2. VIP StarNetwork, LLC Account Registration
You must open an account with us (an “VIP StarNetwork, LLC Account”) to use the Services provided by VIP StarNetwork, LLC. During registration we will ask you for information, including your name and other personal information. You must provide accurate and complete information in response to our questions and keep that information current. You are fully responsible for all activity that occurs under your VIP StarNetwork, LLC Account, including for any actions taken by persons to whom you have granted access to the VIP StarNetwork, LLC Account. We reserve the right to suspend or terminate the VIP StarNetwork, LLC Account of any user who provides inaccurate, untrue, or incomplete information, or who fails to comply with the account registration requirements or violates any VIP StarNetwork, LLC term, condition or policy.
3. Revisions, Disclosures and Notices
We may amend the Terms and Policies at any time with notice that we deem to be reasonable in the circumstances by providing the revised version (“Revised Version”) to you. The Revised Version will be effective as of the time it is provided to you but will not apply retroactively. Your continued use of the Services after the providing of a Revised Version constitutes your acceptance of such Revised Version. Any Dispute (as defined in Section 20) that arose before the changes will be governed by the Terms and Policies in place when the Dispute arose.
You agree to VIP StarNetwork, LLC’s E-Sign Consent. We may provide disclosures and notices required by law and other information about your VIP StarNetwork, LLC Account to you electronically. Electronic disclosures and notices have the same meaning and effect as if we had provided you with paper copies. Such disclosures and notices are considered received by you within twenty-four (24) hours of the time provided to you unless we receive notice that the notice was not delivered. If you wish to withdraw your consent to receiving electronic communications, contact VIP StarNetwork, LLC. If we are not able to support your request, you may need to terminate your VIP StarNetwork, LLC Account.
4. Acceptable Use
You agree to VIP StarNetwork, LLC’s Acceptable Use Policy, which explains how users may and may not use the app.
5. Compatible Mobile Devices and Third-Party Carriers
We do not warrant that the Services will be compatible with your mobile device or carrier. Your use of the Services may be subject to the terms of your agreements with your mobile device manufacturer or your carrier. You may not use a modified device to use the Services if the modification is contrary to the manufacturer’s software or hardware guidelines, including disabling hardware or software controls—sometimes referred to as “jail broken.”
You provide your personal information at your own risk. You are responsible for safeguarding your password and for restricting access to the Services from your compatible mobile devices and computer(s). You will immediately notify us of any unauthorized use of your password or VIP StarNetwork, LLC Account or any other breach of security. Notwithstanding Sections 20 and 21, in the event of any dispute between two or more parties as to account ownership, we will be the sole arbiter of such dispute in our sole discretion. Our decision (which may include termination or suspension of any VIP StarNetwork, LLC Account subject to dispute) will be final and binding on all parties.
You consent to accept and receive communications from us, including but not limited to email, text messages, calls, and push notifications to the cellular telephone number you provide to us. These communications may be generated by automatic telephone dialing systems which will deliver prerecorded messages, including for the purposes of secondary authentication, receipts, reminders, and other notifications. Standard message and data rates applied by your cell phone carrier may apply to the text messages we send you, and you are responsible for any charges from your carrier for text messages sent from us. You may opt out of receiving communications by following the unsubscribe options we provide to you. You acknowledge that opting out of receiving communications may impact your use of the Services.
We may terminate these Terms or any other terms, or suspend or terminate your VIP StarNetwork, LLC Account or your access to any Service, at any time for any reason. We will take reasonable steps to notify you of termination by email or at the next time you attempt to access your VIP StarNetwork, LLC Account. You may also terminate the Terms and Additional Terms applicable to your VIP StarNetwork, LLC Account by deactivating your VIP StarNetwork, LLC Account at any time.
9. Effect of Termination
If these Terms or your VIP StarNetwork, LLC Account is terminated or suspended for any reason: (a) we may (but have no obligation to) delete your information and account data stored on our servers, and (b) we will not be liable to you or any third party for compensation, reimbursement, or damages for any termination or suspension of the Services, or for deletion of your information or account data. The following sections of these Terms survive and remain in effect in accordance with their terms upon termination: 6 (Your Content), 7 (Copyright and Trademark Infringement), 12 (Effect of Termination), 14 (Ownership), 15 (Indemnity), 16 (Representations and Warranties), 17 (No Warranties), 18 (Limitation of Liability and Damages), 19 (Third Party Products), 20 (Disputes), 21 (Binding Individual Arbitration), 22 (Governing Law), 23 (Limitation on Time to Initiate a Dispute), 24 (Assignment), 25 (Third Party Service and Links to Other Web Sites), and 26 (Other Provisions).
10. Your License
We grant you a limited, non-exclusive, revocable, non-transferable, non-sublicense-able license to use the software that is part of the Services, as authorized in these Terms exclusively. We may make software updates to the Services available to you, which you must install to continue using the Services. Any such software updates may be subject to additional terms made known to you at that time. As further described in Section 14, Ownership, you do not own or have any additional rights to the Software or any Software updates then given in these General Terms.
We reserve all rights not expressly granted to you in these Terms. We own all rights, title, interest, copyright and other worldwide Intellectual Property Rights (as defined below) in the Services and all copies of the Services. These Terms do not grant you any rights to our patents, trademarks, or service marks.
For the purposes of these Terms, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights that may exist now or come into existence in the future, and all of their applications, registrations, renewals and extensions, under the laws of any state, country, territory or other jurisdiction.
You may submit comments or ideas about the Services (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited, and without restriction, that it will not place us under any fiduciary, confidentiality or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone.
You will indemnify, defend, and hold us and our employees, directors, officers, agents, affiliates, subsidiaries, and representatives harmless from and against any and all claims, costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses (including without limitation reasonable attorney fees) arising out of any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises out of or relates to: (a) any actual or alleged breach of your representations, warranties, or obligations set forth in these Terms or any other VIP StarNetwork, LLC terms; (b) your wrongful or improper use of the Services; (c) your violation of any third-party right, including without limitation any right of privacy, publicity rights, or Intellectual Property Rights; (d) your violation of any law, rule or regulation of the United States or any other country; and (e) any other party’s access and/or use of the Services with your unique name, password, or other appropriate security code.
13. Representations and Warranties
You represent and warrant to us that: (a) you are at least eighteen (18) years of age; (b) you are eligible to register and use the Services and have the right, power, and ability to enter into and perform under these Terms; (c) any information you provide in connection with the Services, including your business name, accurately and truthfully represents your business or personal identity under which you sell goods and services; (d) you and all transactions initiated by you will comply with all federal, state, and local laws, rules, and regulations applicable to you and/or your business, including the Health Insurance Portability and Accountability Act (“HIPAA”); (e) you will not use the Services, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the operation of the Services; and (f) your use of the Services will be in compliance with these Terms and other applicable terms.
14. No Warranties
THE USE OF “VIP STARNETWORK, LLC” IN SECTIONS 14, 15, 16, AND 17 MEANS VIP STARNETWORK, LLC, ITS PROCESSORS, SUPPLIERS, AND LICENSORS (AND RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, AFFILIATES, SUBSIDIARIES, AND REPRESENTATIVES). THE SERVICES ARE PROVIDED “AS IS” WITHOUT REPRESENTATION OR WARRANTY, WHETHER IT IS EXPRESS, IMPLIED, OR STATUTORY. WITHOUT LIMITING THE FOREGOING, VIP STARNETWORK, LLC SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
VIP STARNETWORK, LLC DOES NOT WARRANT OR GUARANTEE THAT THE SERVICES ARE ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, ERROR FREE, WITHOUT DEFECT OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
VIP STARNETWORK, LLC DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICES ADVERTISED OR OFFERED BY A THIRD PARTY. VIP STARNETWORK, LLC DOES NOT HAVE CONTROL OF, OR LIABILITY FOR, GOODS OR SERVICES THAT ARE PAID FOR USING THE SERVICES.
15. Limitations of Liability and Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL VIP STARNETWORK, LLC BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE SERVICE. IN ALL CASES, VIP STARNETWORK, LLC WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
UNDER NO CIRCUMSTANCES WILL VIP STARNETWORK, LLC BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR VIP STARNETWORK, LLC ACCOUNT, OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF VIP STARNETWORK, LLC IS LIMITED TO $500.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF VIP STARNETWORK, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
“Disputes” are defined as any claim, controversy, or dispute between you and VIP StarNetwork, LLC, including any claims relating in any way to these Terms, any other VIP StarNetwork, LLC terms, the Services, or any other aspect of our relationship.
17. Binding Arbitration
You and VIP StarNetwork, LLC agree to arbitrate any and all Disputes by a neutral arbitrator who has the power to award the same damages and relief that a court can. ANY ARBITRATION UNDER THESE GENERAL TERMS WILL ONLY BE ON AN INDIVIDUAL OR ENTITY BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, REPRESENTATIVE ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED. YOU WAIVE ANY RIGHT TO HAVE YOUR CASE DECIDED BY A JURY AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST VIP STARNETWORK, LLC.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced (but in no case will there be a class or representative arbitration). All Disputes will be resolved finally and exclusively by binding individual arbitration with a single arbitrator administered by the American Arbitration Association according to this section and the applicable arbitration rules for that forum. The Federal Arbitration Act, 9 U.S.C. §§ 1-16, fully applies. Any arbitration hearing will occur in Albuquerque, New Mexico, or another mutually agreeable location.
The arbitrator’s award will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. Both parties agree that the prevailing party of any arbitrated dispute shall be entitled to an award of their reasonable attorney fees and costs, with the sum total of such fees and costs not to exceed the amount awarded in such arbitration. Subject to and without waiver of the arbitration provisions above, you agree that any judicial proceedings will be brought in and you hereby consent to the exclusive jurisdiction and venue in the state courts in the City of Albuquerque, County of Bernalillo, State of New Mexico, or federal court for the District of New Mexico.
18. Governing Law
These Terms and any Dispute will be governed by New Mexico law as applied to agreements entered into and to be performed entirely within New Mexico, without regard to its choice of law or conflicts of law principles.
19. Limitation on Time to Initiate a Dispute
Any action or proceeding by you relating to any Dispute must commence within one year after the cause of action accrues, or you will be forever barred from bringing such Dispute.
These Terms and any rights and licenses granted hereunder may not be transferred or assigned by you, and any attempted transfer or assignment will be null and void.
21. Other Provisions
These Terms and any other applicable VIP StarNetwork, LLC terms or policies are a complete statement of the agreement between you and VIP StarNetwork, LLC regarding the Services. In the event of a conflict between these Terms and any other VIP StarNetwork, LLC terms or policies, these Terms will prevail and control the subject matter of such conflict. If any provision of these Terms or any other VIP StarNetwork, LLC term or policy is invalid or unenforceable under applicable law, then it will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. These Terms do not limit any rights that we may have under trade secret, copyright, patent, or other laws. No waiver of any term of these Terms will be deemed a further or continuing waiver of such term or any other term.