Terms & Conditions
The terms and conditions of The Agreement govern the relationship between you ("Customer" or "you") and ExchangeVUE. ExchangeVUE provides ExchangeVUE services ("Services") to customers who establish an account. You must be at least 18 years old to establish an account. By establishing or using an account with ExchangeVUE you agree to be bound by The Agreement and to use the Services in compliance with The Agreement and other Services policies posted on the ExchangeVUE and/or Exchange websites.
You must (i) provide accurate and complete billing information including legal name, address, telephone number, and credit card/billing information, and (ii) report all changes to this information within 30 days of the change. You are responsible for any charges to your account. If you have questions regarding charges to an account, you should contact ExchangeVUE's Customer Service Department at 1 (855) 362-7701 or submit a ticket at www.exchangevue.com/support. All charges are considered valid unless disputed in writing within 15 days of the charged date. Adjustments may not be made for charges that are more than 15 days old.
Your Username and Password Security
Upon registration, you will receive a username, password, and/or an account identification number. You are the only authorized user of your account. You should keep your password confidential so that no one else may access the Services through your account. Please notify ExchangeVUE immediately upon discovering any unauthorized use of your account.
Monitoring The Services
ExchangeVUE has no obligation to monitor the Services, but may do so and disclose information regarding use of the Services for any reason if ExchangeVUE in its sole discretion, believes that it is reasonable to do so, including to satisfy laws, regulations, government reporting requirements, or governmental or legal requests; operate the Services properly; or protect itself and its customers.
Except for certain products and services specifically identified as being offered by ExchangeVUE, ExchangeVUE does not create any content, materials, information, products or services viewed, seen or heard within The Services. The Services contain unedited content, some of which may be mature, explicit or may be offensive to you. ExchangeVUE has no control over and accepts no responsibility for such content. You assume full responsibility and risk of the Services and are solely responsible for evaluating the accuracy, completeness and usefulness of all services, products, and other information and the quality and merchantability of all merchandise viewed through the Services.
Limitation of Liability
The Services are provided on an as-is and as- available basis. ExchangeVUE does not warrant that the Services will be uninterrupted, including but not limited to scheduled and/or unscheduled local power interruptions, brown outs, black outs, power surges or power outages. ExchangeVUE does not warrant that the Services will be error-free. ExchangeVUE makes no warranties, express, implied or statutory and customer waives all warranties, including but not limited to: warranties of title, non-infringement merchantability and fitness for a particular purpose regarding any merchandise, information or service provided by or through ExchangeVUE directly or indirectly. You expressly acknowledge that there are security, privacy and confidentiality risks inherent in communications and technology and ExchangeVUE does not make any assurances or warranties relating to such risks. No advice or information given by ExchangeVUE or its representatives will create a warranty. ExchangeVUE and its employees are not liable for any costs or damages arising directly or indirectly from your use of the Services including any indirect, incidental, exemplary, multiple, special, punitive or consequential damages in any event ExchangeVUE's cumulative liability to any customer for any and all claims relating to the use of the Services and/or licensed programs will not exceed the total amount of service fees paid during a one year period preceding the accrual of the claim.
You agree, at your expense, to defend and hold harmless ExchangeVUE and its affiliates, officers, directors and employees from and against any and all costs, damages and reasonable attorneys' fees resulting from any claim that your use of the Services injured or otherwise violated any right of any third party or violates any law.
Acceptable Use Policy
All customers of the Services and users of the Services agree to and must comply with this section 8, which is ExchangeVUE's Acceptable Use Policy (AUP), and your use of any Services, website or software provided by ExchangeVUE constitutes your agreement to abide by the terms of this AUP. This AUP is intended to improve the use of the Services by preventing unacceptable uses. ExchangeVUE does not exercise editorial control or review over the content of the Services, or other material created or accessible over or through the Services. However, ExchangeVUE may remove, block, filter, or restrict by any other means any materials that, in ExchangeVUE's sole discretion, may be illegal, may subject ExchangeVUE to liability or may violate this AUP. ExchangeVUE may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Violation of this AUP may result in the suspension or termination of either access to the Services and/or ExchangeVUE account or other actions as detailed below. Without limiting the foregoing, you agree not to use the Services to:
- Transmit any material (by uploading, posting, email or otherwise) that is unlawful, threatening, abusive, harassing, tortuous, defamatory, obscene, libelous, invasive of another's privacy, hateful or racially, ethnically or otherwise objectionable;
- Harm, or attempt to harm, minors in any way;
- Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Services;
- Transmit any material (by uploading, posting, email or otherwise) that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Transmit any material (by uploading, posting, email or otherwise) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- Transmit (by uploading, posting, email or otherwise) any unsolicited or unauthorized advertising, promotional materials, "junk mail, "spam, "chain letters", "pyramid schemes", or any other form of solicitation
- Transmit any material (by uploading, posting, email or otherwise) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
- Interfere with or disrupt the Services or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service
- ExchangeVUE reserves the right to block any device connected to the network that is knowingly or unknowingly transmitting software viruses, worms, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment
- Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law
- "stalk" or otherwise harass another; or collect or store, or attempt to collect or store, personal data about third parties without their knowledge or consent
- Resell the Services without ExchangeVUE's written authorization and expressed written consent
ExchangeVUE requests that anyone who believes that there is a violation of the AUP to submit the information to the ExchangeVUE's help desk at www.exchangevue.com/support. If available, please provide the following information.
- The IP address used to commit the alleged violation
- The date and time of the alleged violation, including the time zone
- Evidence of the alleged violation
Term of Agreement
Continued use of the Services constitutes acceptance of this Agreement and any future versions. If you are dissatisfied with the Services or any related terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the Services and terminate your account.
Copyrights and Trademarks
All content included on the Services, including but not limited to, text, graphics, logos, buttons, icons, images and software, is the property of ExchangeVUE, its licensors or partners and is protected by U.S. and international copyright and trademark laws. Reproduction, duplication, modification, distribution, transmission, replication, display or performance of the content on the Services without the expressed written consent from the Services' content, copyright and trademark owners is strictly prohibited.
Without prior notice, ExchangeVUE may terminate The Agreement or your use of the Services, if ExchangeVUE, in its sole discretion, believes you have violated The Agreement or any of the policies applicable to customers, or if you fail to pay any charges when due. ExchangeVUE may provide termination notice to you by email.