Terms of Service

 

(Last updated on April 17th, 2012)

The following outlines the Terms of Service (“Agreement”) between you, your company, or any legal entity for which you are registering (“You” or “User” or “Affiliate”) and http://www.vablet.com (“App” or “Service” or “Vablet”).

These terms and conditions govern your use of the Site and the functions or Services provided therein. By completing the registration process for use of the Site, you are agreeing to the terms and conditions outlined herein and thereby represent and warrant that you have read, understand, have the legal capacity to, and hereby agree to be legally bound by these terms and conditions. Also, by registering and agreeing to the Terms of Service on behalf of your company, a third-party, another legal entity or its’ affiliates, you warrant that you have full authority to bind that entity to the terms of this agreement.

PLEASE READ THE TERMS OF SERVICE CAREFULLY. If you have any questions concerning the Terms of Service agreement, please contact: terms@vablet.com.

If you DO NOT AGREE with the terms of Service or you DO NOT HAVE THE AUTHORITY to bind yourself or any entity, you must NOT accept these terms and must NOT use the Site or Services.

THE APP AND THE SERVICE

In order to use the Vablet applications (“App”), individuals must go to the Apple App Store, agree to these Terms of Service, complete the registration process, and install the APP on the device that they intend to use the App. This process must be completed for each singular device that the individual plans to use.

There are two types of Users of the App, administrators (“Administrator”) and non-administrators. The Administrator, upon completing the registration process to set up an account as an Administrator, becomes responsible for all devices using the App under that Administrator’s account and for all subscription fees for that account. The Administrator has control of all of the devices within his/her account and can add, suspend, or delete any of the devices at any time at his/her discretion. Non-administrators use the downloaded App to receive and interact with the data originated from and owned by the Administrator.

TERM/FEES

Vablet is a subscription Service and administrators pay for the ability use of the App to manage data to their non-administrator users. Upon acceptance of the Terms of Service at registration, and on each monthly anniversary date thereafter, based on the number of devices using the App, the Administrator will be charged to a credit card on file or invoiced for the highest number active device accounts during the month in which the Administrator’s account is valid. Fees are charged to the Administrator an individual monthly subscription or through a monthly enterprise invoice. Administrators are obliged to pay all fees agreed to hereunder.

If any Administrator’s account has an unpaid balance or amount due for 15 or more days beyond the due date or an unpaid or outstanding balance of 30 or more days past due for accounts billed through a monthly enterprise invoice, Vablet may suspend the use of the Service until such amounts are paid in full or it may simply cancel Administrator’s account all together.

USE OF SERVICE/USER CONDUCT

All Administrators and non-administrators agree to use the Service in compliance with the Terms of Service and thereby agree not to use the Service in a malicious manner or in any or for any illegal practices.

Users agree also agree that he/she will use only the account assigned to them through the registration process, that he/she will not share his/her user name or password with anyone and that User will not attempt to use any other User’s account, user name and password to enter the Service. Users further agree that he/she will not attempt to impersonate any other person/User by misrepresenting his/her identity as any other than their own identity.

Users agree that he/she will not try to disrupt the Service in any way by attempting to gain access to the accounts, servers, networks, etc. of the Service or to attempt to sell the service to others or to use the service for marketing purposes such as sending unsolicited emails, newsletters, or any materials that constitute a violation of the Terms of Service and the intended use of this site. If there arises any use that may be questionable, Users must contact the Service to determine if the desired use violates the Terms of Service.

Vablet reserves the right, in its sole discretion, to deactivate a User account for any reason or for no reason and may exercise such right at any time, with or without prior notice. By agreeing to the Terms of Service you grant this right.

CONTENT

Content provided by User and used through the Service shall be exclusively owned by User including any and all rights and interest therein. Under no circumstances will Vablet be held accountable for any loss of or damage to customer data. By becoming a User you, the customer, acknowledge that you forfeit the right to hold Vablet accountable for any and all technical errors, including loss of user files (customer data).

Vablet expressly prohibits the use of its Services for the illegal transmission of copyrighted material, and will respond if notified by content owners to disable copyrighted material from being transmitted via its Services. In addition, Vablet may disable or cancel individual accounts if these accounts are found to be illegally transferring copyrighted material. Please refer to the Privacy Policy for a further understanding of this paragraph.

All interactions using Vablet’s App are between the Administrator and their authorized non-administrators only. The Services may contain features and functionalities linking you or providing you with certain functionality and access to third party content, including Web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. We may also provide some content to you as part of the Services. However, Vablet is not an agent of any transacting party nor is it a direct party in any such transaction. Any such activities, and any terms associated with such activities, are solely between you and the applicable third-party. Similarly, we are not responsible for any third party content you access using the Services, and you irrevocably waive any claim against us with respect to such sites and third-party content.

Vablet shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You are solely responsible for your dealings with any third party related to the Services, including the delivery of and payment for goods and services. Should you have any problems resulting from your use of any third party services, or should you suffer data loss or other losses as a result of problems with any of your other service providers or any third-party services, we will not be responsible unless the problem was the direct result of our breaches.

 

PRIVACY POLICY

Vablet has established a Privacy Policy to explain to Users how Vablet interacts with their information, which you can read on our Site. Your use of the Services signifies your acknowledgment of and your agreement to the Vablet Privacy Policy. You further acknowledge and agree that we may disclose your personal information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal process, to enforce these terms and conditions, or, in its sole discretion, to protect the rights, property, or personal safety of Vablet, its employees, users and third parties, and the public, or as otherwise described in the Privacy Policy.

INTELLECTUAL PROPERTY RIGHTS

Except for the rights granted herein, you have no right, title or interest in or to the Service or any content owned by the Service. You agree that Vablet, or its licensors, retain all proprietary right, title and interest, including copyright and all other intellectual property rights, in and to the Service and content, including, without limitation, text, images, and other multimedia data.

You may not attempt to modify, translate, adapt, edit, copy, decompile, disassemble, or reverse engineer any software used or provided for use by the Service.

CANCELATION

Cancelation of an account is effective at the end of the month in which User receives a notice of cancelation from Service. Notification will be sent to User in the form of an email receipt with a cancelation number. If no receipt email is received by User, it is User’s responsibility to follow up with the Service to ensure that the desired cancelation request has been received by the Service and that a cancelation number has been assigned or issued. Any disputes by any User’s that do not have a cancelation number will not be considered valid cancelations. To cancel send an email to: cancel@vablet.com.

LIMITATION OF LIABILITY

IN NO EVENT SHALL VABLET.COM BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT ANY LIMITATION, ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS CONTRACT OR YOUR USE OF THE SERVICE, EVEN IF SUCH VABLET PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

IF YOU ARE DISSATISFIED WITH THE SERVICE, YOU DO NOT AGREE WITH ANY PART OF THIS CONTRACT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY VABLET PARTY WITH RESPECT TO THIS CONTRACT OR THE SERVICE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.

In the event that, notwithstanding the foregoing disclaimers and indemnification, Vablet.com is found responsible to any Vablet User for any reason whatsoever, Vablet’s responsibility shall be limited to the amounts actually paid by such user for Vablet’s services, and shall not include punitive damages or consequential or resulting damages of any nature.

 

JURISDICTION

These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts-of-law principles. Please note that your use of the Services may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Vablet or relating in any way to your use of the Services resides in the courts of California and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of California in connection with any such dispute including any claim involving Vablet or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.

If any part of these terms and conditions are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the agreement shall continue in effect. A printed version of these terms and conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these terms and conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.

By using the Vablet, Users in the European Union understand and consent to the processing of personal information in the United States.

OTHER TERMS

If any part of these terms and conditions are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the agreement shall continue in effect. A printed version of these terms and conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these terms and conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.

MISCELLANEOUS

Vablet may assign this contract, in whole or in part, at any time with or without notice to you. You may not assign this contract, or any part of it, to any other party. Any attempt by you to do so is void. ANY CLAIM RELATED TO THIS CONTRACT OR THE SERVICE MUST BE BROUGHT WITHIN ONE YEAR. THE ONE-YEAR PERIOD BEGINS ON THE DATE WHEN THE CLAIM FIRST COULD BE FILED. IF IT IS NOT, THEN THAT CLAIM IS PERMANENTLY BARRED. THIS APPLIES TO YOU AND YOUR SUCCESSORS. IT ALSO APPLIES TO US AND OUR SUCCESSORS AND ASSIGNS. The failure of Vablet to exercise or enforce any right or provision of the terms and conditions shall not constitute a waiver of such right or provision. The section titles in these terms and conditions are for convenience only and have no legal or contractual effect.