USER AGREEMENT - POLICIES – TERMS & CONDITIONS
PLEASE READ THIS USER AGREEMENT POLICIES, TERMS AND CONDITIONS OF USE CAREFULLY. THESE TERMS AND CONDITIONS MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEB SITE. BY CLICKING THE “I AGREE”, SUBMITING THE APPLICATION FOR PROCESSING AND USING THIS WEB SITE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, THEN DO NOT USE THIS WEB SITE.
By clicking the “I agree button” I fully understand, accept and agree with the following User agreement, Policies, and Terms and conditions.
1. Credit Card Authorization: I certify that I, “The Card Holder”, am the creator of this transaction which was submitted by me via the internet using the secure order/enrollment form. I confirm that I did in fact make this transaction and that I did in fact authorize, and I do hereby confirm such authorization to OfficeVP, LLC. to make the corresponding charge to my credit card according to this user agreement. I have read, understood, and agree to the terms and conditions stated on the web pages and checkout page of the website. I hereby authorize OfficeVP, LLC. to charge my credit card for this transaction, my ongoing monthly, quarterly, semiannual, annual, and or one time subscription fees and any other products and services I may purchase in my E-stores in my user account.
2. Account Setup: Once you go through the signup process on this page and your credit card is successfully charged, we will create your new account. This Agreement will be automatically renewed each month (or) according to the payment terms on this signup page, unless either customer gives written notice to terminate thirty (30) days prior to the expiration of the initial term or any renewal term.
3. CANCELING MY ACCOUNT: For the security of others and to prevent someone from calling OfficeVP, LLC pretending to be a different account holder who would maliciously falsify their identity in order to cancel a user’s account, OfficeVP, LLC. does not accept phone calls to cancel a user/customer account. I hereby fully understand and agree that to cancel any of my services with OfficeVP, LLC. I will fax a notice of cancellation to (830) 693-8475 using a fax machine with a fax confirmation that time and date stamps my cancellation fax or email billing(at)officevp(dot)com. I also agree that if I cannot produce a fax confirmation confirming my cancellation, or cannot produce a valid verifiable email of my cancellation notice, my account will be considered in good standing with OfficeVP, LLC. and hereby authorize OfficeVP, LLC. to continue charging my account for services rendered until receiving my cancellation notice by fax or email. I also understand and agree that if I dispute any charge on my credit card made by OfficeVP, LLC. with my credit card company, and cannot produce my fax or email to OfficeVP, LLC. to cancel my account with the fax confirmation, it clearly means I did not cancel my account and hereby grant OfficeVP, LLC. the right to collect the charge made on my card and OfficeVP, LLC. may terminate my account without notice.
I understand that OfficeVP, LLC logs all inbound calls. I also understand that if all lines are busy when I call OfficeVP, LLC., the call is routed to a call message center where all calls are recorded and logged. I understand that if OfficeVP, LLC. does not have record of my call, it means that I did not call.
4. About Us
Copyright © 2000 -2011 OfficeVP, LLC. provides small and medium sized businesses and organizations with a variety of tools and resources to collect visitor email addresses and to create, launch, and manage online email campaigns (the "Email Marketing Product").
5. About Spam
OfficeVP, LLC. Products may not be used for the sending of unsolicited email (sometimes called "spam"). Read our Anti Spam Policy.
6. Copyright and Trademark Information
Copyright © 2000 -2007 OfficeVP, LLC. All rights reserved.
This web site, and the information which it contains, is the property of OfficeVP, LLC. and its affiliates and licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. By way of example only, and not as a limitation, OfficeVP, LLC. and the OfficeVP, LLC. logo(s) are registered trademarks of OfficeVP, LLC., Inc., under the applicable laws of the United States and/or other countries. Other OfficeVP, LLC. product or service names or logos appearing in this Site are either trademarks or registered trademarks of OfficeVP, LLC., Inc. and/or its affiliates. The absence of a product or service name or logo from this list does not constitute a waiver of OfficeVP, LLC. trademark or other intellectual property rights concerning that name or logo.
Subject in each case to the terms listed in the remainder of this Agreement, you hereby acknowledge and agree that:
- The Products may not be used for the sending of unsolicited email (sometimes called "spam").
- The Products may only be used for lawful purposes.
- The Email Marketing Product will be subject to monthly subscription fees once you have completed your free trial period or have exceeded the free subscriber limit. The E-Mail Marketing Product may also be subject to per message and overage charges. For more information on fees, see Section 4 below and the Fee Schedule.
- The Service Product will be subject to monthly subscription fees once you have completed the signup form.
- You agree you will not access or otherwise use third party mailing lists or otherwise prepare or distribute unsolicited email, in connection with the Products.
- You agree to import, access or otherwise use only lists for which all listed parties have consented to receive correspondence from you ("Permission Based Lists") in connection with your use of the Products. Mere agreement of a person or entity to participate in a survey is not consent to receive correspondence from you. For respondents to your surveys, consent to receive other correspondence is evidenced by the respondent opting into the "Join My Mailing List" link in the course of responding to your survey. You hereby covenant that you shall not use any other lists in connection with your use of the Products. You acknowledge and agree that not all messages sent through use of the Products will be received by their intended recipients.
- Every email message sent by you in connection with the Products must contain the OfficeVP, LLC. "unsubscribe" link that allows the recipient to remove themselves from your mailing list.
- You will comply with the restrictions on content of e-mail messages and activities using the Products as set forth in this Agreement.
- You will adopt and maintain the OfficeVP, LLC. which may be modified by OfficeVP, LLC. from time to time.
8. Products and Support
8.1 Fee Schedule.You are responsible for reviewing the Fee Schedule from time to time and remaining aware of the fees charged by OfficeVP, LLC.. The Fee Schedule, including subscriber levels and prices, is subject to change at any time in OfficeVP, LLC's sole discretion. OfficeVP, LLC. will use good faith efforts to notify you via email prior to the effectiveness of any change to the Fee Schedule. If you receive special discounts through a marketing partner, those discounts may not be available if you cease to continue to be a customer of the marketing partner, in which case OfficeVP, LLC's standard rates will apply. OfficeVP, LLC. may rely on information provided by the applicable marketing partner, if any, with respect to the status of your account.
8.2 Payment. Payment for Products will be made by a valid credit card accepted by OfficeVP, LLC.. Checks will be accepted for prepayments of at least six (6) months. Fees are payable in U.S. dollars. If the monthly payment option is selected or if you have previously provided your credit card for payment, you hereby authorize OfficeVP, LLC. to charge your credit card for such amounts on a regular monthly basis beginning at the end of your free trial period. If OfficeVP, LLC. is for any reason unable to effect automatic payment via your credit card, OfficeVP, LLC. will attempt to notify you via email and your OfficeVP, LLC. account will be disabled until payment is received. Amounts paid for the Products are not refundable.
9. Email, Permission Practices, Image Hosting & Prohibited Content
9.2 Permission Practices. You agree to import, access or otherwise use only Permission Based Lists in connection with your use of the Products. You hereby covenant that you shall not use any other lists in connection with your use of the Products. If you have used the OfficeVP, LLC. feature that allows you to request a recipient to confirm that you have his or her permission to send emails to him or her, and such recipient has not responded or does not respond affirmatively to such request for confirmation, you agree that you shall not send emails to that recipient. Without limiting the foregoing, you agree that you shall not utilize the Product to send any commercial electronic mail message (as that term is defined in the CAN-SPAM Act of 2003) to any person who has opted out or otherwise objected to receiving such messages from you or another sender on whose behalf you may be acting. You cannot mail to distribution lists, newsgroups, or spam or unsolicited email addresses. You cannot copy a OfficeVP, LLC. template or any other features or functionality from the Products and use them for any purpose other than sending email messages from the Products. Emails that you send through the Product may generate spam complaints from recipients. As a matter of privacy, OfficeVP, LLC. cannot share with you the email addresses of those who complain about your email campaign. You are responsible for ensuring that your email campaigns do not generate a number of spam complaints in excess of industry norms. OfficeVP, LLC., in its sole discretion, shall determine whether your level of spam complaints is within industry norms, and its determination shall be final, binding and conclusive for all purposes under this Agreement. OfficeVP, LLC. will terminate your use of its Products if OfficeVP, LLC. determines that your level of spam complaints is higher than industry norms.
9.3 Footers. For every email message sent in connection with the Products, you acknowledge and agree that OfficeVP, LLC. may add an identifying footer stating "OfficeVP, LLC." or a similar message.
9.4 Use of Images Hosted by OfficeVP, LLC .Images hosted by OfficeVP, LLC. on OfficeVP, LLC. controlled servers may only be used in connection with the Products and for no other purpose whatsoever.
9.5 Prohibited Content. OfficeVP, LLC. prohibits the use of the Products or web site by any person or entity that:
- Provides, sells or offers to sell any of the following products or content (or services related to the same): pornography or illicitly pornographic sexual products; escort services; illegal goods; illegal drugs; illegal drug contraband; pirated computer programs; instructions on how to assemble or otherwise make bombs, grenades or other weapons.
- Displays or markets material that exploits children, or otherwise exploits children under 18 years of age.
- Provides, sells or offers products, services or content frequently associated with unsolicited commercial email, a.k.a. spam, such as online pharmacies, work at home businesses, credit or finance management, mortgage and debt relief offers, DJ/nightclub, event/club promotions/party lists, odds making, and betting/gambling services.
- Provides material that is grossly offensive, including blatant expressions of bigotry, prejudice, racism, hatred or excessive profanity or post any obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable content.
- Posts or discloses any personally identifying information or private information about children without their consent (or their parents consent in the case of a minor).
Sells or promotes any products or services that are unlawful in the location at which the content is posted or received.
- Introduces viruses, worms, harmful code and/or Trojan horses on the Internet.
- Promotes, solicits or participates in pyramid schemes or multi-level marketing (MLM) businesses.
- Engages in any libelous, defamatory, scandalous, threatening, harassing activity.
- Posts any content that advocates, promotes or otherwise encourages violence against any governments, organizations, groups or individuals or which provides instruction, information or assistance in causing or carrying out such violence.
- Provides content, including images, of authors, artists, photographers or others without the express written consent of the content owner.
10. Right to Disable Access. OfficeVP, LLC., at its own discretion, may immediately disable your access to the Products without refund if OfficeVP, LLC. believes in its sole discretion that you have violated any of the policies listed above or elsewhere in this Agreement.
11. Restrictions and Responsibilities
11.1 No Rights in Software.This is an Agreement for services and access to this web site, and you are not granted a license to any software by this Agreement. You will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Products or any software, documentation, or data related to the Products ("Software"); remove any proprietary notices or labels from the Products or any Software, modify, translate, or create derivative works based on the Products or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Products or any Software.
Unless you are an authorized reseller of the Products, you may not display, copy, reproduce, or distribute the Software, any component thereof, any documentation provided in connection with the Products or the Software, or any content, including but not limited to newsletters, distributed to you by OfficeVP, LLC. in connection with the Products. Violation of these restrictions may result in the termination of this Agreement.
11.2 Permitted Use of the Products. The Products shall be used for your internal business (which includes civic or charitable) purposes only, and you shall not use the Products or any Software for timesharing or service-bureau purposes or otherwise for the benefit of a third party. If you are using the Products in any jurisdiction which restricts the ability of a software provider to restrict your right to reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the Software or Products, then you hereby covenant that, prior to engaging in such activities, you will first request that OfficeVP, LLC. perform such work at its standard professional services rates. OfficeVP, LLC. can then decide either: (i) to perform the work in order to achieve such interoperability and charge its then standard rates for such work to you; or (ii) to permit you to reverse engineer parts of the Software in order to obtain such source code, but only to the extent necessary to achieve such interoperability or (iii) provide you with the information that you need regarding the Software for the purpose for which applicable law permits you to engage in such activities despite a contractual prohibition on such activities.
11.3 Compliance with Laws; Monitoring. You shall use the Products only in compliance with this Agreement, the federal CAN-SPAM Act of 2003 and all other applicable laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation and child protective email address registry laws). Although OfficeVP, LLC. has no obligation to monitor the content provided by you or your use of the Products, OfficeVP, LLC. may do so and may block any e-mail messages, remove any such content or prohibit any use of the Products that OfficeVP, LLC. believes may be (or is alleged to be) in violation of the foregoing.
11.4 Indemnification. You hereby agree to defend, indemnify and hold harmless OfficeVP, LLC. and its business partners, third-party suppliers and providers, licensors, officers, directors, employees, distributors and agents against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys' fees) in connection with any claim or action that (i) arises from any alleged breach of this Agreement, (ii) arises from the content or effects of any messages you distribute using the Products or (iii) otherwise arises from or relates to your use of the Products. In addition, you acknowledge and agree that OfficeVP, LLC. has the right to seek damages when you use the Products for unlawful purposes, in an unlawful manner, and/or in a manner inconsistent with the terms of this Agreement, and that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance and/or consequential damages.
11.5 Your Information. In using the varied features of the Products, you may provide information about yourself or your employer (such as name, contact information, or other registration information) to OfficeVP, LLC.. OfficeVP, LLC. may use this information and any technical information about your use of the Products to tailor its presentations to you, facilitate your movement through the Product, or communicate separately with you. If you licensed the Products as a result of solicitation by a marketing partner of OfficeVP, LLC., OfficeVP, LLC. may share your information with the marketing partner and the marketing partner may share related information with OfficeVP, LLC. OfficeVP, LLC. will not provide your contact information to companies you have not authorized for that purpose unless required by law or unless you are terminated from OfficeVP, LLC. due to unsolicited commercial email being sent from your OfficeVP, LLC. account.
11.6 Intellectual Property Rights in Your Content. You agree that you will not upload or transmit any contact lists, communications or content of any type to this web site or in connection with the Products that infringe, misappropriate or violate any rights of any party. By submitting ideas, concepts, inventions, or content to this web site or using them in connection with the Products, you agree that such submission is non-confidential for all purposes. If you make any such submission, you agree that you will not send or transmit to OfficeVP, LLC. or to any third party using the Products, any communication or content that infringes or violates any rights of any party. If you submit any business information, ideas, concepts or inventions or content to OfficeVP, LLC. by email, you agree such submission is non-confidential for all purposes. If you make any submission to this web site or if you submit any business information, idea, concept or invention to OfficeVP, LLC. by email, you automatically grant—or warrant that the owner of such content or intellectual property has expressly granted—OfficeVP, LLC. a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display such content in any manner.
There are no refunds for any fees paid.
OfficeVP, LLC. may terminate this Agreement or the Products, disable your account or put your account on inactive status, in each case at any time with or without cause, and with or without notice. OfficeVP, LLC. shall have no liability to you or any third party because of such termination or action.
OfficeVP, LLC. may delete any of your archived data within 30 days after the date of termination. After termination, OfficeVP, LLC. shall process all unsubscribe requests and terminate any email and email campaigns. All sections of this Agreement that by their nature should survive termination will survive termination, including, without limitation, ownership, warranty disclaimers and limitations of liability.
If your account is classified (at OfficeVP, LLC. sole discretion) as inactive for over 120 days, OfficeVP, LLC. has the right to permanently delete your subscriber data. OfficeVP, LLC. will use good faith efforts to contact you via email prior to taking any permanent removal actions.
13. Warranty Disclaimer; Remedies
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL OfficeVP, LLC. OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS "OfficeVP, LLC. ") BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY, DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF OfficeVP, LLC. SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN THE EVENT THAT, NOTWITHSTANDING THE FOREGOING, OfficeVP, LLC. IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE MAXIMUM AGGREGATE LIABILITY OF OfficeVP, LLC. TO YOU ARISING IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE PRODUCTS IN THE TWELVE (12) MONTHS PRIOR TO THE ACCRUAL OF THE APPLICABLE CLAIM, LESS ANY DAMAGES PREVIOUSLY PAID BY OfficeVP, LLC. TO YOU IN THAT TWELVE (12) MONTH PERIOD. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. YOU FURTHER AGREE TO HOLD OfficeVP, LLC. OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS "OfficeVP, LLC. ") HARMLESS FROM ANY AND ALL LIABILITY ARISING OUT OF ANY AND ALL CLAIMS OF LIABLITIY.
14. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO
LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL OfficeVP, LLC. OR ANY OF ITS
UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS,
LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR
PURPOSES OF THIS SECTION AS "OfficeVP, LLC. ") BE LIABLE TO YOU OR ANY OTHER
PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR
CONSEQUENTIAL DAMAGES, EVEN IF OfficeVP, LLC. SHALL HAVE BEEN INFORMED OF THE
POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN THE EVENT THAT,
NOTWITHSTANDING THE FOREGOING, OfficeVP, LLC. IS FOUND LIABLE TO YOU FOR DAMAGES FROM
ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT
(INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE MAXIMUM AGGREGATE LIABILITY OF
OfficeVP, LLC. TO YOU ARISING IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE
AMOUNT YOU PAID FOR THE PRODUCTS IN THE TWELVE (12) MONTHS PRIOR TO THE ACCRUAL OF THE
APPLICABLE CLAIM, LESS ANY DAMAGES PREVIOUSLY PAID BY OfficeVP, LLC. TO YOU IN THAT
TWELVE (12) MONTH PERIOD. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
15. Restricted Persons; Export of Products or Technical
You hereby warrant that you are not a Restricted Person. For purposes of this Agreement, you are a Restricted Person if you or any officer, director, or controlling shareholder of the entity on behalf of which you are using the Products is (1) a national of or an entity existing under the laws of Cuba, Iran, Sudan, Syria, or any other country with which U.S. persons are prohibited from engaging in transactions, as may be determined from time to time by the U.S. Treasury Department; (2) designated as a Specially Designated National or institution of primary money laundering concern by the U.S. Treasury Department; (3) listed on the Denied Persons List or Entity List by the U.S. Commerce Department; (4) engaged in nuclear, missile, chemical or biological weapons activities to which U.S. persons may not contribute without a U.S. Government license; or (5) owned, controlled, or acting on behalf of a Restricted Person. If you become a Restricted Person during the term of this Agreement, you shall notify OfficeVP, LLC. within twenty-four (24) hours, and OfficeVP, LLC. shall have the right to terminate any further obligations to you, effective immediately and with no further liability to you, but without prejudice to your outstanding obligations to OfficeVP, LLC..
You agree that you shall not utilize the Products to conduct or facilitate any transaction with any Restricted Person, except as may be expressly authorized in advance in writing by the U.S. Government. You may not remove or export from the United States or allow the export or re-export of the Products, or any direct product thereof, including technical data, in violation of any restrictions, laws, or regulations of the United States or any other applicable country.
16. Links to Third-Party Web Sites
This web site may contain links to non-OfficeVP, LLC. web sites. These links are provided to you as a convenience, and OfficeVP, LLC. is not responsible for the content of any linked web site. Any non-OfficeVP, LLC. web site accessed from this web site is independent from OfficeVP, LLC., and OfficeVP, LLC. has no control over the content of that web site. In addition, a link to any non-OfficeVP, LLC. web site does not imply that OfficeVP, LLC. endorses or accepts any responsibility for the content or use of such web site.
17. No Implied Endorsements
In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by OfficeVP, LLC. of that third party or of any product or service provided by a third party.
18. Notice and Take Down Procedures; Copyright Agent
If you believe any materials accessible on or from this web site infringe your copyright, you may request removal of those materials (or access thereto) from this web site by contacting OfficeVP, LLC. copyright agent (identified below) and providing the following information:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
- Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
- Your name, address, telephone number and (if available) e-mail address.
- A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
- A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner’s behalf.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
OfficeVP, LLC. agent for copyright issues relating to this web site is as follows:
P.O. Box 401
In an effort to protect the rights of copyright owners, OfficeVP, LLC. maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of this web site who are repeat infringers.
19. Open Positions on Career Pages
OfficeVP, LLC. may list open employment positions on this web site. Any such postings are for informational purposes only and are subject to change without notice. You should not construe any information on this web site or made available through this web site as an offer for employment. Nor should you construe anything on this web site as a promotion or solicitation for employment not authorized by the laws and regulations of your locale.
20. Username and Password
You are responsible for maintaining the security of your account, passwords, and files. OfficeVP, LLC. will accept the instructions of any individual who claims to be authorized to direct changes to your account so long as such person presents your username and password on-line, by e-mail or by phone. OfficeVP, LLC. has no knowledge of your organizational structure, if you are registering for the Products as an entity, or your personal relationships, if you are a person. OfficeVP, LLC. shall not be responsible for the actions of any individuals who misuse or misappropriate your contact lists or other assets using your username and password.
21.1 If any provision of the Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
21.2 OfficeVP, LLC. and you agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy.
21.3 No agency, partnership, joint venture, or employment is created as a result of the Agreement, and you do not have any authority of any kind to bind OfficeVP, LLC. in any respect whatsoever.
21.4 In any action or proceeding to enforce rights under the Agreement, the OfficeVP, LLC. will be entitled to recover its costs and attorneys' fees.
21.5 The Agreement shall be governed by the laws of the State of Texas, USA without regard to its choice or law or conflict of laws provisions. All legal actions in connection with the Agreement shall be brought in the state or federal courts located in Austin, Texas.
If you have any questions about the rights and restrictions above, please contact OfficeVP, LLC. by email at +1 (830) 693-1429