Terms of Service
TERMS OF SERVICE
Last updated September 20, 2022
- AGREEMENT TO TERMS
VINLOGX, LLC. AND/OR ITS AFFILIATES (“VinLogx”, “we”, “our”) IS WILLING TO GRANT ACCESS TO THEIR AUTOMOTIVE DIAGNOSTIC PRODUCTS AND SERVICES (“VinTel™”) TO THE PERSON, COMPANY, OR LEGAL ENTITY THAT WILL BE UTILIZING THE VINTEL PRODUCTS (REFERENCED BELOW AS “CUSTOMER”, “YOU”) ON THE CONDITION OF ACCEPTANCE OF ALL TERMS OF THIS AGREEMENT (AS DEFINED BELOW). BY ENTERING INTO THIS AGREEMENT ON BEHALF OF THE CUSTOMER, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THE CUSTOMER TO THIS AGREEMENT. CUSTOMER AND VINLOGX MAY EACH ALSO BE REFERRED TO AS A “PARTY” AND TOGETHER, THE “PARTIES”.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING ANY VINTEL PRODUCTS. THE TERMS OF SERVICE (“AGREEMENT”) CONSTITUTES A LEGAL AND ENFORCEABLE CONTRACT BETWEEN CUSTOMER AND VINLOGX. BY INDICATING CONSENT ELECTRONICALLY, OR ACCESSING OR OTHERWISE USING THE VINTEL PRODUCTS, CUSTOMER AGREES TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF CUSTOMER DOES NOT AGREE TO THIS AGREEMENT, DO NOT INDICATE CONSENT ELECTRONICALLY AND MAKE NO FURTHER USE OF THE VINTEL PRODUCTS.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. VinLogx reserve the right, in VinLogx’s sole discretion, to make changes or modifications to these Terms of Service at any time and for any reason. VinLogx will alert you about any changes by updating the “Last updated” date of these Terms of Service, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use VinLogx’s Site so that you understand which Terms apply. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Service by your continued use of VinTel™ products after the date such revised Terms of Service are posted.
The information provided through VinTel™ is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject VinLogx to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access VinTel™ from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
VinTel™ products are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use VinTel™ products. You may not use VinTel™ products in a way that would violate the Gramm-Leach- Bliley Act (GLBA).
- INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, VinTel™ products are VinLogx proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by VinLogx or licensed to VinLogx, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided through VinTel™ “AS IS” for your information and use only. Except as expressly provided in these Terms of Service, no part of VinTel™ products and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without VinLogx express prior written permission.
Provided that you are eligible to use VinTel™ products, you are granted a limited license to access and use to VinTel™ products and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. VinLogx reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.
- USER REPRESENTATIONS
By using VinTel™ products, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Service; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access VinTel™ products through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use VinTel™ products for any illegal or unauthorized purpose; and (7) your use of VinTel™ products will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, VinLogx has the right to suspend or terminate your account and refuse any and all current or future use of VinTel™ products (or any portion thereof).
- USER REGISTRATION
You will be required to register with VinTel™. You agree to keep your password confidential and will be responsible for all use of your account and password. VinLogx reserve the right to remove, reclaim, or change a username you select if determined, in VinLogx’s sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
- FEES AND PAYMENT
VinLogx accept the following forms of payment:
- ACH Payments
- American Express
You will be required to purchase or pay a fee to access VinTel™ products. You agree to provide current, complete, and accurate purchase and account information for all purchases made and services used. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date/ACH information, so that VinLogx can complete your transactions and contact you as needed. VinLogx invoices through an online billing account. Sales tax will be added to the price of purchases where required by law. VinLogx may change prices at any time with prior written notification. All payments shall be in U.S. dollars.
You agree to pay all charges or fees at the prices then in effect for your purchases, subscriptions, and services, and you authorize VinLogx to charge your chosen payment provider for any such amounts. If your purchase is subject to recurring charges, then you consent to VinLogx charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you notify VinLogx of your cancellation.
VinLogx reserves the right to correct any errors or mistakes in pricing, even if VinLogx has already requested or received payment. VinLogx also reserve the right to refuse any order.
All purchases are non-refundable. You can cancel your subscription at any time by contacting VinLogx using the contact information provided below. Your cancellation will take effect at the end of the current paid term.
If you are unsatisfied with VinLogx services, please email VinLogx at firstname.lastname@example.org or call 877-846-5649.
VinLogx may include software for use in connection with VinTel™ products. If such software is accompanied by an end user license agreement (“EULA”), the terms of the EULA will govern your use of the software. If such software is not accompanied by a EULA, then VinLogx grants to you a non-exclusive, revocable, personal, and non-transferable license to use such software solely in connection with VinTel™ products and in accordance with these Terms of Service. Any Software and any related documentation are provided “AS IS” without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non- infringement. You accept any and all risk arising out of use or performance of any Software. You may not reproduce or redistribute any software except in accordance with the EULA or these Terms of Service.
- PROHIBITED ACTIVITIES
You may not access or use VinTel™ products for any purpose other than that for which VinLogx makes available. VinTel™ products may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by VinLogx.
As a user of the Site, you agree not to:
- Systematically retrieve data or other content from VinTel™ products to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Trick, defraud, or mislead VinLogx and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related features of VINTEL™ products, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of VINTEL™ products and/or the Content contained therein.
- Disparage, tarnish, or otherwise harm, in VinLogx’s opinion, VinLogx and/or VINTEL™ products.
- Use any information obtained from VINTEL™ products in order to harass, abuse, or harm another person.
- Make improper use of VinLogx support services or submit false reports of abuse or misconduct.
- Use VINTEL™ products in a manner inconsistent with any applicable laws or regulations.
- Engage in unauthorized framing of or linking to VINTEL™ products.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of VINTEL™ products or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of VINTEL™ products.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any Content.
- Attempt to impersonate another user or person or use the username of another user.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
- Interfere with, disrupt, or create an undue burden on VINTEL™ products or the networks or services connected to VINTEL™ products.
- Harass, annoy, intimidate, or threaten any of VinLogx employees or agents engaged in providing any portion of VINTEL™ products to you.
- Attempt to bypass any measures of VINTEL™ products designed to prevent or restrict access to VINTEL™ products, or any portion of VINTEL™ products.
- Except as permitted by applicable law, copy, adapt, decipher, decompile, disassemble, or reverse engineer any of the hardware or software comprising or in any way making up a part of VINTEL™ products.
- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses VINTEL™ products, or using or launching any unauthorized script or other software.
- Make any unauthorized use of VINTEL™ products, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
- Use VINTEL™ products as part of any effort to compete with VinLogx or otherwise use VINTEL™ products and/or the Content for any revenue-generating endeavor or commercial enterprise.
- Sell or otherwise transfer your profile.
- Use VINTEL™ products to advertise or offer to sell goods and services.
- USER GENERATED CONTRIBUTIONS
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize VinLogx, VINTEL™ products, and other users of VINTEL™ products to use your Contributions in any manner contemplated by VINTEL™ products and these Terms of Service.
- You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by VINTEL™ products and these Terms of Service.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by VinLogx).
- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
- Your Contributions do not violate any applicable law, regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
- Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
- Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Service, or any applicable law or regulation.
Any use of VINTEL™ products in violation of the foregoing violates these Terms of Service and may result in, among other things, termination or suspension of your rights to use VINTEL™ products.
- CONTRIBUTION LICENSE
By submitting suggestions or other feedback regarding VINTEL™ products, you agree that VinLogx can use and share such feedback for any purpose without compensation to you.
- MOBILE APPLICATION LICENSE
If you access VINTEL™ products via a mobile application, then VinLogx grants to you a revocable, non- exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms of Service. You shall not: (1) except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the application; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by VinLogx or the licensors of the application; (5) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application; (8) use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or (9) use any proprietary information or any of VinLogx’s interfaces or VinLogx’s other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.
Apple and Android Devices
The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access VINTEL™ products: (1) the license granted to you for VinLogx’s mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) VinLogx is responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms of Service or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application; (3) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application; (4) you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms of Service, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms of Service against you as a third-party beneficiary thereof.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding VINTEL™ products (“Submissions”) provided by you to VinLogx are non-confidential and shall become VinLogx sole property. VinLogx shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against VinLogx for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
- THIRD-PARTY WEBVINTEL™ PRODUCTSS AND CONTENT
VINTEL™ products may contain (or you may be sent via VINTEL™ products) links to other websites (“Third- Party Websites“) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and VinLogx is not responsible for any Third-Party Websites accessed through VINTEL™ products or any Third-Party Content posted on, available through, or installed from VINTEL™ products, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave VINTEL™ products and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Service no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites to which you navigate from VINTEL™ products or relating to any applications you use or install from VINTEL™ products. Any purchases you make through Third-Party Websites will be through other Third-Party Websites and from other companies, and VinLogx takes no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that VinLogx does not endorse the products or services offered on Third-Party Websites and you shall hold VinLogx harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold VinLogx harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
- U.S. GOVERNMENT RIGHTS
VinLogx services are “commercial items” as defined in Federal Acquisition Regulation (“FAR”) 2.101. If VinLogx services are acquired by or on behalf of any agency not within the Department of Defense (“DOD”), VinLogx services are subject to the terms of these Terms of Service in accordance with FAR 12.212 (for computer software) and FAR 12.211 (for technical data). If VinLogx services are acquired by or on behalf of any agency within the Department of Defense, VinLogx services are subject to the terms of these Terms of Service in accordance with Defense Federal Acquisition Regulation (“DFARS”) 227.7202-3. In addition, DFARS 252.227-7015 applies to technical data acquired by the DOD. This U.S. Government Rights clause is in lieu of, and supersedes, any other FAR, DFARS, or other clause or provision that addresses government rights in computer software or technical data under these Terms of Service.
- VINTEL™ PRODUCTS MANAGEMENT
VinLogx reserve the right, but not the obligation, to: (1) monitor VINTEL™ products for violations of these Terms of Service; (2) take appropriate legal action against anyone who, in VinLogx’s sole discretion, violates the law or these Terms of Service, including without limitation, reporting such user to law enforcement authorities; (3) in VinLogx’s sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in VinLogx’s sole discretion and without limitation, notice, or liability, to remove from VINTEL™ products or otherwise disable all files and content that are excessive in size or are in any way burdensome to VinLogx systems; and (5) otherwise manage VINTEL™ products in a manner designed to protect VinLogx’s rights and property and to facilitate the proper functioning of VINTEL™ products.
- TERM AND TERMINATION
These Terms of Service shall remain in full force and effect while you use VINTEL™ products. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF SERVICE, VINLOGX RESERVES THE RIGHT TO, IN VINLOGX’S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF VINTEL™ PRODUCTS (INCLUDING BLOCKING CERTAIN IP ADDRESSES AND DEVICES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF SERVICE OR OF ANY APPLICABLE LAW OR REGULATION. VINLOGX MAY TERMINATE YOUR USE OR PARTICIPATION IN VINTEL™ PRODUCTS OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN VINLOGX’S SOLE DISCRETION.
If VinLogx terminates or suspends your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, VinLogx reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
- MODIFICATIONS AND INTERRUPTIONS
VinLogx reserves the right to change, modify, or remove the contents of VINTEL™ products at any time or for any reason at VinLogx’s sole discretion without notice. However, VinLogx has no obligation to update any information on the VINTEL™ products. VinLogx also reserves the right to modify or discontinue all or part of VINTEL™ products without notice at any time. VinLogx will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of VINTEL™ products.
VinLogx cannot guarantee VINTEL™ products will be available at all times. The VINTEL™ products may experience hardware, software, or other problems or need to perform maintenance related to VINTEL™ products, resulting in interruptions, delays, or errors. VinLogx reserves the right to change, revise, update, suspend, discontinue, or otherwise modify VINTEL™ products at any time or for any reason without notice to you. You agree that VinLogx has no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use VINTEL™ products during any downtime or discontinuance of VINTEL™ products. Nothing in these Terms of Service will be construed to obligate VinLogx to maintain and support VINTEL™ products or to supply any corrections, updates, or releases in connection therewith.
- GOVERNING LAW
These Terms of Service and your use of VINTEL™ products are governed by and construed in accordance with the laws of the State of Missouri applicable to agreements made and to be entirely performed within the State of Missouri, without regard to its conflict of law principles.
- DISPUTE RESOLUTION
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA Website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, VinLogx will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in St. Louis County, Missouri. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in St. Louis County, Missouri, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Service.
In no event shall any Dispute brought by either Party related in any way to VINTEL™ products be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
There may be information on VINTEL™ products that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. VinLogx reserves the right to correct any errors, inaccuracies, or omissions and to change or update the information on VINTEL™ products at any time, without prior notice.
VINTEL™ PRODUCTS IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF VINTEL™ PRODUCTS AND VINLOGX SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, VINLOGX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH VINTEL™ PRODUCTS AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. VINLOGX MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF VINTEL™ PRODUCTS’S CONTENT OR THE CONTENT OF ANY THIRD-PARTY WEBSITE LINKED TO VINTEL™ PRODUCTS AND VINLOGX WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF VINTEL™ PRODUCTS, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF VINLOGX SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM VINTEL™ PRODUCTS, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH VINTEL™ PRODUCTS BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA VINTEL™ PRODUCTS. VINLOGX DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH VINTEL™ PRODUCTS, ANY HYPERLINKED WEBSITES, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND VINLOGX WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
- LIMITATIONS OF LIABILITY
IN NO EVENT WILL VINLOGX OR VINLOGX DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF VINTEL™ PRODUCTS, EVEN IF VINLOGX HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, VINLOGX LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT
PAID, IF ANY, BY YOU TO VINLOGX DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify, and hold VinLogx harmless, including VinLogx subsidiaries, affiliates, and all VinLogx respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of VINTEL™ products; (2) breach of these Terms of Service; (3) any breach of your representations and warranties set forth in these Terms of Service; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of VINTEL™ products with whom you connected via VINTEL™ products.
Notwithstanding the foregoing, VinLogx reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify VinLogx, and you agree to cooperate, at your expense, with VinLogx defense of such claims. VinLogx will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
- USER DATA
VinLogx will maintain certain data that you transmit to VINTEL™ products for the purpose of managing the performance of VINTEL™ products, as well as data relating to your use of VINTEL™ products. Although VinLogx perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using VINTEL™ products. You agree that VinLogx shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against VinLogx arising from any such loss or corruption of such data.
- ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting VINTEL™ products, sending VinLogx emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications VinLogx provides to you electronically, via email and on VINTEL™ products, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY VINLOGX OR VIA VINTEL™ PRODUCTS. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
- CALIFORNIA USERS AND RESIDENTS
If any complaint with VinLogx is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
These Terms of Service and any policies or operating rules posted by VinLogx on VINTEL™ products or in respect to VINTEL™ products constitute the entire agreement and understanding between you and VinLogx. VinLogx’s failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision. These Terms of Service operate to the fullest extent permissible by law. VinLogx may assign any or all VinLogx rights and obligations to others at any time. VinLogx shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond VinLogx reasonable control. If any provision or part of a provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and VinLogx as a result of these Terms of Service or use of VINTEL™ products. You agree that these Terms of Service will not be construed against VinLogx by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Service and the lack of signing by the parties hereto to execute these Terms of Service.
- CONTACT VINLOGX
In order to resolve a complaint regarding VINTEL™ products or to receive further information regarding use of VINTEL™ products, please contact VinLogx at:
2025 Zumbehl Road Suite 15
St. Charles, MO 63303 United States