TERMS & CONDITIONS
Effective: November 14, 2017
These Terms and Conditions (â€œTermsâ€) apply to the website located at https://viscosoft.com, and all other sites, mobile sites, services, applications, platforms and tools where these Terms appear or are linked (collectively, the â€œSiteâ€). As used in these Terms, â€œViscoSoftâ€, â€œusâ€ or â€œweâ€ refer to ViscoSoft, Inc., d/b/a ViscoSoft, its subsidiaries and affiliates.
Ownership of Site; Agreement to Terms and Conditions
This Site is property of ViscoSoft and its licensors.
PLEASE READ THESE TERMS CAREFULLY AS THEY AFFECT YOUR LEGAL RIGHTS. THESE TERMS CONTAIN AN AGREEMENT TO ARBITRATE THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN A JURY OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SITE.
By accessing or otherwise using this site you agree to these terms. If you have any questions about the Terms, please contact us at firstname.lastname@example.org.
Nature of Products and Services
The Site allows you to learn about and purchase ViscoSoft pillows, mattress toppers and mattress protectors and other products (collectively, â€œProductsâ€). ViscoSoft provides several services to you throughout this process including, but not limited to, e-mail and telephone assistance, mobile applications, order processing and shipping (collectively, â€œViscoSoft Servicesâ€). The use of this Site and any ViscoSoft Service or Product is subject to the Terms set forth herein.
ViscoSoft has authorized certain third parties to sell our Products on our behalf. In that case, the terms, conditions, and policies applicable to those third parties shall apply.
Electronic communication takes place when you visit the Site, send us e-mails, text messages, chat with us on the Site, or communicate with us in any way from your desktop or mobile device. By taking part in these activities, you consent to receive electronic communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages through the Site or other ViscoSoft Services. You can retain copies of these communications for your records.
You agree that all agreements, notices, disclosures, and other electronic communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
All content included on the Site, on or in any ViscoSoft Product or ViscoSoft Service such as text, graphics, logos, photographs, drawings, designs, other images, audio clips, video, animation, data, music, software, Application updates, and other material (collectively "Content") is owned or licensed property of ViscoSoft and is protected by copyright, trademark, patent, or other intellectual property rights and unfair competition laws. ViscoSoft expressly reserves all intellectual property rights in all Content.
The collection, arrangement, and assembly of all Content on the Site is the exclusive property of ViscoSoft, Inc. and protected by U.S. and international copyright laws. Except as expressly provided in these Terms, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without ViscoSoftâ€™s express prior written consent.
If you believe that there is content on the Site that infringes on material you own, please contact ViscoSoft at email@example.com.
Please contact firstname.lastname@example.org if you have questions about our Content or intellectual property, or its use.
ViscoSoft grants you a limited license to access and make personal use of the Site and the Content for NONCOMMERCIAL PURPOSES ONLY and only to the extent such use does not violate these Terms including, without limitation, the prohibitions listed in the "Use of Website" section of these Terms. You may use Content for personal, noncommercial purposes only, provided you do not modify or alter the Content in any way, delete or change any copyright or trademark notice, or violate these Terms in any way. Use of the Site or any of the Content on the Site for any commercial purpose, whether on behalf of yourself or on behalf of any third party, constitutes a material breach of these Terms.
You may need to create an account with ViscoSoft to use certain ViscoSoft Services or to purchase ViscoSoft Products. The account will require you to provide a valid form of payment to make purchases. You are solely responsible for maintaining the confidentiality or your account, your payment information, your username, and your password and for restricting access to your account. You agree to accept all responsibility for the activities that occur under your account and password. Should you wish to delete your account with ViscoSoft, you can do so by following these steps:
â€“ Email email@example.com to notify us that you would like to delete your account.
â€“ Once your account has been deleted, you will receive a confirmation email.
This Site is intended for use by individuals 13 years of age or older. If you are under 18, you may use this Site only with involvement of a parent or guardian.
ViscoSoft reserves the right, without notice and at its sole discretion, to terminate your account or your use of the Site and to block or prevent future access to and use of the Site (i) if you violate any of these Terms, (ii) for any other reason, or (iii) for no reason. Upon any such termination, your right to use the Site will immediately cease.
You agree that we shall not be liable to you or any third party for any termination of your access to the Site. Upon termination, all provisions of these Terms which are by their nature intended to survive termination, all representations and warranties, all limitations of liability and all indemnities shall survive such termination.
Use of Website
The Site may only be used for lawful purposes in accordance with the terms of the license granted in these Terms. You warrant to ViscoSoft that you will not use the Site or any Content for any unlawful purpose or otherwise prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of ViscoSoft or others.
You may not, by yourself or on behalf of a third party:
â€¢ Make any use of data extraction, scraping, mining, or other data gathering tools, or create a database by systematically downloading or storing Site content, or otherwise scrape, collect, store, or use any Content, product listings, descriptions, prices, or images, except pursuant to the limited license granted by these Terms;
â€¢ collect personally identifiable information about other users of the Site;
â€¢ conduct fraudulent activities on the Site;
â€¢ make any commercial use of the Site or its Content, including making any collection or use of any product listings, descriptions, prices, or images;
â€¢ download, copy, or transmit any Content for the benefit of any other merchant;
â€¢ use or attempt to use any engine, software, tool, agent, data, or other device or mechanism (including browsers, spiders, robots, avatars, or intelligent agents) to search the Site other than the search engine and search agents provided by ViscoSoft or generally publicly available browsers;
â€¢ frame, mirror, or use framing techniques on any part of the Site without ViscoSoftâ€™s express prior written consent;
â€¢ use any meta tags or any other hidden text utilizing ViscoSoftâ€™s name or marks;
â€¢ misrepresent the identity of a user, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site, or express or imply that we endorse any statement you make;
â€¢ violate or attempt to violate the security of the Site, including, without limitation: (i) accessing data not intended for you or logging onto a server or an account that you are not authorized to access; (ii) trying to change the behavior of the Site; (iii) attempting to probe, scan, or test the vulnerability of a system or network connected to the Site, or to breach security or authentication measures on the Site or any network connected to the Site; (iv) attempting to interfere with service to any user, host, or network, including, without limitation, via means of submitting malware to the Site, overloading, "flooding," "spamming," "mailbombing," or "crashing"; (v) forging any header or any part of the header information in any email or posting; or (vi) forging communications on behalf of the Site (impersonating the ViscoSoft Site) or to the Site (impersonating another user);
â€¢ send unsolicited or unauthorized email on behalf of ViscoSoft;
â€¢ tamper with the Site or use or attempt to use any device, software, routine, or data that interferes or attempts to interfere with the working or functionality of the Site or any activity being conducted on the Site;
â€¢ use the Site to defame, slander, abuse, harass, stalk, threaten, or otherwise violate the legal rights of any other person or organization, including othersâ€™ privacy rights or rights of publicity;
â€¢ use the Site to post obscene, pornographic, profane or otherwise unlawful or indecent material;
â€¢ restrict or inhibit any other person from using the Site (including, without limitation, by hacking or defacing any portion of the Site);
â€¢ use the Site to advertise without ViscoSoftâ€™s express prior written consent;
â€¢ reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes any portion of, use of, or access to the Site;
â€¢ modify, adapt, reverse engineer, decompile, or disassemble any portion of the Site; or
â€¢ remove any copyright, trademark, or other proprietary rights notice from the Site or materials originating from the Site.
Content Submitted to Site
ViscoSoft welcomes reviews and will occasionally allow users to submit comments, reviews, photos, videos or other content to the Site, submit suggestions, ideas, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the content. ViscoSoft reserves the right (but not the obligation) to remove or edit such content.
By submitting content on the Site, you grant ViscoSoft the right to reproduce, distribute, display, transmit, communicate and derive other works from your post. Additionally, you grant ViscoSoft a royalty-free license to use the name image or likeness of a person identifiable in the review. By posting, you waive any and all rights under copyright law, right of publicity law, privacy law, and other legal rights (in addition to any â€œmoral rightsâ€ that you may have in your Posting). Finally, by submitting a review, you are agreeing that you are the sole and exclusive owner of the review(s) that you post; that by posting you are not infringing or violating the rights of any party (intellectual or proprietary).
ViscoSoft reserves the right to remove Reviews as deemed necessary without an obligation to notify the reviewer.
Product Descriptions and Warranty
ViscoSoft endeavors to describe all of our Products as accurately as possible. However, we do not warrant that Product descriptions are accurate, complete, reliable, current, or error-free.
THIS SITE AND ANY AND ALL VISCOSOFT SERVICES AND PRODUCTS ARE PROVIDED ON AN â€œAS ISâ€ AND â€œAS AVAILABLEâ€ BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. VISCOSOFT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE INFORMATION, CONTENT, MATERIAL, OPERATION OF THE SITE, OR ANY VISCOSOFT SERVICE OR PRODUCT MADE AVAILABLE TO YOU, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE, PRODUCTS OR VISCOSOFT SERVICES IS DONE SOLEY AT YOUR OWN RISK.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, VISCOSOFT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. VISCOSOFT DOES NOT WARRANT THAT THE SITE OR ANY OTHER INTERNET BASED PRODUCTS, SOFTWARE, WEBSITES, APPLICATIONS, OR OTHER SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, VISCOSOFT WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY VISCOSOFT SITE, PRODUCT OR VISCOSOFT SERVICE, INFORMATION, CONTENT, OR MATERIALS MADE AVAILABLE TO YOU THROUGH ANY VISCOSOFT SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. VISCOSOFT DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND ANY VISCOSOFT SERVICE OR PRODUCT. YOUR SOLE REMEDY AGAINST VISCOSOFT FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE.
Limitation of Liability
Except where prohibited by law, in no event will ViscoSoft be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if ViscoSoft has been advised of the possibility of such damages.
If, notwithstanding the other provisions of these Terms, ViscoSoft is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site, ViscoSoft Services, Products or any Content, ViscoSoftâ€™s liability shall in no event exceed the greater of (1) the total of any actual costs or fees with respect to any service or purchase made on the Site, or (2) US $100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
As a condition to the use of the Site, you agree to defend, indemnify and hold harmless ViscoSoft, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, vendors, suppliers, subsidiaries and affiliates from and against liabilities, demands, losses, investigations, inquiries, claims, suits, damages, costs and expenses (including attorneysâ€™ fees), made against ViscoSoft by any third party due to or arising out of or in connection with your use of the Site.
In the event that a dispute arises between you and ViscoSoft (whether in contract, tort, or otherwise) related to these Terms, the Site, or your purchase of Products or use of any ViscoSoft Service, the following rules and procedures shall apply.
ViscoSoft aims to resolve disputes informally. If you wish to initiate this informal process, contact firstname.lastname@example.org with a notice that contains your contact information and a brief written statement setting that contains the facts of your Dispute and the details of what you are seeking. ViscoSoft will contact you using the information you provided. Consultation, communication, or negotiations will be attempted to be resolved within sixty (60) days of your submission. If an agreement is not made within sixty (60) days, you or ViscoSoft may resort to the procedures described below. If we are filing a Dispute with you, we will follow the same process. To contact you, we will use the e-mail and personal address specified when you placed an order on our Site.
If a resolution to the dispute is not made through the informal dispute resolution process, you agree to resolve such dispute through final and binding arbitration. Arbitration is more informal than a lawsuit in court and uses a neutral arbitrator instead of a judge or jury. Arbitration is subject to very limited review by courts, but an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would. Notwithstanding the foregoing, in lieu of arbitration, either you or ViscoSoft may assert an individual claim in small claims court if your claim qualifies provided that it is brought and maintained as an individual claim. Any claim brought in small claims court will be governed by the laws of the state of North Carolina.
If you intend to initiate an arbitration proceeding, you must first send a letter requesting arbitration and describing your claim to our registered agent Dungan, Kilbourne & Stahl, P.A., 1 Rankin Avenue, 3rd Floor, Asheville, NC 28801. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. ViscoSoft will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, ViscoSoft will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights. You can opt-out of mandatory arbitration within 30 days of the purchase of your ViscoSoft Product, use of a the Site or ViscoSoft Service by sending an e-mail to email@example.com with the subject line â€œOpt-Out of Mandatory Arbitrationâ€ and language within the e-mail clearly indicating your preference to opt-out of the mandatory arbitration. If you opt-out of the mandatory arbitration you agree to the personal jurisdiction by and venue in the state and federal courts in Mecklenburg County, North Carolina, and waive any objection to such jurisdiction or venue.
Either you or ViscoSoft may bring a lawsuit for injunctive relief to prevent and/or to stop: unauthorized use or abuse of the Site; defamation, libel, or other false or misleading statements, or; any actual or threatened intellectual property infringement or unfair competition without first engaging in the informal dispute resolution and arbitration processes described above. Such cases shall be governed by the laws of the State of North Carolina without reference or recourse to its choice of law or conflicts of laws principles. While using this site, ViscoSoft is not responsible for any dispute or disagreement that may arise between you and a third-party while using this site. You assume all risk associated when dealing with a third-party on our Site and agree to resolve dispute directly. You release and hold harmless ViscoSoft from and against all claims, injuries, demands, and exposures of any kind arising out of or relating to any such dispute or disagreement.
By using this Site, any ViscoSoft Service or Product, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of North Carolina, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and ViscoSoft.
Site Policies, Modification and Severability
ViscoSoft may at any time: (i) modify or discontinue any part of the Site, (ii) charge, modify or waive fees required to use the Site; or (iii) offer opportunities to some or all Site users. ViscoSoft reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms at any time without notice or liability, and will be effective immediately upon being posted on the Site. It is your responsibility to monitor the Site for any changes to the Terms. Your continued use of the Site and any ViscoSoft Services after changes shall be deemed an acceptance and agreement to the changes. The date of the last revision of the Terms is located at the top of these Terms.
In the event that any part of these Terms is deemed invalid, void, or unenforceable for any reason, only that part or section will be severed. This severing will not affect the continuing enforceability or validity of the remaining parts or sections.
These Terms constitute the entire agreement between you and ViscoSoft with respect to the Site and supersede all prior or contemporaneous communications relating to the Site. Any rights not expressly granted herein are reserved.
Failure to fully exercise any rights or waiver of any breath of these Terms by either party will not prevent such party's subsequent exercise of such right or be deemed a waiver by such party of any subsequent breach by the other party of the same or any other term of these Terms.
You agree that all information provided to ViscoSoft is true, accurate, current and complete. ViscoSoft is not liable or responsible for delays in shipping or order processing where inaccurate, incomplete or false information has been provided.
Our Contact Information ViscoSoft, Inc. 2923 S. Tryon St., Suite 140 Charlotte, NC 28203, firstname.lastname@example.org.