Terms & Conditions

Untitled Document

Terms & Conditions

Acceptance of Terms Through Use

By using this site or by clicking "I agree" to this Agreement, you ("Subscriber" or "User") signify your agreement to these terms and conditions. If you do not agree to this Agreement, please do not use this site and do not click "I agree." Please check this Agreement periodically for changes, as the owner of this site ("VIgniter") reserves the right to revise this Agreement. In the event of a change to this Agreement, your continued use of this site following the posting of any changes constitutes acceptance of such changes. VIgniter reserves the right to terminate a Subscriber’s use of this site at any time without notice and may do so for any breach of this Agreement.

Subscription Agreement Terms

Term

The term of this Agreement shall be month-to-month. You commit to the entire term as outlined on the VIgniter website. Subscriptions will commence on the day you enter into this Agreement by entering a valid credit card or other payment information on the VIgniter website or immediately after the expiration of any free trial provided, whichever is later. For Monthly Subscriptions, charges for each one-month term will be billed and assessed in advance monthly, every 30 days from the day your first subscription fee was processed. The subscription will automatically renew from month-to-month, every 30 days, until cancelled or terminated.

Cancellation

Cancellation requests must be submitted via email to [email protected], from the email address on file, or from the VIgniter portal feedback form, a minimum of 2 business-days prior to any billing period to avoid unwanted charges and term renewal.

Any cancellation will be effective as of the last day of the current term in which VIgniter is notified of the cancellation. There will be no refund of partial fees for the remainder of any subscription term.

Refunds

No refunds will be given for any remaining term regardless of subscribers use or non-use of the VIgniter service.

Changes to Terms

We reserve the right to change these terms at any time and you should check the terms of the website regularly. Any change will become effective thirty days after the change is posted. Your use of the website or the software provided by VIgniter constitutes your acceptance of the new terms.

Terms Relating to Use of the VIgniter Service & Software

1. Definitions

Client Softwaremeans any software provided to a subscriber related to the Service.

Subscribermeans the person or entity who has entered into this Agreement authorizing the use of VIgniter. If an individual enters into this Agreement on behalf of a company or other legal entity, the individual represents and warrants that he/she has the authority to bind the entity to this Agreement.

Licensemeans the right granted by VIgniter to install, use and/or otherwise interact with the Service and/or the Client Software for Subscriber’s personal or internal business purposes.

ServiceMmeans VIgniter’s online service and software including any updates, upgrades, support and content (for example, audio or visual information or documents) contained or made available to Subscriber by VIgniter as part of or in the course of using the Service. VIgniter may change the Service or its features at any time and for any reason without notice.

2. Account Registration

  1. Subscriber agrees to provide VIgniter with accurate personal details including Subscriber’s full name and a valid e-mail address and all other information that VIgniter may request from Subscriber from time to time in order to complete the registration process and update Subscriber’s account details. Subscriber represents and warrants that the information provided to VIgniter truthfully identifies the Subscriber and his/her/its contact information.
  2. Subscriber, if an individual, represents that he/she is at least 18 years of age.
  3. Subscriber will keep his/her/its password and other login details confidential and will not disclose or make it available to any other person. Any use of the Service by any person other than the Subscriber is prohibited and constitutes a breach of this Agreement.

All past due subscription fees are subject to a late payment service charge at the rate of 1.5% per month or the maximum allowed by law whichever is less.

3. Authorized Users

Only the Subscriber is authorized under this License to use the Service including the Client Software. If the Subscriber is a business entity, only one person authorized by the Subscriber may use the Service. User Licenses may not be shared or used with any other person and, if purchased by a business, cannot be reassigned to a new user to replace a current authorized user who has terminated employment or otherwise changed job status or function and no longer used the Service.

4. Rights and Limitations on Use

  1. UseExcept as may be explicitly permitted, you agree not to save, download, cut and paste, sell, license, rent, lease, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from materials from this site. Systematic retrieval of data or other content from this site to create or compile, directly or indirectly, a collection, database or directory without written permission from VIgniter is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited.
  2. SecurityYou agree that if you are issued a Username and Password by VIgniter, you shall use your best efforts to prevent access to this site through your Username and Password by anyone other than yourself, including but not limited to, keeping such information strictly confidential, notifying VIgniter immediately if you discover loss or access to such information by an unauthorized party and by using a secure Username and Password not easily guessed by a third party.
    You agree that you shall not try to reverse assemble, reverse compile, decompile, disassemble, translate, or otherwise alter any executable code, contents, or materials on or received via this site. You understand that such actions are likely to subject you to serious civil and criminal legal penalties and that VIgniter shall pursue such penalties to the full extent of the law to protect its rights and the rights of its other licensors.
  3. ExportYou agree that you shall comply with all applicable export and import control laws and regulations in your use of this site, or materials or services received through this site, and, in particular, you shall not export or re-export anything on or received through this site in violation of local or foreign export laws and/or without all required U.S. and foreign government licenses.
  4. Government UseIf you are a branch or agency of the U.S. Government, the following provision applies. This site, code, contents, services and accompanying documentation are comprised of "commercial computer software" and "commercial computer software documentation" as such terms are used in 48 C.F.R. 12.212 (SEPT 1995) and are provided to the Government (i) for acquisitions by or on behalf of civilian agencies, consistent with the policy set forth in 48 C.F.R. 12.212; or (ii) for acquisitions by or on behalf of units of the Department of Defense, consistent with the policies set forth in 48 C.F.R. 227.7202-1 (JUN 1995) and 227.7202-3 (JUN 1995). Unpublished rights reserved under the copyright laws of the United States.
  5. Errors & CorrectionsWhile we use reasonable efforts to include accurate and current information on our Site, we do not warrant or represent that the Site will be error-free. Data entry errors or other technical problems may sometimes result in inaccurate information being shown. We reserve the right to correct any inaccuracies or typographical errors on our Site, including pricing and availability of products and services, and shall have no liability for such errors. We may also make improvements and/or changes to the Site’s features, functionality, or content at any time. If you see any information or description you believe to be incorrect, please contact us and we’ll verify it for you.

5. Ownership

The Service is being licensed to you and not sold. Except for the license granted under this Agreement, VIgniter retains all right, title and interest in and to the Service in whole or in part including the Software, any content provided as part of the Service and any copies of the foregoing.

6. Responsibility for Use

You are solely responsible for the use of the Service including the Software and any content included or provided as part of the Software. You are also solely responsible for your use of any data or other content that is input, stored, transmitted or otherwise used as part of the Service. You represent and warrant to VIgniter that any content or data used or uploaded by you in connection with or as part of the Service will not (a) infringe upon or otherwise violate any laws or regulations or any intellectual or other property rights or contract rights of any other person; (b) contain any software, viruses, Trojan horses, worms or other similar harmful or destructive programming routines, computer codes, files or programs; (c) contain any unlawful, harassing, abusive, harmful, threatening, profane, defamatory, obscene or otherwise objectionable or offensive content; or (d) violate any applicable laws.

7. Subscriber Conduct

By using features of this site that allow you to post or otherwise transmit information to or through this site, or which may be seen by other users, you agree that you shall not upload, post, or otherwise distribute or facilitate distribution of any content—including text, communications, video, software, images, sounds, data, or other information—that:

  1. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortuous, obscene, sexually explicit or graphic, or otherwise in violation of this site’s rules or policies;
  2. infringes any patent, trademark, service mark, trade secret, copyright, moral right, right of publicity, privacy or other proprietary right of any party;
  3. constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
  4. contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
  5. impersonates any person or entity, including any employee or representative of this site, its licensors or advertisers.

You also agree that you shall not harvest or collect information about the users of this site or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic email or communications for any other commercial purpose of your own or a third party.

You further agree that you shall not solicit or collect information, or attempt to induce any physical contact with, anyone 18 years old or younger without appropriate parental consent.

This site generally does not pre-screen, monitor, or edit the content posted by users of this site. However, this site and its agents have the right, at their sole discretion, to remove any content that, in this site’s sole judgment, does not comply with the Site Submission Rules or is otherwise harmful, objectionable, or inaccurate. This site is not liable for any failure, delay, damages or results, in removing such content.

You agree that your use of this site may be suspended or terminated immediately upon receipt of any notice which alleges that you have used this site in violation of these Rules and/or for any purpose that violates any local, state, federal or law of other nations, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may be obscene or pornographic, that may harass or assault other, that may violate hacking or other criminal regulations, etc. of its agents, officers, directors, contractors or employees. In such event, you agree that the owner of this site may disclose your identity and contact information, if requested by a government or law enforcement body or as a result of a subpoena or other legal action, and the owner of this site shall not be liable for damages or results thereof, and you agree not to bring any action or claim against the owner of this site for such disclosure.

8. Storage

You may store data and content on the servers that VIgniter uses to provide the Service. You acknowledge and agree, however, that VIgniter has no responsibility or liability for any deletion, destruction, corruption or other loss of any data or content to use or upload as part of the Service.

9. Modifications

VIgniter may upgrade, enhance, change, suspend, discontinue or otherwise modify any of the functions, features, aspects or components of the Service, its presentation, the manner in which it is delivered or how it is used or operated in its sole discretion and without notice. Any modifications made available to you will be subject to the terms and conditions of this Agreement. If required by VIgniter, you must promptly replace the version of the Software or component you have installed on your computer or other device.

10. Termination

  1. Termination by VIgniter.VIgniter may terminate this Agreement without cause by providing the Subscriber five days’ written notice of the termination. VIgniter may also cancel or suspend Subscriber’s use of the Service or a portion thereof at any time if Subscriber violates the terms of this Agreement, if VIgniter believes that Subscriber’s use of the Service represents a direct or indirect threat to its network function (or those of its contractors or suppliers) or anyone else’s use of the Service or if VIgniter is otherwise required by law to do so. Cancellation or suspension of the Service for Subscriber’s violation of the terms of this Agreement will not change Subscriber’s obligation to pay any fee due for the balance of the term in which the termination occurs.
  2. Termination by Subscriber.Subscriber may terminate a subscription at any time during its term directly via the VIgniter portal feedback form or by e-mailing at: [email protected] from the account email address. A termination will be effective at the end of the term during which Subscriber terminates the subscription. Subscriber must pay for the remaining term up to the termination effective date. No refunds will be given for any remaining term regardless of subscribers use or non-use of the VIgniter service.
  3. Effects of Termination.Upon termination of the Service by either party for any reason, VIgniter may delete Subscriber’s data permanently from its servers. Subscriber acknowledges that VIgniter will have no obligation to continue to hold, export or return Subscriber’s data.

11. Privacy & Access to Account

  1. Privacy.In order to operate and provide the services, VIgniter may need to access your account and the data you have input. You grant VIgniter the right to access your account and data for that purpose. VIgniter also collects information about its Subscribers and the Subscriber’s database or list of contacts. VIgniter uses that information as described in VIgniter’s Privacy Policy which is available at https://vigniter.com/privacy.html, the terms of which are incorporated herein by reference.
  2. Performance and Usage Data.In order to provide the Service, VIgniter may collect information about the Service performance, Subscriber’s computers or hand-held devices and its Service use.
  3. Communication.VIgniter may need to notify Subscriber occasionally of announcements relating to the operation of the Service. In addition, Subscriber may receive marketing and other information relating to VIgniter, its products or services from time to time.

12. Intellectual Property Rights

  1. VIgniter and other VIgniter graphics, logos, page headers, and service names are trademarks, registered trademarks or trade dress of Team Igniter, LLC.in the United States and other countries. VIgniter’s trademarks and trade dress may not be used in connection with any way that is likely to cause confusion or in any manner disparages or discredits VIgniter.
  2. Subscriber Use of Intellectual Property.VIgniter does not sanction or approve the unauthorized use of content protected by copyright or other intellectual property rights. Subscriber represents and warrants that the use or publication of any content by Subscriber does not violate the intellectual property rights of any third party.
  3. Ownership of Subscriber Data.VIgniter performs regular back-ups of Subscriber data for the purpose of recovery in the event of a failure of the servers hosting the Service. Notwithstanding the foregoing, however, Subscriber is solely responsible for maintaining and backing-up any Subscriber data that it uses with the server. Subscriber, not VIgniter, will have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and ownership or right to use such data. VIgniter will not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any data that Subscriber uses with the Service.

SMS Text Messaging

By submitting your information on our site, you are registering to receive communications via Short Message Service or text ("SMS/MMS Alerts Service"), you are agreeing to the terms and conditions of this Agreement ("Terms") and the VIgniter website Terms of Use and Privacy Policy.

Authorization:You certify that you are authorized: (a) to enroll the designated mobile phone number in the SMS/MMS Alerts Service, and (b) to incur any mobile message or data charges that may be incurred by participating in the SMS/MMS Alerts Service.

Subscribing to SMS Alerts:You may subscribe to SMS/MMS Alerts by entering and submitting your phone number in the provided submission forms available on our website. By entering your phone number and completing the submission form, you consent to these terms and to receive text message communications from VIgniter as described herein. A text message will be delivered to the mobile number you provided confirming your enrollment once you have submitted your phone number. You are responsible for managing the types of texts (whether SMS or MMS) you receive.

By subscribing to SMS/MMS, you expressly consent and agree to accept and receive related communications via text message to your mobile device and to the cellular/mobile telephone number(s) that you provided to us. The information in any message may be subject to certain time lags and/or delays.

Frequency of Messages:The number and frequency of SMS/MMS Alerts sent to your device depends on several factors including the number of requests for information made to the website brand partner(s) from whose site you directly subscribed and if you’ve asked for help or support from them via text messaging.

To Stop Messages:Reply STOP to any text message you receive, or contact VIgniter Customer Service at the contact information listed at www.VIgniter.com. You consent that following such a request to unsubscribe, you will receive one (1) final message from VIgniter confirming that you have been inactivated in our system. Please allow up to three (3) business days to process your request.

For Help:Visit https://www.vigniter.com/contactUs.html for Customer Service contacts.

Message, Voice and Data rates may apply.By participating in the SMS/MMS Alerts Service, you approve any such charges from your mobile carrier. Check your carrier’s plan for details. You acknowledge and agree that you are solely responsible and liable for obtaining, maintaining, and paying all charges related to your mobile device(s).

No Guarantee:VIgniter is not responsible for incomplete, lost, late, or misdirected messages, including (but not limited to) undelivered messages resulting from any form of filtering by your mobile carrier or service provider or otherwise.

Use of Automated Dialing Technology:You acknowledge and agree that the SMS/MMS Alerts Service may be provided in some cases through automatic telephone dialing technology, an artificial voice or a pre-recorded voice. By providing us your phone number, you expressly consent to receive the SMS/MMS Alerts Service through automatic dialing technology, artificial and pre-recorded voice.

General Communications:You agree to receive notifications from VIgniter, its representatives, employees, and agents, through any means authorized under these Terms, including phone calls and text messages that use automatic telephone dialing technology, artificial voice or pre-recorded voice or live person.

Carriers:Supported carriers include all major United States carriers including, AT&T, Verizon Wireless, T-Mobile®, Sprint, and others.

Termination:VIgniter reserves the right, in its sole discretion, to cancel or suspend any or all of the SMS/MMS Alerts Service, in whole or in part, for any reason, with or without notice to you.

GENERAL TERMS & CONDITIONS

1. Use of Products or Services

I agree to use VIgniter in conformity with all applicable laws.

2. License

Upon your agreement, VIgniter hereby grants you a non-exclusive, non-transferable limited license to use this site in strict accordance with the terms and conditions in this Agreement. You agree not to make any false or fraudulent statements as you use this site. You acknowledge and agree that all content and services available on this site are property of VIgniter and are protected by copyrights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws, in the U.S. and internationally. All rights not expressly granted herein are fully reserved by VIgniter, its advertisers, and licensors. You agree to pay for any and all purchases and services using your name and credit card through this Site, not to challenge any such charges and to pay for all collections and/or attorney’s fees resulting from any non-payment.

3. Payment

All subscription fees will be billed automatically to the credit card you designate. You authorize VIgniter to debit your credit card for any and all amounts owed by you and you will keep the credit card you register for this purpose in good standing and with available open credit sufficient to cover any amounts arising under this Agreement. If, for any reason, the credit card that VIgniter has on file for you becomes cancelled, invalid, insufficient or unavailable for any reason you will immediately provide VIgniter with a replacement credit card and related information. All authorization for this Agreement will apply to that replacement card.

4. Privacy Policy

VIgniter uses any information that it collects as described in VIgniter’s Privacy Policy which is available at https://vigniter.com/privacy.html, the terms of which are incorporated herein by reference.

5. Third Party Sites

You may be transferred to online merchants or other third party sites through links or frames from this site. You are cautioned to read their Terms and Conditions and/or Privacy Policies before using such sites. These sites may contain information or material that is illegal, unreasonable or that some people may find inappropriate or offensive. These other sites are not under the control of VIgniter and are not monitored or reviewed by VIgniter. The inclusion of such a link or frame does not imply endorsement of this site by VIgniter, its advertisers or licensors, any association with its operators and is provided solely for your convenience. You agree that VIgniter and its licensors have no liability whatsoever from such third party sites and your usage of them.

6. Disclaimer of Warranties

VIgniter, its advertisers and licensors make no representation or warranties about this site, the suitability of the information contained on or received through use of this site, or any service or products received through this site. All information and use of this site are provided "as is" without warranty of any kind. VIgniter, advertisers and/or its licensors hereby disclaim all warranties without regards to this site, the information contained or received through use of this site, and any services or products received through this site, including all express, statutory, and implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. VIgniter, advertisers and/or its licensors do not warrant that the contents or any information received through this site are accurate, reliable or correct; that this site will be available at any particular time or location; that any defects or errors will be corrected; or that the contents of any information received through this site is free of viruses or other harmful components. Your use of this site is solely at your risk. Subscriber agrees that it has relied on no warranties, representations or statements other than in this agreement. Because some jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to you but shall apply to the maximum extent permitted by law of your jurisdiction.

7. Limitation of Liability

Under no circumstances shall VIgniter, advertisers and/or its licensors be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use or inability to use, this site. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if VIgniter, advertisers and/or its licensors have been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, VIgniter, advertisers and/or its respective licensors’ liability in such jurisdictions shall be limited to the maximum extent permitted by law of your jurisdiction.

8. Indemnification

You agree to defend, indemnify, and hold harmless VIgniter, its advertisers, licensors, subsidiaries and other affiliated companies, and their employees, contractors, officers, agents and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use of this site, or any services, information or products from this site, or any violation of this Agreement. VIgniter reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with VIgniter in asserting any available defenses.

9. Legal Compliance

Company may suspend or terminate this Agreement or Subscribers’s use immediately upon receipt of any notice which alleges that Subscriber has used this site for any purpose that violates any local, state, federal or law of other nations, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may be obscene or pornographic, that may harass or assault other, that may violate hacking or other criminal regulations of its agent, officers, directors, contractors or employees. In such event, Company may disclose the Subscriber’s identity and a subpoena or other legal action, and Company shall not be liable for damages or results thereof and Subscriber agrees not to bring any action or claim against Company for such disclosure.

10. Assignment

You may not assign this Agreement and any attempted assignment shall be void. VIgniter may delegate all or part of the performance of its obligations under this Agreement to independent contractors or other businesses.

11. Severability

If a court holds any provision of this Agreement to be illegal, invalid or unenforceable the rest of this Agreement shall remain in effect and this Agreement will be amended to give effect to the eliminated provision to the maximum extent possible.

12. Choice of Law & Forum

This site (excluding third party linked sites) is controlled by VIgniter from its offices within the State of Utah, U.S. of America. It can be accessed from all 50 states as well as from other countries around the world to the extent permitted by site. As each of these places has laws that may differ from Utah, by accessing this site, both you and VIgniter agree that the statutes and laws of Utah shall apply to any actions or claims arising out of or in relation to this Agreement or your use of this site, without regards to conflicts of laws principles thereof. You and VIgniter also agree and hereby submit to the filing of any claim only in the exclusive personal jurisdiction and venue of Utah and any legal proceedings shall be conducted in English. VIgniter makes no representation that materials on this site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited.

13. Termination

This Agreement may be terminated at any time by VIgniter for cause which shall include the breach of this Agreement by the client, abusive or unprofessional conduct, or conduct which would tend to hold VIgniter up to embarrassment or contept. Any subscription may be terminated without cause by providing Subscriber with thirty days written notice of termination.

14. Miscellaneous

This Agreement incorporates by reference the Site Submission Rules if this site allows posting and posts such Rules. This Agreement constitutes the entire agreement between the parties related to the subject matter thereof, supersedes any prior or contemporaneous (oral, written, or electronic) agreement between the parties and shall not be changed except by written agreement signed by an officer of VIgniter. If any provision of this Agreement is prohibited by law are held to be unenforceable, the remaining provisions hereof shall not be affected, and this Agreement as much as possible under applicable law shall continue in full force and effect as if such unenforceable provision had never constituted a part hereof and the unenforceable provision shall be automatically amended so as to best accomplish the objectives of such unenforceable provision within the limits of applicable law.

This site reserves the right to revise these provisions at its discretion, so check back from time to time to be sure you are complying with the current version.

15. Entire Agreement

This Agreement constitutes the entire agreement between you and VIgniter with respect to the subject matter hereof and supersedes any other agreement, proposals and communications, written or oral between VIgniter and you with respect to the subject matter hereof.

Vasayo Igniter