Subject to the terms of this Agreement, Company grants you a limited, non-exclusive and non-transferable license to download, install and use the Application for your own personal, non-commercial use, on a single Mobile Device.
You acknowledge and agree that the Application is provided under license, and not sold, to you. You do not acquire any ownership interest in the Application under this Agreement, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions and restrictions, under this Agreement. Company and its licensors and service providers reserve and shall retain their entire right, title and interest in and to the Application, including all copyrights, trademarks and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
Company may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality.
Based on your Mobile Device settings, when your Mobile Device is connected to the internet either:
You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.
Viskoot accepts payment by Visa, MasterCard, and American Express. You shall provide valid credit card information for payment of repair services and/or replacement products ordered through the Application, and you agree that such credit card will be charged all applicable fees and other amounts owed for such repair services (including, without limitation, parts and labor) and/or the cost of such replacement products.
If the Application is not able to process your payment for the applicable repair services and/or replacement products using the credit card information you provided, Viskoot reserves the right to withhold all repair services and/or shipment of all replacement products until a valid form of payment is provided. You hereby authorize Viskoot or its applicable payment processor to contact your credit card issuer regarding information required to complete a transaction. Viskoot reserves the right to collect any unpaid or outstanding balances you may owe directly or indirectly, through a collection agency of Viskoot’s choosing, the costs of which shall be borne by you.
All repair service fees including, but not limited to, parts and labor, are non-refundable once an End User has authorized the technician to proceed with a repair.
New replacement products may be eligible for return. When your products arrive, please inspect the packaging and the contents for damage and defects. If the product packaging is damaged, or the product itself appears to be damaged, or does not function as intended, you must notify us within 7 days from the date the item is delivered.
In order to initiate a return, please email email@example.com. All new replacement products that are returned are subject to inspection by the applicable manufacturer prior to any credit/refund authorization. A Return Authorization must be obtained before returning products. We cannot accept any returns without prior manufacturer authorization.
The following conditions must be met for any authorized return:
Notwithstanding anything in this Agreement to the contrary, the following are not returnable:
Refunds for returned products will be credited back to the original method of payment, less a 20% restocking fee and all applicable shipping and handling charges.
All applicable Sales Tax will be charged on all repair services and replacement products fees.
THE APPLICATION IS PROVIDED TO YOU "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SERVICE PROVIDERS, SUCCESSORS OR ASSIGNS (THE “RELEASED PARTIES”), EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND, THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE USE OF ANY REPAIRED OR RELACEMENT PRODUCTS PURCHASED THROUGH THE APPLICATION IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY AND THE OTHER RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO ANY REPAIR SERVICES OR REPLACEMENT PRODUCTS, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. ALL REPAIR SERVICES AND REPLACEMENT PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" (AND YOU RELY ON THEM SOLELY AT YOUR OWN RISK). YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS FOR ANY OF THE PRODUCTS DURING SHIPMENT TO THE APPLICABLE MANUFACTURER’S REPAIR FACILITY, AND NONE OF THE RELEASED PARTIES ARE LIABLE FOR ANY CLAIM ATTRIBUTABLE TO ANY OF THE FOREGOING. YOU ALSO ASSUME FULL RESPONSIBILITY AND LIABILITY FOR ALL CONSEQUENCES, CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES, LIABILITIES, DAMAGES, INJURIES, COSTS, EXPENSES, PENALTIES, ATTORNEYS’ FEES, JUDGMENTS, SUITS, OR DISBURSEMENTS OF ANY KIND OR NATURE WHATSOEVER RELATED TO USAGE OF THE APPLICATION, THE REPAIR SERVICES AND REPAIRED AND REPLACEMENT PRODUCTS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SERVICE PROVIDERS, SUCCESSORS OR ASSIGNS HAVE ANY LIABILITY FOR DAMAGES, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHERWISE, ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION, THE PERFORMANCE OF ANY REPAIR SERVICES OR THE USE OF ANY REPAIRED OR REPLACEMENT PRODUCTS.
COMPANY DOES NOT ASSUME, AND EXPRESSLY DISCLAIMS, ANY RESPONSIBILITY OR LIABILITY FOR: (i) THE ACCURACY OR QUALITY OF ANY INSPECTION REPORT, REPAIR SERVICE OR THE PERFORMANCE OF ANY PRODUCTS; AND (ii) ANY HARM TO PATIENTS OR USERS OF THE APPLICATION THAT RESULTS FROM USE OF ANY PRODUCTS PURCHASED THROUGH THE APPLICATION OR A REPAIR REQUEST PROCESSED THROUGH THE APPLICATION. COMPANY HAS NO ROLE IN SETTING THE COST OF REPAIR SERVICES OR NEW REPLACEMENT PRODUCTS. ALL FEES ARE SET BY THE APPLICABLE MANUFACTURER.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
You agree to indemnify, defend and hold harmless Company and its members, officers, directors, employees, agents, affiliates, licensors, service providers, successors and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys' fees and related expenses, arising from or relating to your use or misuse of the Application or your breach of this Agreement. Furthermore, you agree that Company assumes no responsibility for the information you submit or make available through the Application.
The Application may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export or release is prohibited by law, rule or regulation. You shall comply with all applicable federal laws, regulations and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing or otherwise making the Application available outside the US.
VISKOOT and any names, marks, logos, symbols, tag lines, graphics, intellectual property related to the brand and marketing materials associated with the Application (the “Viskoot Marks”) are the exclusive property of Company. End User has no right, title or interest in or to the Viskoot Marks and use of the Viskoot Marks without the prior written consent of Company is strictly prohibited.
If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
This Agreement is governed by and construed in accordance with the laws of the Commonwealth of Virginia without giving effect to any choice or conflict of law provision or rule.
Any and all notices or other communications required or permitted by this Agreement shall be in writing and will be deemed delivered when personally delivered to the party to whom it is addressed, or in lieu of such personal services, two (2) business days after deposit with FedEx, UPS or USPS express courier service with instructions to deliver on the following business day, postage pre-paid, addressed to such party. Notices and other communications may also be properly given by electronic mail and shall be deemed to be received upon electronic confirmation of receipt thereof. Either party may change its address for the purpose of this provision by giving written notice of such change to the other.
Any and all controversies, disputes, demands, counts, claims, or causes of action between you and Company or its successors or assigns shall exclusively be settled through binding and confidential arbitration. Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law.
Unless otherwise agreed upon by the parties in writing, the arbitration will be conducted before one arbitrator in Alexandria, Virginia, and will be governed by the American Arbitration Association’s (“AAA”) Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively, the “Rules and Procedures”).
To the fullest extent permitted by applicable law, you and Company must abide by the following rules:
Notwithstanding anything to the contrary in this Agreement, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the state of Virginia.
You and Company will cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. Nothing in this Agreement will prevent a party’s use of other discovery procedures available under applicable law in advance of the arbitration hearing.
YOU AND COMPANY HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Company are instead electing to have claims and disputes resolved by arbitration, except as specified herein. There is no judge or jury in arbitration, and court review of an arbitration award is limited.
The arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief only to you individually, and only to the extent required to satisfy your individual claim.
If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court, subject to your and Company’s right to appeal the court’s decision. All other claims will be arbitrated.