End User License Agreement
Welcome to Vexlio!
The following end-user license agreement (“Agreement”) describes the terms on which VEXLIO LLC, a North Carolina LLC, doing business at PO Box 98931, Raleigh, NC 27624, its owners, agents, and affiliates (“Publisher”) offers you (“You” or “Customer”) access to its software and services. BY CLICKING THE “I AGREE” BUTTON OR BY ACCESSING, VISITING, BROWSING, USING OR ATTEMPTING TO INTERACT WITH ANY PART OF THE SOFTWARE OR OTHER PUBLISHER WEB SITE (COLLECTIVELY “SOFTWARE”), YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THIS SOFTWARE.
PUBLISHER RESERVES THE RIGHT, FROM TIME TO TIME, WITH OR WITHOUT NOTICE TO YOU, TO MAKE CHANGES TO THIS AGREEMENT IN THE PUBLISHER’S SOLE DISCRETION. CONTINUED USE OF ANY PART OF THE SOFTWARE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES. THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERCEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY CLICKING ON THE “LEGAL” HYPERLINK LOCATED AT THE BOTTOM OF THE PAGE ON THE PUBLISHER’S WEB SITE.
Publisher hereby grants to Customer a personal, perpetual, nonexclusive, nontransferable revocable license to download, install, execute and use the Software on up to three electronic devices per user license key code (the “License”). You may add additional electronic devices by paying for additional user license keys. User license keys are not transferable.
You may copy the Software as necessary to use it in accordance with this License or for backup purposes in support of your personal noncommercial use of the Software. You must be 18 or older to use the Software.
You may not modify, copy, distribute, display, send, perform, reproduce, upload, post, transmit, publish, license, sublicense, create derivative works from, transfer, rent, lease, or sell the Software in any way without the prior written consent of Publisher. You further agree that you will not attempt to reverse engineer, decompile, modify, translate, or disassemble the Software in whole or in part at any time.
You have no right under this License to maintenance, support, training, updates or upgrades of the Software. If available, information about support, maintenance, training, updates, or upgrades of the Software are posted on Publisher’s website.
The License is conditioned upon your compliance with the terms of this Agreement. Publisher reserves the right to terminate the Agreement in its sole discretion for any reason. In the event you breach this Agreement, fail to timely pay the license fee, or the Agreement is otherwise terminated by Licensor, the License is automatically revoked and terminated and you must immediately stop all use of the Software and destroy it together with all copies and discontinue all use.
2. COPYRIGHT AND INTELLECTUAL PROPERTY
The Software is the exclusive property of Publisher, who retains all right, title, interest and intellectual property rights in the Software. No intellectual property or ownership rights are transferred to you by installation, execution, or use of the Software. You agree not to directly or indirectly question, attack, contest, or in any other manner impugn Publisher’s rights in the Software in any action, demand, claim, suit, or proceeding in which enforcement of a provision of this Agreement is sought.
The Software and all contents of Publisher’s Web sites are: Copyright © 2017, VEXLIO LLC. All rights reserved. You agree not to remove any copyright notice or other proprietary or restrictive notice or legend contained or included in the Software and shall retain all such notices and legends on any and all permissible copies of the Software made under this Agreement.
3. TRIAL PERIOD
Subject to the terms of this Agreement and the discretion of Publisher, You may use some or all features of the Software free of charge for a period of thirty (30) days (the “Trial Period”). At the end of the Trial Period, you must purchase a license key to continue use of the Software. Failure to pay the license fee at the end of the Trial Period will result in the automatic termination of this License. In the event of non-payment, Licensor may disable the Software and delete any related user data and you must immediately stop all use of the Software and destroy it together with all copies and discontinue all use.
YOUR USE OF THE SOFTWARE IS AT YOUR OWN RISK. THE SOFTWARE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. PUBLISHER DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT. PUBLISHER DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SOFTWARE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PUBLISHER DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE SOFTWARE IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE SOFTWARE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND PUBLISHER MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT PUBLISHER, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SOFTWARE OR ITS CONTENT OR THE TERMINATION OF THIS LICENSE BY PUBLISHER. PUBLISHER MAKES NO WARRANTIES THAT YOUR USE OF THE SOFTWARE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
5. LIMITATION ON LIABILITY
PUBLISHER, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF PUBLISHER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF PUBLISHER AND ITS SUBSIDIARIES, AFFILIATES, ADVERTISERS, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $30 OR THE AMOUNT YOU HAVE PAID TO PUBLISHER FOR THE SOFTWARE OR SERVICE OUT OF WHICH LIABILITY AROSE.
6. TERMINATION OR RESTRICTION OF ACCESS
Publisher reserves the right, in its sole discretion, to restrict, limit or terminate your access to the Software and related services, your user data, or any portion thereof at any time, without notice.
You hereby release, indemnify, defend, and hold Publisher, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from and against any claim, damages, or liability due to any injuries, losses or damages to any person (including death) or property of any kind resulting in whole or in part, directly, or indirectly, from the receipt, enjoyment, ownership, possession, use, misuse, termination by Publisher, or inability to use the Software or information provided by the Software whether under contract, tort (including negligence), warranty or any other applicable sources of law, including, without limitation, (i) breach of this Agreement by you, your agents, or affiliates, (ii) any condition caused by events beyond Publisher’s control that may cause the Software to be disrupted or corrupted, (iii) any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of your use of the Software, and (iv) any printing or typographical errors in the Software. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the Software.
You agree to abide by the export control regulations of the United States Department of Commerce and other United States governmental regulations relating to the export of licensed software. Failure to obtain an export control license or other authority from the government may result in criminal liability under U.S. laws.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Publisher as a result of this Agreement or use of the Software.
You may not assign or otherwise transfer the Software or this Agreement without the prior written consent of Publisher.
This Agreement constitutes the entire agreement among the parties relating to this subject matter and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between the user and Publisher with respect to the Software.
1. PERSONAL INFORMATION COLLECTION.
It is the policy of VEXLIO LLC (“Vexlio” or “Publisher”) to respect and protect the privacy of visitors to Publisher’s website. Accordingly, Publisher DOES NOT extract without permission personal identifying information about its visitors or their computer at any time while on Publisher’s website. We will collect personal identifying information such as names, home addresses, e-mail addresses, age, etc. only when a visitor voluntarily provides it to us on the Vexlio website or in using other services, for example, if you request more information, place an order, participate in an event or promotion, send questions or comments via e-mail to customer support, and/or fill out an online survey. Sensitive personal information, such as medical information, should not be submitted to us.
2. USE OF PERSONAL INFORMATION.
We may use and disclose your personal identifying information in a number of ways related to your use of our Site. We may use your personal identifying information in connection with sending you specific, targeted information that may be of interest to you. We may use your contact information, such as your e-mail address or mobile number, to confirm receipt of your information on our Site, to fulfill your requests, to confirm receipt of a request, to send you advertising or promotional materials, to collect and answer questions and correspondence from our visitors, for marketing and research, or for other similar purposes. We also analyze information about our visitors as a group to make our website better, but visitors are not individually identified when we do this.
3. PERSONAL INFORMATION DISCLOSURE TO THIRD PARTIES.
Publisher will NOT sell, rent or give a visitor’s personally identifying information to any third party unless Publisher asks for and receives the visitor’s permission at the time the personal information is collected. Publisher does however, share aggregate information about the users of Publisher’s website with our advertisers, business partners, sponsors and certain others. As mentioned above, this aggregate information is used to develop, improve and customize Publisher’s website to better serve visitors to our website. We may also share your information when we work with another company to offer or provide products, services, contests or promotions to our customers.
Your personal identifying information may be disclosed if we are compelled by law or legal process to disclose it. We cooperate with law enforcement inquiries, we obey court orders, and we honor subpoenas and other legal process. We may also disclose such information if we determine, in our sole discretion, that disclosure would be useful in connection with investigating possible non-compliance either with the law or any Vexlio policy, or in cases of injury to or interference with (whether intentionally or unintentionally) Publisher’s rights or property or those of anyone else who may be harmed by such actions, such as our users or visitors.
4. EDITING INFORMATION; UNSUBSCRIBING FROM WEBSITE.
We provide instructions on the Vexlio website on how you can remove yourself from automated messages we send. Should you have a technical problem doing this please contact firstname.lastname@example.org. You may opt out of receiving special offers, promotions or mailings from us or third parties at any time. Only those users who have not opted out of receiving such communications from us or third parties will receive such offers. Otherwise, we will not sell our member contact list or provide your personal identifying information to any other person or entity in the ordinary course of our business, although we reserve the right to transfer such information in connection with a change in ownership of Vexlio LLC.
Please note that it may take up to 10 business days to process your request to update your personal information or remove you from our email list. If we change or delete information in response to your request, we will not then continue to use it; however, some residual information may remain in backup records or records of deletions.
5. REQUESTS FOR FEEDBACK.
Vexlio may request feedback from visitors regarding an activity or piece of content on the Vexlio website. Feedback is used for internal purposes only, and any personally identifiable information that is accidentally submitted is deleted.
6. THIRD PARTY ADVERTISEMENTS AND/OR LINKS.
Vexlio may include advertisements and/or links to websites operated by third parties that are not sponsors and are not affiliated with or endorsed by Publisher. Publisher tries to make sure that when there are links off the Publisher website, they are working and lead visitors to interesting, fun and informative areas. However, we cannot guarantee what exactly is presented on other sites or where links elsewhere may lead. Publisher is not responsible for the content, practices, or information provided or requested on websites operated by third parties. Further, advertisements on and links to or from Vexlio do not constitute sponsorship, endorsement, or approval by Publisher of the content, policies, practices or products or services offered on these websites.
The importance of security for all personally identifiable information associated with Vexlio users and visitors is important to us. Publisher implements a variety of technologies to make the Publisher website as secure as possible against unauthorized access and takes commercially reasonable efforts to protect the information visitors choose to provide to us. Publisher periodically reviews and updates these measures. Publisher uses TLS (Transport Layer Security) encryption when credit card information is transmitted to us. Unfortunately, no data transmission over the Internet can be guaranteed to be one hundred percent (100%) secure. As a result, Publisher cannot ensure or warrant the security of any information transmitted to us or from our online products or services, and a visitor does so at his or her own risk.
8. QUESTIONS, SUGGESTIONS, AND COMMENTS
9. VEXLIO’S PARENTAL CONSENT POLICY
Publisher is committed to protecting the online privacy of children. In accordance with the Children’s Online Privacy Protection Act, Publisher will not knowingly collect any personally identifiable information from children under the age of thirteen (13) without first obtaining parental consent.
10. POLICY CHANGES AND WEB SITE MAINTENANCE
Last updated November 13, 2017.