Terms of Service

IMPORTANT – PLEASE READ CAREFULLY: The MyIVO service ("Service") is owned and operated by Aleric, ("Aleric"), a California corporation, and is provided to you ("You") under the terms and conditions of the Aleric Terms of Service ("Terms"). BY COMPLETING THE WEB ACCEPTANCE PROCESS AND CLICKING THE "SUBMIT" BUTTON, YOU REPRESENT AND WARRANT THAT YOU: (i) ARE AUTHORIZED TO SIGN FOR AND BIND THE CONTRACTING PARTY AND (ii) AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH BELOW.

This is a legal agreement ("Agreement") between You and Aleric, Inc. ("Aleric"), for use of the Aleric services which You selected or initiated, which may include the Free and/or Fee-based services (as and if available), and/or other audio, video and web communications services provided by Aleric ("Service") described and priced at http://www.MyIVO.com.

REGISTRATION

To use the Service, You must submit a complete Aleric MyIVO registration form, available at http://www.MyIVO.com (the "Registration Form"). As part of the registration process for the Service, You agree to: (1) provide certain limited information about You and (2) maintain and update this information as required to keep it current, complete and accurate. The information requested on original signup shall be referred to as registration data ("Registration Data"). If Aleric discovers that any of Your Registration Data is inaccurate, incomplete or not current, Aleric may terminate Your right to access and receive the Service immediately upon notice. Aleric will evaluate the registration application in good faith and will notify You in a timely manner regarding acceptance or rejection. Aleric may reject a registration application if it determines, in its sole discretion that the user is not an appropriate subscriber or user of the Service. Aleric reserves the right to refuse the Service to any user who has canceled any number of previous Service accounts. Aleric need not provide a reason for its rejection. If Aleric rejects Your application, then You may reapply and Aleric will reconsider the application. You may not register for this Service if You are under 18 years of age. By registering for this Service You represent to Aleric, that You are 18 years of age or older. Upon acceptance of this agreement and completion of the registration process You will have opened an account with Aleric and will become a subscriber to the MyIVO Service.

SERVICES

(a) Description of Service. MyIVO provides the registered user with remote access to the user's registered PC(s) from any Web browser. To use the Service you will need to download “MyIVO Desktop Server” software to each PC that you would like to access remotely. Each PC that you wish to access must also maintain a persistent connection with the Internet in order to be accessible remotely.

(b) Fees and Payments. In the event that You select one or more fee-based Services, you can find the current Subscription Fees and charges posted on the MyIVO Web site. Your subscription will continue and renew automatically unless terminated by Aleric or until You notify Aleric of Your decision to change Your subscription. If there are any annual, monthly or similar periodic fees for Your subscription, these fees will be billed automatically to the PayPal account designated during the registration process for MyIVO.com, or subsequently designated to Aleric at the start of the subscription period and at the start of each renewal period, unless You terminate Your subscription before the relevant period begins. You agree to pay or have paid all fees and charges incurred in connection with Your subscription for MyIVO.com (including any applicable taxes) at the rates in effect when the charges were incurred. All fees and charges are nonrefundable. Aleric may change the fees and charges then in effect, or add new fees or charges, by giving You notice in advance. All fees and charges incurred in connection with Your user name will be billed to the PayPal account designated during the registration process for MyIVO.com or subsequently designated to Aleric. You also are responsible for any fees or charges incurred to access MyIVO.com through an Internet access provider or other third party service. YOU, AND NOT Aleric, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR PAYPAL ACCOUNT BY A THIRD PARTY, WHICH WERE NOT AUTHORIZED BY YOU. This Agreement is personal to You, and You may not assign Your rights or obligations to anyone.

(c) PayPal Account. As a condition to your right to use the fee-based Service, You must provide us with a valid PayPal account number belonging to you with available credit sufficient to pay the applicable Service Fees. In the event that you cancel this PayPal account or it is otherwise terminated, you must immediately provide us with a new valid PayPal account number. You authorize Aleric, from time to time, to undertake steps to determine whether the PayPal account number you have provided to us is a valid PayPal account number. In the event that you do not provide us with a current valid PayPal account number with sufficient credit upon request during the effective period of this Agreement, you will be in violation of this Agreement, and we may terminate this Agreement with You.

(d) Trial Offers, Coupons and Special Offers. Aleric reserves the right to discontinue or modify coupons, credits and special promotional offers at our discretion. The Free Trial offer associated with MyIVO entitles new, registered subscribers to a one-time free trial usage of the service. Free Trial terms vary by promotional offer. At the end of the trial period You will be automatically subscribed and we will bill your credit card for the fees to the Service plan You selected at registration or to a default Service plan for trial subscribers selected by Aleric. If You wish to terminate the trial and do not wish to subscribe to a plan, You must cancel before the end of your trial period. For cancellation instructions, log in to your account and click on the Billing Info section of your My Account page.

USER CONDUCT

You are solely responsible for the content of Your transmissions through the Service. Aleric does, however, reserve the right to take any action with respect to the Service that Aleric deems necessary or appropriate in Aleric's sole discretion if Aleric believes You or Your transmissions or use of the Service may create liability for Aleric. Your use of the Service is subject to all applicable local, state, national and international laws and regulations (including without limitation those governing account collection, export control, consumer protection, unfair competition, anti-discrimination or false advertising). You agree: (1) to comply with all United States laws, rules and other regulations applicable in connection with the Service; (2) not to use the Service for illegal purposes; (3) not to interfere or disrupt networks connected to the Service; (4) not to use the Service to infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; and (5) not to transmit through the Service, through Feedback or otherwise, any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. You will not attempt to gain unauthorized access to other computer systems and You will not interfere with another user's use and enjoyment of the Service.

PERMISSION TO UTILIZE

a) Permission to utilize Your computer. In order to receive the benefits provided by the MyIVO Service, You hereby grant permission for the MyIVO Service to utilize the processor and bandwidth of Your computer for the limited purpose of facilitating the communication between MyIVO Service Software users.

b) Protection of Your computer (resources). You understand that the MyIVO Service will use its commercially reasonable efforts to protect the privacy and integrity of Your computer resources and Your communication, however, You acknowledge and agree that MyIVO Service cannot give any warranties in this respect.

PROPRIETARY RIGHTS

In accordance with Your authorized use of the Service, Aleric grants You a limited license to use the software solely in connection with the Service offered by Aleric. You acknowledge that the software downloaded in connection with the Service is proprietary to Aleric and may be protected by copyrights, trademarks, product marks, patents or other proprietary rights and laws; therefore, You are only permitted to use this software as expressly authorized by the Service and these Terms. Further, MyIVO, Aleric and the Aleric logo, and other names, logos, icons and marks identifying Aleric's products and services are trademarks of Aleric and may not be used without the prior written permission of Aleric. All other product names mentioned are used for identification purposes only and may be trademarks of their respective holders. You may not copy, reproduce, distribute or create derivative works of this software without expressly being authorized to do so by Aleric. Further, You may not reverse engineer, decompile, alter, modify, disassemble or otherwise attempt to derive source code from the software. All rights not expressly granted in these Terms are reserved to Aleric.

PRIVACY

Aleric will not sell or rent Your personally identifiable information to anyone unless You expressly consent to disclosures of Your personal identification and other personal information to third parties. We may send personally identifiable information about You to third parties when: a) We have Your consent to share the information or b) We find that Your actions on our Web site violate this Terms of Service or c) We respond to subpoenas, court orders or legal processes which require us to disclose Registration Data or any information about You to law enforcement or other government officials as Aleric, in its sole discretion, believes necessary or appropriate. More information on Aleric's current privacy policy for MyIVO can be found at http://www.MyIVO.com.

MODIFICATIONS

Aleric may amend these Terms at any time by (i) posting a revised Terms of Service document on http://www.MyIVO.com and/or (ii) sending information regarding the Terms amendment to the email address You provide to Aleric. You are responsible for regularly reviewing the http://www.MyIVO.com site to obtain timely notice of such amendments. You manifest intent to accept these amended terms if You continue to use Your membership account after such amended terms have been posted or information regarding such amendment has been sent to You. Otherwise, these Terms may not be amended except in writing signed by both parties. Further, Aleric reserves the right to modify or discontinue the Service with or without notice to You. Aleric shall not be liable to You or any third party should Aleric exercise its right to modify or discontinue the Service.

PASSWORDS AND SECURITY

As part of the registration process, You will use Your email address as Your user name and You will choose Your passwords for access to this account and to Your designated computers. You agree to carefully safeguard all of Your passwords. You are solely responsible if You do not maintain the confidentiality of passwords and account information. Furthermore, You are solely responsible for any and all activities that occur under Your account. You agree to immediately notify Aleric of any unauthorized use of Your account or any other breach of security known to You, including if You believe that Your password or account information has been stolen or otherwise compromised.

TERMINATION

Aleric may immediately terminate Your membership and right to use the Service if (a) You breach these Terms; (b) Aleric is unable to verify or authenticate any information You provide to Aleric; (c) such information is inaccurate; or (d) Aleric decides, in its sole discretion, to discontinue offering the Service. Aleric shall not be liable to You or any third party for termination of the Service. You may terminate Your Account and end Your use of the Service at any time, for any reason or for no reason. Upon termination of Your account, You shall remain liable for all fees incurred or accrued by You and any fees you may have paid in advance are nonrefundable. Upon expiration or termination for any reason, You are no longer authorized to use the Service or Software. When this Agreement is terminated and/or Your Account is canceled, You will no longer have access to data and other material You have stored on the Site and that material may be deleted by Aleric.

MAINTENANCE AND UPDATES

You understand that Aleric may update the Software at any time, but is under no obligation to inform You of or furnish to You any such updates. This Agreement does not grant You any right, license or interest in or to any support, maintenance, improvements, modifications, enhancements or updates to the Software or supporting documentation. To the extent that Aleric supplies any updates to You, such updates will be deemed to be subject to the terms of this Agreement unless Aleric indicates otherwise. Aleric reserves the right to charge fees for any future versions of, or updates to, this Software.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" BASIS. ALERIC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Aleric MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY OR ERROR FREE, NOR DOES Aleric MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR THE ACCURACY OF ANY OTHER INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED (INCLUDING SOFTWARES) THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Aleric OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

IN NO EVENT SHALL Aleric OR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, EVEN IF Aleric HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ALERIC'S LIABILITY TO YOU OR ANY THIRD PARTY IS LIMITED TO $50. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

INDEMNITY

You hereby agree, at Your expense, to indemnify, defend and hold Aleric harmless from and against any loss, cost, damages, liability or expense arising out of or relating to (a) a third-party claim, action or allegation of infringement based on information, data, files or other content submitted by You; (b) any fraud or manipulation, or other breach of these Terms by You; or (c) any third-party claim, action or allegation brought against Aleric arising out of or relating to a dispute between its users over the terms and conditions of a contract or related to the purchase and sale of any services.

GENERAL TERMS

These Terms are governed in all respects by the laws of the State of California as such laws are applied. Both parties submit to personal jurisdiction in California and further agree that any cause of action relating to these Terms shall be brought in a court in Santa Clara County, California. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Aleric's failure to act with respect to a breach by You does not waive Aleric's right to act with respect to subsequent or similar breaches. You may not assign or transfer this Agreement or any rights hereunder, and any attempt to the contrary is void. This Agreement shall inure to the benefit of and be binding upon each party's successors and assigns. Aleric shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond Aleric's reasonable control. Unless otherwise provided in this Agreement, any notice required or permitted to be given under this Agreement shall be delivered (i) by hand; (ii) by registered or certified mail, postage prepaid and return receipt requested to the address provided by the other party, or to such other address as a party may designate by written notice in accordance with this Section 12; (iii) by overnight courier or (iv) by electronic mail with confirming letter mailed under the conditions described in (ii). Notice so given shall be deemed effective when received, or if not received by reason of fault of addressee, when delivered. These Terms constitute the complete and exclusive understanding and agreement of the parties relating to the subject matter hereof and supersedes all prior understandings, proposals, agreements, negotiations and discussions between the parties, whether written or oral.

You understand and agree that You are solely responsible for periodically reviewing the Terms of Service.