Services are owned and operated by Virtual.Support Platform Inc ("Virtual.Support Platform Inc," or "us," or "we").
By downloading or using the Application, accessing the Services, continuing to access the Services, purchasing any products through the Services, or submitting any information through the Services, and in consideration for the services Virtual.Support Platform Inc provides to you, YOU (the terms "you" or "yours" includes the person or entity that is accessing the Services as well as any third-parties accessing the Services on your behalf) ARE STATING THAT YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS GOVERNING THE USE OF ALL SERVICES (the "Terms"). Use of the Services is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices, including the class action waiver, contained herein. By participating in this program, you’ll get access to experimental versions of Virtual.Support Platform applications for mobile devices, such as the Virtual.Support for Android or Virtual.Support for iOS app. We may show you confidential, yet to be released products or features and you must be willing to keep those trade secrets.
Virtual.Support Platform Inc provides a platform through which sellers can offer their products or services, affiliates can market the products or services for the sellers, and customers can purchase the products or services from the sellers. If a customer purchases a product or service from a seller, the resulting agreement is solely between the customer and the seller and not with Virtual.Support Platform Inc. The seller, and not Virtual.Support Platform Inc, is responsible for the creation, sale, fulfillment, and shipping (if applicable) of any product or service. Any disputes between customer and seller must be resolved between seller and customer. The terms of customer's purchase of products or services from seller are subject to all terms and conditions contained on the order page, in addition to any terms disclosed by seller.
Sellers and Affiliates are also subject to the applicable Seller Agreement or Affiliate Agreement.
Virtual.Support Platform Inc does not guarantee that any user of the Services will achieve any particular results of any kind through the use of the Services or any products or services sold by any seller through the Services.
Independent Sellers and Affiliates will offer their products and services through the Virtual.Support Platform domains and subdomains as an advertising service. Access through these sub-domains indicates acceptance of a direct relationship betweeen the Independent Business, Artist, or entity and YOU.
II. REGISTRATION, ELIGIBILITY FOR SERVICES, PAYMENT, AND INFORMATION SUBMISSION
Registration. In order to utilize some of the Services' features, you must register and create an account. In order to create an account, you must complete the registration process by providing Virtual.Support Platform Inc with complete and accurate information as prompted by the registration form, including contact information, a user-name, and password. You shall protect your password and take full responsibility for your own and third-party activities that occur under your account. You agree to notify Virtual.Support Platform Inc immediately of any unauthorized use of your account or any other breach of security. If you create an account on behalf of an entity, these Terms bind both you and the entity.
Refusal of Service. Virtual.Support Platform Inc reserves the right, with or without notice, to terminate the account of, or refuse service to, any persons that violate these Terms, violate any party's intellectual property rights, abuse other users of the Services, misuse the Services, or otherwise engage in inappropriate conduct, as determined by Virtual.Support Platform Inc in its sole discretion.
Payment. If you make any purchases through the Services, you agree to pay all applicable charges and fees for those purchases and to comply with the terms of the applicable payment processor. Unless otherwise stated, all prices are stated in U.S. Dollars.
Information Submission and Age Restriction. By submitting any information, including any User Content as defined below, through the Services, you represent and warrant that you are 18 years of age or older, and, if under the age of majority in your province or state, you are either an emancipated minor, or have obtained the legal consent of your parent or legal guardian to enter into these Terms and use the Services. Virtual.Support Platform Inc does not intend to use the Services to collect any information from children under age 18. Pursuant to 47 U.S.C. § 230(d), you are notified that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. For information on providers of such services, contact your information technology professional.
Data Importation. The Services may allow you to import data from a source created by other another program not affiliated with Virtual.Support Platform Inc. If you choose to import content into the Services from any other source, you represent that you have the authority to import that content and that your importation of that content does not violate the rights or terms of any third-parties.
III. MODIFICATIONS TO TERMS OF SERVICE AND OTHER POLICIES
Virtual.Support Platform Inc reserves the right to change or modify any of the terms and conditions contained in these Terms or any policy governing the use of the Services, at any time, by posting the new terms on the Website or Application. The most current version of these Terms will be located on, or available through, the Application and Website. You understand and agree that your access to or use of the Services is governed by the then-current Terms that are effective at the time of your access to or use of the Services. If we make material changes to these Terms, we will notify you by updating the "Updated" date indicated at the top of this page with the date that revisions to these Terms were last made. We will not notify you of any such changes by email or other personal contact. You should revisit these Terms on a regular basis as revised versions will be binding upon you. Any such modification will be effective upon our posting of such new Terms. You understand and agree that your continued access to or use of the Services after the effective date of modifications to the Terms indicates your acceptance of the modifications.
IV. PROPRIETARY RIGHTS
Except as expressly provided for in the non-exclusive license contained in Section X below, Virtual.Support Platform Inc expressly reserves all right, title, and interest in and to the Services and the Services' content, including any copyright, patent, or trademark or other intellectual property right, or federal or province or state right, pertaining thereto.
By enrolling in the Virtual.Support Developers Program you will have the ability to: (a) download, test, evaluate, and analyze the Experimental Software (b) and provide feedback, analysis, suggestions, and comments to Virtual.Support (including, but not limited to, bug reports, and test results) (collectively, “Feedback”) through an email form. When you submit Feedback, Virtual.Support will automatically collect certain information, such as your username, the email address you use to submit the Feedback, and information about your device, network connectivity, and Virtual.Support app information. You will also be able to include other details in the email form, such as a summary and auto-generated screenshot. The Feedback you provide will be accessible to, and may be reviewed by, the Virtual.Support Developers Program team and Virtual.Support developers. Please do not include personal information in your Feedback submission.
By participating in the Virtual.Support Developers Program, you agree that any Feedback you provide will become the property of Virtual.Support and you agree that Virtual.Support may use or otherwise exploit all or part of your feedback or any derivative thereof in any manner or media now known without any further remuneration, compensation or credit to you. You represent and warrant that you have right to enter into this Agreement and assign and grant the rights set forth herein, and that any Feedback which is provided by you hereunder is original work made solely by you and does not infringe any third party intellectual property rights.
V. TRANSACTIONS; PAYMENTS, SUBSCRIPTIONS, AND REFUNDS
Transactions Between Customer And Seller; Release. Virtual.Support Platform Inc provides a platform through which sellers can offer their products or services, affiliates can market the products or services, and customers can purchase the products or services from the sellers. If a customer purchases a product or service from a seller, the resulting agreement is solely between the customer and the seller and not with Virtual.Support Platform Inc. The seller, and not Virtual.Support Platform Inc, is responsible for the fulfillment and/or shipping of any product orders. Any disputes between customer and seller must be resolved between seller and customer. The terms of customer's purchase of products or services from seller are subject to all terms and conditions contained on the order page, in addition to any terms disclosed by seller. Review the terms of your purchase prior to placing your order.
Virtual.Support Platform Inc will not be held responsible and expressly disclaims any liability whatsoever for any claims, demands, injuries, losses or damages direct or indirect of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any product or service sold by a seller to a customer through the Services. By using the Services, you represent, understand, and expressly agree to release and hold Virtual.Support Platform Inc harmless for any claim, demand, injuries, losses or controversy that may arise from any products or services purchased by customer and from any disputes between you and any other user(s) of the Services.
It shall be the sole and absolute responsibility and decision of the customer and seller to determine the nature, type, and scope of services or products to be provided by the seller to the customer, if any, and the price and payment terms for such services. Virtual.Support Platform Inc shall have no role or responsibility whatsoever with regard thereto. Whether a customer chooses a particular product or service is the customer's decision.
Payment Processing Account. Virtual.Support Platform Inc facilitates the customer's payment for a seller's products or services through the use of a payment processor. In order to be eligible to use the Services, you must register and create an account with an Virtual.Support Platform Inc supported payment processor (your "Payment Processing Account"), which includes supplying all information required by such supported payment processor. You are responsible for complying with all requirements for registration with such supported payment processor and for otherwise complying with all applicable terms and conditions located on the supported payment processor's website.
In no event shall Virtual.Support Platform Inc be responsible for ensuring proper registration with the payment processor or proper payment of any sums between customer and seller. All payments from customer to seller for seller's products or services offered through the Services are required to be processed through an Virtual.Support Platform Inc supported payment processor, using your Payment Processing Account, and are subject to all terms and conditions provided on the supported payment processor's website. You are solely responsible for ensuring proper receipt of payments payment of applicable taxes and duties. In no event does Virtual.Support Platform Inc make any representations or warranties of any kind relating to the supported payment processor's website, your Payment Processing Account, or any payments through such account; nor is Virtual.Support Platform Inc liable in any way for any error or omission on the part of any Virtual.Support Platform Inc supported payment processor.
Free Trials. Virtual.Support Platform Inc may offer free trial offers from time to time for the Virtual.Support Platform Inc Services. The failure to cancel your free trial during the stated period will result in you being charged for the associated purchases beginning at the end of the trial period. For more details, please review the specific terms of the free trial offer. Virtual.Support Platform Inc does not guarantee that any portion of the Services will always be available for free.
Subscriptions. Virtual.Support Platform Inc may offer certain Services on a subscription basis. Under such a subscription, you will be charged for the subscription Services every period until you cancel your subscription. Please review the specific terms of your subscription for more information.
Refund Policy. Virtual.Support Platform Inc does not guarantee any refunds. All requests for refunds, and any other dispute regarding a product or service, must be resolved directly between the customer and the applicable seller. The seller may provide a refund policy on the applicable order page. All refunds will be handled by the seller.
Personal Use. You may only use the Application and the Services for your own personal use and not for any commercial use.
VI. THIRD-PARTY SERVICES
The Services may use or provide access to one or more third-parties to process payments, process account or user registrations, or provide other services. Your interactions with any of these third-parties is controlled by the terms and conditions imposed by those third-parties. Any disputes arising regarding a third-party's services must be resolved directly between user and the third-party. Virtual.Support Platform Inc disclaims all warranties or representations regarding any third-party services.
Virtual.Support Platform Inc, in its sole discretion, and without notice to you or any user, may subcontract any Services to be performed by a third-party.
VII. USER-GENERATED/THIRD-PARTY CONTENT
Overview. The Services may, from time to time, allow users and third-parties to upload, post, or otherwise transmit user-generated content, including, but not limited to, photos, videos, reviews, and other forms of data or communications ("User Content").
User Obligations and License; Intellectual Property. You alone own and are solely responsible for all User Content you post, upload, or otherwise transmit (collectively "Post") through the Services and once Posted, it cannot always be withdrawn. You agree not to Post through the Services any User Content which is false, defamatory, infringes upon another party's intellectual property, or is otherwise illegal. By Posting User Content on the Services, you warrant and represent that you have the right to post such information and that such information is truthful and accurate.
License to Use Personal Data for the Services. The other provisions of these Terms notwithstanding, with respect to any Regulated Personal Data (as defined below) that makes up the whole or a part of User Content Posted or otherwise transmitted by you to Virtual.Support Platform Inc, the following conditions shall apply: (i) any licenses or intellectual property rights granted by you to Virtual.Support Platform Inc under these Terms shall be in the form of a revocable, royalty-free, worldwide, non-exclusive license to use, store, copy, perform, display, and distribute such User Content for the purposes of providing the Services or otherwise in accordance with the purpose for which you transmit the Regulated Personal Data to us (each such grant, a "Limited License"), (ii) by posting you (a) represent and warrant that you have the right to grant such Limited License(s), (b) agree to refrain from Posting or otherwise transmitting to Virtual.Support Platform Inc User Content that contains "special categories of personal data" as enumerated in Article 9(1) of the General Data Protection Regulation of the European Union (the "GDPR") (such data, "Sensitive Personal Data"), and (c) represent and warrant that any User Content that you do Post or otherwise transmit to Virtual.Support Platform Inc shall not contain any Sensitive Personal Data. "Regulated Personal Data" means only that subset of "personal data" as defined in Article 4(1) of the GDPR ("Personal Data") of which the processing is actually regulated pursuant to Material and Territorial Scope provisions contained in Articles 2 and 3 of the GDPR.
By Posting User Content, you automatically grant, and warrant and represent that you have the right to grant, Virtual.Support Platform Inc a perpetual, irrevocable, royalty-free, worldwide, non-exclusive, assignable, sublicensable, transferable license to use, store, copy, perform, display, and distribute such User Content for any purpose and to prepare derivative works of, or incorporate into other works, such User Content.
You assume all risks associated with your Posted User Content on the Services, including anyone's reliance on its quality or reliability. By Posting User Content you may expose yourself to liability if, for example, your Posted User Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
Reviews. If you submit a review or rating of a customer, seller, affiliate, or other user of the Virtual.Support Platform Inc Services (if ratings are available), you represent and warrant that your review is accurate and constitutes your opinion and not the opinion of Virtual.Support Platform Inc or any other person. You are solely responsible for the content of your reviews. Do not submit false or defamatory reviews or rating.
Testimonials and Photographs. If you Post or otherwise transmit to Virtual.Support Platform Inc a testimonial statement or photograph or video depicting your results using any service or product, you grant, and warrant and represent that you have the right to grant, Virtual.Support Platform Inc a perpetual, irrevocable, royalty-free, worldwide, non-exclusive, assignable, sublicensable, transferable license to use, copy, perform, display, and distribute the testimonial statement and/or photograph for any purpose, including posting on the Services or using in any Virtual.Support Platform Inc advertising materials.
By Posting or sending any testimonials of your results, you represent that the testimonial statement is true, that you used the service or product as directed, and that the testimonial accurately depicts your experience using the service or product.
If you no longer wish Virtual.Support Platform Inc to use your written testimonial statement or photograph or video, please contact us. If we do not hear from you, we will assume you still stand behind your testimonial statement.
If you received any kind of compensation, whether monetary, in the form of a free service or product, or otherwise, you must notify us of this fact when posting or sending your testimonial.
Rules of Conduct. In addition to all other obligations and terms stated in these Terms, you agree to abide by any rules of conduct or community guidelines posted on the Website or Application. Virtual.Support Platform Inc reserves the right to exclude or suspend any user who violates these rules of conduct, and reserves the right, but does not undertake an affirmative obligation, to remove, screen, or edit any content which is contrary to these rules without prior notice. User Content does not necessarily reflect the opinion of Virtual.Support Platform Inc.
Communications Decency Act. As provided in 47 U.S.C. § 230(c)(1), Virtual.Support Platform Inc is only a distributer, and not the publisher or speaker, of any User Content. As such, Virtual.Support Platform Inc cannot be held liable for making available any User Content which may be false or inaccurate. Any information or opinions contained in the User Content made available through the services are those of their respective authors alone. Virtual.Support Platform Inc does not guarantee the accuracy, completeness, or truthfulness of any User Content. Under no circumstances will Virtual.Support Platform Inc be responsible for any loss or damage resulting from any person's reliance on any User Content.
Reservation of Rights. Subject to Section VIII below regarding the DMCA, and the last sentence of this paragraph, Virtual.Support Platform Inc reserves the right to remove or not remove any User Content from the Services for any reason or no reason at all, in Virtual.Support Platform Inc's sole discretion. This reservation includes the exclusive right to decide whether to publish, withdraw, postpone, or alter any User Content. Virtual.Support Platform Inc reserves the right, but does not undertake any affirmative obligation, to screen, monitor, or filter User Content. Such reservations of rights provided in this paragraph shall not interfere with the rights of data of subjects, if any, under the GDPR.
Information Storage and Access. Virtual.Support Platform Inc reserves the right, in its sole discretion, to determine whether and how long to store User Content and user data, except as qualified by the last sentence of this paragraph. Virtual.Support Platform Inc will not be responsible for any liability related to the deletion or removal or any data or content maintained on the Services or Virtual.Support Platform Inc's servers, provided that such disclaimer of liability shall be limited to the extent required to comply with applicable laws. The first sentence of this paragraph notwithstanding, Virtual.Support Platform Inc will delete Regulated Personal Data as directed by the user in compliance with applicable laws. .
Suggestions. By sending us any ideas, suggestions, documents or proposals ("Feedback"), you agree that (i) your Feedback does not contain the confidential or proprietary information of third-parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, and (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against Virtual.Support Platform Inc and its users any claims and assertions of any rights, whether intellectual property rights or otherwise, contained in such Feedback.
VIII. DIGITAL MILLENNIUM COPYRIGHT ACT
Virtual.Support Platform Inc respects the intellectual property rights of others and complies with safe harbor provisions of the Digital Millennium Copyright Act ("DMCA"), Copyright Act of Canada and Copyright Modernization Act. Bill C-11. Anyone who believes that their work has been reproduced on the Services in a way that constitutes copyright infringement may notify Virtual.Support Platform Inc's designated copyright agent in accordance with Title 17, United States Code, Section 512(c), by providing 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 an 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.
Notifications of claimed infringement should be forwarded to Virtual.Support Platform Inc's designated agent as follows:
Virtual.Support Platform Inc
310 Fifth Ave East Vancouver BC Canada V5T 1H4
Email: help[at]Virtual.Support Platform Inc.
The full legal name and physical address of the service provider is as follows:
310 Fifth Ave East Vancouver BC
Alternate names the public may be likely to use to search for our designated agent include Virtual.Support Platform Inc., Virtual.Support Platform Inc, and www.Virtual.Support Platform Inc..
After receiving a valid DMCA notification of claimed infringement, we will process and investigate the claim and will take appropriate actions under the DMCA, including expeditiously removing or disabling access to any material claimed to be infringing or claimed to be the subject of infringing activity. We will take reasonable steps promptly to notify the user who submitted the material that we have removed or disabled access to such material.
Counter-Notification. If you posted or submitted material to Virtual.Support Platform Inc which Virtual.Support Platform Inc removed or disabled access to pursuant to a DMCA notification of claimed infringement, and you believe your material is not infringing and the material was removed or disabled as a result of a mistake or misidentification, you may send a counter-notification containing the following information in writing to Virtual.Support Platform Inc's designated agent listed above:
1. Your physical or electronic signature;
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 you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which Virtual.Support Platform Inc may be found, and that you will accept service of process from the person who provided the notification of claimed infringement or an agent of such person.
If a valid counter-notification is received by our designated agent, we will send a copy of the counter-notification to the original complaining party informing that person that we will replace the removed material or cease disabling access to it in ten (10) business days. Unless our designated agent first receives notice from the original complaining party that such party has filed an action seeking a court order to restrain the alleged infringement, we will replace or restore access to the material in ten (10) to fourteen (14) business days after our designated agent's receipt of the counter-notification, at our sole discretion.
Virtual.Support Platform Inc reserves the right, in its sole discretion, to terminate accounts for users that are deemed to be repeat copyright infringers.
IX Confidential Information.
The Virtual.Support Developers Program is designed to assist Virtual.Support in researching, analyzing and validating the usability and reliability of certain prospective product features (collectively, the “Purpose”). Virtual.Support may disclose to you certain information (tangible or intangible) that you agree to treat as Confidential Information as set forth below.
Definition. “Confidential Information” means all information disclosed by Virtual.Support, including, without limitation, documents, designs, techniques, specifications, product plans, strategic information, existing or prospective business plans, existing or prospective product study or pilot test objectives and/or results, and other information related to the Purpose. Consistent with the foregoing, Virtual.Support may also disclose Confidential Information related to certain unreleased and experimental product features or plans.
Obligations Regarding Confidential Information. You agree to: (a) use Confidential Information only for the Purpose; (b) not disclose Confidential Information to any third parties (including the sharing of unreleased/experimental product images); and (c) use the same degree of care, but no less than a reasonable degree of care (including reasonable security measures), to prevent the unauthorized use, dissemination or publication of Confidential Information as you would use to protect your own confidential information of like nature.
Remedies. You agree that any breach of this Agreement by you may result in irreparable harm to Virtual.Support, for which damages would be an inadequate remedy and therefore, in addition to its rights and remedies otherwise available at law, Virtual.Support shall be entitled to seek equitable relief, including injunction, in the event of such breach.
No Compensation or Employment
You acknowledge that you are participating in the Virtual.Support Developers Program on a purely voluntary basis, as a means of assisting, and in consideration of the opportunity to assist Virtual.Support to use, implement, and understand various facets of the Experimental Software. Virtual.Support makes no guarantee or representation as to whether or not your Feedback regarding the Experimental Software will be used, and you understand and acknowledge that Virtual.Support will not compensate you for your participation in the Virtual.Support Developers Program. Furthermore, you acknowledge and agree that nothing in this Agreement or in your voluntary submission of Feedback creates any employment relationship between you and Virtual.Support.
X. DEVICE AND WIRELESS CARRIER LIMITATIONS AND DISCLAIMERS
While Virtual.Support Platform Inc attempts to provide all Services and Application features to all users, use of the Application and the Services may be limited for some or all users due to conditions outside of Virtual.Support Platform Inc's control. As a result, not all advertised features may be available to you at all times. Some of these conditions include, but are not limited to, the following: Your mobile device or your wireless carrier may limit the features available to you. Your data or messaging plan may limit your use of the Services. Your wireless voice and/or data signal may make access to the Applications or some of its feature intermittent or unavailable. The Application and its features may not be available in some geographic locations.
Virtual.Support Platform Inc is not liable, and expressly disclaims any representations or warranties, regarding access to the Services or Application through a particular wireless carrier, network, or plan, on a particular device, or in a particular location. Virtual.Support Platform Inc does not guarantee that the Services will always be accessible or available. You are solely responsible for any costs you incur to access the Services or Application through your mobile device.
XI. Virtual.Support Platform Inc MOBILE APPLICATION LICENSE (IF AVAILABLE)
Virtual.Support Platform Inc may, from time to time, choose to make available for download an Virtual.Support Platform Inc mobile Application. If Virtual.Support Platform Inc makes an Application available, the terms of this license apply to your download and use of the Application. Virtual.Support Platform Inc does not guarantee that any Application will be developed or available.
License. In order to use some of the Services' features, you may need to download the Application. Subject to, and in accordance with, these Terms, Virtual.Support Platform Inc grants to You, and You accept from Virtual.Support Platform Inc, a limited, revocable, non-exclusive, and non-transferable license to use the Application, if available. Virtual.Support Platform Inc reserves all rights not expressly granted to You hereunder. This license is automatically revoked if you violate any of these Terms.
Source Code. The grant of this license is not, and shall not be construed as, a grant of any right to You to use, receive or view, copies of source code, schematics, master copies, design materials or other information used by You in creating, developing or implementing the Application, including updates or modifications thereto. Without limiting the foregoing, You shall have no rights to receive any source code for the Application and shall not reverse engineer, disassemble or decompile, or otherwise attempt to derive source code for the Application for any purpose.
Prohibitions. You must not do, or permit others to do, any of the following: (a) copy or modify the Application in any way, except as expressly permitted in these Terms; (b) remove or modify Virtual.Support Platform Inc's copyright notices, trademark, logo, legend or other notice of ownership from any originals or copies of the Application or Services; (c) attempt to view, read, modify, reverse compile, reverse assemble, disassemble or print the Application's source code or object code or other runtime objects or files distributed with the Application; (d) otherwise reverse engineer, modify or copy the look and feel, functionality or user interface of any portion of the Application or Services; (e) rent, lease, distribute (or redistribute), provide or otherwise make available the Application or Services, in any form, to any third party (including in any service bureau or similar environment); (f) use the Application or Services to process the data of third parties; (g) use, install, or make available the Application, in whole or in part, through a wide area network including but not limited to World Wide Web sites, intranets, or Application Service Providers (ASP); or (h) use the Application or Services to infringe on any person's right of privacy. In addition, You will not violate or attempt to violate the security of Virtual.Support Platform Inc's networks or servers, including (x) access data not intended for You or log into a server or account which You are not authorized to access; (y) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper written request and authorization; or (z) attempt to interfere with service to any user, host or network, including by means of submitting a virus, overloading, flooding, spamming, mail bombing or crashing
You are also prohibited from taking any actions in violation of the prohibitions and requirements set forth in Section XIII below.
Infringement. If a third party claims that the Application or the Services infringes its patent, copyright or trade secret, or any similar intellectual property right, Virtual.Support Platform Inc will defend You against that claim at Virtual.Support Platform Inc's expense and pay all damages that a court finally awards, provided that You promptly notify Virtual.Support Platform Inc in writing of the claim, and You allow Virtual.Support Platform Inc to control and You cooperate with Virtual.Support Platform Inc in, the defense or any related settlement negotiations. If such a claim is made or appears possible, You agree to permit Virtual.Support Platform Inc to modify the Application or Services in order to attempt to avoid such claims. If Virtual.Support Platform Inc determines that this alternative is not reasonably available, You agree to uninstall or return the Application on the Virtual.Support Platform Inc's request, and without any further liability or obligation of Virtual.Support Platform Inc. Further, Virtual.Support Platform Inc shall have no obligation whatsoever for any claim based on Your modification of the Application or Your combination, operation, or use with any product, data or apparatus not specified or provided by Virtual.Support Platform Inc. THIS PARAGRAPH STATES Virtual.Support Platform Inc's ENTIRE OBLIGATION TO YOU WITH RESPECT TO ANY CLAIM OF INFRINGEMENT. If no Application is currently available, this provision nonetheless applies to any claim of infringement regarding the Website or Services.
Maintenance or Support. Virtual.Support Platform Inc is not under any obligation to provide maintenance or support for the Application. Virtual.Support Platform Inc may provide maintenance or support for the Application in Virtual.Support Platform Inc's sole discretion.
Uninstallation. You may, at any time, uninstall the Application by utilizing your mobile device's procedures for uninstalling downloaded applications.
Third-Party Terms. You must comply with applicable third-party terms of service when using the Application, including any terms required by your mobile carrier or device manufacturer.
Apple and Google-Specific Terms. The following additional terms and disclosures only apply to you if you use the Application through the Apple or Google operating systems, if available and as applicable:
1. This is a custom end-user license agreement between you and Virtual.Support Platform Inc, and not with Apple. Virtual.Support Platform Inc, and not Apple, is solely responsible for the Application, the Services, and the related content.
2. Virtual.Support Platform Inc grants you the non-transferable right to use the Application on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.
3. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to this Application.
4. In the event of any failure of the Application to conform to any applicable warranty, if any, you may notify Apple, and Apple will refund the purchase price, if applicable, for the Application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of to conform to any warranty, if any, will be the sole responsibility of Virtual.Support Platform Inc.
5. Virtual.Support Platform Inc, and not Apple, is responsible for addressing any claims by you or any third party relating to the Application or your possession and/or use of the Application, including but not limited to: (a) product liability claims; (b) any claim the Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation, including in connection with the Application's use of the third party frameworks, if applicable.
6. In the event of any third party claim that the Application or your possession and use of that Application infringes that third party's intellectual property rights, Virtual.Support Platform Inc, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
7. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
8. Any questions, complaints, or claims with respect to the Application should be directed to Virtual.Support Platform Inc. 310 Fifth Ave East Vancouver BC Canada V5T 1H4 or help[at]Virtual.Support Platform Inc.
9. You must comply with applicable third party terms of agreement when using the Application.
10. Apple and Apple's subsidiaries are third party beneficiaries of these Terms, and, upon your acceptance, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
1. This is a separate end user license agreement between you and Virtual.Support Platform Inc, and not with Google.
2. Subject to, and in accordance with, these Terms and any required payments, Virtual.Support Platform Inc grants to You, and You accept from Virtual.Support Platform Inc, a non-exclusive, worldwide, and perpetual license to perform, display, and use the Application on your device that can access Google Play. The user may include, but is not limited to, a family group, with a family manager and family members whose accounts are joined together for the purpose of creating a family group. Family groups on Google Play are subject to reasonable limits designed to prevent abuse of family sharing features. Users in a family group may purchase a single copy of the Services (except in-app and subscription products, which cannot be shared) and share it with other family members in their family group. This license is automatically revoked if you violate any of these Terms.
3. You are allowed unlimited reinstalls of the Application, unless and until Virtual.Support Platform Inc removes the Application from the Google Play or any other Google-branded distribution platform.
4. Virtual.Support Platform Inc, and not Google, will have the sole responsibility to undertake or handle support and maintenance of the Application or any complaints about the Application, subject to these Terms.
5. Virtual.Support Platform Inc, and not Google, is responsible for addressing any claims by you or any third party relating to the Application or your possession and/or use of the Application, including but not limited to: (a) product liability claims; (b) any claim the Application fails to conform to any applicable legal or regulatory requirement; (c) intellectual property claims; and (d) claims arising under consumer protection, privacy, or similar legislation, if applicable.
6. Virtual.Support Platform Inc, and not Google, is solely responsible for Virtual.Support Platform Inc's breach of any agreement with Google, any applicable third-party contract or terms of service, or any applicable law or regulation.
7. Any questions, complaints, claims, or issues regarding defects or performance issues with respect to the Application should be directed to Virtual.Support Platform Inc. 310 Fifth Ave East Vancouver BC Canada V5T 1H4 or support[at]Virtual.Support Platform Inc.
XII. REPRESENTATIONS, WARRANTIES, AND DISCLAIMERS
Virtual.Support Platform Inc does not represent or warrant and expressly disclaims any warranty that (i) any information provided by the Services will be accurate, (ii) the Services will be error-free or accessible at all times, (iii) defects will be corrected, (iv) the Services or the server that makes the Services available, are free of viruses or other harmful component, (v) the use or the results of the use of the Services or the products or services made available through the Services will be correct, accurate, timely, or otherwise reliable, or (vi) that the Services will be supported on all web browsers or mobile operating systems. It is expressly understood by all users that the Application and the Services may be from time to time be inaccessible, inoperable, or may not provide all features as a result of multiple factors which may or may not be within Virtual.Support Platform Inc's control. These factors may include, but are not limited to, variables in internet, telecommunications, data, cellular or satellite services provided by your wireless carrier to your mobile device, geographic limitations, poor wireless signal strength, periodic maintenance to the Services, malfunctions in the Application or the Services, limitations due to your particular mobile device, or any other reason which may prevent the Application and its services from being accessible at all times. Virtual.Support Platform Inc disclaims any liability as a result of any user's inability to access or use the Application or the Services at a particular time, location, on a particular device, or using a particular wireless provider.
Further, Virtual.Support Platform Inc expressly disclaims any representation or warranty relating to any products or services displayed, described, advertised, sold, offered, reviewed, recommended, linked to, or pictured on or through the Services. Virtual.Support Platform Inc does not endorse any such products or services and does not warrant that any such products or services are available, will meet the user's needs, are appropriate for any particular use, or are of any certain quality. Virtual.Support Platform Inc does not guarantee that any product or service descriptions, reviews, portrayals, specifications, or the like are accurate. Under no circumstances will Virtual.Support Platform Inc be responsible for any loss or damage resulting from any person's reliance on any such product or service descriptions, reviews, or specifications contained on the Services. All products and services made available through the Services are sold by independent sellers and not sold by Virtual.Support Platform Inc.
THE SERVICES AND ANY PRODUCTS SOLD THROUGH THE SERVICES ARE PROVIDED "AS IS" AND THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY Virtual.Support Platform Inc EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SERVICES OR PRODUCTS, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. Virtual.Support Platform Inc DOES NOT WARRANT THAT THESE SERVICES OR PRODUCTS WILL MEET YOUR NEEDS OR BE FREE FROM ERRORS, THAT THE OPERATION OF THE WEBSITE OR APPLICATION WILL BE UNINTERRUPTED, AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR PRODUCTS PROVIDED THROUGH THE SERVICES. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE SERVICES. SOME STATES DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU. ALL PRODUCTS OR SERVICES SOLD THROUGH THE SERVICES ARE SOLD BY THE SELLER AND NOT BY Virtual.Support Platform Inc.
We do not guarantee that the Services, and any products sold through the Services, will be compatible with all software or with all devices.
When you use the Application on your mobile device, your wireless service carrier may charge you data rates, message fees, and related fees.
Virtual.Support Platform Inc EXPRESSLY DISCLAIMS ANY LIABILITY WHATSOEVER FOR ANY CLAIMS, MISSTATEMENTS, AND/OR MISREPRESENTATIONS MADE BY SELLERS AND ALL OTHER USERS OF THE SERVICES. ALL USERS HEREBY REPRESENT, UNDERSTAND AND AGREE TO HOLD Virtual.Support Platform Inc HARMLESS FOR ANY CLAIMS, MISSTATEMENTS, AND/OR MISREPRESENTATIONS MADE BY ANY SELLER AND ALL OTHER USERS OF THIS SERVICES. Virtual.Support Platform Inc DOES NOT ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY SELLER OR USER.
XIV. COMPLIANCE AND PROHIBITED ACTIONS
You will not use the Services in any way or for any purpose that would violate, or would have the effect of violating, any applicable laws, rules or regulations or any rights of any third-parties, including without limitation, any law or right regarding any copyright, patent, trademark, trade secret, or other proprietary or property right, false advertising, telemarketing, unfair competition, defamation, invasion of privacy, rights of celebrity, or other federal or state law, rule, or regulation.
You may not use any information obtained from the Service in order to harass, abuse, or harm another person.
In order to protect the integrity of the Services, Virtual.Support Platform Inc reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Services. You may not use any technologies or processes to circumvent any IP blocks or other mechanism put in place by Virtual.Support Platform Inc to limit, restrict, or prevent access to the Services.
You may not reproduce, copy, bulk download, redistribute, or resell any content contained within the Services without the express written consent of Virtual.Support Platform Inc. You may not use any software, devices, scripts, crawlers, robots, or other automated processes to copy, scrape, or systematically acquire any content contained within the Services without the express written consent of Virtual.Support Platform Inc. You may not frame or mirror any Virtual.Support Platform Inc website or content without the express written consent of Virtual.Support Platform Inc.
You agree to indemnify, hold harmless and defend Virtual.Support Platform Inc, its managers, members, directors, employees, agents, or affiliates (collectively the "Indemnified Parties") at your expense, against any and all third-party claims, actions, proceedings, and suits brought against any of the Indemnified Parties, and against all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys' fees) incurred by the Indemnified Parties arising out of or relating to (i) your breach of any term or condition of these Terms, (ii) your Posting of User Content, (iii) your use of the Services, (iv) your unauthorized use of the Services, or (v) your purchase, sale, or use of any product or service purchased through the Services. In such a case, the Indemnified Party or Parties will provide you with written notice of such claim, suit or action. You shall cooperate as fully as reasonably required in the defense of any claim. The Indemnified Party or Parties will reserve the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
XVI. LIMITATIONS OF LIABILITY NO WARRANTY from Virtual.Support
YOU EXPRESSLY AGREE THAT YOUR PARTICIPATION IN THE Virtual.Support Developers Program IS AT YOUR OWN RISK. THE Virtual.Support Developers Program IS AVAILABLE ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. Virtual.Support EXPRESSLY DISCLAIMS ON ITS OWN BEHALF AND ON BEHALF OF ITS EMPLOYEES, AGENTS, ATTORNEYS, CONSULTANTS, OR CONTRACTORS ANY AND ALL WARRANTIES INCLUDING, WITHOUT LIMITATION (i) ANY WARRANTY OR REPRESENTATION WHATSOEVER REGARDING THE OPERATION OF THE Virtual.Support Developers Program, THE AVAILABILITY, ACCURACY OR CONTENT OF ANY INFORMATION, SERVICES, OR PRODUCTS PROVIDED OR AVAILABLE THROUGH OR IN CONNECTION WITH THE Virtual.Support Developers Program, THE EXPERIMENTAL SOFTWARE, Virtual.Support, AND/OR THE Virtual.Support WEB SITE OR ANY RESULTS OBTAINED THROUGH THE USE THEREOF, AND (ii) THE WARRANTIES OR CONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
IN NO EVENT SHALL Virtual.Support, ITS EMPLOYEES, AGENTS, ATTORNEYS, CONSULTANTS, OR CONTRACTORS BE LIABLE UNDER THIS AGREEMENT FOR ANY CONSEQUENTIAL, SPECIAL, LOST PROFITS, INDIRECT OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF BUSINESS, COST OF COVER WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF Virtual.Support HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN ANY EVENT, Virtual.Support’S, ITS EMPLOYEES’, AGENTS’, ATTORNEYS’, CONSULTANTS’ OR CONTRACTORS’ AGGREGATE LIABILITY UNDER THIS AGREEMENT FOR ANY CLAIM SHALL BE STRICTLY LIMITED TO $100.00. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. You acknowledge that Virtual.Support has entered into this Agreement in reliance upon the limitations of liability set forth herein and that the same is an essential basis of the bargain between the parties.
Virtual.Support Platform Inc WILL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY (A) INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, (B) LOSS OF PROFITS, (C) LOSS OF DATA OR INFORMATION, (D) BODILY DAMAGE OR EMOTIONAL DISTRESS, (E) PROPERTY DAMAGE, OR (F) REPUTATIONAL HARM, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF Virtual.Support Platform Inc HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS OR EXCLUSIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
NOTWITHSTANDING ANYTHING SET FORTH IN THIS AGREEMENT TO THE CONTRARY, Virtual.Support Platform Inc'S CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE SERVICES, OR ANY PRODUCTS SOLD THROUGH THE SERVICES SHALL NOT EXCEED THE GREATER OF (1) THE AGGREGATE FEES PAID BY YOU FOR THE SERVICES DURING THE PREVIOUS SIX (6) MONTHS, OR (2) ONE HUNDRED AND 00/100 DOLLARS ($100.00). YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE WEBSITE, RELATED SERVICES, PRODUCTS, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SERVICES.
XVII. TERMS AND TERMINATION
You may, in your sole discretion, discontinue your participation in the Virtual.Support Developers Program at any time. Our ownership of your already submitted Feedback continues after termination of this Agreement, as do your confidentiality obligations and the various limitations on Virtual.Support's liability.
Virtual.Support may, in its sole discretion, at any time, terminate or discontinue the Virtual.Support Developers Program, discontinue your participation in the Virtual.Support Developers Program, or remove your Feedback. You acknowledge and agree that all such decisions by Virtual.Support are final and Virtual.Support will have no liability with respect to such decisions.
XVIII. PRIVACY, USE, AND DISSEMINATION OF PERSONAL INFORMATION
By providing any personal or non-personal information to Virtual.Support Platform Inc through the Services, or by using the Services, you automatically grant, and warrant and represent that you have the right to grant, Virtual.Support Platform Inc a perpetual, irrevocable, royalty-free, worldwide, non-exclusive, assignable, sublicensable, transferable license to collect, store, use, reproduce, disclose, transfer, and disseminate your collected personal and non-personal information in order to provide the services contemplated under these Terms, to manage your account, to send you communications, or for any other lawful purpose in Virtual.Support Platform Inc's sole discretion.
Virtual.Support Platform Inc, and any third-parties to which Virtual.Support Platform Inc provided your contact information, may contact you via any method of communication you submitted through the services, including, but not limited to, email, cell phone, or text message. By providing Virtual.Support Platform Inc your contact information, you agree to receive communications from Virtual.Support Platform Inc or other third-parties who obtained your contact information from Virtual.Support Platform Inc.
To the extent a seller, affiliate, or customer gathers information about a seller, affiliate, or customer such collection, use, and distribution of that information will be controlled by the collecting party and not by Virtual.Support Platform Inc.
Virtual.Support Platform Inc may support the Services by using advertisements. These advertisements may be targeted to the content or information stored on or submitted through the Services. Advertisements may also be targeted based on information stored in cookies or similar objects on your computer or device, including cookies which track your internet usage across sites and over time. The manner, mode, and extent of advertising on the Services are subject to change without notice. You agree that Virtual.Support Platform Inc may place advertising on the Services and you agree not to block such advertising.
XX. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside and to comply with any other local laws affecting the transmission or posting of content or affecting the privacy of persons.
The U.S. Department of the Treasury, through the Office of Foreign Assets Control ("OFAC"), prohibits U.S. companies from engaging in all or certain commercial activities with certain sanctioned countries (each a "Sanctioned Country") and certain individuals, organizations or entities, including without limitation, certain "Specially Designated Nationals" ("SDN") listed by OFAC. If you are located in a Sanctioned Country or are listed as an SDN, you are prohibited from registering or signing up with, subscribing to, or using the Services. Any use of our services by prohibited persons, will result in immediate account termination, user content removal, and if needed, notification to the US DOT/OFAC.
XXI. APPLICABLE LAW AND VENUE
These Terms shall be governed by and construed under the laws of the state of Canada without reference to its conflicts of law principles. In the event of any conflicts between foreign law, rules, and regulations, and Canada law, rules, and regulations, Canada law, rules and regulations shall prevail and govern, except with respect to or other laws, rules and regulations governing the processing of Personal Data (such laws, rules and regulations, the "Applicable Data Laws"). Subject to the mandatory arbitration provision below, each party agrees to submit to the exclusive and personal jurisdiction of the courts located in Seminole County, Canada. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to these Terms. The products and services provided by Virtual.Support Platform Inc hereunder are controlled by U.S. Export Regulations, and they may not be exported to or used by embargoed countries or individuals. Any notices to Virtual.Support Platform Inc must be sent to:
Virtual.Support Platform Inc.
310 Fifth Ave East Vancouver BC Canada V5T 1H4
via first class or air mail or overnight courier, and are deemed given upon receipt.
XXII. MANDATORY ARBITRATION AND PROHIBITION ON CLASS ACTIONS
Except if Applicable Data Laws require otherwise, the parties hereto agree and understand that any dispute or claim related to your use of the Services, any dispute or claim related to your purchase or use of any products or services sold through the Services, any disputes regarding any alleged breach of these Terms, to the extent such dispute cannot otherwise be resolved, as well as any other action to enforce these Terms or for the breach of these Terms, shall be referred to final and binding arbitration, and not in court. The Federal Arbitration Act and federal arbitration law apply to this agreement.
Any arbitration proceeding will take place in Vancouver BC Canada, subject to the laws of Canada and will otherwise be governed by the then-current commercial arbitration rules of the Canadian Arbitration Association, and the parties hereto expressly waive their rights, if any, to have any such matters heard by a court or jury, or administrative agency whether federal, provinicial or state. The parties in any arbitration to enforce this agreement or remedy its breach will equally share the costs associated with such arbitration proceedings; provided, that, each party shall pay its own attorney's fees. Within fourteen (14) days after the commencement of arbitration, each party shall select one person to act as arbitrator and the two selected shall select a third arbitrator within ten (10) days of their appointment. If the arbitrators selected by the parties are unable or fail to agree upon the third arbitrator, the third arbitrator shall be selected by the American Arbitration Association.
All parties agree that any dispute resolution proceedings (including any arbitrations and any court proceedings) will be conducted only on an individual basis and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Class actions and class arbitrations are prohibited. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Virtual.Support may modify the terms of this Agreement at any time upon notice published on the Virtual.Support Help Center web site. Your continued participation in the Virtual.Support Developers Program after such notice shall be deemed to be continued acceptance of this Agreement including its amendments and modifications.