These Terms and Conditions of Use and all documents and policies referred to and incorporated by such reference (collectively, these “Terms”) set forth the legal contract between each end user (“User,” “you” or “your” ) and V100K Technologies, LLC and its affiliates (“VT,” “we,” “our,” or “us”) with respect to your access to and use of the mobile application to which these Terms are attached and apply (the “App”). The App is an interactive platform where users can share and view Content including your use of any Services and Tools related to the App as offered by us, whether through the App, our website(s), or otherwise.

PLEASE CAREFULLY READ THESE TERMS. BY USING THE APP AND SERVICES, YOU ACKNOWLEDGE AND REPRESENT THAT YOU (i) HAVE READ THESE TERMS AND THE APPLICABLE PRIVACY POLICY, WHICH CAN BE REFERRED TO WITHIN THE APP AND WHICH IS INCORPORATED INTO THIS AGREEMENT BY REFERENCE (THE “PRIVACY POLICY”), (ii) UNDERSTAND THEM, (iii) ACCEPT AND AGREE TO BE BOUND BY THEM, (iv) ARE AT LEAST 18 YEARS OLD OR ARE ABLE TO FORM LEGALLY BINDING CONTRACTS IN YOUR STATE OF RESIDENCE, AND (v) AGREE TO COMPLY WITH ALL LAWS AND REGULATIONS (INCLUDING ANY POLICIES OF YOUR COMPANY) APPLICABLE TO YOUR ACCESS TO AND USE OF THE APP OR THE SERVICES. IF YOU DO NOT AGREE TO ANY OF THESE TERMS, YOU MAY NOT ACCESS OR USE THE APP OR THE SERVICES; PLEASE DELETE THE APP PROMPTLY FROM YOUR MOBILE DEVICE AND DO NOT ACCESS OR USE THE APP OR THE SERVICES.

WARNING: The use of cell phones, tablets, and other devices are regulated in most states. There are extreme hazards with use of such devices while driving, flying, boating, and operating machinery & equipment. Therefore, please ensure that when accessing the App, the Services or the Tools, you do so in a safe and legal manner. Neither us nor our business partners assume any responsibility or liability for any operation that is contrary to law or normal safety standards.

I. OTHER DEFINITIONS

Capitalized terms used throughout these Terms and not otherwise defined elsewhere in these Terms have the following meanings:

“Content” means and includes, without limitation, information (personal or otherwise), photos, images, artwork, graphics, videos, audio, animations, text, editorials, comments, writings, chat and text messages (including histories), music, liner notes, lyrics, and other elements and materials, in any media or format now known or hereinafter devised, whether physical, electronic, digital, analog or otherwise. Content may be owned or controlled by us and/or owned, submitted, uploaded, posted, displayed, or otherwise made available by you as a Registered User.

“Feedback” means any information or idea you provide to us about the App, Services or Tools, whether as a comment, evaluation, or otherwise, and through any media.

“Member” means a Registered User that has registered for, and entered into, a membership subscription agreement with us, which, for any such Member, are hereby incorporated by reference.

“Non-Member” means a Registered User that is not a Member.

“Registered User” means any Member or Non-Member who has set up an Account.

“Services” means any and all services, tools, software, developer platform functionalities, and mobile applications and functionalities relating to the App and as may be provided by us from time to time.

“User” means “you”, the user of the App, whether you are an unregistered visitor or a “Registered User.”

II. SERVICES AND TOOLS

A. Access to Services and Tools

For so long as you agree to these Terms and abide by them, you may use the App and the Services in accordance with these Terms. These Terms apply to all Users of the App and the Services, including visitors and Registered Users who are also contributors of Content. Your use of the App may also be governed by a separate software license agreement made available to you when you first download the App, and which is hereby incorporated into these Terms by reference. Subject to these Terms, we also grant you a limited, terminable, non-exclusive, non-transferable, non-sublicensable, personal license to download, install and operate any tools, software, scripts, music, video, audio and data feeds and any other copyrightable content that we may from time to time identify within the App as available for download and/or use and subject to the terms of the license, disclaimers or other terms of use accompanying or otherwise governing such tools, if any (collectively, the “Tools”).

B. Privacy

In the course of accessing and/or using the App, the Services, and/or the Tools, we may obtain information about you or you may be required to provide certain personal information to us. All uses of your personal information will be treated in accordance with the Privacy Policy, which forms an integral part of these Terms, and which may be amended from time to time.

If you are located outside the United States of America and/or are a national of another country and choose to provide information, upload Content to, or register an Account with VT, you acknowledge and agree that the information is processed and transferred in the United States of America. Your submission of information represents your agreement to this. You acknowledge and accept that the laws regarding processing of personal information may be less stringent in the United States of America than the laws in your country. By using the App, you acknowledge and accept that your information may be used in and be subject to the privacy laws of the United States of America.

C. Users.

1. Visitors. The App’s functionality may be such that visitors may be able to browse the App, the Services, the Tools, and/or Content. In such a case, any such visitor may browse any of the foregoing in accordance with these Terms, but will not have full access to the App, the Services (which may include, but are not limited to, contributing and viewing Content, downloading Tools, posting comments or signing up for certain programs), the Tools, or Content without first becoming a “Registered User.”

2. Registered Users. In order to use the Services, Tools and Content available to a Registered User, you are required to set up an “Account” within the App. When you set up an Account, you are required to enter either a unique user ID or valid e-mail address (“User ID”) and password to access the Services (your User ID, password and other Account information are collectively, “Your Account”). You may not transfer or share your Account to or with other persons or entities, and you are solely responsible for maintaining the confidentiality of your Account. You are also solely responsible for any and all use of your Account and all activities that occur under or in connection with it.

You agree (i) to be responsible for any act or omission relating to the access or use of the App or Services under your Account that, if undertaken by you, would be deemed to violate these Terms, and (ii) that any such act or omission is deemed a violation of these Terms by you. Please notify us immediately if you become aware that your Account is being used without authorization. You agree not to register for an Account on behalf of an individual other than yourself. If your access to the App or use of the Services has previously been terminated, then you may not register for a new Account or designate other individuals to use an Account on their or your behalf. You agree to set up an Account using your real name and you agree that any information you submit about yourself is truthful and accurate. You warrant and represent that all information you provide to us as part of your Account registration is true, accurate, current and complete, and you agree to maintain and promptly update such information to keep it true, accurate, current, and complete. If we believe or suspect that such information is untrue, inaccurate, not current or incomplete, we may deny or terminate your access to or use of the App, the Services (or any portion thereof), or the Tools.

3. Membership. Visitors who are Non-Members will log into their Account using a valid personal e-mail address and password provided to them in an invitation from a Member. Non-Members will have limited access to and use of certain Non-Member sections and functionalities of the App and Services. Non-Members may become Members if they meet the definition of “Member” above. Members’ use of the App and the Services is governed by these Terms and by the Membership Terms and Conditions agreed to by a Member at the time of becoming a Member, which are incorporated herein by this reference. Members will log into their Account using their Member ID number as the User ID. Members will have full access to the Member sections and functionalities of the App.

4. Age Restriction. You affirm that you are over 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. If you are under 18 years of age, then please do not access or use the App.

5. Enhanced Amway Promise Program. Pursuant to the Enhanced Amway Promise Program (“EAP”), and as more specifically set forth in the Quality Assurance Standards Program Standards, IBO represents and understands that there is no cost to become an IBO. In addition, IBO represents and understands that for IBOs in their first Amway contract year, as defined in the Amway Registration and Renewal Agreements, Approved Providers, such as LTD, are not permitted to charge first contract year IBOs for any BSM. First contract-year IBOs are not permitted to purchase BSM from an Approved Provider or an IBO. To the extent LTD provides BSM to a first contract year IBO, those BSM will be complimentary. IBOs in their first contract year cannot be charged, directly or indirectly, for any BSM

D. Restrictions on Use

When using the App, Services, or Tools, you expressly agree that you ​shall not​:

1. circumvent or manipulate any applicable fee structure, billing process, or fees owed either to us or to our third party providers;
2. modify, copy, or distribute, or create any derivative work based on, the App, Services or Tools, or any Content posted by others;
3. post or use any Content in any manner that (i) infringes the copyright, trademark, trade secret, or other intellectual property or proprietary right of others, (ii) violates the privacy, publicity, or other rights of others, (iii) is discriminatory, defamatory, obscene, offensive, threatening, abusive, or hateful, as determined by us in our sole discretion, (iv) is false or inaccurate, (v) violates any law, or (vi) violates any of our or our business partners’ policies;
4. decompile, disassemble, reverse engineer or otherwise attempt to obtain or perceive the source code from which any component of the App, Services, or Tools is compiled or interpreted (and nothing in these Terms or elsewhere should be interpreted as granting you any right to obtain or use source code);
5. copy, replicate, transcribe or reproduce the ‘look and feel’ of the App, Services, or Tools, including their respective features or functionalities;
6. harvest, mine, or otherwise collect and store information about other users of the App, Services, or Tools, including contact information, without their consent;
7. use the App, Services, or Tools for illegal purposes or for promotion of dangerous activities;
8. allow usage of the App, Services, or Tools by others in such a way as to violate these Terms;
9. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content posted, transmitted, or received;
10. upload, post, e-mail, transmit, or otherwise make available any Content that you do not have a right to make available under any law or contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships, or under nondisclosure agreements or matters otherwise bound by any rules of confidentiality);
11. send messages, whether e-mail, text or otherwise, to a mobile device if the owner of that mobile device has not previously agreed to receive those messages, e-mails, or texts, or if the owner has previously opted out of receiving any such communications, which you understand may be a violation of applicable law;
12. violate any applicable local, state, national or international laws or regulations (including, without limitation, intellectual property laws, the CAN SPAM Act or the Telephone Consumer Protection Act, the regulations promulgated by the U.S. Securities and Exchange Commission, or any rules of any national or other securities exchange (including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ));
13. stalk, harass, or harm others;
14. impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity, including, but not limited to, us or our business partners or any staff members, employees, leaders, forum leaders, or hosts;
15. provide material support or resources (or conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to Section 219 of the Immigration and Nationality Act;
16. interfere with or disrupt the App, Services, or Tools, or servers or networks connected to any of the foregoing, or disobey any requirements, procedures, policies or regulations of networks connected to the App, Services, or Tools;
17. generate unsolicited e-mail advertisements, chain letters, junk mail, or SPAM, or allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail or otherwise;
18. attempt to gain unauthorized access to the App, Services, or Tools, other accounts, computer systems, or networks connected to the App, Services, or Tools through hacking, password mining, or any other means, or obtain or attempt to obtain any materials or information through any means not intentionally made available through the App, Services, or Tools;
19. upload, post, e-mail, transmit, distribute or otherwise make available any material that contains viruses, computer code, or any other technologies that may harm us or the interests, Content, or property of visitors or Users or limit the functionality of any software, hardware or other equipment;
20. circumvent, disable or otherwise interfere with security-related features of the App, Services, or Tools, or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the App, Services, or Tools or the Content therein;
21. use any high-volume, automated, or electronic means to access the App, Services, or Tools (including, without limitation, robots, offline readers, spiders or scripts); or
22. frame the App, Services or Tools, place pop-up windows over the pages of any of the foregoing, or otherwise affect the display of pages of any of the foregoing.

E. Content

1. As a Registered User you may submit Content pursuant to any applicable rules of conduct, whether ours or our business partners’. All Content must meet the standards set by us or any applicable business partner. You understand that we do not guarantee any confidentiality with respect to any Content you submit. Your Content may be able to be viewed by other users of the App, Services, and/or Tools, and through third-party services and websites. You should only provide Content that you are comfortable sharing with others. All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content through the App, Services, or Tools. You represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to upload and publish all Content you submit.

2. We acknowledge and agree that you retain all of your ownership rights in your own original Content. However, by submitting Content through the App, Services, or Tools, you hereby grant us and our business partners a worldwide, perpetual, non-exclusive, royalty-free, sublicensable through multiple tiers, and transferable license to use, copy, reproduce, process, adapt, modify, publish, transmit, distribute, prepare derivative works of, display, and perform the Content under all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content in connection with providing the App, Services, and Tools and in connection with our and our business partners’ respective businesses, including, without limitation, for promoting and redistributing part or all of the App, Services, and Tools and any derivative works thereof in any media formats and through any media channels, now known or later developed. We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media. You also hereby grant each other user of the App, Services, or Tools a non-exclusive license to access your Content, and to use, reproduce, distribute, display, and perform such Content as permitted through the functionality of the App, Services, and Tools, and under these Terms. The above licenses granted by you will survive even if you remove or delete your Content from the App, Services, or Tools.

3. Neither us nor any of our business partners endorse any Content submitted to the App or the Services by any user or any opinion, recommendation, or advice expressed therein, and we and our business partners expressly disclaim any and all liability in connection with Content. We do not permit activities constituting, in our reasonable judgment, infringement of intellectual property rights within the App, Services, or Tools, and we will remove Content without providing notice if we are notified that such Content infringes another’s intellectual property rights.

4. CONTENT IS PROVIDED BY US TO YOU AS-IS. You may access Content for your information and personal use solely as intended through the provided functionality of the App, Services, or Tools, as the case may be, and as permitted under these Terms. You shall not download any Content unless you see a “download,” “stream,” or similar button or link displayed within the App, Services, or Tools for that Content. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purpose other than those expressly permitted in these Terms without our prior written consent or the consent of the respective licensors of the Content. VT, our business partners, and respective licensors reserve all rights not expressly granted in and to the App, Services, Tools, and Content.

5. You understand, acknowledge and agree that when using the App, Services, and Tools, you will be exposed to Content from a variety of sources, and that neither us nor our business partners are responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content.

6. If the App, Services or Tools include messaging functionality, please note that any unread messages more than ninety (90) days old, any read messages more than one hundred eighty (180) days old, and any messages that are in a “trash” folder for at least thirty (30) days, ​will be permanently deleted. Users are encouraged to separately save messages that are important to them and to which they wish to have later access. Neither us nor our business partners are responsible for deleted or lost messages or Content.

7. Nothing in these Terms shall be deemed to confer any rights or benefits to third parties.

F. Ownership of the App, Services and Tools

As between you and us, we and/or our business partners, licensors, vendors, and suppliers, as applicable, retain all right, title, and interest in and to the App, the Services, the Tools, the Content, and all related tools and intellectual property rights. The App as a whole is copyrighted as a collective work, and individual works or content appearing on or accessible through the App owned by or licensed to VT or its business partners, licensors, vendors or suppliers are likewise subject to copyright protection, both domestically and internationally. Likewise, all software, code, proprietary methods and systems used to provide the App, Services or Tools (collectively, “​Our Technology​”) may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our or our applicable licensors’ prior written permission. You must abide by all copyright notices, information, or restrictions contained in or attached to any of Our Technology. Nothing in these Terms grants you any right to receive delivery of a copy of Our Technology or to obtain access to Our Technology except as generally and ordinarily permitted through the App and according to these Terms. Certain names, logos, distinctive features, source identifiers and other materials displayed within the App, Services or Tools, including the “​look and feel​” of any of the foregoing, constitute our or our business partners’ or licensors’ trademarks, tradenames, service marks, trade dress, or logos. All Marks not owned by VT that appear on the App are the property of their respective owners. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities.

G. Feedback; Diagnosis of Problems

Your Feedback is welcomed and encouraged. You agree, however, that (i) by submitting Feedback to us, you automatically forfeit your right to any intellectual property rights in those ideas, and (ii) any Feedback submitted by you to us automatically become our property. If we solicit your Feedback or opinion regarding any areas of our or our business partners’ respective businesses, the App, Services, or Tools, and if you want to send us your Feedback (and we hope you do) we simply request that you send it to us by e-mailing support@v100ktechnologies.com. You agree that any Feedback you provide to us is deemed to be non-confidential. We and our business partners are free to use Feedback on an unrestricted basis. You agree not to take any action that may undermine any Feedback or ratings systems that we establish as part of the App, Services, or Tools, including, without limitation, displaying, importing, exporting or using any Feedback, regardless of purpose. You hereby expressly permit us or our authorized contractors and business partners to access your Account and Content in order to investigate and diagnose actual or potential defects or other technical problems with the App, Services, or Tools.

H. Use of Third-Party Offerings

You may be able to access websites, content or services provided by third parties through links that are made available on or within the App, Services, or Tools. Additionally, from time to time, VT may refer you to one or more of our business partners who make available products or services through their respective websites or by other means (e.g., by mail or otherwise). We refer to all such other websites, content, services and products as “Third-Party Offerings.” For example, we may permit third parties with related services to link their products and services on or within the App, Services, or Tools and those links may redirect you to the website(s) of the third parties. Unless we otherwise inform you through the App, Services, Tools, or otherwise, your use of any such Third-Party Offerings is not required in order to access and/or use the App, Services, or Tools. If you elect to use such Third-Party Offerings, and/or if you elect to ‘click’ on a link or button, you understand that (a) you will be leaving the App, and (b) your use of any such Third-Party Offering will be subject to any terms and conditions required by the applicable thirdparty provider(s). You understand that neither we nor our business partners are the provider of, or are responsible for, any such Third-Party Offerings and that these Terms do not themselves grant you any rights to access, use, download content from, or purchase any Third-Party Offerings. The fact that we link to a third-party website or service is not an endorsement or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies, terms of use, business practices, or compliance with laws. We do not exercise control over third-party websites or services. We encourage you to read the privacy policies and terms of use of the other websites and services you use and the terms of the offers in which you participate. You agree that neither we nor our business partners are responsible, or will be liable to you or any third party, for your interaction with such third parties.

III. TERMINATION

These Terms will become effective and binding when you use the App, Services, or Tools; when you voluntarily provide any information about yourself to us; or when you indicate your agreement by following any instructions we place on the App (such as buttons labeled “I Agree”). You do not need to inform us if you wish to stop using the App, Services, or Tools. We reserve the right to terminate these Terms and your access to the App, Services, and Tools at any time without notice. Your rights under these Terms will automatically and immediately terminate if you fail to comply with your promises and obligations stated in these Terms. You understand and agree that upon termination of these Terms or your use of the App, Services, or Tools, we retain the license rights granted to us with respect to any Content uploaded or provided through the App, Services, or Tools. Notwithstanding the foregoing, it is our policy to retain all information provided to us and stored in your Account for up to ten (10) years after the termination of your Account. After ten (10) years, we may delete your information from our servers except as required by law. You understand that if you want to use the App, Services, or Tools after termination of your Account, you may need to re-register and provide us with your information again.

Without limiting other remedies, we reserve the right to limit or partially terminate or suspend the Services and Accounts, prohibit access to the App, Content, Services, and Tools, delay or remove any Content, take technical and legal steps to keep any visitors or users from using the App, Content, Services, or Tools if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our or our business partners’ applicable policies. For example, we will terminate a user’s access to the App, Content, Services and Tools if, in our reasonable judgment, the user is determined to be a repeat infringer.

We reserve the right to decide and use our best judgment as to whether Content violates these Terms for reasons other than copyright infringement, such as, but not limited to, obscenity or excessive length. We may, at any time, without prior notice, and in our sole discretion, remove such Content and/or terminate your Account for submitting such Content in violation of these Terms. ​You hereby understand and agree that in addition to the above-listed causes, we reserve the right, at all times, to remove Content and/or terminate Accounts if we consider, in our sole discretion, such Content or Account to be immoral, unprofessional, dishonest, indecent, obscene, unethical, unprincipled, spurious, strange, outlandish, or in violation of the standards of excellence and professionalism that we and our business partners strive for in connection with the App.

The provisions of the introductory paragraphs and of Sections I, II.D, II.E, II.F, II.G, III, IV and V shall survive the termination of these Terms and of your access to and use of the App, Services, Content, and Tools.

IV. DISCLAIMERS, LIMITATIONS OF LIABILITY, AND INDEMNIFICATION

A. Warranty Disclaimer

THE APP, THE CONTENT, THE SERVICES, THE TOOLS, AND ALL INFORMATION, CONTENT, MATERIALS, AND SERVICES RELATED TO THE FOREGOING, ARE PROVIDED AS IS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, VT AND ITS BUSINESS PARTNERS DISCLAIM ALL WARRANTIES, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, SYSTEM INTEGRATION OR ACCURACY OF DATA. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. VT AND ITS BUSINESS PARTNERS DO NOT WARRANT THAT YOUR USE OF THE APP AND/OR THE CONTENT, SERVICES OR TOOLS WILL BE UNINTERRUPTED, ERROR-FREE OR VIRUS-FREE. YOUR SUBMISSION OF ANY PERSONAL INFORMATION AND YOUR DOWNLOAD OR UPLOAD OF ANY CONTENT THROUGH THE APP, SERVICES, OR TOOLS IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OR UPLOAD OF ANY SUCH CONTENT OR FROM RELIANCE UPON SUCH CONTENT, AND YOU ARE ADVISED TO MAINTAIN OFFLINE BACKUP COPIES OF ALL CONTENT. NEITHER VT NOR ITS BUSINESS PARTNERS ARE THE PROVIDERS OF, NOR MAKE ANY WARRANTIES WITH RESPECT TO, ANY THIRD-PARTY OFFERINGS. NEITHER VT NOR ITS BUSINESS PARTNERS GUARANTEE THE SECURITY OF ANY INFORMATION TRANSMITTED TO OR FROM THE APP, SERVICES, OR TOOLS, AND YOU EXPRESSLY AGREE TO ASSUME THE SECURITY AND OTHER RISKS RELATING TO ANY INFORMATION YOU PROVIDE USING THE APP, SERVICES, OR TOOLS.

NO REPRESENTATION OR WARRANTY IS MADE THAT THE APP, SERVICES, TOOLS, OR CONTENT PROVIDE COMPREHENSIVE OR ACCURATE INFORMATION. WE RESERVE THE RIGHT TO FILTER, MODIFY OR REMOVE CONTENT, MEDIA, INFORMATION OR ANY OTHER MATERIAL FROM THE APP, SERVICES, OR TOOLS, AND FROM THE OUTPUT OF THE APP, SERVICES OR, TOOLS.

Though we strive to enforce our and our business partners’ Content-related rules with all of our users, including Registered Users, you may be exposed to Content through the App, the Services or the Tools that violates our or our business partners’ policies or may otherwise be offensive to you. You use the App, Services, Tools, and Content at your own risk. We may, but are not obligated to, terminate user accounts and/or remove Content from the App if we determine or suspect that those accounts or Content violate these Terms. We take no responsibility for your exposure to Content on or within the App, Services, or Tools, whether it violates our or our business partners’ respective content policies or not. You understand that the information and opinions in Content uploaded by third parties represents solely the thoughts of the applicable author and are neither endorsed by us or our business partners nor necessarily reflect our or our business partners’ beliefs.

B. Limitation Of Liability

USE OF THE APP, SERVICES, TOOLS, AND ANY CONTENT IS AT YOUR OWN RISK. IN NO EVENT WILL VT OR ITS BUSINESS PARTNERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES IN CONNECTION WITH YOUR USE OF THE APP, SERVICES, TOOLS, OR ANY CONTENT, OR IN CONNECTION WITH THESE TERMS, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF WE OR OUR BUSINESS PARTNERS WERE ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE. IN NO EVENT WILL OUR OR OUR BUSINESS PARTNERS’ AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE APP, SERVICES, TOOLS, OR ANY CONTENT, OR IN CONNECTION WITH THESE TERMS, EXCEED ONE HUNDRED DOLLARS ($100.00). YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THIS LIMITATION OF LIABILITY IS AN ESSENTIAL TERM BETWEEN YOU AND VT AND ITS BUSINESS PARTNERS RELATING TO THE PROVISION OF THE APP, SERVICES, TOOLS, AND ANY CONTENT TO YOU, AND VT WOULD NOT PROVIDE THE APP, SERVICES, TOOLS, OR ANY CONTENT TO YOU WITHOUT THIS LIMITATION. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT NEITHER VT NOR ITS BUSINESS PARTNERS WILL BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE APP, SERVICES, TOOLS, OR ANY CONTENT, OR DELETION OF YOUR ACCOUNT OR CONTENT.

C. Indemnification

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless VT, its business partners, and their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including, but not limited to, attorneys’ fees) arising from or related to: (i) your use of or access to the App, Services, Tools, and/or any Content; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including, without limitation, any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the App, Services, Tools, and/or any Content.

V. MISCELLANEOUS

A. Copyright Violations or Other Abusive Actions

If you believe your copyright has been violated by any Content or Third-Party Offerings accessible on or through the App, Services, or Tools, or if you perceive any problems, offensive Content, policy violations, and/or abuse in connection with your use of the App, Services, Tools, or any Content, please contact us by e-mail at ​copyrightandabuse@v100ktechnologies.com​​.

B. Assignment

These Terms and any rights and licenses granted hereunder shall not be transferred or assigned by you, but may be assigned by VT without restriction.

C. Modifications to Terms

You understand, acknowledge, and agree that we may change these Terms from time to time. Any such changes will become effective when posted within or through the App, Services, or Tools, or on one of our websites referred to within the App, Services, or Tools. If you object to any such changes, your sole recourse will be to cease using the App, Services, and Tools. Continued use of the App, Services, and/or Tools following the posting of any such changes will indicate your acknowledgement of such changes and your agreement to be bound by the changed Terms, inclusive of such changes. In addition, certain features of the App, Services, and/or the Tools may be subject to additional terms of use. By using such features, or any part thereof, you agree to be bound by the additional terms of use applicable to such features. In the event that any of those additional terms of use conflicts with these Terms, the conflicting additional terms of use will govern.

D. Modifications to App, Services or Tools.

We reserve the right to modify the App, Services, and/or Tools at any time and without notice. If you object to any changes to the App, Services, or Tools, your sole recourse will be to cease using them. Continued use of the App, Services, or Tools following the posting of any such changes will indicate your acknowledgement of such changes and satisfaction with the App, Services, or Tools, as the case may be, as so modified. We also reserve the right to discontinue the App, Services, and/or Tools at any time and without notice. We will not be liable to you or any third party should we exercise our right to modify or discontinue the App, Services, and/or Tools.

E. Disputes, Governing Law and Jurisdiction

These Terms will be subject to, governed by, and construed in accordance with the laws of the State of North Carolina, United States of America, excluding such state’s rules regarding conflicts of law. You agree that any claim, dispute or controversy arising or of or related to these Terms or your use of or access to the App, Services, Tools, or any Content, or the breach, termination, enforcement, interpretation or validity of these Terms, including, but not limited to, any claims or disputes against VT, regardless if they arise before or after the termination of these Terms, shall be resolved by a state or federal court located in Wake County in the State of North Carolina, except as described below. You agree to submit to the personal jurisdiction of the courts located in Wake County, North Carolina for the purpose of litigating all such claims or disputes. For any claim (i) raised by a resident of a country other than the United States of America, or (ii) where the total amount of the award sought is less than ten thousand dollars ($10,000.00), you agree that VT may elect to resolve the dispute through binding non-appearance-based arbitration. In the event VT elects arbitration, you hereby agree to move any claims to the exclusive jurisdiction of an arbitration procedure, which shall be initiated through an established alternative dispute resolution ("ADR") provider chosen by VT. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online, or through written submissions, as chosen by the party initiating the arbitration, (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties, and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing, arbitration expressly excludes claims for injunctive or other equitable relief.

F. Entire Agreement

These Terms, together with all policies and other separate terms referred to and incorporated herein by reference, and any other legal notices published by us on or through the App, Services, or Tools, constitutes the entire agreement between you and VT concerning the subject matter addressed herein. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and VT’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you agree that the court may give effect to the intentions reflected in the invalid provision, and that the other provisions of these Terms shall remain in full force and effect. ​You expressly acknowledge and agree that any claim or cause of action you may have related to the App, Services, Tools, Content, and/or these Terms must be filed within one (1) year after such claim or cause of action arose or it will be forever barred.