Terms of service 2017-06-09T10:07:20+00:00
VIATRAX AUTOMATION CORPORATION Terms of Service Effective April 8th 2014

Terms of Service Summary:

  1. VIATRAX AUTOMATION CORPORATION Terms of Service Agreement
  2. Acceptance of Terms
  3. Description of Services
  4. Terms of Usage Restrictions
  5. Intellectual Property
  6. Use of Content
  7. Limits of Liability
  8. External Links
  9. Unlawful or Prohibited Use
  10. Use of Communication Services
  11. Public Content on VIATRAX AUTOMATION CORPORATION
  12. Linking to VIATRAX AUTOMATION CORPORATION
  13. Software Updates
  14. Advertisements
  15. Return Policy
  16. Price Matching
  17. Privacy Policy
  18. EXCLUSION OF WARRANTIES
  19. LIMITATION OF LIABILITY
  20. General Legal Terms
  21. Visual effects warning
  22. Violation of Terms of Service
  23. Modification of Software
  24. Denial of Online Services
  25. Payments and contracts
1. VIATRAX AUTOMATION CORPORATION Terms of Service Agreement
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VIATRAX AUTOMATION CORPORATION will hereby be referred to as “Viatrax Automation”. Use of any Viatrax Automation website and its services are subject to the following Terms of Service Agreement, which will hereby be referred to as TOS and or the Terms of Service.

2. Acceptance of Terms
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Viatrax Automation provides its service to you, subject to the following Terms of Service (TOS), which may be updated by us from time to time without notice. You may review the most current version of the TOS at this location. In addition, when using particular The Viatrax Automation services, you shall be subject to any posted guidelines or rules applicable to such services.

The Terms, and your relationship with Viatrax Automation under the Terms, shall be governed by the laws of the State of Oklahoma without regard to its conflict of laws provisions. You and Viatrax Automation agree to submit to the exclusive jurisdiction of the courts located within the county of Mayes County, Oklahoma to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Viatrax Automation shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

3. Description of Services
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Viatrax Automation provides you with access to a variety of resources (“Services”) including general information, message and/or communication facilities, downloads, and calendars, etc. and may include a Members Only section that can be accessed only by Viatrax Automation staff and members. The Services, including any updates, enhancements, new features, and/or the addition of any new web properties, are subject to the TOS.

4. Terms of Usage Restrictions
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In order to visit Viatrax Automation websites, purchase, and or download its products, you must be over the age of 13. It is a violation of the terms of service to use any Viatrax Automation product while under the age of 13.

5. Intellectual Property
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It is the policy of Viatrax Automation to respond expeditiously to claims of intellectual property infringement. Viatrax Automation will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (DMCA). Should a violation of intellectual property be discovered, the document(s) or messages in such violation will be removed in a timely manner after any and all investigating has been completed to prove the authenticity of such a claim.

6. Use of Content
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Use of Viatrax Automation content (documents, white-papers, graphics, logos, software, forums, polls, etc.) is for informational and non-commercial or personal use only. You may not copy, distribute, reproduce, publish, license, sell any information, software, products or services obtained from Viatrax Automation unless expressly permitted by Viatrax Automation. Elements of Viatrax Automation websites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. Content other than that belonging to Viatrax Automation is licensed or otherwise published by Viatrax Automation with the permission of the owner of the material. All rights in such materials are reserved to the respective owners.

See section 23 for our terms relating to Viatrax Automation software modification.

7. Limits of Liability
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Viatrax Automation makes no warranties or representations of any kind that the services provided by this website or any linked site will be uninterrupted, error-free, or that the site or the server that hosts the site are free from viruses or other forms of harmful computer code. All such information is provided “as is,” and with specific disclaimer of any warranties of merchantability, fitness for a particular purpose, title, or non-infringement. In no event shall Viatrax Automation, its agents, or anyone else who has been involved in the creation, production, or delivery of these pages, be liable for any indirect, incidental, or consequential damages resulting from the use of this website or any linked site.

With respect to goods or services purchased directly from Viatrax Automation through the website, Viatrax Automation’s liability, in any case, is expressly limited to returned items with complete respect to Viatrax Automation’s stated return policies.

8. External Links
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Links to other websites do not imply an endorsement of the materials disseminated at those websites, nor does the existence of a link to another site imply that the organization or person publishing at that site endorses any of the materials at this site. Links to other websites are provided by Viatrax Automation as a convenience to its users. Viatrax Automation is not responsible for the materials contained at any website linked to this site.

9. Unlawful or Prohibited Use
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As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any Viatrax Automation website, or interfere with any other party’s use and enjoyment of the Services. You may not attempt to gain unauthorized access to any Services, computer systems or networks connected to any Viatrax Automation server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.

10. Use of Communication Services
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The Communication Services may contain forums, calendars, and/or other message or communication facilities designed to communicate with you. You agree to use the communication services only to view and post messages and material that are proper and, when applicable, related to the particular communication service. By way of example, and not as a limitation, you agree that you will not:

  • Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
  • Advertise or offer to sell or buy any goods or services.
  • Publish, post, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
  • Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
  • Provide links to files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.
  • Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
  • Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Service.
  • Harvest or otherwise collect information about others, including e-mail addresses.
  • Violate any applicable laws or regulations.
  • Create a false identity for the purpose of misleading others.
  • Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Communication Services or other user or usage information or any portion thereof.

Viatrax Automation reserves the right to review materials posted to the Communication Services and to remove any materials at its sole discretion. Viatrax Automation reserves the right to terminate your access to any or all of the Services at any time, without notice, for any reason whatsoever.
Always use caution when giving out any personally identifiable information in any Services. Viatrax Automation does not control or endorse the content, messages or information found in any Communication Services and, therefore, Viatrax Automation specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services.

11. Public Content on Viatrax Automation
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Any and all content posted for inclusion in publicly accessible areas of Viatrax Automation are the responsibility of the creator. Viatrax Automation makes no claims or warranties about such information or its authenticity. Upon posting any content on Viatrax Automation, you grant Viatrax Automation the non-exclusive right to publish, modify, and use such content solely for the purpose of displaying such content.

No representations made or advice given by Viatrax Automation Members or Moderators should be in any way considered a diagnosis, treatment or cure for any illness, condition, computer support, and or software support, either discussed or implied. No responsibility is taken by Viatrax Automation, its Members or Moderators, for any conceivable consequence which might be related in any fashion to any answer that is freely given to questions on this site.

12. Linking to Viatrax Automation
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Any Web site may link to any content on any of Viatrax Automation websites. However, content from Viatrax Automation may not be embedded in a frame from the referring site, without the written permission of Viatrax Automation.

13. Software Updates
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The Software which you use may automatically download and install updates from time to time from Viatrax Automation. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree that any software updates from Viatrax Automation intended for Viatrax Automation software are optional.

14. Advertisements
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Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information. The manner, mode and extent of advertising by Viatrax Automation on the Services are subject to change without specific notice to you. In consideration for Viatrax Automation granting you access to and use of the Services, you agree that Viatrax Automation may place such advertising on the Services.

15. Return Policy
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Eligible Return:

  • Physical retail packages along with an order number can be returned within 60 days of purchase, no questions asked.

Ineligible Return:

  • Any product which was electronically distributed (downloaded) by the customer is not eligible for return.
  • Any product different from what is described as an eligible return is not eligible for return.
16. Price Matching
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Viatrax Automation does not price match competitors. For your convenience, all of our most current pricing is listed on our web site and updated in real-time. Prices are non-negotiable.

17. Privacy Policy
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Viatrax Automation’s privacy policy is assumed to be in agreement with the TOS.

18. EXCLUSION OF WARRANTIES
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NOTHING IN THESE TERMS, INCLUDING SECTIONS 14 AND 15, SHALL EXCLUDE OR LIMIT Viatrax Automation’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

IN PARTICULAR, Viatrax Automation, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:

  • YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
  • YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
  • ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
  • THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Viatrax Automation OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

Viatrax Automation FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

19. LIMITATION OF LIABILITY
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SUBJECT TO OVERALL PROVISION IN PARAGRAPH 14.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT Viatrax Automation, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:

  • ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
  • ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:

    • ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
    • ANY CHANGES WHICH Viatrax Automation MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
    • THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
    • YOUR FAILURE TO PROVIDE Viatrax Automation WITH ACCURATE ACCOUNT INFORMATION;
    • YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
    • THE LIMITATIONS ON Viatrax Automation’S LIABILITY TO YOU IN PARAGRAPH 15.1 ABOVE SHALL APPLY WHETHER OR NOT Viatrax Automation HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
20. General Legal Terms
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  • Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
  • The Terms constitute the whole legal agreement between you and Viatrax Automation and govern your use of the Services (but excluding any services which Viatrax Automation may provide to you under a separate written agreement), and completely replace any prior agreements between you and Viatrax Automation in relation to the Services.
  • You agree that if Viatrax Automation does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Viatrax Automation has the benefit of under any applicable law), this will not be taken to be a formal waiver of Viatrax Automation’s rights and that those rights or remedies will still be available to Viatrax Automation.
  • If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
  • You acknowledge and agree that each member of the group of companies of which Viatrax Automation is the parent shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the terms.
21. Visual effects warning
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Viatrax Automation software products contain flashing lights and other potentially disturbing visual effects.

Do not use any Viatrax Automation software products if you have ever experienced or may experience in the future any of the following conditions:

  • Epilepsy
  • Seizures
  • Dizziness
  • Disorientation
  • Debilitation
  • Any other conditions which are sensitive to flashing lights and intense visual effects.

When utilizing Viatrax Automation software, keep at least 2 meters away from the screen.

Do not use any Viatrax Automation products if you are sensitive to stroboscopic lighting or any other kind of intense visual imagery.

22. Software License Revocation
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Violating the Terms of Service can result in denial of online services to the violator. Viatrax Automation will never revoke software licenses for any reason, except:

  • Payment failure
  • Payment fraud
  • Unauthorized distribution of software
  • Illegal activity intentionally performed with software

This section, 22, supercedes any other section when pertaining to software licenses.

23. Modification of Software
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Viatrax Automation allows any purchaser of Viatrax Automation software to modify the software as long as this modification does not harm other users or provide the software free to 3rd parties.

Modification of software to allow for free distribution of said software to 3rd parties is strictly forbidden.

This section, 23, supercedes any other section when pertaining to software modification.

24. Denial of Online Services
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Viatrax Automation reserves the right to deny online matchmaking services to any user who uses code or memory modification to cheat or gain unfair advantage in any Viatrax Automation online game.

Exploitation, not involving code or memory modification, of game mechanics, gameplay, environment, and other aspects of Viatrax Automation games is allowed and encouraged.

This section, 24, supercedes any other section when pertaining to denial of online services.

25. Payment and contracts  back to top

Your Viatrax Automation Service, which may start with a free trial or prepaid term, will continue month-to-month until you cancel your service or we terminate it.

Payments for Viatrax Automations service will be made using your preferred payment method (credit card, PayPal, Bitcoin, or any other payment method accepted by Viatrax Automation) (your “Payment Method”).

By starting your Viatrax Automation Service, you authorize us to charge a monthly service fee using your Payment Method.

We will begin billing your Payment Method immediately when you sign up, or after any free trial period or prepaid term. You will not receive a notice that your free trial period or prepaid term has ended and the paying portion of your service has started.

All payments for Viatrax Automation Service are non-refundable. There are no refunds or credits for partially used periods.

If for any reason we are unable to successfully bill your Payment Method, we will attempt to notify you to rectify this. Your service will be suspended until payment is received.

You may cancel your Viatrax Automation Service at any time using applicable cancellation procedures. The cancellation of Viatrax Automation Service will go into effect at the end of your current billing cycle. Your service will continue through the remainder of your final billing cycle.

If you choose to cancel before the end of a Service Contract, you will be subject to an early termination fee. This fee will be equal to 75% of the total of the remaining outstanding payments due to fulfill the Service Contract. You must successfully make this payment for early termination before your cancellation will take effect.

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