Terms and Conditions
All text, graphics, audio files, Java applets and scripts, and other works on this web site are the copyrighted works of Vyze,Inc. All Rights Reserved. Any unauthorized redistribution or reproduction of any copyrighted materials on this web site is strictly prohibited.
The following are the protected Trademarks of Vyze, Inc.: Vyze, Inc, NewComLink, Never Say No!, Transforming Consumer Financing, QuickLink. All rights reserved.
The Vyze, Inc. site contains hyperlinks to other Internet sites not under the editorial control of Vyze, Inc. These hyperlinks are not express or implied endorsements or approvals by Vyze, Inc., of any products, services or information available from these sites.
Informational Content Disclaimer
THE INFORMATION PROVIDED ON THIS WEB SITE IS PROVIDED “AS IS” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OF ANY COMPUTER PROGRAM, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT, OR SYSTEM INTEGRATION, OR NON-INFRINGEMENT. VYZE, INC.’S MAXIMUM LIABILITY FOR ANY INACCURATE INFORMATION AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE INFORMATION RECEIVED (IF ANY). VYZE, INC. IS NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, LOSS OF BUSINESS, LOSS OF PROFITS OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
- Online Services and Disclaimer of Warranty. The Vyze web site provides online resources including, but not limited to, online information regarding Vyze’s software. Any new services, resources or informational content added to the web site shall fall under the terms of this TOS Agreement. The online resources, informational content, and software on this web site is provided “AS IS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OF ANY COMPUTER PROGRAM OR SOFTWARE, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT, OR SYSTEM INTEGRATION, OR NON-INFRINGEMENT. Vyze assumes no responsibility for any data loss or other loss suffered by any User of this web site. User is fully responsible for maintaining its computer equipment and Internet access to use the Vyze web site.
- User conduct. User agrees to not use the Vyze web site to:
- (a) upload, post, or transmit any informational content that is unlawful, threatens another person or entity, defamatory, vulgar, obscene, libelous, invades the privacy of another, or is otherwise objectionable;
- (b) harm legal minors;
- (c) collect personal information on, “cyberstalk” or harass another User, or engage in conduct that negatively affects the online experience of another User;
- (d) impersonate another User, person, or entity, including any official or employee of Vyze;
- (e) intentionally or unintentionally violate any local, state, or federal law, including violations of the Copyright Act;
- (f) upload, post or transmit any software or files that contain software viruses or other harmful computer code;
- (g) interfere with the operation of Vyze web servers or other computers or Internet or network connections;
- (h) upload, post or transmit any informational content that is the copyrighted, patented or trademarked intellectual property of another, or the trade secret of or confidential information of another;
- (i) upload, post or transmit and unsolicited or unauthorized advertising, including “spam” or “junk mail.”
- Indemnity. You agree to indemnify and hold Vyze, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
- No resale. User agrees not to reproduce, copy, duplicate, or sell any portion of the Vyze web site.
- Limits and modifications. Vyze may establish without notice limits on the use of its web site. Vyze reserves the right to modify any and all portions of the Vyze web site without notice. Under no circumstances shall Vyze be liable to User or any other party for such limits or modifications.
- Third party advertisers. Vyze may allow third party advertisers to advertise on the Vyze web site. Vyze takes no responsibility for User’s dealings with, including any online or other purchases from, any third party advertisers. Vyze shall not be liable for any loss or damage incurred by User in its dealings with third party advertisers.
- Vyze’s intellectual property rights. User agrees not to distribute, license, or create derivative works from any of Vyze’s copyrighted or trademarked material, including graphic files and software, available on the Vyze web site.
- No warranties. THE INFORMATION PROVIDED ON THIS WEB SITE IS PROVIDED “AS IS” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OF ANY COMPUTER PROGRAM OR SOFTWARE, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT, OR SYSTEM INTEGRATION, OR NON-INFRINGEMENT.
- Limitation of liability. VYZE, INC.’S MAXIMUM LIABILITY FOR ANY INACCURATE INFORMATION OR SOFTWARE AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE INFORMATION RECEIVED (IF ANY). VYZE, INC. IS NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, LOSS OF BUSINESS, LOSS OF PROFITS OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS OF THIS PARAGRAPH MAY NOT APPLY TO YOU.
- Notice. Notices may be posted to the Vyze web site or e-mailed to Users using the e-mail address Users submitted during the registration process.
- General. This TOS Agreement constitutes the entire agreement between you and Vyze and governs your use of the Vyze web site. This TOS Agreement shall be governed by the laws of the State of Texas. User agrees to submit to the personal and exclusive jurisdiction of the courts located within the county of Travis in the State of Texas. The failure of Vyze to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of this TOS Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS Agreement remain in full force and effect. Any claim arising under the terms of this TOS Agreement must be brought within one (1) year after such claim or cause of action arose or be forever barred.