Welcome to Valtira OnDemand!
- Valtira will provide you with the Services for which you register on Valtira's Website, subject to the terms and conditions of this Agreement. The fees referred to in this Agreement are reflected on the Valtira website. You acknowledge that the Services may be also offered in various separately priced service levels or packages ("Service Plans"), and you will only receive the Service Plan that you have registered for. Descriptions of each Service, and the various Service Plans that are available for each Service, are available on Valtira's Website.
SERVICES DURATION AND CANCELLATION
- Unless stated otherwise on Valtira's Web pages, Services will be provided as stated on the Website for the full length specified. At any time after activation of the Service, either you or Valtira may cancel that Service or Valtira may discontinue the Service completely by providing written hardcopy or electronic notice to the other party, in which case the Service will terminate on the date specified in the cancellation notice. If no date is specified, the Service will terminate at the end of the originally specified period. Valtira also reserves the right to cancel any individual Service immediately and without notice in the event that you breach any provision of this Agreement or any other terms that apply to that Service.
USE OF SERVICES
- Services rely on the use of HTML code to provide your promotions based on the rules selected. Subject to your compliance with all the terms of this Agreement, Valtira will provide you HTML code for inclusion on your website. You agree to follow all instructions and restrictions provided to you by Valtira with respect to your use of the Service. YOU AGREE THAT VALTIRA WILL NOT BE RESPONSIBLE FOR ANY MALFUNCTIONS, ERRORS, DATA INACCURACIES, OR IMPROPER RESULTS ATTRIBUTABLE TO YOUR USE, WHETHER USED CORRECTLY, INCORRECTLY, OR BY UNAUTHORIZED OR UNSUPPORTED USE. The User is responsible to upload and manage the content and rules in accordance to process defined by Valtira. By entering into this Agreement and uploading, content, you are directing and authorizing Valtira host and display the content as directed. Valtira will store the promotions in secure data storage and will retain until the User selects to delete the files or terminate the agreement.
DOMAINS AND SUBDOMAINS
- Valtira OnDemand Landing Page clients can map domains and subdomains to the Valtira Landing Page System. Clients must own the rights to these domains or subdomains and are allocated the following number for each level.
- $99/month - 1 subdomain or domain
- $249/month - 3 subdomains or domains
- $999/month - 10 subdomains or domains
- $4,999/month - 50 subdomains or domains
PRICING CHANGES, UPGRADING, DOWNGRADING AND OTHER MODIFICATIONS
- Valtira services are billed on a subscription basis. Valtira may change or withdraw the terms of the free trial Service, or any other terms of this Agreement, at any time by updating the applicable information or other terms posted on Valtira's Website. New pricing terms will become effective immediately after Valtira posts such changes to its Website. If you do not agree to any changes posted by Valtira in accordance with this Section, you must cancel your account or the affected Service as provided herein before the given changes become effective; otherwise you will be deemed to have accepted and agreed to the changes. Additional modifications to these terms and conditions may be made in special circumstances, but only if approved in advance in a signed writing on Valtira's letterhead by an authorized management-level Valtira official. Product sales and support representatives are not authorized to waive or modify any provisions of this Agreement. No failure by Valtira to enforce any term of this Agreement shall be construed as a waiver thereof, nor shall it affect your obligations or Valtira's rights and remedies hereunder.
- Customer shall be responsible for all charges or as set in an online account, and shall pay all charges in U.S. Dollars or in such other currency as agreed to in writing by the parties. Unless agreed to by the parties in writing, Customer shall pay all charges in accordance within 30 days. Late payments bear interest at the rate of 1.5% per month (or the highest rate permitted by law, if less). Charges are exclusive of taxes. Customer is responsible for paying (y) all taxes, government charges, and (z) reasonable expenses and attorneys fees Valtira incurs collecting late amounts. To the fullest extent permitted by law, Customer waives all claims relating to charges (including without limitation any claims for charges based on suspected invalid impressions) unless claimed within 60 days after the charge (this does not affect Customer's credit card issuer rights). Charges are solely based on Valtira’s measurements for the Services, unless otherwise agreed to in writing. To the fullest extent permitted by law, refunds (if any) are at the discretion of Valtira and only in the form of advertising credit. Nothing in these Terms may obligate Valtira to extend credit to any party. Customer acknowledges and agrees that any credit card and related billing and payment information that Customer provides to Valtira may be shared by Valtira with companies who work on Valtira's behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to Valtira and servicing Customer's account. Valtira may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. Valtira shall not be liable for any use or disclosure of such information by such third parties.
- By signing up and/or registering for services, trials, subscription or any offerings, paid or free of charge, you agree to be added to Valtira's promotional mailings and e-mail updates. You always have the option of opting out (removing yourself from such mailings) by contacting Valtira and request to be removed from the list. Your information will never be given or sold to any one outside Valtira.
YOUR PROMISES AND OBLIGATIONS - AS A CONDITION OF RECEIVING ANY SERVICES, YOU PROMISE, REPRESENT, AND WARRANT THE FOLLOWING.
- You agree and understand that the Services and all graphic designs, icons, HTML, code, computer programming, and other elements incorporated therein are the exclusive property of Valtira. In addition, you acknowledge that Valtira owns all right, title, and interest in and to Valtira's trademarks, trade names, service marks, inventions, copyrights, trade secrets, patents, technology, software, and know-how related to the design, function, or operation of the Service. Your rights to the Services are strictly limited to the rights expressly granted in this Agreement.
DISCLAIMER OF WARRANTY
- Valtira makes no guarantees of any kind regarding the use or the results derived from any Services in terms of dependability, accuracy, security, timeliness, availability, reliability, or usefulness. The Services and all related materials are provided "AS IS" without warranty of any kind. VALTIRA HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH REGARD TO THE SERVICES AND RELATED MATERIALS, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. VALTIRA DOES NOT WARRANT THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SERVICES WILL BE SUITABLE FOR YOUR NEEDS OR YOUR INTENDED APPLICATIONS, OR THAT THE SERVICES WILL BE COMPATIBLE WITH OR OPERATE IN THE HARDWARE, SOFTWARE, OR WEBSITE CONFIGURATIONS THAT YOU SELECT.
LIMITATION OF LIABILITY
- IN NO EVENT WILL VALTIRA BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR INDIRECT DAMAGES OF ANY KIND OR NATURE, INCLUDING BUT NOT LIMITED TO LOSS OF INCOME, LOSS OR DAMAGE OF DATA, AND DAMAGE TO BUSINESS REPUTATION, UNDER ANY THEORY OF LAW OR EQUITY, AND WHETHER OR NOT VALTIRA IS NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES.
FURTHERMORE, IN NO EVENT WILL VALTIRA'S TOTAL, CUMULATIVE LIABILITY UNDER THIS AGREEMENT EXCEED THE AMOUNT RECEIVED BY VALTIRA FROM YOU UNDER THIS AGREEMENT. Without limiting the foregoing, Valtira is not responsible for any of your data residing on Valtira hardware. You are responsible for backing-up your data and information that may reside on the Valtira hardware, whether or not such information is produced through the use of the Service.
- You agree to indemnify, defend and hold us and our affiliates, business partners, officers, directors, employees and agents harmless from any loss, liability, claim, demand, damage, or expense (including reasonable legal fees) related to (a) your breach of any term, condition, representation, warranty, or covenant in this Agreement; or (b) the information you supply to Valtira or make available to any third party, including your registration data and the content of the Web pages corresponding to the URLs you submit to Valtira. This obligation shall survive any termination of your relationship with Valtira.
SOLE AND EXCLUSIVE REMEDY
- If you are dissatisfied with any portion of any Service, your sole and exclusive remedy is to cancel your account or your subscription to the given Service according to this Agreement. No refunds or obligations are inferred or available.
- The laws of the United States of America and the State of Minnesota govern this agreement. You hereby consent to the jurisdiction of and venue in courts located in the State of Minnesota in all disputes arising out of or relating to this Agreement or your use of the Services. In addition, you hereby consent to the exclusive jurisdiction of, and venue in, such courts for any action commenced by you against Valtira. The prevailing party in any dispute relating to the Services or this Agreement will be entitled to recover its costs, expenses and reasonable attorney fees incurred in connection with such dispute. No party shall be liable for failure or delay in performing its obligations hereunder if such failure or delay is due to circumstances beyond the party's reasonable control, including without limitation, acts of any governmental body or failure of the software or equipment of third parties. Except as provided otherwise herein, any notice given under this Agreement will be made in writing by e-mail and will be effective on the business day after it is sent. You may not assign this Agreement, and any attempt to do so is void. You acknowledge that your account is part of Valtira and, consequently, you will receive periodic announcements and information regarding Valtira's services. You may request to be removed from the news mailing list at any time.
- Valtira has your permission and may, at Valtira's discretion, include your company name and logo on its customer lists, testimonials, case studies and press releases. You acknowledge and agree that general information about your Website (name, URL, etc.) may be utilized by Valtira. Possible uses include, but are not limited to lists of member sites, general promotional uses, etc. You acknowledge that Valtira can use your data as part of the aggregate summary to be used as public information.
- Valtira does not discriminate on the basis of age, gender, race, ethnicity, nationality, religion, sexual orientation, or any other protected status.
- If you have any questions about this Agreement or Valtira's Services, please contact Valtira by e-mail at contact@Valtira.com. Thank you for choosing Valtira.