TERMS OF USE

Please read these Terms of Use (these “Terms”) carefully because they are a binding agreement between You and Via Customer, Inc., (“Via” or “We”).

These Terms govern your use of the websites that link to these Terms. In these Terms, the word “Site” refers to each of these websites and to the services, if any, offered on or accessible via the Site. By using or logging-into the Site, you automatically agree to these Terms and to our Privacy Policy; in addition, you agree that you have read and will comply with the policies made available to you, such as our Content Policy, available at www.viacustomers.com/content-policy.

A. Modifications and Termination

We reserve the right to modify the Site at any time, with or without notice to you. For example, we may add or remove functionality or features, and we may suspend or stop a particular feature altogether. If you don’t like any changes, you can stop using the Site at any time.

B. Terms Applicable to Specific Areas or Functions of the Site

Some areas of the Site may have additional terms and conditions that apply to your access or use of that area of the Site (including terms and conditions applicable to a corporation or other organization and its users). Your use of any software made available on or accessible through the Site is subject to all agreements, such as a license agreement or user agreement, that accompanies or is included with the software, ordering documents, exhibits, and other terms and conditions that apply (“License Agreement”). In the event software is provided on or through the Site and is not licensed for your use through License Agreement, you may use the software subject to the following: (a) the software may be used solely for your personal, informational, noncommercial purposes; (b) the software may not be modified or altered in any way; and (c) the software may not be redistributed.

C. Your Account

You may be required to create an account and password, or to log-in to an existing account, in order to use or access certain services or features on a Site. To create an account, you must be at least 18 years old and you must provide truthful and accurate information about yourself. If your information changes at any time, please update your account to reflect those changes.

An account may have been assigned to you by an administrator, such as your employer. If you are using or logging-into an account in such a case, additional terms may apply to your use of that Site. Moreover, your administrator may be able to access or disable your account without our involvement.

You may not share your account with anyone else. Please keep your password confidential and try not to use it on other websites. If you believe your account has been compromised at any time, please notify your administrator.

D. Use of the Site and Restricted Content

Please do not use the Site in a way that violates any laws, infringes on anyone’s rights, is offensive, or interferes with the Site or any features on the Site (including any technological measures we employ to enforce these Terms).

In particular, if you are using the Site as a customer, or as authorized by or on behalf of a customer, you agree and acknowledge that you are solely responsible for complying with any applicable state and federal laws and regulations, and self-regulatory requirements, relating to contacting consumers through your use of the Site, including, but not limited to, the Telephone Consumer Protection Act (TCPA) and implementing regulations, as updated from time to time; the Controlling the Assault of Non-Solicited Pornography And Marketing (CAN-SPAM) Act and implementing regulations, as updated from time to time; the CTIA Short Code Monitoring Handbook (CTIA Handbook), and any other applicable legislation or regulations related to data privacy, texting campaigns, email campaigns, phone calls, and any other potentially regulated activity relating to consumers.

With respect to all content, data and other information that you, as a Via customer, submit to or collect by way of the Site or the services accessible via the Site, including any information collected from consumers (“Customer Content”): You must ensure that Customer Content does not include (i) protected health information regulated by the Health Insurance Portability and Accountability Act (“HIPAA”) or medical information governed by state healthcare privacy laws, (ii) Social Security numbers, driver’s license numbers or other government-issued identification numbers, (iii) financial information, banking account numbers or passwords, or information regulated by the Gramm Leach-Bliley Act, (iv) payment card data regulated by the Payment Card Industry Data Security Standards, (v) biometric data regulated by biometric privacy laws, (vi) online account passwords, login credentials or related information (vii) criminal history, (viii) racial, ethnic, political or religious affiliation, trade union membership, or information about sexual life or sexual orientation or other information that constitutes sensitive data under applicable law, (ix) personal data of children under thirteen (13) years of age regulated by the Children’s Online Privacy Protection Act, or (x) SHAFT content (content that contains or promotes sex, hate, alcohol, firearms, or tobacco).

Notwithstanding anything to the contrary in any License Agreement, Via shall have no liability with respect to Customer Content that violates these Terms.

As it relates to telemarketing compliance specifically, you agree to (i) obtain all the necessary consents from consumers prior to using the Site for telemarketing purposes; (ii) follow all federal and state regulations related to the amount and timing of any calls or texts, including holiday restrictions; and (iii) honor all consumer requests to opt-out of messaging, including state and federal “Do Not Call” requests as applicable. You agree to defend, indemnify, and hold harmless Via from any claims or liability arising from your violation of any laws or regulations relating to usage of the Site.

If we (in our sole discretion) determine that you have acted inappropriately, we reserve the right to prohibit you from using the Site, remove Customer Content, terminate your account, and take appropriate legal actions.

When you use the Site or send communications to us through the Site, you are communicating with us electronically. You consent to receive electronically any communications related to your use of the Site. We may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from us intended for receipt by you shall be deemed delivered and effective when sent to the email address you provide to us. Please note that by submitting any content, creating a user account or otherwise providing us with your email address, postal address or phone number, you are agreeing that we or our agents may contact you at that address or number in a manner consistent with our Privacy Policy.

E. Content You Post

We may provide opportunities for you to post text, photographs, videos, or other content on the Site. You can only post content if you own all the rights to that content, or if another rights holder has given you permission.

You do not transfer ownership of your content simply by posting it. However, by posting content, you grant us, our agents, licensees, and assigns an irrevocable, perpetual (non-exclusive) right and permission to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise use your content. Please note that this license continues even if you stop using a Site.

You agree to indemnify, release, and hold us harmless from any all liability, claims, actions, loss, harm, damage, injury, cost or expense arising out of any content you post.

Keep in mind that if you send us any information, ideas, suggestions, or other communications, those communications will not be confidential. Moreover, unless we tell you otherwise, we reserve the right to reproduce, use, disclose, and distribute such communications without any obligation to you.

F. Intellectual Property

Using our Site does not give you any intellectual property rights to or ownership in the content you view or access. You may not use content from the Site unless you obtain permission from us or its owner, or unless you are otherwise permitted by law.

Via respects the intellectual property rights of others, and we ask our individuals using a Site to do the same. If you believe that your copyrighted work has been copied and is accessible on a Site in a way that constitutes copyright infringement, please send us a notice providing the following information:

The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf
A description of the copyrighted work that you claim has been infringed and a description of the infringing activity
A description of where the material that you claim is infringing is located, such as the URL where it is posted
Your name, address, telephone number, and email address
A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

Our address for copyright issues relating to this website is as follows:

Via Customer, Inc.

2000 Ashton Boulevard #100

Lehi, UT 84043

Attn: LEGAL

legal@viacustomers.com

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In an effort to protect the rights of copyright owners, Via maintains a policy for the termination, in appropriate circumstances, of users of the Site who are repeat infringers.

G. Social Networks

The Service may include features that operate in conjunction with certain third-party social networking websites that you visit such as Facebook, Instagram, YouTube, Vimeo, and Twitter (“Social Network Features”). While your use of the Social Network Features is governed by these Terms, your access and use of third-party social networking sites and the services provided through those services is governed by the terms of service and other agreements posted on those sites. You are responsible for ensuring that your use of those sites complies with any applicable terms of service or other agreements.

H. Promotions

Any and all offers or promotions advertised on this Site are void where prohibited, and are subject to the posting of any official rules to such offers or promotions.

I. Our Warranties and Disclaimers

We provide the Site using a commercially reasonable level of care and promise to do our best to make sure you enjoy the Site. But there are certain things that we don’t promise about the Site.

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OF SERVICE, NEITHER VIA NOR ITS AGENTS OR SERVICE PROVIDERS (THE “SITE ENTITIES”) MAKE ANY SPECIFIC PROMISES ABOUT THE SITES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SITES, THE SPECIFIC FUNCTION OF THE SITES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SITES “AS IS.”

SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.

J. Liability for our Services

EXCEPT WHERE PROHIBITED, THE SITE ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SITES OR ANY THIRD PARTY’S USE OF THE SITES. THESE EXCLUSIONS INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, COMPUTER FAILURE, OR THE VIOLATION OF YOUR RIGHTS BY ANY THIRD PARTY, EVEN IF THE SITE ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED.

IN ANY EVENT EXCEPT FOR ANY OBLIGATIONS SET FORTH IN A LICENSE AGREEMENT OR ORDER FORM, VIA’S AGGREGATE LIABILITY RELATING TO YOUR USE OF THE SITE, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, SHALL NOT EXCEED FIFTY DOLLARS ($50).

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K. Waiver of Jury Trial

EACH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL ACTION, PROCEEDING, CAUSE OF ACTION, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT, INCLUDING ANY EXHIBITS, SCHEDULES, AND APPENDICES ATTACHED TO THIS AGREEMENT, OR THE TRANSACTIONS CONTEMPLATED HEREBY. EACH PARTY CERTIFIES AND ACKNOWLEDGES THAT (A) NO REPRESENTATIVE OF THE OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT THE OTHER PARTY WOULD NOT SEEK TO ENFORCE THE FOREGOING WAIVER IN THE EVENT OF A LEGAL ACTION, (B) IT HAS CONSIDERED THE IMPLICATIONS OF THIS WAIVER, (C) IT MAKES THIS WAIVER KNOWINGLY AND VOLUNTARILY, AND (D) IT HAS DECIDED TO ENTER INTO THIS AGREEMENT IN CONSIDERATION OF, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION.

L. Additional Details

We may modify these Terms at any time. By continuing to use or log-in to a Site after these Terms have changed, you indicate your agreement to the Terms as revised. If you do not agree to the changes, you should stop using or logging-in to the Site.

The Site may contain links to third-party websites. That doesn’t mean that we control or endorse those websites, or any goods or services sold on those websites. Similarly, the Site may contain ads from third parties. We do not control or endorse any products being advertised.

These Terms are governed by and construed in accordance with the laws of Utah, without regard to its conflict of laws rules. You expressly agree that the exclusive jurisdiction for any claim or dispute under these Terms and or your use of the Site resides in the courts located in Lehi, Utah, and you further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action. If it turns out that a particular provision in these Terms is not enforceable, that will not affect any other provision.

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