Acceptance of Terms
"Software" means any software provided to Customer related to the Service.
"Customer" means the entity that has entered into this Agreement. If an individual enters this Agreement on behalf of a company or other legal entity, such individual represents that he or she has the authority to bind such entity to this Agreement.
"License" means the rights granted by Variable Action, Inc. to Customer to copy, install, use, access, display, run and/or otherwise interact with the Service and/or Software for, as applicable, for Customer's internal business purposes.
"Service" means all Variable Action, Inc. services and software, including any updates, upgrades, support, and content (e.g., audio and visual information, documents) contained or made available to Customer in the course of using the service. Variable Action, Inc. may change the Service at any time and for any reason without notice.
"Users" means individuals with Customer's organization who have the right to use the Services, as dictated by Licenses purchased by Customer
The Customer shall not: license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Content in any way; modify or make derivative works based upon the Service or the Content; create Internet "links" to the Service or "frame" or "mirror" any Content on any other server or wireless or Internet-based device; or reverse engineer or access the Service in order to: build a competitive product or service; build a product using similar ideas, features, functions or graphics of the Service; or copy any ideas, features, functions or graphics of the Service. User licenses cannot be shared or used by more than one individual User but may be reassigned from time to time to new Users who are replacing former Users who have terminated employment or otherwise changed job status or function and no longer use the Service.
Termination by Variable Action, Inc.
Variable Action, Inc. may cancel or suspend Customer's use of the Service or a portion of thereof at any time if Customer violates the terms of this Agreement, if Variable Action, Inc. believe that the Customer's use of the Service represents a direct or indirect threat to its network function or integrity or anyone else's use of the Service, or if Variable Action, Inc. are otherwise required by law to do so. Upon notification by Variable Action, Inc. of any such cancellation or suspension, Customer's right to use the Service will stop immediately. Cancellation or suspension of the Service for Customer's violation of the terms of this Agreement will not change Customer's obligation to pay any fees due.
Cancellation By the Customer
To cancel your subscription please contact us at email@example.com or by phone at 877 600 1088.
Effect of termination.
Upon termination or cancellation of the Service by either party for any reason, Variable Action, Inc. will provide a MySQL database backup file, and CSV (comma separated values) file exports, and which after may delete Customer's data permanently from its servers. Notwithstanding the foregoing, Variable Action, Inc. will keep Customer's data for a period of 90 days before it is deleted from Variable Action, Inc.'s servers. Customer is solely responsible for downloading regular backup's (available here) of its data and ensure that it maintains its primary means of business.
Waiver of rights and obligations.
To the extent necessary to implement the termination of this Agreement, each party waives any right and obligation under any applicable law or regulation to request or obtain intervention of the courts to terminate this Agreement.
All refunds are evaluated individually. Please Contact firstname.lastname@example.org or call 877 600 1088
The Customer agrees to indemnify, defend and hold Variable Action, Inc. harmless from and against any and all third party claims, liabilities, damages, losses or expenses (including reasonable attorney's fees and costs) arising out of, based on or in connection with the Customer's access and/or use of Service.
Neither the Customer nor Variable Action, Inc. are liable for failure to perform the party's obligations if such failure is as result of a natural disaster, war, government sanction, blockage, embargo, labor dispute, strike, lockout, hospitalization or interruption or failure of electricity or communication service (such as internet, telephone or fax services).
The Customer further acknowledge and agree that Variable Action, Inc. may, in their sole discretion, preserve or disclose the Customers Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the Agreement; respond to claims that any Content violates the rights of third-parties; protect the rights, property, or personal safety of The Owners, its users or the general public.
Variable Action, Inc. failure to act with respect to a breach by Customer or others does not waive our right to act with respect to subsequent or similar breaches.
Variable Action, Inc. shall not be held liable for missed deadlines, delays, or failures of the Service caused by Third Parties or the Customer.
Customer agrees and understand that the Customer is responsible for maintaining the confidentiality of passwords associated with any account Customer uses to access the Services The Agreement, and the Customer's relationship with Variable Action, Inc. under the Agreement, shall be governed by the laws of the State of California without regard to its conflict of laws provisions. The Customer and Variable Action, Inc. agree to submit to the exclusive jurisdiction of the courts located within the county of San Diego, California to resolve any legal matter arising from the Agreement. Notwithstanding this, the Customer agrees that Variable Action, Inc. shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.