VIGOR TERMS OF SERVICE
Welcome to the onevigor.tv Site – and thank You for visiting. We hope You enjoy the experience!
THESE TERMS AND CONDITIONS (THE “TERMS” OR THIS “AGREEMENT”) ARE A LEGAL CONTRACT BETWEEN YOU (“YOU”) AND VIGOR SYSTEMS, INC. (“VIGOR” OR “US” OR “OUR” OR “WE”). THE TERMS EXPLAIN HOW YOU ARE PERMITTED TO USE AND ACCESS THE WEBSITE LOCATED AT THE URL: onevigor.tv AS WELL AS ALL ASSOCIATED SITES LINKED TO vigorsystemsinc.com BY VIGOR, ITS SUBSIDIARIES AND AFFILIATED COMPANIES (COLLECTIVELY, THE “SITE”) AND ALL SERVICES (AS DEFINED BELOW). BY USING THIS SITE OR THE SERVICES, YOU ARE AGREEING TO ALL THE TERMS; IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE, ANY SERVICES AVAILABLE THROUGH THIS SITE OR ANY INFORMATION CONTAINED ON THIS SITE. BY ACCEPTING THESE TERMS, OR BY ACCESSING OR USING THE SITE OR SERVICES, OR AUTHORIZING AN END USER TO ACCESS OR USE THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU ACCEPT OR AGREE TO THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND SUCH COMPANY OR OTHER LEGAL ENTITY TO THESE TERMS, AND IN SUCH EVENT, “YOU” AND “YOUR” WILL REFER AND APPLY TO SUCH COMPANY OR OTHER LEGAL ENTITY.
- Key Terms.
“Account” means any Vigor accounts or instances created by You or on Your behalf within the Site for use of the Services.
“Authorized End User” means, collectively You and any of Your individual employees, agents, or contractors accessing or using the Services, under the rights granted to You pursuant to these Terms.
“Content” means the data, information, text, messages, media, feedback, materials and content provided by You and/or any Authorized End Users for use in connection with the Site or Services.
“Documentation” means text and/or graphical documentation, whether in electronic or printed format, that describe the features, functions and operation of the Services, which materials are designed to facilitate use of the Services and which are provided by Vigor to You in accordance with these Terms.
“Materials” mean collectively all the text, data, information, software, graphics, photographs and more, including the Documentation, in each case that We make available to You through the Site. Materials include any and all intellectual property embodied in or in connection with the Materials.
“Services” mean any and all services, tools, software, content, applications and functionalities as may be provided by Vigor from time to time through the Site. Certain Services may be subject to additional terms and conditions.
- Changes to Terms.
We may alter the Materials and Services We offer You and/or choose to modify, suspend or discontinue this Site at any time and without notifying You. We may also change, update, add or remove provisions (collectively, “modifications”) of these Terms from time to time. Because everyone benefits from clarity, We promise to inform You of any modifications to these Terms by posting them on this Site and, if You have registered with Us, by describing the modifications to these Terms in an email that We will send to the address that You provided when registering on this Site. To be sure We properly reach Your email inbox, We just ask that You let Us know if Your preferred email address changes at any time after Your registration.
If You object to any such modifications, Your sole recourse shall be to cease using this Site. Continued use of this Site following notice of any such modifications indicates You acknowledge and agree to be bound by the modifications. Also, please know that these Terms may be superseded by expressly-designated legal notices or terms located on particular pages of this Site. These expressly-designated legal notices or terms are incorporated into these Terms and supersede the provision(s) of these Terms that are designated as being superseded.
- General Use of the Site.
We invite You to use this Site for your internal business purposes (“Permitted Purposes”).
In these Terms we are granting You a limited, personal, non-exclusive and non-transferable license to use and to display the Materials; Your right to use the Materials is conditioned on Your compliance with these Terms, and any applicable Additional Terms (as defined below). You have no other rights in this Site or any Materials and You may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of this Site or Materials in any manner. If You make copies of any of this Site while engaging in Permitted Purposes then We ask that You be sure to keep on the copies all of Our copyright and other proprietary notices as they appear on this Site. You acknowledge that certain Services may be subject to additional terms and conditions ( “Additional Terms”) which Additional Terms shall be made available to You prior to registration for such Services.
Unfortunately, if You breach any of these Terms, the above license will terminate automatically and You must immediately destroy any downloaded or printed materials (and any copies thereof).
- Use of the Site and the Services by You and Authorized End Users.
4.1 We appreciate You visiting this Site and allow You to do just that – stop by and leisurely check it out without even registering with Us! However, in order to access certain password-restricted areas of this Site (such as viewing this Site’s blog posts and other Content (as defined below)) and to use certain Services and Materials offered on and through this Site, You must successfully register an account with Us. You may be permitted to invite other persons to register an account with Us, in which case any such additional persons may register and access the Site and Materials in accordance with these Terms.
4.2 If You desire to register for an Account with Vigor, You must submit the following information through the Account registration page on the Site: Name, email, mailing address, billing address, and payment information. Once You have submitted Your Account registration information, Vigor shall have the right to approve or reject the requested registration, in Vigor’s sole discretion. If Your Account is approved by Vigor, You will be sent an e-mail that contains the necessary password creation instructions (“Account Password”) and network links or connections (“Access Protocols”) that will allow You to log-on and access the Services using that password for the first time though the Site. You will have the ability to revise Your Account Password through the settings within the Services. All the information that You provide when registering for an Account through the Site must be accurate, complete and up to date. You may change, correct or remove any information from Your Account by either logging into Your account directly and making the desired changes or contacting Vigor using the contact information at the end of these Terms requesting that we make the change.
- Fees and Payment Terms.
If applicable, You agree to pay all fees or charges to your Account (collectively, “Fees”) based on Vigor’s fees, charges, and billing terms set forth in any order form executed by You with respect to the Services or this Site. We may suspend or terminate Your account and/or access to Our Services and this Site if Your payment is late and/or Your offered payment method (e.g., credit card or PayPal account) cannot be processed. By providing a payment method, You expressly authorize Us to charge the applicable fees on said payment method as well as taxes and other charges incurred thereto at regular intervals, all of which depend on Your particular membership and utilized services. Unless otherwise provided in an order form agreed by You and Us, all such Fees shall be due and payable within thirty (30) calendar days after an invoice is issued by Vigor with respect to such Fees. If You cancel Your account at any time for any reason, You will not receive any refund. If You have a balance due on any account, You agree that Vigor may charge such unpaid fees to your credit card or otherwise bill You for such unpaid fees.
- Electronic Communications.
By using the Site and/or the Services provided on or through the Site, You consent to receiving electronic communications from Vigor. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Site and/or Services provided on or through the Site. These electronic communications are part of Your relationship with Vigor. You agree that any notices, agreements, disclosures or other communications that we send You electronically will satisfy any legal communication requirements, including that such communications be in writing.
- Links to Third Party Sites.
We think links are convenient, and We sometimes provide links on this Site to third-party sites. If You use these links, You will leave this Site. We are not obligated to review any third-party sites that You link to from this Site, We do not control any of the third-party sites, and We are not responsible for any of the third-party sites (or the products, services, or content available through any of them). Thus, We do not endorse or make any representations about such third-party sites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If You decide to access any of the third-party sites linked to from this Site, You do this entirely at Your own risk and You must follow the privacy policies and terms and conditions for those third-party sites.
- Unauthorized Activities.
To be clear, We authorize Your use of this Site only for Permitted Purposes. Any other use of this Site beyond the Permitted Purposes is prohibited and, therefore, constitutes unauthorized use of this Site. This is because as between You and Us, all rights in this Site remain Our property.
Unauthorized use of this Site may result in violation of various United States of America and international copyright laws. Because We prefer keeping this relationship drama-free, We want to give You examples of things to avoid. So, unless You have written permission from Us stating otherwise, You are not authorized to use this Site in any of the following ways (these are examples only and the list below is not a complete list of everything that You are not permitted to do):
- For any public or commercial purpose which includes use of this Site on another site or through a networked computer environment;
- In a manner that modifies, publicly displays, publicly performs, reproduces or distributes any of this Site;
- In a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law;
- To stalk, harass, or harm another individual;
- To impersonate any person or entity or otherwise misrepresent Your affiliation with a person or entity;
- To interfere with or disrupt this Site or servers or networks connected to this Site;
- To use any data mining, robots, or similar data gathering or extraction methods in connection with this Site; or
- Attempt to gain unauthorized access to any portion of this Site or any other accounts, computer systems, or networks connected to this Site, whether through hacking, password mining, or any other means.
- Your Content
Certain areas of this site (e.g., blogs, chat rooms or customer ratings and review areas) may permit You to submit or upload Your Content to the Site. You agree that You are solely responsible for all of Your Content, and any harm resulting from, any Content posted or uploaded by you, and that any such Content is considered both non-confidential and non-proprietary. That is the case regardless of whether Your Content in question constitutes text, graphics, audio files, information, or computer software. Further, We do not guarantee that You will be able to edit or delete any Content You have submitted.
By making Your Content publicly available, you represent and warrant that:
(i) You own all rights in Your Content (including, without limitation, all rights to the reproduction and display of Your Content) or, alternatively, You have acquired all necessary rights in Your Content to enable You to grant to Us the rights in Your Content as described in these Terms;
(ii) The posting, downloading, copying and use of Your Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
(iii) Your Content does not violate any law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
(iv) Your Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
(v) Your Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
(vi) Your Content does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
(vii) Your Content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
(viii) Your Content is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your URL or name is not the name of a person other than yourself or company other than your own;
(ix) Your Content does not include racially, ethnically, obscene, sexually explicit or otherwise offensive language or use the Site to discuss, incite illegal activity or promote hatred against individuals or groups based on race, ethnic origin, religion, disability, gender, age, veteran status, sexual orientation, or gender identity.
You agree to hire attorneys to defend Us if You violate these Terms and that violation results in a problem for Us. You also agree to pay any damages that We may end up having to pay as a result of Your violation. You alone are responsible for any violation of these Terms by You. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You and, in such case, You agree to cooperate with Our defense of such claim.
By submitting Content, You grant to Us an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, royalty-free license (sublicensable through multiple tiers) to:
- Use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display Your Content (or any modification thereto), in whole or in part, in any format or medium now known or later developed;
- Use (and permit others to use) Your Content in any manner and for any purpose (including, without limitation, commercial purposes) that We deem appropriate in Our sole discretion (including, without limitation, to incorporate Your Content or any modification thereto, in whole or in part, into any technology, product, or service);
- Display advertisements in connection with Your Content and to use Your Content for advertising and promotional purposes.
We may, but are not obligated to, pre-screen Content or monitor any area of this Site through which Content may be submitted. We are not required to host, display, or distribute any Content on or through this Website and may remove at any time or refuse any Content for any reason. We are not responsible for any loss, theft, or damage of any kind to any Content. Further, You agree that We may freely disclose Your Content to any third party absent any obligation of confidence on the part of the recipient.
- Proprietary Rights.
“Vigor” and “OneVigor” are trademarks that belong to Us and the Vigor and OneVigor logo are logos that belong to Us. Other trademarks, names and logos on this Site are the property of their respective owners.
Unless otherwise specified in these Terms, all Materials, including the arrangement of them on this Site are Our sole property, Copyright © 2015. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
Subject to the rights granted pursuant to these Terms to You, Vigor retains all right, title and interest in and to the Materials, and You acknowledge that You neither own nor acquire any additional rights in and to the foregoing not expressly granted by these Terms. You further acknowledge that Vigor retains the right to use the foregoing for any purposes in its sole discretion.
- Warranties; Disclaimer of Warranties.
THIS SITE, THE SERVICES AND THE MATERIALS ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS SITE IS WITH YOU.
WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO THIS SITE, THE SERVICES AND THE MATERIALS, WHICH INCLUDE BUT ARE NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, SYSTEM INTEGRATION, DATA ACCURACY, AND QUIET ENJOYMENT.
THIS MEANS THAT WE DO NOT PROMISE YOU THAT THE SITE IS FREE OF PROBLEMS. Without limiting the generality of the foregoing, We make no warranty that this Site will meet Your requirements or that this Site will be uninterrupted, timely, secure, or error free or that defects in this Site will be corrected. We make no warranty as to the results that may be obtained from the use of this Site or as to the accuracy or reliability of any information obtained through this Site. No advice or information, whether oral or written, obtained by You through this Site or from Us or Our subsidiaries/other affiliated companies shall create any warranty. We disclaim all equitable indemnities.
- Limitation of Liability.
WE SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THIS SITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL VIGOR BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, REGARDLESS OF THE NATURE OF THE CLAIM, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, COSTS OF DELAY, ANY FAILURE OF DELIVERY, BUSINESS INTERRUPTION, COSTS OF LOST OR DAMAGED DATA OR DOCUMENTATION, OR LIABILITIES TO THIRD PARTIES ARISING FROM ANY SOURCE, EVEN IF VIGOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION UPON DAMAGES AND CLAIMS IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE.
- Local Laws; Export Control.
We control and operate this Site from Our headquarters in the United States of America and the entirety of this Site may not be appropriate or available for use in other locations. If You use this Site outside the United States of American, You are solely responsible for following applicable local laws.
Any submissions by You to Us (e.g., comments, questions, suggestions, materials – collectively, “Feedback”) through any communication whatsoever (e.g., call, fax, email) will be treated as both non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and We are free to use, without any attribution or compensation to You, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that We are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and You have no right to compel such use, display, reproduction, or distribution.
- Intellectual Property Infringement.
We respect the intellectual property rights of others and encourage You to do the same. Accordingly, We have a policy of removing any of Your Content that violate intellectual property rights of others, suspending access to this Site (or any portion thereof) to any user who uses this Site in violation of someone’s intellectual property rights, and/or terminating in appropriate circumstances the account of any user who uses the this Site in violation of someone’s intellectual property rights.
Pursuant to Title 17 of the United States Code, Section 512, We have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If You believe Your copyright or other intellectual property right is being infringed by a user of this Site, please provide written notice to Our Agent for notice of claims of infringement:
Attn: Legal Department
To be sure the matter is handled immediately, Your written notice must:
- Contain Your physical or electronic signature;
- Identify the copyrighted work or other intellectual property alleged to have been infringed;
- Identify the allegedly infringing material in a sufficiently precise manner to allow Us to locate that material;
- Contain adequate information by which We can contact You (including postal address, telephone number, and e-mail address);
- Contain a statement that You have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner’s agent or the law;
- Contain a statement that the information in the written notice is accurate; and
- Contain statement, under penalty of perjury, that You are authorized to act on behalf of the copyright or other intellectual property right owner.
Unless the notice pertains to copyright or other intellectual property infringement, the Agent will be unable to address the listed concern.
Submitting a DMCA Counter-Notification
We will notify You that We have removed or disabled access to copyright-protected material that You provided, if such removal is pursuant to a validly received DMCA take-down notice. In response, You may provide Our Agent with a written counter-notification that includes the following information:
- Your physical or electronic signature;
- 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;
- A statement from You under the penalty of perjury, that You have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- Your name, physical address and telephone number, and a statement that You consent to the jurisdiction of a court for the judicial district in which Your physical address is located, or if Your physical address is outside of the United States, for any judicial district in which We may be located, and that You will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
Termination of Repeat Infringers
We reserve the right, in Our sole discretion, to terminate the account or access of any user of this Site or Service who is the subject of repeated DMCA or other infringement notifications.
We think direct communication resolves most issues – if We feel that You are not complying with these Terms, We will tell You. We will even provide You with recommended necessary corrective action(s) because We value this relationship.
However, certain violations of these Terms, as determined by Us, may require immediate termination of Your access to this Site without prior notice to You. The Federal Arbitration Act, California state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. Except for disputes subject to arbitration as described above, any disputes relating to these Terms or this Site will be heard in the courts located in San Diego County, California. If any of these Terms are deemed inconsistent with applicable law, then such term(s) shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. By choosing not to enforced any of these Terms, We are not waiving Our rights. These Terms are the entire agreement between You and Us and, therefore, supersede all prior or contemporaneous negotiations, discussions or agreements between Everyone about this Site. The proprietary rights, disclaimer of warranties, representations made by You, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.
- Contact Us.
If You have any questions about these Terms or otherwise need to contact Us for any reason, You can reach Us at Vigor Systems, Inc., 4250 Executive Sq #400, La Jolla, CA 92037, USA or email email@example.com.