Terms of Service
Effective March 20, 2020
These general Terms of Service (“Agreement”) and Viewabo, Inc. (“we” or “Viewabo”) govern a visitor’s (“you” or “Visitor”) use and access to viewabo.com (the “Website”). The terms and conditions of a Customer who subscribes to Viewabo’s services is governed by the terms and conditions of the Services Terms and Conditions executed by Viewabo and Customer.
By (i) accessing or using any part of the Website or (ii) initiating any transaction on the Website, you agree to be bound by the Agreement.
This Agreement includes provisions for binding arbitration on an individual basis – which includes a waiver of a right to a jury trial or a right to file a class action.
Internet technology, and the applicable laws, rules and regulations change frequently. We reserve the right to make changes to this Agreement at any time. Continued access and/or use of the Website in any manner constitutes assent to any new Agreement that may be posted on the Website.
The following terms shall be capitalized throughout this Agreement and shall be defined as follows:
a. Content. The term “Content” shall mean any and all text, data, code, software, graphics, information, images, audio, visual or audiovisual combinations or other materials submitted, uploaded, imported, communicated or exchanged under this Agreement.
b. Visitor Content. The term “Visitor Content” refers to any Content submitted, uploaded, imported, integrated, communicated or exchanged to the Website by Visitor, including any user-generated Content.
c. Viewabo Trademarks. The term “Viewabo Trademarks” shall mean any trademarks, service marks, design marks, symbols, logos and/or other indicia of source owned or used under license by Viewabo, and all goodwill associated therewith.
2. Feedback Submissions License.
We consider any suggestions, ideas, proposals or other material submitted by users, whether solicited or unsolicited, (collectively, the"Feedback") to be non-confidential and non-proprietary. We shall not be liable for the disclosure, use or exploitation of such Feedback. You hereby grant to Viewabo a worldwide, non-exclusive, perpetual, irrevocable, royalty-free and transferable right and license to incorporate, use, publish and exploit the Feedback for any purpose whatsoever, commercial or otherwise, without compensation or accounting.
4. Compliance with Applicable Laws.
Visitor shall comply with any and all applicable U.S. state and federal and international laws, rules and regulations implicated by your use of the Website.
5. Prohibited Conduct.
In your use of the Website, you may not:
- Violate any law, statute, ordinance or regulation;
- Infringe upon any patent, copyright, trademark, trade secret, right of publicity or other third party rights;
- Impersonate another person or entity, misrepresent your affiliation with a person or entity, or create or use a false identity;
- Distribute or transmit any code, virus or any other technologies, whether now known or yet to be developed, that may harm the Website or its users;
- Modify, adapt or hack the Website or modify another Website or mobile application so as to falsely imply that it is associated with the Website;
- Distribute or post spam, unsolicited or bulk electronic communications to the Website or its users;
- Use any robot, spider, scraper or other automated means to access the Website for prohibited or illegal purposes;
- Take any action that imposes, or may impose, an unreasonable or disproportionately large load on the Website’s infrastructure;
- Interfere or attempt to interfere with the proper working of the Website, its services or tools; or
- Bypass the Website’s robot exclusion headers or other measures we may use to prevent or restrict access to the Website.
6. Customer Questions.
Customer questions may be directed by email to email@example.com to address any issues you may have regarding your use of the Website. Most concerns can be quickly resolved in this manner.
7. Binding Arbitration.
EXCEPT AS OTHERWISE STATED HEREIN, any claim or controversy with Viewabo arising out of or relating to the Website and/or this Agreement (including its formation, interpretation, performance and breach) shall be settled by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, excluding any rules or procedures governing or permitting class actions. Any judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The Federal Arbitration Act shall govern the interpretation and enforcement of this Agreement.
ANY ARBITRATION UNDER THIS AGREEMENT WILL BE ON AN INDIVIDUAL BASIS ONLY. THE PARTIES EXPRESSLY WAIVE THEIR RIGHT TO FILE OR JOIN A CLASS ACTION OR PRIVATE ATTORNEY GENERAL ACTION, OR TO CONSOLIDATE THEIR ARBITRATION WITH OTHER ARBITRATIONS. YOU ARE WAIVING YOUR RIGHTS TO HAVE YOUR CASE DECIDED BY A JUDGE OR JURY. IF ANY PROVISION OF THIS ARBITRATION AGREEMENT IS FOUND UNENFORCEABLE, THE UNENFORCEABLE PROVISION SHALL BE SEVERED AND THE REMAINING PROVISIONS SHALL REMAIN ENFORCEABLE.
The AAA’s rules, as well as forms for initiating arbitration proceedings, are available at www.adr.org. When initiating a request to arbitrate with the AAA, you must also send a copy of the completed form to: firstname.lastname@example.org.
Exception – Small Claims Court Claims. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in small claims courts for disputes or claims within the scope of that court’s jurisdiction.
8. The Website’s Intellectual Property
a. Copyrights. The Website’s logos, design, text, graphics, and other files, and the selection arrangement and organization thereof, are owned by Viewabo, Inc. All rights reserved.
b. Trademarks. The Website and its logos, page headers, custom graphics, button icons and scripts are trademarks or trade dress of Viewabo, Inc.
c. Ownership and Use. Unless otherwise stated herein, nothing in this Agreement or your use of the Website gives you a right or license to use any of our copyrights, trade names, trademarks, service marks, logos, domain names, or any other intellectual property rights.
NOTICE OF CLAIMED COPYRIGHT INFRINGEMENT. If you have a good faith belief that your copyright has been infringed, you can download and submit a Notice of Claimed Infringement to Viewabo’s Designated Agent by email: email@example.com.
10. DISCLAIMER OF WARRANTIES
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. VIEWABO DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, ITS SERVICES OR USE (I) WILL BE UNINTERRUPTED, TIMELY OR SECURE, (II) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS, (III) WILL MEET YOUR REQUIREMENTS, OR (IV) WILL OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE YOU USE. EXCEPT WHERE PROHIBITED BY LAW, VIEWABO EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT AND WILL NOT BE LIABLE FOR YOUR USE OF OR RELIANCE ON THE WEBSITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND SERVICES.
11. LIMITATION OF LIABILITY.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER VIEWABO NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE CONTENT OR WEBSITE WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOST PROFITS, SECURITY BREACH, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE WEBSITE, EVEN IF VIEWABO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL VIEWABO’S AGGREGATE LIABILITY, OR THAT OF ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR OF THE INABILITY TO USE, THE WEBSITE, EXCEED THE FEES PAID TO VIEWABO IN THE THREE (3) MONTHS PRIOR TO THE EVENT GIVING RISE TO YOUR CLAIM, WHICHEVER IS GREATER.
To the maximum extent permitted by law, Visitor agrees to indemnify, defend and hold harmless Viewabo, and its subsidiaries, affiliates, officers, directors, shareholders, employees, representatives, agents, volunteers, attorneys, managers, licensors, business partners and each of their respective successors and assigns (the “Indemnified Parties”) from and against all damages, losses, liabilities, claims, expenses, fees or costs (including, without limitation, reasonable attorneys’ fees and costs) incurred in connection with any claim, demand or action brought or asserted against any of the Indemnified Parties arising out of or relating to Visitor’s (i) use of the Website (ii) breach of this Agreement, (iii) violation of any third party right, including without limitation any intellectual property right, publicity, property or privacy right, and/or (iv) a breach of Visitor’s representations and warranties under this Agreement.
13. Force Majeure.
Viewabo will not be liable or responsible for any delays in providing the Website, or for failing to provide the Website, as a result of any event beyond its reasonable control, including, without limitation, adverse weather conditions, internet outage or interruption of service, telecommunications or power outage, fire, flood, civil disobedience, labor disruptions, strikes, lockouts, freight, embargoes, terrorism, natural disaster, war or acts of God.
14. No Agency.
No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this Agreement.
The validity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement.
Our employees, volunteers or agents are not authorized to vary this Agreement. No modification of this Agreement shall be effective unless it is in writing and either signed by an authorized representative of Viewabo or posted on the Website.
17. Choice of Law.
This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of California, without regard to or application of California’s conflict of law principles. The parties consent to the jurisdiction of the State of California, and venue in the County of Santa Clara, with regard to any controversy or claim arising out of or relating to this Agreement, or the breach thereof.
You shall not assign any of the rights or obligations under this Agreement without the prior written consent of Viewabo, which consent shall not unreasonably be withheld. Viewabo may at any time assign, transfer or subcontract any or all of its rights or obligations under this Agreement without your consent.
19. Successors and Assigns.
This Agreement is binding on and inures to the benefit of the parties and their respective successors and permitted assigns.
20. No Waiver.
No failure or delay by a party exercising any right, power or privilege under this Agreement will operate as a waiver thereof.
Headings are for reference purposes only and do not limit the scope or extent of such section.
All notices required or permitted to be given under this Agreement will be in writing and delivered to: Viewabo, Inc. 855 El Camino Real, Ste 13A-240, Palo Alto, CA 94301 or by email at firstname.lastname@example.org. All notices will be sent to you by email or will be conspicuously posted on the Website.
23. Entire Agreement.
This Agreement comprises the entire agreement between the parties and supersedes all prior or contemporaneous agreements, written or oral, between the parties regarding the subject matter contained herein.
24. Complaints - California Residents.
If you are a California resident, in accordance with California Civil Code Section 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Affairs of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.