Terms of Service
By using the vowvictory.com, vowvictory.net, vowvictory.org web sites, their subdomains, or any web site aliasing them (“Service”), all services of Vow Victory (“Vow” or “we”), you are agreeing to be bound by the following terms and conditions (“Terms of Service” or “Agreement”).
Vow reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.
You can review the most current version of the Terms of Service at any time at: http://vowvictory.com/terms-of-service
You must be 18 years or older to use this Service.
You must be a human. With the exception of published API interfaces, accounts may not be registered, updated, scanned, or otherwise accessed by “bots” or other automated methods.
You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as you’d like (additional fees may apply).
You are responsible for maintaining the security of your account and password. Vow cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
You must not misrepresent yourself or take on the identity of someone else while using this service.
One person or legal entity may not maintain more than one Trial per year.
You may not use the Service for any illegal or unauthorized purpose.rvice in a way that distracts you and prevents you from obeying traffic or safety laws.
Violation of any of these agreements will result in the termination of your Account. While Vow prohibits such conduct and Content on the Service, you understand and agree that Vow cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
Code of Conduct
While using the Service, you agree to comply with all applicable laws, rules and regulations.
You also agree to comply with certain additional rules (the “Code of Conduct”) that govern your use of the Service and participation at events or in online forums administered or organized by Vow (“Events”, for example, instructional workshops, live webinars, and posts in the Vow User Group on Facebook). The Code of Conduct is not meant to be exhaustive, and Vow reserves the right to modify this Code of Conduct at any time, as well as take appropriate disciplinary measures including account termination and deletion to protect the integrity and spirit of the Service and Events, regardless of whether a specific behavior is listed here as prohibited.
The following are examples of behavior that warrant disciplinary measures:
- Harassing, stalking, or threatening any other users;
- Transmitting or communicating any content which, in the sole and exclusive discretion of Vow, is deemed offensive, including, but not limited to, language that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, or racially, ethnically, or otherwise objectionable;
- Impersonating any person, business, or entity, including an employee of Vow, or communicating in any way that makes it appear that the communication originates from Vow;
- Posting private or identifying information about any other user or account, to the Service or elsewhere;
- Transmitting or facilitating the transmission of any content that contains a virus, corrupted data, worm, or other computer programming routines that are intended to and/or actually damage, detrimentally interfere with, surreptitiously intercept or mine, scrape or expropriate any system, data or personal information;
- Spamming, whether for personal or commercial purposes, by disrupting the flow of conversation with repeated postings of a similar nature;
- Participating in any action which, in the sole and exclusive judgment of Vow, “exploits” an undocumented aspect of the Service;
- Participating in any action which, in the sole and exclusive judgment of Vow, defrauds any other user of the Service, including, but not limited to, by “scamming” or “social engineering;”
- Using unauthorized programs or automated processes to interact with the Service;
- Accessing or attempting to access areas of the Service that have not been made available to the public
Cancellation and Termination
We may suspend or stop providing our Service to you if you do not comply with this Agreement or our policies or if we are investigating suspected misconduct. Vow, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Vow service, for any reason at any time.
You are solely responsible for properly cancelling your account. An email, chat request, helpdesk ticket, or phone request to cancel your account is not considered cancellation. Sign into your account and follow this link to submit your cancellation.
Upon submission of cancellation, your account will be suspended immediately without regard to the original term of your license and you will not be charged again.
A Trial is a time-limited account with no billing information on file. Trials may have certain functional limitations, such as restricted email sending capabilities. A new account is in Trial for 30 days after registering for the service. A Trial will be limited to account activation and certain settings pages upon its expiration. A Trial will be considered abandoned two weeks after the Trial expiration and the account will be terminated.
Termination or cancellation of the Service will result in the deactivation or deletion of your account or your access to your account, and the forfeiture and relinquishment of all Content in your account. Vow reserves the right to refuse service to anyone for any reason at any time.
Modifications to the Service and Prices
Vow reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any part of the Service with or without notice.
Vow shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Copyright and Content Ownership
All content posted on the Service must comply with U.S. copyright law.
Any Content provided by you to Vow or made public on the services is property of Vow and may be published as Vow deems fit. By submitting Content you grant Vow Victory the irrevocable, perpetual, transferable, and unrestricted right to reproduce, display, use, and publish your Content for promotional purposes in any medium; and to alter the Content without restriction. Vow is under no obligation to publish your Content. You also understand and agree that Vow is not required to provide any specific export or archive of your data stored in the Service and that the various user-initiated export tools available in the Service (such as contact list or general ledger exports) are provided “as is” and “as available”.
Vow does not pre-screen Content, but Vow and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
The look and feel of the Service is copyrighted by Vow Victory. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from Vow.
A Testimonial is an optional non-compensated review or recommendation that I may provide to Vow and includes the testimonial text, photo, business name, author, and website URL. By submitting a Testimonial you grant Vow Victory the irrevocable, perpetual, transferable, and unrestricted right to reproduce, display, use, and publish your Testimonial for promotional purposes in any medium; and to alter the Testimonial photo without restriction. Vow is under no obligation to publish your Testimonial.
Technical support is only provided to paying account holders and is only available online or through email.
You understand that Vow uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Vow, or any other Vow service.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, computer code that powers the Service, or access to the Service without the express written permission by Vow.
We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Vow customer, employee, member, or officer will result in immediate account termination.
You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
YOU UNDERSTAND AND ACKNOWLEDGE THAT THE TRANSMISSION, TECHNICAL PROCESSING AND STORAGE OF YOU INFORMATION AND DATA, INCLUDING BUT NOT LIMITED TO YOUR CONTENT AND/OR YOUR PERSONAL INFORMATION, (YOUR “DATA”) OCCURS ON SERVICES LOCATED IN THE UNITED STATES OF AMERICA, AND THAT, WITH RESPECT TO ANY USER OUTSIDE OF THE UNITED STATES OF AMERICA, USE OF THE SERVICE WILL INVOLVE AND RESULT IN THE TRANSMISSION OF YOUR DATA TO THE UNITED STATES OF AMERICA. BY ACCEPTING THIS AGREEMENT AND/OR BY USING THE SERVICE, YOU HEREBY GIVE YOUR EXPLICIT PERMISSION TO TRANSMIT, PROCESS, AND/OR STORE YOUR DATA TO AND/OR WITHIN THE UNITED STATES OF AMERICA AND HEREBY KNOWINGLY AND INTENTIONALLY WAIVE ANY LEGAL EXPECTATIONS OF PRIVACY IN THE DATA THAT MAY BE GRANTED BY OR RECOGNIZED WITHIN YOUR COUNTRY OF ORIGIN, INCLUDING BUT NOT LIMITED TO THE EUROPEAN PRIVACY DIRECTIVE (DIRECTIVE 95/46/EC) AND ANY NATIONAL LAWS PROMULGATED THEREUNDER OR IN ASSOCIATION THEREWITH, AND HEREBY GRANT MY EXPLICIT CONSENT TO THE TRANSMISSION, PROCESSING, AND STORAGE OF MY DATA BY TAVE IN ASSOCIATION WITH MY USE OF THE SERVICES.
You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
You must not transmit any worms or viruses or any code of a destructive nature.
You may not use the provided storage for offsite backups, delivery or transfer of high-resolution images or proofs, or otherwise use excessive storage (as determined solely by Vow). If you are found to be abusing the provided storage, your account may be disabled until your storage usage is corrected.
If your bandwidth usage exceeds 1 GB/month, or significantly exceeds the average bandwidth usage (as determined solely by Vow) of other Vow customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.
The failure of Vow to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Vow and govern your use of the Service, superseding any prior agreements between you and Vow (including, but not limited to, any prior versions of the Terms of Service).
Our Warranties and Disclaimers
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”.
Vow does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected. To the extent permitted by law, we exclude all warranties.
Other than as expressly set out in these Agreement, neither Vow nor its suppliers or distributors make any specific promises about the Service. For example, we don’t make any commitments about the content within the Service, the specific functions of the Service, or their reliability, availability, or ability to meet your needs.
Liability for our Service
Your use of the Service is at your sole risk.
You expressly understand and agree that Vow shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Vow has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.
If you are using our Service on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Vow and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Service or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
INFORMAL RESOLUTION: We want to address your concerns without needing a formal legal case. Before filing a claim against Vow you agree to make a good faith effort to resolve the dispute informally by sending a dispute notice to: Vow Victory, 8260 Industrial Place, Alpharetta, GA 30004. Include a thorough description of your dispute in your notice, including a summary of the situation that caused the issue and your desired remedies. We’ll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 30 days of submission, you or Vow may bring a formal proceeding.
JUDICIAL PROCEEDINGS: You and Vow agree that any judicial proceeding to resolve claims relating to this Agreement or the Service will be brought in the federal or state courts of Fulton County, Georgia, United States of America. Both you and Vow consent to venue and personal jurisdiction in such courts and both Vow and you irrevocably waive any right to a trial by jury.
NO CLASS ACTIONS: You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations or actions aren’t allowed.
You understand and acknowledge that the information presented as part of the service is not intended for the purpose of assisting in or carrying out the diagnosis of cancer or to take the place of professional medical care for the treatment of cancer. If you are concerned that you, or someone you know, may have one or more persistent health problems or if you have further questions regarding your health, please consult a professional health care provider.
You also understand that intensive treatment, supervised by a professional health care provider, is required for the treatment of cancer. The service is not provided for, nor intended to be, a complete or comprehensive treatment plan for cancer patients and is not intended to take the place of professional medical treatment. The information provided by Vow shall not be considered medical advice and is strictly for educational purposes only.
GOVERNING LAW: This Agreement shall be governed by the laws of the State of Georgia, United States of America, without regard to principles of conflicts of law.
INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES: Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by Vow in exercising any right hereunder will waive any further exercise of that right. Vow’s rights and remedies hereunder are cumulative and not exclusive.
SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES: This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without Vow’s prior written consent. No third party shall have any rights hereunder.