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TERMS OF USE
THE VIKING CORPORATION (“VIKING”) WELCOMES YOU TO VIRTUAL VIKING (“THE SOFTWARE”). WE ASK THAT YOU READ THE FOLLOWING TERMS OF USE, WHICH CONSTITUTE A LICENSE THAT COVERS YOUR USE OF THE SOFTWARE AND ANY TRANSACTIONS THAT YOU ENGAGE IN THROUGH THE STEAM PLATFORM (“AGREEMENT”). BY ACCESSING, VIEWING, OR USING THIS SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE WITH THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE DO NOT USE THE SOFTWARE.
USE OF THE SOFTWARE
This Software is provided solely as a download to current users of the Steam platform, which offers streaming services for online and virtual reality gaming. This Software provides training tools and resources to utilize various Viking products.
This Software may contain features that permit the transmission of user-generated content from the user to Viking and/or Steam, which may include, without limitation, typed messages and digital photographs. The content of such transmissions must conform will all applicable rules and restrictions as outlined in any applicable Steam Subscriber Agreement. You are prohibited from transmitting or otherwise communicating:
i. any defamatory, threatening, obscene, harassing, or otherwise unlawful information;
ii. any advertisement, solicitation, spam, chain letter, or other similar type of information;
iii. any encouragement of illegal activity;
iv. unauthorized use or disclosure of private, personally identifiable information of others;
v. any materials subject to trademark, copyright, or other laws protecting any materials or data of others in the absence of a valid license or other right to do so; or
vi. any other content which is unlawful.
SOFTWARE CONTENTS AND OWNERSHIP
The information contained in the Software, including all images, designs, photographs, writings, graphs, data, design software, calculations, kernels, and other materials (“Materials”) are the property of Viking and are protected by copyrights, trademarks, trade secrets, or other proprietary rights. Permission is granted to use this Software solely for the authorized use described above. Except as provided in this Agreement, Viking does not grant you any express or implied right in or under any patents, trademarks, copyrights, or trade secret information.
You own any materials, such as files, electronic documents, or images, that you upload and import
to the Software. You retain all rights and ownership of your content.
GENERAL RESTRICTIONS
You may not, and may not cause or allow any third party to:
i. decompile, disassemble or reverse-engineer the Software, or create or recreate the source code for the Software;
ii. remove, erase, obscure or tamper with any copyright or any other product identification or proprietary rights notices, seal or instructional label printed or stamped on, affixed to, or encoded or recorded in or on any Software; or fail to preserve all copyright and other proprietary notices in all copies you make of the Software;
iii. lease, lend or use the Software for timesharing or service bureau purposes; sell, market, license, sublicense, distribute or otherwise grant to any person or entity any right to use the Software except to the extent expressly permitted in this Agreement; or use the Software to provide, alone or in combination with any other product or service, any product or
service to any person or entity, whether on a fee basis or otherwise;
iv. modify, adapt, tamper with, translate or create derivative works of the Software; combine or merge any part of the Software with or into any other software; or refer to or otherwise use the Software as part of any effort to develop software (including any routine, script, code, or program) having any functional attributes, visual expressions or other features similar to those of the add-in to compete with Viking;
v. except with Viking’s prior written permission, publish any performance or benchmark tests or analysis relating to the Software; or
vi. attempt to do any of the activities in Subsections (i) to (v).
DISCLAIMER OF WARRANTY
You expressly agree that use of this Software is at your sole risk. Neither Viking, its affiliates, nor any of its officers, directors, employees, agents, third-party content providers, or licensors (collectively, “Providers”), or the like, warrant that this Software will be uninterrupted or errorfree; nor do they make any warranty as to the results that may be obtained from the use of this Software, or as to the accuracy, completeness, reliability, security, or currency of the Materials.
While Viking strives to provide the most precise information possible, the Materials may contain errors, omissions, inaccuracies, or outdated information. Further, Viking does not warrant reliability of any statement or other information displayed or distributed through the Software. Viking reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Software. Viking may make any other changes to this Software, the Materials and the products,
programs, services, or prices (if any) described in this Software at any time without notice.
THIS SOFTWARE AND THE INFORMATION, CONTENT, AND MATERIALS ON THIS SOFTWARE ARE PROVIDED ON AN “AS IS,” “WHERE IS,” AND “WHERE AVAILABLE” BASIS. VIKING MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SOFTWARE, THE CONTENT, ANY OUTCOME EXPECTED FROM THE USE OF THE SOFTWARE, OR THE MATERIALS ON THIS SOFTWARE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, VIKING EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SOFTWARE OR ANY GOODS OR OTHER PRODUCTS OR SERVICES DISPLAYED OR FEATURED ON THIS SOFTWARE OR YOUR USE OF THIS SOFTWARE GENERALLY, INCLUDING WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, OUTCOME, QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW APPLIES TO THIS AGREEMENT.
GENERAL DISCLAIMER
THE MATERIALS AND SOFTWARE VIEWED AND USED THROUGH THE STEAM PLATFORM ARE INTENDED FOR GENERAL REFERENCE ONLY. THE SOFTWARE IS INTENDED ONLY TO ASSIST YOU WITH TRAINING RELATED TO VARIOUS VIKING PRODUCTS, AND IS NOT A SUBSTITUTE FOR YOUR PROFESSIONAL JUDGMENT OR YOUR OWN ANALYSIS, SIMULATION, ESTIMATION, TESTING, AND OTHER ACTIVITIES, INCLUDING JUDGMENT AS TO WHETHER ANY OUTCOME SATISFIES ANY LEGAL OR REGULATORY REQUIREMENTS. PRODUCT DETAILS MAY VARY BASED ON THE SPECIFIC LISTING/APPROVAL AND PRODUCT APPLICATION. WITH ANY TRAINING PROGRAM, PLEASE REFER TO THE MANUFACTURER’S TECHNICAL
DOCUMENTATION AND ALWAYS CONSULT WITH THE APPROPRIATE AUTHORITY HAVING JURISDICTION (“AHJ”). VIKING MAKES NO REPRESENTATION OR WARRANTY AS TO WHETHER FOLLOWING THE SOFTWARE WILL SATISFY ANY LAW, REGULATION, ORDINANCE, RULE OR OTHER REQUIREMENT. FOR VIKING MANUFACTURED PRODUCTS, PLEASE VISIT WWW.VIKINGGROUPINC.COM FOR THE MOST CURRENT TECHNICAL DATA AND PRODUCT SPECIFICATIONS. VIKING RESERVES THE RIGHT TO CHANGE PRODUCT SPECIFICATIONS AT ANY TIME WITHOUT NOTICE AND WITHOUT INCURRING OBLIGATION.
LIMITATION OF LIABILITIES
YOU AGREE THAT VIKING AND ITS PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SOFTWARE, INCLUDING YOUR FAILURE TO FOLLOW OR CONFORM TO THE APPROPRIATE AHJ REGUALTIONS OR REQUIREMENTS REGARDING THE DESIGN AND INSTALLATION OF ANY PRODUCTS REFERENCED IN THE SOFTWARE, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT, INCLUDING, WITHOUT LIMITATION, A NEGLIGENT ACT, SHALL VIKING OR ANY OF ITS PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT,
INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE MATERIALS, CONTENT, OR INFORMATION ON THIS SOFTWARE OR ANY OTHER PRODUCTS, SERVICES, OR INFORMATION OFFERED, SOLD, OR DISPLAYED ON THIS SOFTWARE, YOUR USE OF, OR INABILITY TO USE, THIS SOFTWARE GENERALLY, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER VIKING OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Viking, its affiliates, agents, employees, and licensors from and against any and all claims and expenses, including reasonable attorney fees, arising out of or related in any way to your use of the Software, violation of this Agreement, violation of any law or regulation, violation of any agreement you make outside of this Agreement with third parties, or violation of any proprietary or privacy right.
PRIVACY
The operation of this Software involves or requires the collection and use of information about you. This Software may request the following information:
i. Individual Name;
ii. Individual Email;
iii. Phone number;
iv. Customer Company Name;
v. Where applicable, dimension, volume, or certain space measurements;
When you submit information (including any personally identifiable information), you understand that you are agreeing to allow Viking and its agents to access, store, distribute and use that information for the purposes of providing you with the Software and improving the functionality and organization of the Software.
Viking advises you to not provide any information through the Software that may be subject to the terms of any non-disclosure agreements, as they may apply. Viking is not responsible or liable for any information that you disclose to it that may be in breach or violation of any third-party agreement you may have.
For a full explanation of Viking’s privacy policies, including opt-out provisions, please reference https://www.vikinggroupinc.com/privacy.
LIMITATIONS ON CLAIM
Any cause of action you may have with respect to your use of this Software must be commenced within one year after the claim or cause of action arises.
TERM AND TERMINATION
Without limiting its other remedies, Viking may immediately discontinue, suspend, terminate, or block your and any user’s access to this Software at any time in our sole discretion.
HYPERLINK DISCLAIMERS
As a convenience to you, we may provide on this Software links to websites operated by other entities (collectively the “Linked Sites”). If you use any Linked Site you will leave this Software. If you decide to visit any Linked Sites, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Linked Sites, regardless of the linking form (e.g., hotlinks, hypertext links, IMG links), and unless operated by
Viking, are not maintained, controlled, or otherwise governed by Viking. The content, accuracy, opinions expressed, and other links provided by Linked Sites are not investigated, verified, monitored, or endorsed by Viking. Viking does not endorse, make any representations regarding, or warrant any information, goods, and/or services appearing and/or offered on any Linked Site. Links do not imply that Viking or this Software sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any Linked Site is authorized to use any trademark, trade name, logo or copyright symbol of Viking or any of its affiliates or subsidiaries. Except for links to information authored by Viking, Viking is neither responsible for nor will it be liable under any theory based on (i) any Linked Site; (ii) any information and/or content found on any Linked Site; or (iii) any
app(s) linked to or from any Linked Site. If you decide to visit any Linked Sites and/or transact any business on them, you do so at your own risk. Viking reserves the right to discontinue any link to Linked Site at any time without prior notice.
CONTROLLING LAW, JURISDICTION, AND INTERNATIONAL USERS
This Agreement is governed by and shall be construed in accordance with the laws of the State of Michigan, U.S.A., without reference to its conflict-of-law provisions. Viking makes no representation that the materials are appropriate or available for use outside the United States. If you access this Software from outside the United States, you will be responsible for compliance with all local laws. You agree to comply with all laws and regulations applicable to your use of this Software. You agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within Kent County, Michigan for any disputes with Viking arising out of your use of this Software.
ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between Viking and you with respect to the use of this Software, and it supersedes all prior or contemporaneous communications, whether electronic, oral, or written, between you and Viking with respect to this Software. Any and all existing agreements between you and Viking that are not related to the use of this Software shall remain in full force and effect. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If for any reason a court of competent jurisdiction finds any provision of this Agreement or portion of it to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of this
agreement, and the remainder of this Agreement shall continue in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
MODIFICATIONS TO AGREEMENT
Viking may revise this Agreement at any time and you agree to be bound by the revised Agreement. Any such modifications will become effective on the date they are first posted to this Software. It is your responsibility to return to this Agreement from time to time to review the most current terms and conditions. Viking does not and will not assume any obligation to notify you of changes to this Agreement.
SOFTWARE UPDATES
Viking may revise and update the Software at any time. You agree to be bound by these terms and conditions, or any modifications of this Agreement, and agree to use any subsequent updated software in compliance with the terms contained within this Agreement.
ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES
You agree to be bound by any affirmation, assent, or agreement you transmit through this Software, including but not limited to any consent you give to receive communications from Viking solely through electronic transmission. You agree that when you click or tap an “I agree,” “Allow,” or other similarly worded “button,” link, or entry field with your keystroke, digital touch or other computer feature or device, your agreement or consent will be legally binding and enforceable and
the legal equivalent of your handwritten signature.
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THE VIKING CORPORATION (“VIKING”) WELCOMES YOU TO VIRTUAL VIKING (“THE SOFTWARE”). WE ASK THAT YOU READ THE FOLLOWING TERMS OF USE, WHICH CONSTITUTE A LICENSE THAT COVERS YOUR USE OF THE SOFTWARE AND ANY TRANSACTIONS THAT YOU ENGAGE IN THROUGH THE STEAM PLATFORM (“AGREEMENT”). BY ACCESSING, VIEWING, OR USING THIS SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE WITH THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE DO NOT USE THE SOFTWARE.
USE OF THE SOFTWARE
This Software is provided solely as a download to current users of the Steam platform, which offers streaming services for online and virtual reality gaming. This Software provides training tools and resources to utilize various Viking products.
This Software may contain features that permit the transmission of user-generated content from the user to Viking and/or Steam, which may include, without limitation, typed messages and digital photographs. The content of such transmissions must conform will all applicable rules and restrictions as outlined in any applicable Steam Subscriber Agreement. You are prohibited from transmitting or otherwise communicating:
i. any defamatory, threatening, obscene, harassing, or otherwise unlawful information;
ii. any advertisement, solicitation, spam, chain letter, or other similar type of information;
iii. any encouragement of illegal activity;
iv. unauthorized use or disclosure of private, personally identifiable information of others;
v. any materials subject to trademark, copyright, or other laws protecting any materials or data of others in the absence of a valid license or other right to do so; or
vi. any other content which is unlawful.
SOFTWARE CONTENTS AND OWNERSHIP
The information contained in the Software, including all images, designs, photographs, writings, graphs, data, design software, calculations, kernels, and other materials (“Materials”) are the property of Viking and are protected by copyrights, trademarks, trade secrets, or other proprietary rights. Permission is granted to use this Software solely for the authorized use described above. Except as provided in this Agreement, Viking does not grant you any express or implied right in or under any patents, trademarks, copyrights, or trade secret information.
You own any materials, such as files, electronic documents, or images, that you upload and import
to the Software. You retain all rights and ownership of your content.
GENERAL RESTRICTIONS
You may not, and may not cause or allow any third party to:
i. decompile, disassemble or reverse-engineer the Software, or create or recreate the source code for the Software;
ii. remove, erase, obscure or tamper with any copyright or any other product identification or proprietary rights notices, seal or instructional label printed or stamped on, affixed to, or encoded or recorded in or on any Software; or fail to preserve all copyright and other proprietary notices in all copies you make of the Software;
iii. lease, lend or use the Software for timesharing or service bureau purposes; sell, market, license, sublicense, distribute or otherwise grant to any person or entity any right to use the Software except to the extent expressly permitted in this Agreement; or use the Software to provide, alone or in combination with any other product or service, any product or
service to any person or entity, whether on a fee basis or otherwise;
iv. modify, adapt, tamper with, translate or create derivative works of the Software; combine or merge any part of the Software with or into any other software; or refer to or otherwise use the Software as part of any effort to develop software (including any routine, script, code, or program) having any functional attributes, visual expressions or other features similar to those of the add-in to compete with Viking;
v. except with Viking’s prior written permission, publish any performance or benchmark tests or analysis relating to the Software; or
vi. attempt to do any of the activities in Subsections (i) to (v).
DISCLAIMER OF WARRANTY
You expressly agree that use of this Software is at your sole risk. Neither Viking, its affiliates, nor any of its officers, directors, employees, agents, third-party content providers, or licensors (collectively, “Providers”), or the like, warrant that this Software will be uninterrupted or errorfree; nor do they make any warranty as to the results that may be obtained from the use of this Software, or as to the accuracy, completeness, reliability, security, or currency of the Materials.
While Viking strives to provide the most precise information possible, the Materials may contain errors, omissions, inaccuracies, or outdated information. Further, Viking does not warrant reliability of any statement or other information displayed or distributed through the Software. Viking reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Software. Viking may make any other changes to this Software, the Materials and the products,
programs, services, or prices (if any) described in this Software at any time without notice.
THIS SOFTWARE AND THE INFORMATION, CONTENT, AND MATERIALS ON THIS SOFTWARE ARE PROVIDED ON AN “AS IS,” “WHERE IS,” AND “WHERE AVAILABLE” BASIS. VIKING MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SOFTWARE, THE CONTENT, ANY OUTCOME EXPECTED FROM THE USE OF THE SOFTWARE, OR THE MATERIALS ON THIS SOFTWARE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, VIKING EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SOFTWARE OR ANY GOODS OR OTHER PRODUCTS OR SERVICES DISPLAYED OR FEATURED ON THIS SOFTWARE OR YOUR USE OF THIS SOFTWARE GENERALLY, INCLUDING WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, OUTCOME, QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW APPLIES TO THIS AGREEMENT.
GENERAL DISCLAIMER
THE MATERIALS AND SOFTWARE VIEWED AND USED THROUGH THE STEAM PLATFORM ARE INTENDED FOR GENERAL REFERENCE ONLY. THE SOFTWARE IS INTENDED ONLY TO ASSIST YOU WITH TRAINING RELATED TO VARIOUS VIKING PRODUCTS, AND IS NOT A SUBSTITUTE FOR YOUR PROFESSIONAL JUDGMENT OR YOUR OWN ANALYSIS, SIMULATION, ESTIMATION, TESTING, AND OTHER ACTIVITIES, INCLUDING JUDGMENT AS TO WHETHER ANY OUTCOME SATISFIES ANY LEGAL OR REGULATORY REQUIREMENTS. PRODUCT DETAILS MAY VARY BASED ON THE SPECIFIC LISTING/APPROVAL AND PRODUCT APPLICATION. WITH ANY TRAINING PROGRAM, PLEASE REFER TO THE MANUFACTURER’S TECHNICAL
DOCUMENTATION AND ALWAYS CONSULT WITH THE APPROPRIATE AUTHORITY HAVING JURISDICTION (“AHJ”). VIKING MAKES NO REPRESENTATION OR WARRANTY AS TO WHETHER FOLLOWING THE SOFTWARE WILL SATISFY ANY LAW, REGULATION, ORDINANCE, RULE OR OTHER REQUIREMENT. FOR VIKING MANUFACTURED PRODUCTS, PLEASE VISIT WWW.VIKINGGROUPINC.COM FOR THE MOST CURRENT TECHNICAL DATA AND PRODUCT SPECIFICATIONS. VIKING RESERVES THE RIGHT TO CHANGE PRODUCT SPECIFICATIONS AT ANY TIME WITHOUT NOTICE AND WITHOUT INCURRING OBLIGATION.
LIMITATION OF LIABILITIES
YOU AGREE THAT VIKING AND ITS PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SOFTWARE, INCLUDING YOUR FAILURE TO FOLLOW OR CONFORM TO THE APPROPRIATE AHJ REGUALTIONS OR REQUIREMENTS REGARDING THE DESIGN AND INSTALLATION OF ANY PRODUCTS REFERENCED IN THE SOFTWARE, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT, INCLUDING, WITHOUT LIMITATION, A NEGLIGENT ACT, SHALL VIKING OR ANY OF ITS PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT,
INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE MATERIALS, CONTENT, OR INFORMATION ON THIS SOFTWARE OR ANY OTHER PRODUCTS, SERVICES, OR INFORMATION OFFERED, SOLD, OR DISPLAYED ON THIS SOFTWARE, YOUR USE OF, OR INABILITY TO USE, THIS SOFTWARE GENERALLY, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER VIKING OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Viking, its affiliates, agents, employees, and licensors from and against any and all claims and expenses, including reasonable attorney fees, arising out of or related in any way to your use of the Software, violation of this Agreement, violation of any law or regulation, violation of any agreement you make outside of this Agreement with third parties, or violation of any proprietary or privacy right.
PRIVACY
The operation of this Software involves or requires the collection and use of information about you. This Software may request the following information:
i. Individual Name;
ii. Individual Email;
iii. Phone number;
iv. Customer Company Name;
v. Where applicable, dimension, volume, or certain space measurements;
When you submit information (including any personally identifiable information), you understand that you are agreeing to allow Viking and its agents to access, store, distribute and use that information for the purposes of providing you with the Software and improving the functionality and organization of the Software.
Viking advises you to not provide any information through the Software that may be subject to the terms of any non-disclosure agreements, as they may apply. Viking is not responsible or liable for any information that you disclose to it that may be in breach or violation of any third-party agreement you may have.
For a full explanation of Viking’s privacy policies, including opt-out provisions, please reference https://www.vikinggroupinc.com/privacy.
LIMITATIONS ON CLAIM
Any cause of action you may have with respect to your use of this Software must be commenced within one year after the claim or cause of action arises.
TERM AND TERMINATION
Without limiting its other remedies, Viking may immediately discontinue, suspend, terminate, or block your and any user’s access to this Software at any time in our sole discretion.
HYPERLINK DISCLAIMERS
As a convenience to you, we may provide on this Software links to websites operated by other entities (collectively the “Linked Sites”). If you use any Linked Site you will leave this Software. If you decide to visit any Linked Sites, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Linked Sites, regardless of the linking form (e.g., hotlinks, hypertext links, IMG links), and unless operated by
Viking, are not maintained, controlled, or otherwise governed by Viking. The content, accuracy, opinions expressed, and other links provided by Linked Sites are not investigated, verified, monitored, or endorsed by Viking. Viking does not endorse, make any representations regarding, or warrant any information, goods, and/or services appearing and/or offered on any Linked Site. Links do not imply that Viking or this Software sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any Linked Site is authorized to use any trademark, trade name, logo or copyright symbol of Viking or any of its affiliates or subsidiaries. Except for links to information authored by Viking, Viking is neither responsible for nor will it be liable under any theory based on (i) any Linked Site; (ii) any information and/or content found on any Linked Site; or (iii) any
app(s) linked to or from any Linked Site. If you decide to visit any Linked Sites and/or transact any business on them, you do so at your own risk. Viking reserves the right to discontinue any link to Linked Site at any time without prior notice.
CONTROLLING LAW, JURISDICTION, AND INTERNATIONAL USERS
This Agreement is governed by and shall be construed in accordance with the laws of the State of Michigan, U.S.A., without reference to its conflict-of-law provisions. Viking makes no representation that the materials are appropriate or available for use outside the United States. If you access this Software from outside the United States, you will be responsible for compliance with all local laws. You agree to comply with all laws and regulations applicable to your use of this Software. You agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within Kent County, Michigan for any disputes with Viking arising out of your use of this Software.
ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between Viking and you with respect to the use of this Software, and it supersedes all prior or contemporaneous communications, whether electronic, oral, or written, between you and Viking with respect to this Software. Any and all existing agreements between you and Viking that are not related to the use of this Software shall remain in full force and effect. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If for any reason a court of competent jurisdiction finds any provision of this Agreement or portion of it to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of this
agreement, and the remainder of this Agreement shall continue in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
MODIFICATIONS TO AGREEMENT
Viking may revise this Agreement at any time and you agree to be bound by the revised Agreement. Any such modifications will become effective on the date they are first posted to this Software. It is your responsibility to return to this Agreement from time to time to review the most current terms and conditions. Viking does not and will not assume any obligation to notify you of changes to this Agreement.
SOFTWARE UPDATES
Viking may revise and update the Software at any time. You agree to be bound by these terms and conditions, or any modifications of this Agreement, and agree to use any subsequent updated software in compliance with the terms contained within this Agreement.
ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES
You agree to be bound by any affirmation, assent, or agreement you transmit through this Software, including but not limited to any consent you give to receive communications from Viking solely through electronic transmission. You agree that when you click or tap an “I agree,” “Allow,” or other similarly worded “button,” link, or entry field with your keystroke, digital touch or other computer feature or device, your agreement or consent will be legally binding and enforceable and
the legal equivalent of your handwritten signature.
SHRR\4817563v1