1. INTRODUCTION. Welcome to the Internet sites operated by subsidiaries and affiliates of VOXIAS LLC. ("VOXIAS", "we", "our" and
"us"). These Internet sites offer a wide variety of resources, products and services, which include shopping services,
branded and personalized content and entertainment services, communication tools, online directories, administrative
services, download areas, advertising, games and information, some or all of which may be accessed through a
variety of means (all of which are collectively called our "Site" or "Sites"). The term "you" or "your" includes any of
your subsidiaries, affiliates, employees and parent or legal guardian.
PLEASE READ THESE TERMS OF USE CAREFULLY. By accessing or using our Site in any way you are agreeing
to comply with these Terms of Use, including any documents, policies and guidelines incorporated by reference
(referred to collectively as the "Terms"). Certain services available through our Site, especially services for which you
are asked to subscribe or pay money, may have their own terms and conditions that apply to your purchase or use of
that particular service. The Terms do not alter in any way the terms or conditions of any of these other written or
online terms and conditions or agreements you may have or will have with VOXIAS, including any other website
terms of use with an VOXIAS affiliate. To the extent that there is any conflict between these Terms and any terms
and conditions or agreements relating to services you have purchased or online tools you use or to which you
subscribe, those other terms and conditions or agreements will govern.
2. AUTHORITY
By using our Site, you represent that you are at least 13 years old. Persons who are at least 13 years of age but
under the age of 18 may only use our Sites with legal parental or guardian consent. Accordingly, you agree that you
are at least 18 years of age or older or possess legal parental or guardian consent, and are fully able and competent
to enter into the terms, conditions, representations and warranties set forth in the Terms; otherwise, please exit the
Site. VOXIAS suggests that you take advantage of any access controls offered through the Site or third-party sites,
which are designed to assist you in limiting or blocking access to certain types of web content you may feel are
harmful to or inappropriate for minors
3. CHANGES TO THE TERMS OR SITE
VOXIAS may change or modify the Terms from time-to-time without notice other than posting the amended Terms on
the Site. The amended Terms will automatically be effective when posted on our Site. Your continued use of our Site
after any changes in these Terms shall constitute your consent to such changes. VOXIAS reserves the right to
change, modify or discontinue, temporarily or permanently, the Site (or any portion thereof), including any and all
content contained on the Site, at any time without notice. You agree that VOXIAS shall not be liable to you or to any
third party for any modification, suspension or discontinuance of the Site (or any portion thereof).
4. REGISTRATION, PASSWORD AND SECURITY
Whenever you provide us information on our Site, you agree to: (a) provide true, accurate, current and complete
information and (b) maintain and promptly update such information to keep it true, accurate, current and complete. If
you provide any information that is, or we have reasonable grounds to suspect that the information is, untrue,
inaccurate, not current or incomplete, VOXIAS may without notice suspend or terminate your access to our Site and
refuse any and all current or future use of our Site (or any portion thereof).
If any portion of our Site requires you to register or open an account you may also be asked to choose a password
and a user name. Please select a password that would not be obvious to someone trying to guess your password,
and change it regularly as an added precaution. You are responsible for maintaining the confidentiality of the
password and account, and you are fully responsible for all activities that occur under your password or account
identification. You agree to immediately notify VOXIAS of any unauthorized use of your password or account or any
other breach of security. Without limiting any rights which VOXIAS may otherwise have, VOXIAS reserves the right to
take any and all action, as it deems necessary or reasonable, to ensure the security of the Sites and your account,
including without limitation terminating your account, changing your password, or requesting additional information to
authorize transactions on your account. Notwithstanding the above, VOXIAS may rely on the authority of anyone
accessing your account or using your password and in no event and under no circumstances shall VOXIAS be held
liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction of VOXIAS under
this provision, (ii) any compromise of the confidentiality of your account or password and (iii) any unauthorized access
to your account or use of your password. You may not use anyone else's account at any time, without the permission
of the account holder.
The security of your personally identifying information is important to us. While there is no such thing as "perfect
security" on the Internet, we will take reasonable steps to help ensure the safety of your personally identifying
information. However, you understand and agree that such steps do not guarantee that use of the Site is invulnerable
to all security breaches, and that VOXIAS makes no warranty, guarantee, or representation that use of any of our Site
is protected from viruses, security threats or other vulnerabilities.
5. PRIVACY POLICY
Please view our Privacy Policy, which explains VOXIAS's practices relating to the collection and use of your
information through or in connection with our Site. VOXIAS's use of your information is governed at all times by our
Privacy Policy, which is incorporated into these Terms. You understand that through your use of the Site you consent
to the collection and use of this information (as set forth in the Privacy Policy).
6. COPYRIGHT AND AUTHORIZATION
The Sites provide you access to a wide variety of information, shopping, communications, entertainment, games,
advertising and other services, products, data and materials ("Content"). Some of the Content is owned by VOXIAS
Intellectual Property II., L.P. d/b/a VOXIAS Intellectual Property and/or its affiliates. Other portions are owned by non-
VOXIAS companies or third parties such as suppliers, vendors, and licensors (including Content that is generated by
users as further described in Section 11).
Some portions of the site may require you to download software ("Software") in order that you may access the Site,
the services provided through the Site and/or the Content. The Software may be the property of VOXIAS or a
supplier, vendor, or licensor to VOXIAS. The Content and Software are protected by a variety of laws governing the
use of copyrights, trademarks, patents, or trade secrets. Subject to the rules and limitations set forth in the Terms,
you are granted a limited, non-sublicensable right to access the Sites, the Content and the Software for your personal
non-commercial use only, except as otherwise permitted. Without limiting the generality of the foregoing, no Software
or underlying information or technology may be downloaded or otherwise exported or re-exported (a) into Cuba,
North Korea, Iran, Sudan, Syria or any other country for which the U.S. maintains an embargo on such exports, or (b)
to a person or entity identified on lists of the U.S. Treasury Department (e.g., Specially Designated Nationals, Denied
Persons or Entities) or the U.S. Commerce Department (e.g., Entity List, Table of Deny Orders), which control such
exports. By downloading or using the Software or underlying information or technology, you agree to the foregoing
and represent and warrant that you are not located in, under the control of, or a national or resident of any such
country or on any such list.
7. COPYRIGHT COMPLAINTS
VOXIAS respects the intellectual property rights of others. Pursuant to the Digital Millennium Copyright Act of 1998
(the "DMCA"), under 17 U.S.C. §§ 512(b)–(d), a copyright holder may send VOXIAS a valid notification of claimed
copyright infringement under the DMCA if they believe that their work has been copied and has been posted, stored,
or transmitted to the Sites in a way that constitutes copyright infringement. For further information regarding such
notifications, see https://www.voxias.com . VOXIAS's designated agent to receive notifications of claimed infringement
as described in DMCA subsection 512(c)(3) is:
Manager of Security & Copyright Infringement
E-mail: copyright@voxias.com
Due to the substantial volume of notifications of claimed infringement that VOXIAS receives and processes, we are
unable to accept notices of alleged copyright infringement via this designated agent or email address other than
notifications of claimed infringement sent pursuant to Sections 512(b)–(d). For further information about VOXIAS's
copyright protection practices under the DMCA please refer to https://www.voxias.com.
8. TRADEMARKS AND SERVICE MARKS
Trademarks (including but not limited to VOXIAS and the Globe Logo) that are used or displayed on the Sites are
owned by VOXIAS Intellectual Property or by third parties other than VOXIAS that offer and provide products and
services on or through the Sites. The trademarks of VOXIAS Intellectual Property may not be copied or used, in
whole, partial or modified form, without the prior written permission of VOXIAS Intellectual Property or, if applicable,
its licensor. In addition, VOXIAS custom graphics, logos, button icons, scripts, and page headers are covered by
trademark, trade dress, copyright or other proprietary right law, and may not be copied, imitated, or used, in whole,
partial or modified form, without the prior written permission of VOXIAS Intellectual Property. Other trademarks,
service marks, registered trademarks, product and service names, and company names or logos that appear on the
Sites are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored
by VOXIAS. You may not use any meta tags or any other "hidden text" utilizing an VOXIAS name, trademark, or
product name without VOXIAS's express written consent. The BLUETOOTH® word mark and logos are registered
trademarks owned by Bluetooth SIG, LLC. and any use of such marks by VOXIAS is under license. Other trademarks
and trade names are those of their respective owners.
9. THIRD-PARTY PRODUCTS AND SERVICES
Parties other than VOXIAS may offer and provide products and services on or through the Sites. Except for VOXIAS
branded information, products or services that are identified as being supplied by VOXIAS, VOXIAS does not
operate, control, or endorse any information, products, or services on the Sites or accessible through the Sites in any
way. VOXIAS is not responsible for examining or evaluating, and VOXIAS does not warrant the offerings of, any of
these businesses or individuals or the content of their websites. VOXIAS does not assume any responsibility or
liability for the actions, product, and content of all these and any other third parties. You should carefully review their
privacy statements and other conditions of use.
The Sites may contain links to other websites not operated by VOXIAS. The links are provided for your convenience.
The inclusion of any links to other websites does not imply affiliation, endorsement or adoption by VOXIAS of those
websites or the contents therein. We are not responsible for the contents, links or privacy of any linked website.
Access to any other websites linked to the Sites is at your own risk. When leaving the Site, you should carefully
review the applicable terms and policies, including privacy and data gathering practices, of that third-party website.
10. PRODUCT AND SERVICE INFORMATION
VOXIAS does not warrant that information, graphic depictions, product and service descriptions or other content of
the Sites is accurate, complete, reliable, updated, current, or error-free. Despite our efforts, it is possible that a price
for a product or service offered on the Site may be inaccurate or the product or service description may contain an
inaccuracy. In the event VOXIAS determines that a product or service contains an inaccurate price or description,
VOXIAS reserves the right to take any action it deems reasonable and necessary, in its sole discretion, to rectify the
error, including without limitation canceling your order, unless prohibited by law. VOXIAS may make improvements or
changes to any of its content, information products, services, or programs described on the Sites at any time without
notice. You agree to notify VOXIAS immediately if you become aware of any pricing or descriptive errors or
inconsistencies with any products or services you order through the Sites and comply with any corrective action taken
by VOXIAS.
11. ONLINE ORDERS
In order to protect VOXIAS and its customers from fraudulent activity, we may implement reasonable procedures
regarding any online orders including but not limited to validating information provided or limiting the amount of
equipment (e.g. wireless phones) and/or services that may be ordered online by a single individual or entity. VOXIAS
reserves the right to further limit quantities or to cancel or reject orders in its sole discretion.
12. USER SUBMITTED CONTENT
Our Site may have "publicly accessible areas" such as message boards, forums, member profiles, yellow pages, job
folders or other features that allow users to post Content that will be accessible by the public or the user population
generally. With respect to any message, data, image, text, photos, graphics, audio, video or other material you elect
to post to such publicly accessible areas of our Site, while you retain any and all of your lawfully owned rights in such
Content, you grant VOXIAS a royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable right and
license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and
display such Content which you provide (in whole or part) worldwide and/or to incorporate it in other works in any
form, media, or technology now known or later developed and to exercise the same rights with respect to such works.
You also permit any user of our Site to access, display, view, store, distribute, perform, reproduce and prepare
derivative works of, such Content that you have placed in publicly accessible areas of our Site. No compensation will
be paid to you or to any other person or entity with respect to the posting or use of your Content. VOXIAS is under no
obligation to post or use any Content you may provide and VOXIAS may remove your Content at any time in its sole
discretion. You agree that VOXIAS is not under any obligation of confidentiality, express or implied, with respect to
your Content. You represent and warrant that you own or otherwise control all necessary rights to the Content that
you post, that such Content is accurate, that use of the Content you supply does not violate these Terms, specifically
including without limitation the requirements of Section 14 (Acceptable Use), and will not cause injury to any person
or entity, and that you will indemnify VOXIAS for all claims resulting from the Content you supply.
VOXIAS does not generally pre-screen or control Content posted by users of our Site, and, therefore, does not
guarantee the accuracy, integrity or quality of such Content. VOXIAS shall have the right (but not the obligation) in its
sole discretion to monitor, refuse or remove any Content that is available via our Site for any or no reason, including
that any Content violates these Terms or is otherwise objectionable. We take no responsibility and assume no liability
for any Content uploaded, transmitted, or downloaded by you or any third party, or for any mistakes, defamation,
slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter. As the provider of the
Sites, we are only a forum and are not liable for any statements, representations, or Content provided by Site users.
Any opinions, advice or recommendations expressed therein are those of the users providing such Content and not
those of VOXIAS. We do not endorse any Content or any opinion, recommendation or advice expressed therein. It is
not our intent to discourage you from taking controversial positions or expressing vigorously what may be unpopular
views; however, we reserve the right to take such action as we deem appropriate in cases where the Site is used to
disseminate statements that are harmful or inflammatory.
13. SUBMISSIONS TO VOXIAS
You agree not to propose, post or submit to VOXIAS ideas, concepts, copy, proposals, inventions, methods or
techniques for new or proposed services or products (collectively referred to as "Submitted Material ") through the
Site. In the event you do so, you hereby grant to VOXIAS a perpetual, worldwide, irrevocable, unrestricted, nonexclusive,
royalty-free license to use all such Submitted Material in any manner whatsoever without compensation or
attribution to you. You also grant to VOXIAS the right, at its sole discretion, to use your name in connection with the
Submitted Materials and other information as well as in connection with all advertising, marketing and promotional
material related to such material and information. Use of such Submitted Material shall not require permission from or
payment to you or to any other person or entity. You agree that VOXIAS is not under any obligation of confidentiality,
express or implied, with respect to the Submitted Material. You agree that you shall have no recourse against
VOXIAS for any alleged or actual infringement or misappropriation of any proprietary right in Submitted Material and
that the submission of any Submitted Material to VOXIAS, including the posting of materials to any forum or
interactive area on the Sites, irrevocably waives any and all "moral rights" in such materials. You represent and
warrant that you own or otherwise control all of the rights to the Submitted Material that you post, that the Submitted
Material is accurate and, that use of the Submitted Material you supply does not violate these Terms and will not
cause injury to any person or entity.
14. ACCEPTABLE USE
You agree to use our Site and the Content (whether provided by us or others), as well as any Software provided in
connection with the Site, in a manner consistent with all applicable laws and regulations. Additionally, you will not
take any of the following actions with respect to our Site, related Software, or Content, nor will you use our Site or
related Software to upload, post, email, distribute, transmit, link, solicit or otherwise make available any Content or
use our Site in any manner that:
- is unlawful, harmful to minors, threatening, harassing, abusive, defamatory, slanderous, vulgar, gratuitously
violent, obscene, pornographic, indecent, lewd, libelous, invasive of another's privacy, or racially, ethnically or
otherwise offensive, hateful or abusive;
- infringes someone else's patent, trademark, trade secret, copyright or other intellectual property or other rights;
- removes any proprietary notices or labels on the Content;
- advocates or solicits violence, criminal conduct or the violation of any local, state, national or international law or the rights of any third party;
- is deceptive in any way, such as an offer to sell fraudulent goods or contains an impersonation of any person or
entity or misrepresents an affiliation with a person or entity;
- specifically advertises firearms or ammunition, tobacco, alcohol, illegal drugs, or other contraband;
- constitutes unsolicited or unauthorized advertising, junk or bulk e-mail (SPAM), chain letters, or any other
unsolicited commercial or non-commercial communication;
- interferes with others using the Sites;
- is off-topic according to the description of the group, forum or webpage;
- contains software viruses, worms, time bombs, corrupted files, Trojan horses or any other computer code, files,
or programs that are designed or intended to disrupt, damage, overburden, impair or limit the functioning of any
software, hardware, network, server or communications systems or equipment;
- contains a charity request, petitions for signatures, chain letters or letters relating to a pyramid scheme;
- disrupts, interferes or inhibits any other user from enjoying the Sites or other affiliated or linked websites, material, contents, products and/or services.
- uses any robot, spider, or other such programmatic or automatic device, inducing but not limited to automated dial-in or
inquiry devices, to obtain information from the Site or otherwise monitor or copy any portion of the Site, products and/or services;
- creates a false identity for the purpose of misleading others;
- prepares, compiles, uses, downloads or otherwise copies any user information and/or usage information for any
portion thereof, or transmit, provide or otherwise distribute (whether or not for a fee) such information to any third party;
- uses any VOXIAS domain name as a pseudonymous return email address;
- contains any offer for unsolicited goods or services or any advertising or promotional materials, except in those areas specifically designated for such purpose (e.g., classified bulletin board);
- provides material support or resources (or conceals or disguises the nature, location, source, or ownership of
material support or resources) to any organization(s) designated by the United States government as a foreign
terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
- attempts to disable, bypass, modify, defeat or otherwise circumvent any of the digital rights management or other
security related tools incorporated into the software or any Content or the Sites;
- reproduces, duplicates, copies, sells, trades, resells or exploits for any commercial purposes, any portion of the
Sites or Content, use of the Sites, or access to the Sites;
- publishes, publicly performs or displays, or distributes to any third party any Content, including reproduction on
any computer network or broadcast or publications media;
- systematically collects and uses any Content including the use of any data mining, or similar data gathering and
extraction methods;
- makes derivative uses of the Sites or the Content;
- uses, frames, or utilizes framing techniques to enclose any portion of the Sites (including the images found at the
Sites or any text or the layout/design of any page or form contained on a page); and/or
- modifies, translates, decompiles, disassembles, uses reverse engineering or otherwise attempts to derive the
source code for the computer systems and other technology that operate our Site. For purposes of these Terms,
"reverse engineering" shall include the examination or analysis of the Site to determine the source code,
structure, organization, internal design, algorithms or encryption devices of our Site's underlying technology.
Unless you are participating in an area of the Site that requires or encourages anonymity, we encourage you to use your real name.
15. SITE SECURITY
Violating the security of our Site is prohibited and may result in criminal and civil liability. VOXIAS may investigate
incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is
suspected. Examples of security violations include, without limitation, unauthorized access to or use of data or
systems including any attempt to probe, scan, or test the vulnerability of the Site or to breach security or
authentication measures, unauthorized monitoring of data or traffic, interference with service to any user, host, or
network including, without limitation, mail bombing, news bombing, other flooding techniques, deliberate attempts to
overload a system, forging any TCP-IP packet header, e-mail header, or any part of a message header, except for
the authorized use of aliases or anonymous remailers, and using manual or electronic means to avoid any use
limitations.
16. GEOGRAPHICAL RESTRICTIONS
Unless expressly and specifically stated otherwise on the Site, VOXIAS provides this Site for use only by persons
located within the United States. Certain subsidiaries or affiliates of VOXIAS only provide certain regulated
telecommunications and other services in certain portions of the United States. VOXIAS makes no representation
that all products, services and/or material described on the Site are appropriate or available for use in locations
outside the United States or all territories within the United States. Those who choose to access our Site from other
locations do so on their own initiative and are responsible for compliance with local laws. Certain companies affiliated
with VOXIAS provide services and operate websites in various other countries throughout the world, some of which
websites may be linked to from our Site. Any such International websites will be governed by their own terms of use
and privacy policies and not by these Terms.
17. GENERAL PRACTICE REGARDING USE AND STORAGE
You acknowledge that VOXIAS may establish general practices and limits concerning use of the Site, including
without limitation the maximum number of days that email messages, message board postings or other uploaded
Content will be retained by the Site, the maximum number of email messages that may be sent from or received by
an account on the Site, the maximum size of any email message that may be sent from or received by an account on
the Site, the maximum disk space that will be allotted on VOXIAS's servers on your behalf, and the maximum number
of times (and the maximum duration for which) you may access the Site in a given period of time. Your use of this
Site constitutes your consent to allow VOXIAS to store electronic communications on its servers. You agree that
VOXIAS has no responsibility or liability for the deletion or failure to store any messages and other communications
or other content maintained or transmitted by the Site. You acknowledge that VOXIAS reserves the right to terminate
accounts that are inactive for an extended period of time. You further acknowledge that VOXIAS reserves the right to
modify these general practices and limits from time to time.
18. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF OUR SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN THE
SITES, ANY SITE-RELATED SERVICE OR SOFTWARE THAT IS PROVIDED TO YOU, IS AT YOUR SOLE
RISK. OUR SITE, INCLUDING ANY CONTENT, SOFTWARE OR INFORMATION CONTAINED WITH THE
SITES AND ANY SITE-RELATED SERVICE, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
VOXIAS AND ITS CO-BRANDERS, SUPPLIERS, LICENSORS, AND OTHER RELATED PARTIES, AND
THEIR RESPECTIVE OFFICERS, AGENTS, REPRESENTATIVES, AND EMPLOYEES EXPRESSLY
DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, STATUTORY OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA AND NON-INFRINGEMENT. BECAUSE SOME
JURISDICTIONS MAY NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THESE
EXCLUSIONS MAY NOT APPLY TO YOU.
- VOXIAS AND ITS CO-BRANDERS, SUPPLIERS, LICENSORS, AND OTHER RELATED PARTIES, AND
THEIR RESPECTIVE OFFICERS, AGENTS, REPRESENTATIVES, AND EMPLOYEES MAKE NO WARRANTY
THAT (i) OUR SITE WILL MEET YOUR REQUIREMENTS, (ii) MATERIALS, SOFTWARE OR CONTENT
AVAILABLE FOR DOWNLOAD FROM THE SITE ARE FREE OF INFECTION OR VIRUSES, WORMS,
TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE
PROPERTIES; (iii) OUR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE (INCLUDING FREE FROM
UNAUTHORIZED ACCESS), PROVIDE CONTINUOUS STORAGE OR ACCESS, OR ERROR-FREE, (iv) THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SITE WILL BE ACCURATE, COMPLETE OR
RELIABLE, (v) THE QUALITY OF ANY PRODUCTS, SERVICES, SOFTWARE, INFORMATION, OR OTHER
MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SITE WILL MEET YOUR
EXPECTATIONS, AND (vi) ANY ERRORS IN OUR SITE OR SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED, UPLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR
SITE OR SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR BUSINESS OR LOSS OF DATA
THAT RESULTS FROM THE DOWNLOAD OR UPLOAD OF ANY SUCH MATERIAL OR THE USE OF OUR
SITE OR OUR SOFTWARE.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VOXIAS OR
THROUGH OR FROM OUR SITE SHALL CREATE ANY WARRANTY. ADVICE OR INFORMATION RECEIVED
BY MEANS OF OUR SITE SHOULD NOT BE RELIED UPON FOR SIGNIFICANT PERSONAL, BUSINESS,
MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE
PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR PARTICULAR SITUATION.
19. ENFORCEMENT
VOXIAS reserves the right but does not assume the obligation to strictly enforce these Terms, including without
limitation by issuing warnings, suspension, or termination of access to the Sites and/or services, and/or by removing,
screening, or editing of Content, or by engaging in self-help and active investigation, litigation and prosecution in any
court or other appropriate venue.
VOXIAS may access, use, and disclose transaction information and any Content provided by you to comply with the
law (e.g., a lawful subpoena) or based on VOXIAS's reasonable judgment that disclosure is necessary, or to enforce
or apply our agreements (including these Terms), to initiate, render, bill, and collect for services, to protect our rights
or property, or to protect users of VOXIAS's services, the Site and other persons or entities from fraudulent, abusive,
or unlawful use of the Site or any such services. INDIRECT, ATTEMPTED OR ACTUAL VIOLATIONS OF THESE
TERMS OR ANY RELATED POLICY BY YOU OR ANY THIRD-PARTY ON YOUR BEHALF SHALL BE
CONSIDERED VIOLATIONS OF THESE TERMS BY YOU.
20. LIMITATION OF LIABILITY
IN NO EVENT SHALL VOXIAS, ITS EMPLOYEES, OFFICERS, REPRESENTATIVES, SERVICE PROVIDERS,
SUPPLIERS, LICENSORS, AND AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL,
SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY
KIND, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER
IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE,
ARISING OUT OF OR IN ANY WAY CONNECTED WITH (i) THE USE OR INABILITY TO USE THE SITES OR THE
CONTENT, MATERIALS, SOFTWARE, INFORMATION OR TRANSACTIONS PROVIDED ON OR THROUGH THE
SITES, OR (ii) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE
SITES OR THE CONTENT, MATERIALS, SOFTWARE, INFORMATION, PRODUCTS, OR SERVICES ON OR
AVAILABLE THROUGH THE SITES, (iii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND
SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR
OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR SITE;
(iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS
OR CONDUCT OF ANY THIRD PARTY ON OUR SITE; (vi) THE DELAY OR FAILURE IN PERFORMANCE
RESULTING FROM AN ACT OF FORCE MAJEURE, INCLUDING WITHOUT LIMITATION, ACTS OF GOD,
NATURAL DISASTERS, COMMUNICATIONS FAILURE, GOVERNMENTAL ACTIONS, WARS, STRIKES, LABOR
DISPUTES, RIOTS, SHORTAGES OF LABOR OR MATERIALS, VANDALISM, TERRORISM, NONPERFORMANCE
OF THIRD PARTIES OR ANY REASONS BEYOND THEIR REASONABLE CONTROL; OR (vii)
ANY OTHER MATTER RELATING TO OUR SITE, EVEN IF VOXIAS OR ITS AUTHORIZED REPRESENTATIVES
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR
DISSATISFACTION WITH THE SITE AND/OR SITE-RELATED SERVICES IS TO STOP USING THE SITE AND/OR
THOSE SERVICES
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY, IMPLIED WARRANTIES OR THE
EXCLUSION OR LIMITATION OF CERTAIN DAMAGES SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY
MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR
UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF VOXIAS UNDER SUCH
CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED
ONE HUNDRED DOLLARS ($100).
21. INDEMNIFICATION
You agree to indemnify, defend and hold harmless VOXIAS and its underlying content and service providers,
licensors and suppliers, and each of their respective subsidiaries, affiliates, officers, agents, and employees, from and
against all losses, expenses, damages and costs, including reasonable attorneys' fees, made by any third-party due
to or arising out of Submitted Material or any other content you submit, post or upload to or transmit through our Site,
your use of our Site, your connection to our Site, your violation of these Terms, or your violation of any law or the
rights of another. These obligations will survive any termination of your relationship with VOXIAS or your use of our
Site. VOXIAS reserves the right to assume the defense and control of any matter subject to indemnification by you, in
which event you will cooperate with VOXIAS in asserting any available defenses.
22. TERMINATION/SUSPENSION
You agree that VOXIAS may immediately terminate or suspend your account, any associated email address, and
access to all or any part of the Sites or change your password without notice. Cause for such termination, suspension
or change shall include, but not be limited to, (a) breaches or violations of these Terms or other incorporated
agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (selfinitiated
account deletions), (d) discontinuance or material modification to the Sites (or any part thereof,) (e)
unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) engagement by you
in fraudulent or illegal activities. Termination of your account includes (or, if VOXIAS elects instead to suspend your
account, may include any one or more of the following) (a) removal of access to all offerings within the Sites, (b)
deletion of your password and all related information, files and other content associated with or inside your account
(or any part thereof) and (c) barring of further use of the Sites. You agree that all terminations and suspensions for
cause shall be made in VOXIAS's sole discretion and that VOXIAS shall not be liable to you or any third party for any
termination or suspension of your account, loss of storage, any associated email address, or access to the Sites.
Further, VOXIAS reserves the right, to immediately terminate or suspend your account, any associated email
address, and access to the Sites at any time for any reason and without notice to you in its sole discretion.
23. MISCELLANEOUS
VOXIAS's failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such
right or provision. If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable,
then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of
any remaining provisions. These Terms shall be governed and construed in accordance with the laws of the State of
Texas applicable to agreements made and to be performed in Texas. You agree that any legal action or proceeding
between VOXIAS and you for any purpose concerning these Terms or the parties' obligations hereunder shall be
brought exclusively in a federal or state court of competent jurisdiction sitting in Texas. Neither the course of conduct
and/or course of dealing between the parties nor trade practice shall act to modify any provision of this Agreement.
VOXIAS may assign its rights and duties under this Agreement to any party at any time without notice to you. Your
rights and duties under these Terms are not assignable by you without written consent of VOXIAS. These Terms do
not provide any third party with a remedy, claim, or right of reimbursement. You must file any claim or suit related to
our Site within one year after it arises.
