VANTORA TERMS OF SERVICE
1. Your Acceptance of Terms
The following Terms of Service (“TOS”) are between you and Vantora and constitute a legal agreement that governs your use of the Vantora product, software, services and website, as more fully described at Vantora (collectively referred to as the “Service”). You must agree to these TOS before you can use the Service. You can agree to these TOS by: (a) actually using the Service, or (b) clicking a box that indicates you agree to the Service, where such a box is made available to you. If you do not agree to any of the following terms, you may not use the Service. You should print or otherwise save a copy of these TOS for your records. “Vantora”., located at 582 E Hwy 121 Lewisville, TX 75057.
To use and/or register for the Service you must be: (a) of legal age to form a binding contract with Vantora Inc, (b) having the mental and legal capacity to form a binding contract and (c) cannot be a person barred from receiving the Service under the laws of the United States or other applicable jurisdiction, including the country in which you reside or from where you use the Service. By accepting these TOS you represent that you understand and agree to the foregoing.
Vantora may update or change these TOS from time to time and recommends that you review the TOS on a regular basis. You can review the most current version of the TOS at any time. If Vantora makes a change to the TOS, it will post the revised TOS on our website at the link as herein noted. You understand and agree that your continued use of the Service after the TOS has changed constitutes your acceptance of the TOS as revised. Without limiting the foregoing, if Vantora makes a change to the TOS that materially impacts your use of the Service, Vantora may post notice of any such change on our website and/or email you notice of any such change to your Vantora account.
2. Description of the Service
Overview of Service
Vantora uses a web based, hosted solution that businesses can use in order to facilitate on line bookings (reservations) and on line Waivers and additionally promotional emails, invitations, etc. By putting links onto your web page, you can easily drive traffic to your Vantora Member Account area where your customers can reserve your goods and or services. Vantora will assist but is in no way responsible for the settings you utilize for your available times. Additionally, your customers may complete digital waivers, and Vantora is not responsible for the legalesse contained in such waivers, and you are ultimately responsibile for the legality of using such a system and should check with your attorney and insurance company before using any system.
Privacy of your Data
As your customers will be adding data to the Vantora System, this data is accessable to Vantora management and programmers. Your customer data WILL NOT BE USED, SOLD OR DISTRIBUTED EITHER BY VANTORA, OR ANY 3RD PARTY. It will only be accessed by Vantora as needed for maintainance of the Vantora systems. It is possible that Vantora my gather like data to that of any Vantora user, and if not gained though your data, Vantora is free to use it as it deems proper or necessary. For example, if Vantora runs a contest to get more people to download the Vantora app, Vantora might independently obtain names and or emails or other data of users, that could also be or become one of your users, or vice versa, and in this scenario, Vantora would have the rights to the data they independently gathered, but not the right to data you had gathered and vice versa.
Scope of your Data
While the Vantora System uses 128 bit encryption, it is not intended to hold sensitive data. You should never ask for, gather, or store sensitive data such as Social Security Numbers, credit card numbers, etc on the Vantora System.
Use of the Service requires one or more compatible devices, certain software and internet access with compatible ISP (broadband required for web applications); separate fees may apply. Vantora does not sell any hardware or fixtures. Your use of the Service may be affected by certain combinations of hardware, software and/or internet access. High speed internet access is strongly recommended.
Changing the Service
Vantora reserves the right to modify or stop the Service (or any part thereof), either temporarily or permanently, at any time or from time to time, with or without prior notice to you. Without limiting the foregoing, Vantora may post on our website and/or send email to your Vantora account, notice of such changes to the Service. It is your responsibility to review our website and/or check your email address provided to Vantora for any such notices. You agree that Vantora shall not be liable to you or any third party for any modification or cessation of the Service.
Limitations on Use
You agree to use the Service only for purposes as permitted by these TOS and any applicable law, regulation, or generally accepted practice in the applicable jurisdiction. Your Vantora account is not limited to any number of reservations or waivers. Vantora reserves the right to modify and or add limitations on use at any time with 30 day advance notice to you.
Completed reservations and waivers will be stored for paying customers at any level of service for as long as their account remains current. If you terminate your paid account, your reservations and waivers will be automatically deleted thirty days after your account is terminated.
Availability of the Service
The Service, or any feature or part thereof, may not be available in all languages or in all countries and Vantora makes no representation that the Service, or any feature or part thereof, is appropriate or available for use in any particular location. To the extent you choose to access and use the Service, you do so at your own initiative and are responsible for compliance with any applicable laws, including, but not limited to, any applicable local laws.
3. Your Use of the Service
When you accept these TOS and complete the Vantora sign up process, you become the Vantora “Member Account” holder. You are will be assigned a web directory and you will be able to select a unique name upon sign up that will be used for your account (your “Member ID”). You are responsible for all activity that takes place on your Member Account.
Upon creating your Member ID you will be required to select a password. Please choose a strong password and do not reveal your password to others. You agree that you are responsible for keeping your password confidential and secure, and further understand that you are solely responsible and liable for any activities that occur under your Member ID. If you suspect or become aware of any unauthorized use of your account please contact Vantora Support and change all usernames and passwords for your account, and any other accounts you have set up for your site. You further acknowledge and agree that the Service is designed and intended only for the use of the Member opening an account and you should not share your account and/or password details with another individual or entity. You allowing anyone other than the subscriber to access your Member Account (other than your authorized employees or Vantora) is a violation of these TOS and grounds for immediate termination or suspension of your account without refund.
Sign Up Obligations
You agree that all information you provide to Vantora during the sign up process (“Sign Up Data”) will be true, accurate, complete and current information, and that you shall maintain and update the Sign Up Data as needed throughout your term to keep it accurate and current. Failure to provide accurate, current and complete Sign Up Data may result in the suspension and/or termination of your account.
Reservation Obligations of User
Vantora makes available the Service of allowing you to create reservations for your customers. Vantora does not handle the reservations, questions, complaints, or problems that might occur because or in spite of the booking software.
You are responsible for ensuring that you can fulfill all reservations, bookings, purchases and subscriptions made through the Service and for communicating changes directly to your customers. You are responsible for managing availability for the online scheduling of appointments and reservations including settings for staff, resources and services provided, bookable days and times for staff, resources and services provided, and lead times as may be appropriate to prevent double-bookings and other events which would adversely affect Your customers and their experience with the Service. You are responsible for reviewing your online appointments and reservations often and regularly. If you cannot honor any appointment or reservation made through the Service, You agree to promptly communicate such change to the relevant customers. You are responsible for charging customers’ credit cards only under explicit authorization by the customer. You are responsible for handling customer inquiries professionally and promptly. You are responsible for honoring cancellation/reschedule requests according to your advertised policy.
Nothing in these TOS shall be construed to convey to you any interest, title, or license in a Member ID, email address, domain name, intellectual property of Vantora or similar resource used by you in connection with the Service.
No Right of Survivorship
You agree that any rights to your Member ID or Content within your account terminate upon your death, or the dissolution, sale or bankruptcy of the Member if an entity. Upon receipt of a copy of a death certificate your account may be terminated and all Content within your account deleted after thirty days of such notice or returned to you. Contact support at for further assistance. In the event of a sale or transfer of the Subscriber, the Subscriber’s Content will remain stored so long as the transferee keeps the existing Membership Account current.
No Resale of Service
You agree that you will not reproduce, copy, duplicate, sell, resell, rent or trade the Service (or any part thereof) for any purpose.
Use of Location-based Services
5. Content and Your Conduct
“Content” means any information that may be generated or encountered through use of the Service, such as data files, written text, software, graphics, photographs, images, sounds, videos, and any other like materials. You understand that all Content whether publicly posted or privately transmitted on the Service is the sole responsibility of the person from whom such Content originated. This means that you, and not Vantora Inc, are solely responsible for any Content you upload, download, post, email, transmit, store or otherwise make available through your use of the Service. Vantora does not control the Content posted via the Service, nor does it guarantee the accuracy, integrity or quality of such Content. You understand and agree that your use of the Service and any Content is solely at your own risk.
While Vantora will make every effort including SSL 128 bit encryption of all data transfer, you agree that you will not store sensitive data in the Vantora system. We utilize 3rd party credit card processing through PayPal so as not to hold credit card numbers, or other sensitive or critical data on our servers. Any sensitive data should be stored in house and not exposed on the internet, even if protected by encryption. (keep in mind Target and Niemen Marcus had 70 million credit cards stolen).
Use of your Logo and images
Vantora shall use your Logo on the top of your reservation, waiver, and email notices. If you request, Vantora can also add custom pictures or images to your packages, and you give the right to Vantora to use such images on your Vantora pages, and additionally to utilize images or Logos when refering people to your reservation pages. Any use of your logo shall be accompanied by a link to your web site, or Vantora Reservation and or Waiver areas.
You agree that you will NOT use the Service to:
- upload, download, post, email, transmit, store or otherwise make available any Content that is unlawful, harassing, threatening, harmful, tortuous, defamatory, libelous, abusive, violent, obscene, vulgar, invasive of another’s privacy, hateful, racially or ethnically offensive, or otherwise objectionable;
- stalk, harass, threaten or harm another;
- if you are an adult, request personal or other information from a minor (any person under the age of 18 or such other age as local law defines as a minor) who is not personally known to you, including but not limited to any of the following: full name or last name, home address, zip/postal code, telephone number, picture, or the names of the minor’s school, church, athletic team or friends;
- pretend to be anyone, or any entity, you are not — you may not impersonate or misrepresent yourself as another person (including celebrities), entity, another Vantora subscriber, an Vantora employee, or a civic or government leader, or otherwise misrepresent your affiliation with a person or entity, (Vantora reserves the right to reject or block any Member ID which could be deemed to be an impersonation or misrepresentation of your identity, or a misappropriation of another person’s name or identity);
- engage in any copyright infringement or other intellectual property infringement, or disclose any trade secret or confidential information in violation of a confidentiality, employment, or nondisclosure agreement;
- upload, post, email, transmit, store or otherwise make available any material that contains viruses or any other computer code, files or programs designed to harm, interfere or limit the normal operation of the Service (or any part thereof), or any other computer software or hardware;
- interfere with or disrupt the Service (including accessing the Service through any automated means, like scripts or web crawlers), or any servers or networks connected to the Service, or any policies, requirements or regulations of networks connected to the Service (including any unauthorized access to, use or monitoring of data or traffic thereon);
- plan or engage in any illegal activity; and/or
- gather and store personal information on any other users of the Service to be used in connection with any of the foregoing prohibited activities.
Removal of Content
You acknowledge that Vantora is not responsible or liable in any way for any Content provided by others and has no duty to pre-screen such Content. However, Vantora reserves the right at all times to determine whether Content is appropriate and in compliance with these TOS, and may pre-screen, move, refuse, modify and/or remove Content at any time, without prior notice and in its sole discretion, if such Content is found to be in violation of these TOS or is otherwise objectionable.
Backup Of Your Content
As part of the Service, your Content will be stored so long as your account is not terminated.. Vantora may utilize third party storage with redundant backups. Although the possibility of data loss or corruption due to storage redundancy is very small, Vantora cannot guarantee or warrant that any content you may store or access through the service will not be subject to inadvertent damage, corruption or loss due to the acts of third parties beyond the control of Vantora. Such acts include, but are not limited to, acts of terrorism, nuclear war and acts of God.
Access to Your Account and Content
You acknowledge and agree that Vantora may access, use, preserve and/or disclose your account information and Content if legally required to do so or if we have a good faith belief that such access, use, disclosure, or preservation is reasonably necessary to: (a) comply with legal process or request; (b) enforce these TOS, including investigation of any potential violation thereof; (c) detect, prevent or otherwise address security, fraud or technical issues; or (d) protect the rights, property or safety of Vantora, its users or the public as required or permitted by law.
If you believe that any Content in which you claim copyright has been infringed by anyone using the Service, contact Vantora.
You agree to pay all fees and charges specified when you signed up for the Service and any part thereof. All fees are exclusive of applicable taxes (e.g. sales, use, or value-added tax), unless otherwise stated, and you are solely responsible for the payment of any such taxes that may be imposed on your use of the Service.
Credit Card Authorization
You may be asked to provide Vantora with a credit card number from a card issuer that we accept in order to activate and/or pay for any fees related to the Service. Vantora may seek pre-authorization of your credit card account prior to a purchase to verify the credit card is valid and/or has the necessary funds or credit available to cover your purchase. These pre-authorizations will reduce your available balance by the authorization amount until it is released or reconciled with the actual charge. Please contact your card issuer if you have additional questions regarding when an authorization amount will be removed from your statement.
Vantora will charge the monthly subscription fees and any other additional fees you authorize to the charge or credit card account provided by you. By authorizing Vantora to charge a credit card for the fees associated with your subscription, you are authorizing Vantora to automatically continue charging that card (or any replacement card if the original card is renewed, lost, stolen, or changed for any reason by the card issuer, and the issuer informs Vantora of the new replacement card account) for all fees or charges associated with your subscription including any renewal fees as described below. You authorize the card issuer to pay any amounts described herein and authorize Vantora, or any other company that acts as a billing agent for Vantora, to continue to attempt to charge all sums described herein to your credit card account until such amounts are paid in full. You agree to provide Vantora updated information on your credit card upon Vantora’s request and any time the information earlier provided is no longer valid. If payment is not received by Vantora from your credit card issuer or its agents, you agree to pay all amounts due upon demand by Vantora.
Automatic Renewal of Subscription
When you sign up online for the Service, your monthly subscription will be set to automatically renew each month. This means that unless you cancel your account or change its renewal settings prior to its expiration, your account will automatically renew for another month. At the time of renewal, we will charge your credit card the then-current fees to renew the Service. You may change your renewal settings by contacting Vantora.
Account Information and Billing Inquiries
You may contact Vantora for details on your account information including payment method and billing. Vantora shall send an electronic invoice to your Vantora listed email address whenever any Service fees are charged to your account. If you believe you have been billed in error for the Service please notify us within 45 days of the billing date by contacting Vantora.
Cancellations and Refunds
All fees and charges paid by you in relation to the Service are nonrefundable, except as otherwise stated herein. You may try the Vantora system for free for 3 months, then after monthly fees begin, you can request a full refund for all fees paid for up to 6 months of payments. After the initial 3 months, and the ensuing 6 months, charges will be nonrefundable.. To request a refund as described herein go to Vantora. Applicable local law may vary this policy.
Changes in Price
Vantora may at any time, change the price of the Service or any part thereof, or institute new charges or fees. Price changes and institution of new charges implemented during your subscription term will apply to subsequent subscription terms and to all new subscribers after the effective date of the change. If you do not agree to any such price changes, then you must cancel your account and stop using the Service. Your price for the next month due is shown in your admin General Settings, near the bottom of the page. If you have prepaid for any period, and change in price will become effective after your last payment is fully credited. Your continued use of the Service after the effective date of any such change shall constitute your acceptance of such change.
7. Content Submitted or Made Available by You on the Service
License from You
Except for material we may license to you, Vantora does not claim ownership of the materials and/or Content you submit or make available on the Service.
Changes to Content
You understand that in order to provide the Service and make your Content available thereon, Vantora may transmit your Content across various public networks, in various media, and modify or change your Content to comply with technical requirements of connecting networks or devices. You agree that the license herein permits Vantora to take any such actions.
8. Trademark Information
Vantora Inc, the Vantora logo, Vantora, the Vantora logo and other Vantora trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of Vantora Inc. in the US and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners. You are granted no right or license in any of the aforesaid trademarks, and further agree that you shall not remove, obscure, or alter any proprietary notices (including trademark and copyright notices) that may be affixed to or contained within the Service.
Vantora Inc’s Proprietary Rights
You acknowledge and agree that Vantora and/or its licensors own all legal right, title and interest in and to the Service, and any software provided to you as a part of and/or in connection with the Service (the “Software”), including any and all intellectual property rights that exist therein, whether registered or not, and wherever in the world they may exist. You further agree that the Service (including the Software, or any other part thereof) contains proprietary and confidential information that is protected by applicable intellectual property and other laws.
License From Vantora
Vantora grants you a personal, non-exclusive, non-transferable, limited license to use the Software as provided to you by Vantora as a part of the Service and in accordance with these TOS; provided that you do not (and do not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to discover the source code (unless expressly permitted or required by law), sell, lease, sublicense, assign, grant a security interest in or otherwise transfer any right in the Software.
Use of the Service and Software, including transferring, posting, or uploading data, software or other Content via the Service, may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations. In particular, but without limitation, the Software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Software or Service, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Software or Service for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You further agree not to upload to your Vantora account any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. This assurance and commitment shall survive termination of this Agreement.
As part of the Service, you may from time to time receive updates to the Software from Vantora which may be automatically downloaded and installed to your device. These updates may include bug fixes, feature enhancements or improvements, or entirely new versions of the Software. You agree that Vantora may automatically deliver such updates to you as part of the Service and you shall receive and install them as required.
Termination by You
You may terminate your account and/or stop using the Service at any time. To terminate your account contact Vantora Support. Any fees paid by you prior to your termination are nonrefundable (except as expressly permitted otherwise by these TOS), including any fees paid in advance for the term during which you terminate. Termination of your account shall not relieve you of any obligation to pay any accrued fees or charges.
Termination by Vantora Inc
Vantora may at any time, under certain circumstances and without prior notice, immediately terminate or suspend all or a portion of your account and/or access to the Service. Cause for such termination shall include, but not be limited to: (a) violations of the TOS or any other policies or guidelines that are referenced herein and/or posted on the Service; (b) a request by you to cancel or terminate your account; (c) discontinuance or material modification to the Service or any part thereof; (d) a request and/or order from law enforcement, a judicial body, or other government agency; (e) where provision of the Service to you is or may become unlawful; (f) unexpected technical or security issues or problems; (g) your participation in fraudulent or illegal activities; or (h) failure to pay any fees owed by you in relation to the Service. Any such termination or suspension shall be made by Vantora in its sole discretion, without any refund to you of any prepaid fees or amounts, and Vantora will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of your account and/or access to the Service.
Effects of Termination
Upon termination of your account by you or us other than for a material breach of these TOS, Vantora will make your Content available for download by you within 30 days from the date of termination. At the end of the period selected by you herein, Vantora shall delete all information and data stored in or as a part of your account(s) including, but not limited to, data files and Content. Any individual components of the Service that you may have used subject to separate software license agreements will also be terminated in accordance with those license agreements.
In the event that you are terminated for a material breach of these TOS, Vantora will make your Content available for download by you within 30 days from the date of termination. After thirty days from the date of the termination of your account, any Content stored for you by Vantora will be automatically deleted.
11. Links and Other Third Party Materials
Certain Content, components or features of the Service may include materials from third parties and/or hyperlinks to other web sites, resources or Content. Because Vantora may have no control over such third party sites and/or materials, you acknowledge and agree that Vantora is not responsible for the availability of such sites or resources, and does not endorse or warrant the accuracy of any such sites or resources, and shall in no way be liable or responsible for any Content, advertising, products or materials on or available from such sites or resources. You further acknowledge and agree that Vantora shall not be responsible or liable in any way for any damages you incur or allege to have incurred, either directly or indirectly, as a result of your use and/or reliance upon any such Content, advertising, products or materials on or available from such sites or resources.
12. Disclaimer of Warranties
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, AS SUCH, TO THE EXTENT SUCH EXCLUSIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS SET FORTH BELOW MAY NOT APPLY TO YOU.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. VANTORA AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN PARTICULAR, VANTORA AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (IV) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VANTORA OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
VANTORA MAKES NO REPRESENTATIONS THAT THE SERVICE IS APPROPRIATE, ENFORCEABLE OR AVAILABLE FOR USE IN YOUR JURISDICTION. THOSE WHO ACCESS OR USE THE SERVICE DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW. USERS OF THE SERVICE AND MEMBERS ARE ADVISED TO SEEK AND ARE SOLELY RESPONSIBLE SEEKING LEGAL ADVICE FROM AN ATTORNEY LICENSED IN YOUR JURISDICTION REGARDING THE ENFORCEABILITY OF DIGITAL WAIVERS, COMPLIANCE WITH ANY SPECIFIC REQUIREMENTS REGARDING DIGITAL SIGNATURES IN YOUR JURISDICTION AND COMPLIANCE WITH THE ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT, 15 U.S.C. § 7001 ET SEQ.
13. Limitation of Liability
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AS SUCH, TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS OR LIMITATIONS SET FORTH BELOW MAY NOT APPLY TO YOU. YOU EXPRESSLY UNDERSTAND AND AGREE THAT VANTORA AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES , INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES (EVEN IF Vantora HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SERVICE (II) ANY CHANGES MADE TO THE SERVICE OR ANY TEMPORARY OR PERMANENT CESSATION OF THE SERVICE OR ANY PART THEREOF; (III) THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE AND/OR SEND OR RECEIVE YOUR TRANSMISSIONS OR DATA ON OR THROUGH THE SERVICE; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; AND (VI) ANY OTHER MATTER RELATING TO THE SERVICE. IN ANY CASE, OUR AND OUR AFFILIATES’ AND LICENSORS’ AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT YOU ACTUALLY PAY US UNDER THIS AGREEMENT FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS PRECEDING THE CLAIM.
You agree to defend, indemnify and hold Vantora Inc, its affiliates, subsidiaries, directors, officers, members, employees, agents, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by a third party, relating to or arising from: (a) any Content you submit, post, transmit, or otherwise make available through the Service; (b) your use of the Service; (c) any violation by you of these TOS; or (d) your violation of any rights of another. This obligation shall survive the termination or expiration of these TOS and/or your use of the Service. You acknowledge that you are responsible for all use of the Service using your account, and that these TOS apply to any and all usage of your account. You agree to comply with these TOS and to defend, indemnify and hold harmless Vantora from and against any and all claims and demands arising from usage of your account, whether or not such usage is expressly authorized by you.
Vantora will not provide you with standardized digital waivers of liability for you to use, the laws regarding waivers of liability vary from state to state. If asked, to assist with your setup, Vantora may take a waiver document you have posted on your web site, or make available to us, and format it and add it to your Vantora Site. It is your responsibility to carefully read for content, omissions and errors any waiver document before you have customers use it. Vantora is not a provider of legal services or legal advice and it is important that you consult with your own lawyer to determine the legal enforceability of the waiver of liability form that you use. In particular, you, not Vantora, are responsible for determining the legal enforceability of any digital waivers of liability, including its compliance with The Electronic Signatures in Global and National Commerce Act (ESIGN, Pub. L. No. 106-229, 14 Stat. 464, 15 U.S.C. ch. 96) and the Uniform Electronic Transactions Act (UETA) as the UETA may be adopted in your state. You further agree, in addition to any other provisions contained herein, and without limiting the scope of any other provision herein, to hold Vantora, its parents, subsidiaries, affiliates, agents, officers, directors, members, employees, successors and assigns, harmless from any claim or demand, including reasonable attorneys’ fees and costs, that may arise in connection with your use of the digital waiver service and storage of digital waivers.
Vantora may provide you with notices regarding the Service, including changes to these TOS, by email to your email address provided, by regular mail, or by postings on our website and/or the Service. It is your responsibility to ensure that Vantora has your current, active email address on file.
16. Governing Law
Except to the extent expressly provided in the following paragraph, these TOS and the relationship between you and Vantora shall be governed by the laws of the State of Texas, excluding its conflicts of law provisions. You and Vantora agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Denton, Texas, to resolve any dispute or claim arising from these TOS. Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.
These TOS constitute the entire agreement between you and Vantora, govern your use of the Service and completely replace any prior or contemporaneous agreements between you and Vantora in relation to the Service. You may also be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software.
If any part of these TOS is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of Vantora to exercise or enforce any right or provision of these TOS shall not constitute a waiver of such right or provision. You agree that, except as otherwise expressly provided in these TOS, there shall be no third-party beneficiaries to this agreement. Any translation of these TOS is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of these TOS shall govern. In the event that any action is commenced arising out of these TOS, the prevailing party shall be awarded it’s reasonable attorney’s fees.
We and our affiliates will not be liable for any delay or failure to perform any obligation to you where the delay or failure results from any cause beyond our reasonable control, including acts of God, labor disputes or other industrial disturbances, systemic electrical, telecommunications, or other utility failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.
Statute of Limitations
You agree that notwithstanding any state statutes of limitations to the contrary, which are expressly waived by you, any claim or cause of action arising out of or related to these TOS or the use of the Service must be filed within one (1) year after the cause of action arose or be forever barred.
Revision date: March 05, 2014