View
Our Privacy Policy
View Our Refund Policy
View Our VirtualInvestorPLUS
Online End User License Agreement
View Our Virtual Office Manager
End User Service Agreement
View Our Talking Home Assistant
End User Service Agreement
|
|
Last
Modified: 08/02/05
| All
users of VirtualInvestorPLUS services, and all customers
upon signing up for VirtualInvestorPLUS services, agree
to comply with VirtualInvestorPLUS Terms of Use (“TOU”).
The TOU are not exhaustive and VirtualInvestorPLUS reserves
the right to add, delete, or modify any provision of its
TOU at any time without notice, effective upon either
the posting of the modified TOU to www.virtualinvestorsplus.com
or notification of the modified TOU. Any complaints about
a customer’s violation of the TOU should be sent
to abuse@virtualinvestorsplus.com.
The TOU supersedes any other agreement with VirtualInvestorPlus,
whether written, oral, by conduct, or otherwise. |
| |
| Terms
& Conditions |
30-Day Money Back Guarantee
Each of VirtualInvestorPLUS packages carries a 30-day
unconditional money back guarantee. If you are not completely
satisfied with our services or support within the first
30 days, you will be given a full refund of the fees paid
in advance (excluding setup fees) upon cancellation. The
following services do not qualify for the 30 Day Money
Back Guarantee: additional items and services; domain
name registration; items and services ordered through
the reseller program and overage fees. Refund
Policy
Refunds
are only available in accordance with the 30 Day Money
Back Guarantee. Refunds will be provided in the same
payment method of the original payment. There are no
refunds offered or promised after 30 days.
Billing/Price
Changes
VirtualInvestorPLUS policies and prices are subject
to change without notice. Any price changes become effective
in the next billing cycle.
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| Privacy
Policy |
Our Commitment to Privacy
Your
privacy is important to us. To better protect that privacy,
VirtualInvestorPLUS is providing this notice to explain
our online information practices and the choices you can
make about the way your information is collected and used.
The
Information We Collect:
Personal
Information
In
general, you can visit the VirtualInvestorPLUS Web site
without telling us who you are or revealing any personal
information about yourself. There are times, however,
when we may need information from you. Personal information
like your name, address and e-mail address is obtained
only when voluntarily submitted, such as when you subscribe
to newsletters, respond to user surveys, register for
programs or events or license software. Information
that you supply will relate to the customer relationship
that VirtualInvestorPLUS has with you or your organization.
How
We Use It
If
you choose to give us personal information via the Internet
that we or our business partners request, it is our
intent to let you know how we will use such information.
VirtualInvestorPLUS
will use your personal information to fulfill subscription
requests and orders for software, information or services
made online and to provide other services you request.
We may also use the information you supply to:
- Make
the Web site easier for you to use by not having to
enter information more than once.
-
Help us customize content most relevant to you.
- Notify
you about important news concerning VirtualInvestorPlus,
including new products and services, product updates
and technical support issues, and special offers in
which we think you may be interested.
In
the process of administering our site, we maintain and
track usage through Web server logs. Web server logs
provide such information as what types of browsers are
accessing our site, what pages receive high traffic,
and the times of day our servers experience significant
load. We use this information to improve the content
and navigation features of our site. It is not used
to personally identify you.
How
We Share It
We
do not sell, rent or lease to others your personally
identifiable information. We share the personal data
you provide only with other VirtualInvestorPLUS entities
and/or business partners who are acting on our behalf
for the uses described above, except as provided below
(see Consent, below).
Consent
VirtualInvestorPLUS
uses and shares the personally identifiable information
you provide to us in ways related to those described
above. We reserve the right to disclose any and all
pertinent customer information to law enforcement or
other government officials as we, in our sole discretion,
believe necessary or appropriate.
Our
Commitment to Data Security
VirtualInvestorPLUS
is concerned about the security of your information.
To prevent unauthorized access or disclosure, maintain
data accuracy, and ensure the appropriate use of information,
we have put in place reasonable physical, electronic,
and managerial procedures to safeguard and secure the
information we collect online. We use encryption technology
when collecting or transferring sensitive data such
as credit card information.
External
Links
Links
to third-party Web sites from the VirtualInvestorPLUS
Web site are provided solely as a convenience to you.
If you use these links, you will leave the VirtualInvestorPLUS
site. We have not reviewed these third-party sites and
do not control them. VirtualInvestorPLUS does not assume
responsibility for any of these sites, their content,
or their privacy policies. VirtualInvestorPLUS does
not endorse or make any representations about them or
any information, software or other products or materials
found there, or any results that may be obtained from
using them. If you decide to access any of the third-party
sites linked to the VirtualInvestorPLUS site, you do
so at your own risk.
Cookies
There
are various technologies, including one called "cookies,"
which can be used to provide tailored information from
a Web site. A cookie is an element of data that a Web
site can send to your browser, which may then store
it on your system. Some VirtualInvestorPLUS pages may
use cookies or other technologies so that we can better
serve you when you return to our site. We do not use
cookies or similar technology to cross-relate personal
information about our visitors. You can set your browser
to notify you when you receive a cookie, giving you
the chance to decide whether to accept it. For more
information, please refer to user information provided
with your Web browser.
Your
Acceptance of These Terms
By
using the VirtualInvestorPLUS Web site, you signify
your assent to this Privacy Statement. If VirtualInvestorPLUS
updates or changes this Privacy Statement, the changes
will be made on this page. Your continued use of the
VirtualInvestorPLUS Web site following the posting of
changes to this Privacy Statement will mean you accept
those changes.
How
To Contact Us
Should
you have questions or concerns about this Privacy Statement,
please e-mail us at privacy@virtualinvestorsplus.com.
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| Refund
Policy |
| All
VirtualInvestorPLUS Packages include a 30-day money back
guarantee. If you are dissatisfied with your service for
any reason, you will receive a full refund (minus setup
fees and overage charges) if you cancel your account within
30 days of the activation of your account. Our
refund policy does not apply to any additional items
or services. This includes but is not limited to Domain
Registration and Dedicated services, as well as Reseller
programs. No refunds are available after 30 days. In
order to cancel service, you must contact the VirtualInvestorPLUS
Billing Team, Monday through Friday, 8:00 A.M. to 5:00
P.M. Eastern Time, at (800) 645-4113. VirtualInvestorPLUS
billing representatives will assist you with the cancellation
process. Please be aware that there are no pro-rated
refunds after the first 30 days of service. Non-US customers
may contact VirtualInvestorPLUS Billing Team via email
at billing@virtualinvestorsplus.com.
The
30-day money back guarantee does not apply to reseller
accounts or dedicated servers, or any fees associated
with these accounts. The 30-day money back guarantee
does not apply to account renewals.
Accounts
cancelled/terminated by VirtualInvestorPLUS for violating
our Terms Of Use do not qualify for the 30-day money
back guarantee. For example, if your account is cancelled
due to spamming, you will not be given any refund.
Please
allow 4-6 weeks for refunds of check or money order
payments.
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| VirtualInvestorPLUS
Online End User License Agreement |
| This
VirtualInvestorPLUS Online End-User License Agreement
("Agreement") is a binding legal contract
between you (either an individual or a legal entity)
and VirtualInvestorPLUS ("VirtualInvestorPlus").
By accessing or using any VirtualInvestorPLUS software
or service ("Application") you will be bound
by the terms of this Agreement. If you do not agree
to the terms of this Agreement, VirtualInvestorPLUS
is not willing to license any right to use or access
any Application to you. In such event, you may not access,
or use any Application, and you should promptly contact
your provider for instructions with respect to a refund
of fees paid by you, if any. As
used in this Agreement, the term "Application"
means any VirtualInvestorPLUS software or services rightfully
provided, or rightfully made available, to you by a
VirtualInvestorPlus-authorized provider ("Provider")
under the terms of a valid Application Service Provider
Agreement between VirtualInvestorPLUS and Provider ("ASP
Agreement"), including any or all associated Web
sites, media, printed materials and any "on-line"
or electronic documentation.
APPLICATION ACCESS AND USE LICENSE
The Application is licensed to you, not sold. Except
for the limited license granted in this Agreement, VirtualInvestorPLUS
and its licensors retain all right, title and interest
in the Application, all copies thereof, and all proprietary
rights in the Application, including but not limited
to, copyrights, patents, trademarks and trade secret
rights. Charges
Certain
services within the Application are available only through
the purchase of a Subscription. The following applies
to these Subscriptions. You
agree to pay via credit card or check the subscription
fees set forth on the site, applicable taxes, and other
charges incurred on your account in order to access
the Application. An authorized subscription Administrator
may add licenses by executing an additional order either
online or by contacting the VirtualInvestorPLUS Customer
Support Center. Added licenses will be subject to the
following: (i) added licenses will share the preexisting
Subscription Term (either Initial Term or renewal term)
(ii) the license fee for the added licenses will be
the then current, generally applicable license fee;
and (iii) licenses added in the middle of a billing
period will be charged for that billing period, on a
pro rata basis, as well as the subsequent billing period.
In
the case of credit card payments VirtualInvestorPLUS
automatically charge your account in advance on a monthly
or yearly basis for the subscription according to the
terms set forth in this agreement. In the event VirtualInvestorPLUS
cannot charge your credit card account, VirtualInvestorPLUS
reserves the right to terminate your access to the Application.
In
addition to the charges set forth above, you are responsible
for all expenses and charges associated with accessing
the World Wide Web (also known as the Internet) and
connecting to the Site, any service fees associated
with such access and connection, and for providing all
equipment necessary for you to make such connection,
including, without limitation, computer and modem.
For
purposes of identification and billing, you agree to
proviate VirtualInvestorPLUS with accurate, current
and complete information required by the site subscription
registration for the Application, including, without
limitation, your legal name, address, telephone number(s),
email address, and applicable payment data (e.g. credit
card number and expiration date) and to maintain and
update this information to keep it accurate, current
and complete. Failure to provide and maintain accurate,
current and complete information may, at VirtualInvestorPluss
option, result in immediate suspension or termination
of your right to use the Application. If
the amount of disk storage required by the Customer
exceeds the maximum limit, you will be charged the then-current
storage fees. VirtualInvestorPLUS will use reasonable
efforts to notify you when the average storage used
per license reaches approximately 90% of the maximum.
VirtualInvestorPLUS reserves the right to establish
or modify its general practices and limits concerning
storage of Customer Data. VirtualInvestorPLUS
reserves the right to change the fees and usage policies
and to introduce new charges at any time, with at least
30 days prior notice to you, which notice may be provided
by e-mail. Non-Payment
In
addition to any other rights granted to VirtualInvestorPLUS
herein, VirtualInvestorPLUS reserves the right to suspend
or terminate this Agreement and your access to the Service
if your account becomes delinquent (falls into arrears).
Delinquent invoices (accounts in arrears) are subject
to interest of 1.5% per month on any outstanding balance,
or the maximum permitted by law, whichever is less,
plus all expenses of collection. You will continue to
be charged for User licenses during any period of suspension.
If you or VirtualInvestorPLUS initiates termination
of this Agreement, you will be obligated to pay the
balance due on your account computed in accordance with
this agreement. You agree that VirtualInvestorPLUS may
charge such unpaid fees to your credit card or otherwise
bill you for such unpaid fees.
1. GRANT OF LICENSE. This Agreement
grants you the following rights, as applicable:
Hosted Application. During the term
of this Agreement, VirtualInvestorPLUS grants you a
personal, revocable, nontransferable, nonexclusive and
non-assignable license to access and use via the Internet
the portion of the Application that is hosted by VirtualInvestorPLUS
or its subcontractors.
Enhancements. VirtualInvestorPLUS reserves
the right to upgrade, enhance, change or modify the
Application at any time in its sole discretion ("Enhancements").
Any Enhancements made available to you by VirtualInvestorPlus,
if any, will be subject to the terms of this Agreement.
Server Availability. In the event a
mission critical maintenance situation arises, VirtualInvestorPLUS
may be required to perform maintenance at any time.
During these maintenance periods, you may be unable
to transmit and receive data. You agree to cooperate
with VirtualInvestorPLUS during these maintenance periods.
In addition, VirtualInvestorPLUS partners with best
of breed Internet data centers to provide the appropriate
bandwidth and performance levels for the Application.
However, the true performance and speed of Internet
access depends on many factors that are outside of VirtualInvestorPLUS
control. VirtualInvestorPLUS does not give any warranties
or undertakings as to the performance or quality of
the service in this regard.
Term. This Agreement shall commence
on the earlier of (i) the date this Agreement is executed
by you or (ii) the date you first download, install,
access or use the Application, and shall continue until
the earlier of (i) the termination of this Agreement,
or (ii) the expiration or termination of the ASP Agreement.
Data Backup. VirtualInvestorPLUS will
produce regular backups of your data. Assuming all fees
owed by you are current and have been paid, we will
continue to backup your data. Your data will be available
to you while you are actively using the Application
AND within the three months following the termination
of your Subscription. Charges will apply for this service.
Prior to terminating your subscription you should download
or print all data that you may require. VirtualInvestorPLUS
will only maintain your data for 90 days after termination
of your subscription.
2. LIMITATIONS ON LICENSE. The license
granted to you in this Agreement is restricted as follows:
Limitations on Copying and Distribution.
You may not copy or distribute the Application except
to the extent that copying is necessary to use the Application
for purposes set forth herein.
Limitations on Reverse Engineering and Modification.
You may not reverse engineer, decompile, disassemble,
modify or create works derivative of the Application.
You may not alter or modify any disabling mechanism
which may be resident in the Application.
Sublicense, Rental and Third Party Use.
You may not assign, sublicense, rent, timeshare, loan,
lease, commercialize or otherwise transfer the Application,
or directly or indirectly permit any third party to
use or copy the Application. You will keep any passwords
associated with the use of the Application in strict
confidence, and will not share such passwords with any
third party. You will be solely responsible for all
use of the Application made with your passwords, if
any. Copyright. The Application is
protected by United States copyright laws and international
treaty provisions. Except for the limited license provided
in this Agreement, VirtualInvestorPLUS reserves all
rights in and to the Application and all underlying
data, compilations and information maintained by VirtualInvestorPlus,
including but not limited to, the exclusive rights under
copyright and the right to grant further licenses. Therefore,
you must treat the Application like any other copyrighted
material (e.g., book or musical recording). You may
not copy the written materials accompanying the Application.
You may not remove the copyright notice from the Application.
You agree to prevent any unauthorized copying of the
Application. Acceptable Use Limitation. As a condition
of your use of the Application, you warrant to VirtualInvestorPLUS
that you will not use the service for any purpose that
is unlawful, or prohibited by this Agreement or Additional
Terms (as may be modified from time to time).
3. DISABLING MECHANISM. You acknowledge
and agree that the application may have a mechanis,
whereby VirtualInvestorPLUS can disable the application.
You agree that VirtualInvestorPLUS may use any such
mechanism in the event of the expiration of this agreement
or your breach of this agreement, or a breach of your
Providers ASP Agreement.
4.
TERMINATION.
Breach
of Agreement. Without
prejudice to any other rights, VirtualInvestorPLUS may
immediately and without notice terminate this Agreement
and all rights granted hereunder if you fail to comply
with any of the terms and conditions of this Agreement.
Infringement Claims. In the event
of a claim of intellectual property infringement by
any third party relating to the Application ("Infringement
Claims"), VirtualInvestorPLUS reserves the right
to immediately terminate this Agreement and the rights
granted hereunder.
Termination of ASP Agreement. In the
event of any termination or expiration of your Providers
ASP Agreement, VirtualInvestorPLUS may terminate this
Agreement and the rights granted hereunder, with or
without cause, in its sole discretion. Licensees
Termination Obligations. In the event of any
expiration or termination of this Agreement for any
reason, you must remove all copies of the Application
and all of its components from all of your systems,
and destroy all related media and documentation, if
any.
5. EXPORT. You may not export the
Application without the prior written approval of VirtualInvestorPlus.
If the Application was purchased in the United States,
you agree to comply with all applicable United States
laws and regulations pertaining to export controls.
If the Application was purchased outside the United
States, you may not re-export the Application except
as permitted by the laws of the United States and the
laws of the jurisdiction in which you purchased the
Application.
6. U.S. GOVERNMENT RESTRICTED RIGHTS.
The Application and documentation are provided with
RESTRICTED RIGHTS. Use, duplication, or disclosure by
the Government is subject to restrictions as set forth
in subparagraph (c)(1)(ii) of the Rights in Technical
Data and Computer Software clause at DFARS 252.227-7013
or subparagraphs (a) through (d) of the Commercial Computer
Software Restricted Rights at 48 CFR 52.227-19, and
in similar clauses in the NASA FAR Supplement, as applicable.
Manufacturer is VirtualInvestorPlus, P.O. Box 6078,
Palm Harbor, FL 34684.
7. THIRD PARTY CONTENT. Any opinions,
advice, statements, services, offers, or other information
that is part of the content accessible via the Service
that is expressed or made available by third parties
are those of the respective authors or distributors
and not of VirtualInvestorPlus. It is your responsibility
to evaluate the information, opinions, advice or other
Content available through the Web site, whether listed
or provided by third parties or by VirtualInvestorPlus.
VirtualInvestorPLUS ASSUMES NO RESPONSIBILITY AND MAKES
NO REPRESENTATIONS, WARRANTIES, RECOMMENDATIONS, ENDORSEMENTS
OR APPROVALS WITH REGARD TO THIRD PARTY INFORMATION.
8. NO WARRANTIES. THE APPLICATION
AND SERVICES ARE PROVIDED ON AN "AS AVAILABLE,"
"AS IS" BASIS. TO THE MAXIMUM EXTENT PERMITTED
BY LAW, VIRTUALINVESTORPLUS, ITS PARENT COMPANY, SUBSIDIARIES,
AFFILIATES AND ITS LICENSORS DISCLAIM ALL WARRANTIES
WITH RESPECT TO THE APPLICATION AND SERVICES, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF NON-INFRINGEMENT,
TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF
INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE. VirtualInvestorPLUS
DOES NOT WARRANT THAT THE APPLICATION OR SERVICES WILL
MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE
APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE,
OR THAT DEFECTS IN THE APPLICATION, SERVICES OR RELATED
DOCUMENTATION WILL BE CORRECTED. VirtualInvestorPLUS
makes no representation of any kind, express or implied,
as to the operation or reliability of the SERVICES,
the accuracy or completeness of any information ACCESSIBLE
VIA THE SERVICES, or the availability, quality or safety
of any products OR SERVICES AVAILABLE THROUGH THE SERVICES.
further, VirtualInvestorPLUS does not warrant that the
Application or SERVICES, or THE content AVAILABLE THROUGH
THE SERVICES are free of viruses or other harmful components.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY VirtualInvestorPLUS
OR PROVIDER SHALL CREATE A VirtualInvestorPLUS WARRANTY
OR IN ANY WAY INCREASE THE SCOPE OF VirtualInvestorPLUS
OBLIGATIONS HEREUNDER.
9. NO DAMAGES. TO THE MAXIMUM EXTENT PERMITTED
BY LAW, IN NO EVENT SHALL VIRTUALINVESTORPLUS, ITS PARENT
COMPANY, SUBSIDIARIES, AFFILIATES OR ITS SUPPLIERS BE
LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT
LIMITATION, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT
DAMAGES, WHICH SHALL INCLUDE, WITHOUT LIMITATION, DAMAGES
FOR PERSONAL INJURY, LOST PROFITS, LOST DATA AND BUSINESS
INTERRUPTION) ARISING OUT OF THE USE OR INABILITY TO
USE THE APPLICATION OR SERVICES, EVEN IF VirtualInvestorPLUS
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ANY CASE, VirtualInvestorPLUS ENTIRE LIABILITY UNDER
THIS AGREEMENT SHALL BE LIMITED TO THE INITIAL FEE PAID
BY YOU, IF ANY, FOR THE APPLICATION. YOU AGREE THAT
YOU WILL HAVE SOLE AND COMPLETE RESPONSIBILITY FOR ANY
DECISIONS MADE OR ACTIONS TAKEN BY YOU IN RELIANCE UPON
THE SERVICES OR APPLICATION. YOU AGREE AND ACKNOWLEDGE
THAT THE SERVICES AND APPLICATION ARE NOT INTENDED TO
SUPPLY TAX, INVESTMENT, OR LEGAL ADVICE.
10. INDEMNITY. You agree to indemnify,
defend and hold harmless VirtualInvestorPlus, its parent
company, subsidiaries, affiliates and its officers,
directors, shareholders, agents, affiliates, and licensors
harmless from and against any and all third party claims
of any kind (along with attorney's fees and litigation
costs) arising out of, resulting from, or in connection
with your breach of this Agreement or your use or misuse
of the Application or services, including but not limited
to, claims for personal injury or property damage.
11. GOVERNING LAW. This Agreement
is governed by and construed in accordance with the
laws of the State of Florida, U.S.A as applied to agreements
entered into and wholly performed within Florida between
Florida residents. This Agreement shall not be governed
by the 1980 U.N. Convention on Contracts for the International
Sale of Goods. Any action or proceeding brought by either
party hereto shall be brought only in a state or federal
court of competent jurisdiction located in the County
of Pinellas, State of Florida and the parties submit
to the in personal jurisdiction of such courts for purposes
of any action or proceeding.
12. FORCE MAJEURE. VirtualInvestorPLUS
shall not be responsible for any delays, errors, failures
to perform, interruptions or disruptions in the Application
or Services caused by any acts of God, strikes, lockouts,
riots, acts of war, changes in law or regulations, fire,
flood, earthquake, storm, power failure or failures
of the Internet.
13. GENERAL. This Agreement constitutes
the entire understanding and agreement between VirtualInvestorPLUS
and you with respect to the transactions contemplated
in this Agreement and supersedes all prior or contemporaneous
oral or written communications with respect to the subject
matter of this Agreement, all of which are merged in
this Agreement. This Agreement shall not be modified,
amended or in any way altered except by an instrument
in writing signed by authorized representatives of both
parties. In the event that any provision of this Agreement
is found invalid or unenforceable pursuant to judicial
decree, the remainder of this Agreement shall remain
valid and enforceable according to its terms. Any failure
by VirtualInvestorPLUS to strictly enforce any provision
of this Agreement will not operate as a waiver of that
provision or any subsequent breach of that provision.
IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT IN THE EVENT
ANY REMEDY HEREUNDER IS DETERMINED TO HAVE FAILED OF
ITS ESSENTIAL PURPOSE, ALL LIMITATIONS OF LIABILITY
AND EXCLUSIONS OF DAMAGES SET FORTH HEREIN SHALL REMAIN
IN EFFECT.
14. AUTHORIZATION. By accessing, or
using the Application or Services, you indicate that
you have the authority to bind yourself and your organization
to the terms of this Agreement.
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| Virtual
Office Manager End User Service Agreement |
| This
End User Service Agreement ("VOM Service Agreement")
for the Virtual Office Manager service offered as part
of the VirtualInvestorPLUS real estate investment management
system by VirtualInvestorPLUS and its authorized reseller
partners is a binding legal contract between you (either
an individual or a legal entity) and VirtualInvestorPLUS
("VirtualInvestorPlus"). By accessing or using
the Virtual Office Manager service you will be bound
by the terms of this VOM Service Agreement. If you do
not agree to the terms of this End User service Agreement,
VirtualInvestorPLUS is not willing to grant the right
to use the Virtual Office Manager Service. In such event,
you may not access the Virtual Office Manager service
and you should promptly contact VirtualInvestorPLUS
for instructions with respect to a refund of fees paid
by you, if any. The Virtual Office Manager service is
delivered by a third party answering service, hereinafter
referred to as “Service Provider.”
1.
TRANSMISSION SERVICES. Cellular, Email and
Paging transmission service is provided through multiple
providers, and such service as well as any other Service
Provider service is at all times subject to all rules
regulations and any applicable tariffs of the Federal
Communications Commission and any other governmental
entity. Your access to cellular, email and paging is
subject to interruption, delays, errors or defects in
transmission, weather and natural phenomena, various
types of interference and other causes. In view of the
difficulties, which may arise in the transmission of
oral messages by telephone, by eavesdropping or interception
of data and /or conversations through any and all public
communications means (including, but not limited to
facsimile, telephone, pager and electronic mail) no
liability shall in any case attach to Service Provider
or VirtualInvestorPLUS and all such risks are assumed
by the subscriber should any failure or interception
occur.
2. CONFIDENTIALITY OF MESSAGES. Service
Provider and VirtualInvestorPLUS shall treat all messages
as confidential with the exception that it shall cooperate
with all law enforcement agencies in disclosing whatever
information they should require in the performance of
their legal duties.
3. SERVICE AVAILABILITY. You assume
the risk of service interruptions, equipment breakdowns,
delays, errors or defects in transmission or failure
to transmit and risk of loss and/or damage to messages.
Neither VirtualInvestorPLUS nor Service Provider shall
be liable for such risks. In addition while Service
Provider will make reasonable efforts to maintain reliable
and continuous service, there will be some scheduled
and nonscheduled downtime, usually for maintenance reasons.
Neither VirtualInvestorPLUS nor Service Provider will
be liable for any claimed damage from such downtime.
4. ASSIGNMENT OF AGENCY. You appoint
VirtualInvestorPLUS and its service providers to act
as your agent to deal with your Local Exchange Carrier
and other carriers according to your requests for the
purpose of arranging network configurations, ordering
service and the like as they relate to the Virtual Office
Manager Service.
5. CALL VOLUME. If the service provider
for the Virtual Office Manager receives such heavy telephone
traffic on your assigned telephone line(s) that access
to the service provider’s services by other users
becomes impaired, then service provider may restrict,
suspend or even terminate your access to the Virtual
Office Manager services without notice.
6. NUMBER PORTABILITY. Any and all
telephone number(s) supplied through VirtualInvestorPLUS
for your use shall remain the property of the service
provider. This includes, but is not limited to Toll
Free numbers.
7. BILLING. The Virtual Office Manager
services are subject to per minute charges. Live operator
services are calculated based upon operator time. Certain
automated functions involving out dial to the network
traditionally done by operators may be counted as operator
time. All accounts are subject to billing for account
maintenance and /or update time, as well as fees for
research and other update and call tracking fees. Non-use
of a subscribed service does not constitute a basis
for credit. VirtualInvestorPLUS and Service Provider
may withhold messages from any subscriber who is in
arrears of the payment of his/her account.
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| Talking
Home Assistant End User Service Agreement |
| This
End User Service Agreement ("THA Service Agreement")
for the Talking Home Assistant service offered as part
of the VirtualInvestorPLUS real estate investment management
system by VirtualInvestorPLUS and its authorized reseller
partners is a binding legal contract between you (either
an individual or a legal entity) and VirtualInvestorPLUS
("VirtualInvestorPlus"). By accessing or using
the Talking Home Assistant service you will be bound
by the terms of this THA Service Agreement. If you do
not agree to the terms of this End User service Agreement,
VirtualInvestorPLUS is not willing to grant the right
to use the Talking Home Assistant service. In such event,
you may not access the Talking Home Assistant service
and you should promptly contact VirtualInvestorPLUS
for instructions with respect to a refund of fees paid
by you, if any. The Talking Home Assistant service is
hosted and delivered by a third party provider, hereinafter
referred to as “Provider.”
1.
SERVICE AVAILABILITY. The Service may be interrupted
from time to time at the sole discretion of the Provider
and for emergency repairs or as a result of circumstances
beyond the control of the Provider. Provider will make
reasonable efforts to limit service interruptions due
to system maintenance or updates to off peak windows.
In addition, you agree to use the Service in a manner
consistent with any and all applicable laws and regulations
and in compliance with any stated policies and procedures.
2. COPYRIGHT, TRADEMARK, REDISTRIBUTION, AND
USE RESTRICTIONS. You agree that ALL the information
contained in the Talking Home Assistant service is the
property of the Provider and/or its licensors and is
protected by copyright. All trademarks appearing on
the Service are owned by their respective companies.
You are permitted to store, manipulate, analyze, reformat,
print, and display the information contained in the
Service for your individual use only. You agree not
to use, or permit anyone else to use, any information
received from the Service for any unlawful purpose.
3. USER ID AND PIN. Upon activation
of the Talking Home Assistant service you will choose
a User ID and PIN. Please protect them and do not allow
others access to your account. You are responsible for
maintaining the confidentiality of the User ID and PIN
and are liable for any harm resulting from unauthorized
access to and use of the Service. You will remain liable
for any unauthorized use, and charges resulting from
such use of the Service until you notify Provider.
4. CODE ABUSE. You agree that although
you may have as many codes as needed, you will not hoard
excessive numbers of codes. You will only maintain as
many codes as needed to reasonably conduct business.
Provider may, at its sole discretion, reclaim inactive
codes at any time.
5. CHARGES FOR CLOSED ACCOUNT. You
are responsible for toll charges associated with calls
made to your codes for 30 days after closing your account.
The toll charges will be billed to the credit card associated
with the account at the end of the 30 day period. Calls
made to Codes on a closed account will receive a "code
invalid" message.
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