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When using Obvio Communications, Inc.,
("Obvio") services ("services"), you agree to the terms and conditions
listed on this page (the "Terms of Use").
If you order or
use any Obvio services or visit our Website, you accept these Terms of Use
so please read them carefully. In addition, when you use any current or
future Obvio services whether or not included in our Website, you will also
be subject to our current Terms of Use.
Privacy
To understand our practices, please review our privacy policy that also
governs your visit to our Website and use of our services. A complete
statement of our privacy policy can be found at
www.obvioweb.com/privacy.htm.
Ownership
All rights that are not granted to you are reserved by Obvio. The services,
our technology, and any updates or improvements to the services and our
technology, are owned by Obvio and its licensors. Obvio and our licensors
own all copyrights, patents, trademarks, trade secrets, and other
intellectual property rights relating to or residing in our services. You
understand that our services and technology contain valuable software and
confidential information and you agree that you will not modify, reverse
engineer, decompile, create other works from, or disassemble any of our
software without our prior written consent.
Trademarks
Obvio, and our graphics, logos, page headers, button icons, scripts, and
service names are trademarks or trade dress of Obvio, Inc. Obvio trademarks
and trade dress may not be used in connection with any product or service
that is not provided or authorized in writing by Obvio, or in any manner
that is likely to cause confusion among customers, or in any manner that
disparages or discredits Obvio. All other trademarks not owned by Obvio that
appear on this site are the property of their respective owners, who may or
may not be affiliated with, connected to, or sponsored by Obvio.
Your Account
You are responsible for maintaining the confidentiality of your account
number and password and for restricting access to your account number and
password. You agree to accept responsibility and liability for all
activities that occur under your account or password whether lawful or
unlawful. You are also solely responsible for all uses of your account and
password, whether or not actually or expressly authorized by you. We do not
sell products or services for children. If you are under 18, you may use our
services only with involvement of a parent or guardian. We reserve the right
to refuse service, terminate accounts, remove or edit content, or cancel
orders in our sole discretion. Violation of Terms of Use may result in
immediate deletion of your account.
In order to ensure that we are able to
provide high quality services that are responsive to your needs, you agree
to allow our employees to access your account and records on a case-by-case
basis to investigate complaints. We will not disclose the existence or
occurrence of such an investigation unless required by law.
Payment
We will send you a monthly invoice for your use of the services. You agree
to pay the invoice by the due date. If you do not pay the entire invoice by
the due date we may apply a late payment charge at the lesser of one and one
half percent (1.5%) per month or the highest rate permissible under the
applicable law. At any time, we may require a deposit or other form of
advance payment prior to providing or continuing to provide Service based on
our evaluation of your credit. Unless we otherwise agree in writing, we may
adjust our fees at any time, but we will attempt to provide you with some
advanced notice. International rates can change without notice. Any features
or upgrades to our services will be provided to you on terms and prices
generally available to the public or as otherwise agreed by us in writing.
Communication
and Content
You are responsible for the content of the messages you communicate when
using our services as well as the consequences of those messages. You agree
that you will not use our services to engage in activities that are illegal,
obscene, threatening, defamatory, invade privacy, infringe intellectual
property rights, or otherwise injure third parties or are objectionable. You
may not use a false e-mail address, impersonate any person or entity, or
otherwise mislead us as to your identity.
DISCLAIMER OF
WARRANTIES AND LIMITATION OF LIABILITY
UNLESS WE OTHERWISE AGREE IN WRITING, THIS SITE AND THE SERVICES ARE
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY
KIND. OBVIO EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR
STATUTORY, REGARDING THE SERVICES, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT. OBVIO DOES NOT REPRESENT OR WARRANT THAT THE
SERVICES WILL BE ERROR FREE, SECURE, VIRUS FREE, OR WITHOUT INTERRUPTION.
NEITHER OF US WILL BE LIABLE TO THE OTHER
FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR EXEMPLARY DAMAGES
OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY LOSS OF USE, LOSS OF BUSINESS,
OR LOSS OF PROFIT OR REVENUE, ARISING OUT OF OR IN CONNECTION WITH SERVICES
PROVIDED BY US (HOWEVER ARISING, INCLUDING NEGLIGENCE), EVEN IF WE ARE AWARE
OF THE POSSIBILITY OF SUCH DAMAGES. OBVIO TOTAL CUMULATIVE LIABILITY IN
CONNECTION WITH THE SERVICES RENDERED, WHETHER IN CONTRACT OR TORT OR
OTHERWISE, WILL NOT EXCEED ANY AMOUNTS ACTUALLY REALIZED BY OBVIO (LESS ANY
PAYMENTS TO YOU) DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING
ANY SUCH LIABILITY.
Indemnification
You agree to indemnify, defend and hold harmless Obvio, its affiliates,
officers, directors, employees, consultants and agents from any and all
third party claims, liability, damages and/or costs (including, but not
limited to, attorneys fees) arising from your use of our services, your
violation of the Terms of Use or your infringement, or infringement by any
other user of your account, of any intellectual property or other right of
any person or entity. The Terms of Use will inure to the benefit of Obvio's
successors, assigns and licensees.
Publicity and
Press Release
With your prior review and approval, we may issue a press release announcing
your use of the Service. We may use your name or logo on our Site or in
collateral marketing materials relating to the services.
Applicable Law
These Terms of Use will be governed by and construed in accordance with the
laws of the State of Nebraska, without giving effect to its conflict of laws
or your actual state or country of residence.
Modification
and Severability
We reserve the right to make changes to our site and policies at any time.
If any of these conditions are deemed invalid, void, or for any reason
unenforceable, that condition well be deemed severable and will not affect
the validity and enforceability of any remaining condition.
Our Address
Obvio, Inc.
3105 N. 161st Avenue Suite 100
Omaha, NE 68116 |
