Viya’s Terms of Use

Please read these Terms of Use (“Terms”) carefully before proceeding. This is an agreement between you and Viya and by accessing this website or any services accessible through the Site (collectively “Site”) you agree to be bound by these Terms. If you do not agree to comply with these Terms, you are prohibited from using or accessing the Site. Please note that certain additional terms and conditions apply such as Viya’s Acceptable Use Policy, which is accessible below. In the event of a conflict between these Terms and any other terms and conditions applicable to your purchase or use of a specific Viya service (“Services”), the terms and conditions of that Service will control with respect to your use of the Service.

1. Use License

Subject to the terms provided herein and Viya’s Acceptable Use Policy (“AUP”), you can review the complete policy on Viya’s official website: Viya Acceptable Use Policy. Viya grants you a limited, non-exclusive, non-transferable, worldwide, revocable, non-sublicensable license to use the Site for personal, non-commercial transitory viewing only. Under this license you may not, without Viya’s prior express written authorization:

• use any systems or means, automated or otherwise, to access, acquire, copy, scrape, harvest, or monitor any part of the Site;

• use materials or content on the Site for any commercial purpose, or for any public display (commercial or non-commercial);
• attempt to decompile or reverse engineer any software contained on the Site;
• remove any copyright or other proprietary notations from the materials or content on the Site;
• use, display, mirror, frame or utilize framing techniques to enclose the Site or the content made available through the Site, or any portion thereof, through any other application or website; or
• use any device, software, hardware, or other technologies or initiate any other activities that may harm or interfere with the Site and the proper working of the Site.

This license shall automatically terminate if you violate any of these Terms and may be terminated by Viya at any time.  Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

2. Disclaimer

The materials on the Site are provided “as is.” Viya makes no warranties, express or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, and non-infringement of intellectual property with respect to this Site or any information or software contained therein. Further, Viya does not warrant or make any representations that the Site will meet your requirements, that the operation of the Site will be continuous or error-free, that the Site will operated at all or as intended under all conditions, that any defects in the Site will be corrected, or that the Site will be virus-free.

3. Passwords

Certain services offered through the Site require you to open an account, including establishing a user ID and password (“Credentials”). You are responsible for maintaining the confidentiality of your Credentials and for any and all activity that occurs under your Credentials. You agree to notify Viya immediately of any unauthorized use of your account or Credentials, or any other breach of security of the Site. You may not use anyone else’s account or Credentials at any time without their prior approval.

4. Privacy Policy

Your privacy is very important to us. When you access the Site, we may process personal information from or about you, as detailed in Viya’s Privacy Policy, which can be viewed in its entirety on Viya’s official website: Viya Privacy Policy. By accepting these Terms, you hereby acknowledge and agree to the processing of your information as detailed in the Privacy Policy.

5. Limitation of Liability

In no event shall Viya, or any of its affiliates, officers, employees, directors, contractors, suppliers, and agents (collectively “Viya Representatives”), be liable for any damages arising out of the use or inability to use the Site or Services, including, without limitation, direct, indirect, incidental, special, punitive, or consequential damages, and damages arising from any loss of data or profit or due to business interruption. If, notwithstanding the foregoing, Viya is found to liable to you for any damages or losses in connection with your use of the Site, under no circumstances shall Viya’s aggregate liability exceed the total amount that you paid to Viya for all services provided to you by Viya during the prior six months.

6. Indemnification

You agree to indemnify and hold harmless Viya and all Viya Representatives from and against any and all claims or losses imposed on, incurred by, or asserted as a result of or relating to (a) any noncompliance by you with these Terms; (b) your use of the Site; and (c) any third-party allegations (whether such allegations may be false, fraudulent, or groundless) regarding (a) or (b) above.

7. Links

The Site may include links to third-party websites and services that Viya does not own or operate. Viya makes no representations or warranties about such websites or services, and Viya is not responsible for the availability of such websites and services, or for any products, services and/or content contained therein. Use of any such linked websites is at your own risk.

8. Governing Law

Any claim relating to Viya’s Site shall be governed by the laws of the United States Virgin Islands without regard to its conflict of law provisions. Viya’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

9. Arbitration.

The following provisions are important concerning the agreement between Subscriber and Viya regarding Viya’s Services memorialized by these Terms of Use.

PLEASE READ THEM CAREFULLY TO ENSURE THAT THE SUBSCRIBER UNDERSTANDS EACH PROVISION. These Terms of Use require the use of arbitration to resolve disputes and otherwise limit the remedies available to Subscriber in the event of a dispute.

Subject to the “Exclusions” paragraph below, Viya and Subscriber agree to arbitrate disputes and claims arising out of or relating to these Terms of Use, the Services, the Equipment, or marketing of the Services Subscriber has received from Viya. Notwithstanding the foregoing, either party may bring an individual action on any matter or subject in small claims court.

THESE TERMS OF USE MEMORIALIZE A TRANSACTION IN INTERSTATE COMMERCE. THE FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THESE ARBITRATION PROVISIONS.

A party who intends to seek arbitration must first send to the other a written notice of intent to arbitrate, entitled “Notice of Intent to Arbitrate” (“Notice”). The Notice to Viya should be addressed to: Counsel, Viya, 4611 Tutu Park, #200, St. Thomas, VI 00802 (“Arbitration Notice Address”). The Notice must: (1) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought. If we do not reach an agreement to resolve the claim within 30 days after the Notice is received, Subscriber or Viya may commence an arbitration proceeding, in which all issues are for the arbitrator to decide (including the scope of the arbitration clause), but the arbitrator shall be bound by the terms of these Terms of Use.

The arbitration shall be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms of Use, and the arbitration shall be administered by the AAA. The AAA Rules and fee information are available at the Arbitration Association’s official website or by calling the AAA at 1-800-778-7879, or by writing to the Arbitration Notice Address.

If the arbitrator’s award exceeds $25,000, either party may appeal such award to a three-arbitrator panel administered by the AAA and selected according to the AAA Rules, by filing a written notice of appeal within 30 days after the date of entry of the arbitration award. The appealing party must provide the other party with a copy of such appeal concurrently with its submission of the appeals notice to AAA. The three-arbitrator panel must issue its decision within 120 days of the date of the appealing party’s notice of appeal. The decision of the three-arbitrator panel shall be final and binding, except for any appellate right which may exist under the Federal Arbitration Act.  The parties may agree that arbitration will be conducted solely on the basis of the documents submitted to the arbitrator, via a telephonic hearing, or by an in-person hearing as established by AAA rules.

SUBSCRIBER AGREES THAT, BY ENTERING INTO THIS AGREEMENT, SUBSCRIBER AND VIYA ARE WAIVING THE RIGHT TO A TRIAL BY JUDGE OR JURY.

Unless Viya and Subscriber agree otherwise in writing, all hearings conducted as part of the arbitration shall take place in the U.S. Virgin Islands.  The arbitrator may award injunctive relief only in favor of the party seeking relief, only to the extent sought, and only to the extent necessary to provide the specific relief warranted by such individual’s claim.  The parties agree that the arbitrator must give effect to the terms of these Terms of Use.

SUBSCRIBER AND VIYA AGREE THAT CLAIMS MAY ONLY BE BROUGHT IN SUBSCRIBER’S INDIVIDUAL CAPACITY AND NOT ON BEHALF OF, OR AS PART OF, A CLASS ACTION OR REPRESENTATIVE PROCEEDING.

Furthermore, unless both Subscriber and Viya agree otherwise in writing, the arbitrator may not consolidate proceedings or more than one person’s claims and may not otherwise preside over any form of representative or class proceeding. If this specific paragraph is found to be unenforceable, then the entirety of these arbitration provisions shall be null and void and rendered of no further effect with respect to the specific claim at issue.

Right to Opt Out. If Subscriber does not wish to be bound by these arbitration provisions, Subscriber must notify Viya in writing within 30 days of (a) the date that this arbitration provision becomes effective, if Subscriber is an existing customer, or (b) the date that Subscriber first subscribes to the Service(s). Subscriber may opt out by mail to the Arbitration Notice Address. Subscriber’s written notification to Spectrum must include Subscriber’s name, address, and Viya account number as well as a clear statement that Subscriber does not wish to resolve disputes with Viya through arbitration. Subscriber’s decision to opt out of this arbitration provision will have no adverse effect on Subscriber’s relationship with Viya or the delivery of Services to Subscriber by Viya.

Severability. If any clause within these arbitration provisions is found to be illegal or unenforceable, that specific clause will be severed from these arbitration provisions, and the remainder of the arbitration provisions will be given full force and effect.

NOTWITHSTANDING ANYTHING TO THE CONTRARY, IN THE EVENT SOME OR ALL OF THESE ARBITRATION PROVISIONS IS DETERMINED TO BE UNENFORCEABLE FOR ANY REASON, OR IF A CLAIM IS BROUGHT THAT IS FOUND BY A COURT TO BE EXCLUDED FROM THE SCOPE OF THESE ARBITRATION PROVISIONS, BOTH PARTIES AGREE TO WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY TRIAL BY JURY.

For purposes of the foregoing sentence only, in the event such waiver is found to be unenforceable, it shall be severed from these Terms of Use, rendered null and void and of no further effect without affecting the rest of the arbitration provisions set forth herein.

EXCLUSIONS. SUBSCRIBER AND VIYA AGREE THAT THE FOLLOWING CLAIMS OR DISPUTES SHALL NOT BE SUBJECT TO ARBITRATION:

(1) ANY INDIVIDUAL ACTION BROUGHT BY SUBSCRIBER OR BY VIYA ON ANY MATTER OR SUBJECT THAT IS WITHIN THE JURISDICTION OF A COURT THAT IS LIMITED TO ADJUDICATING SMALL CLAIMS.

(2) ANY DISPUTE OVER THE VALIDITY OF ANY PARTY’S INTELLECTUAL PROPERTY RIGHTS.

(3) ANY DISPUTE RELATED TO OR ARISING FROM ALLEGATIONS ASSOCIATED WITH UNAUTHORIZED USE OR RECEIPT OF SERVICE.

The foregoing arbitration provisions shall survive the termination of these Terms of Use.

SUBSCRIBER HAS ONE YEAR TO BRING A CLAIM AGAINST VIYA, UNLESS SUBSCRIBER OPTS OUT. Subscriber must bring any claim against VIYA within one (1) year after the date on which the claim arose or, unless applicable law provides that the normal statute of limitations for that claim may not be shortened by agreement. If Subscriber does not bring a claim within this period, Subscriber waives, to the fullest extent permitted by law, all rights Subscriber has to such claim and Viya will have no liability with respect to such claim.

Subscriber may opt out of this Section, in which case the normal statute of limitations will apply. To opt out, Subscriber must notify Viya in writing by sending a letter to Viya addressed to Counsel, Viya, 4611 Tutu Park, #200, St. Thomas, VI 00802, within 30 days of (a) the date that this provision becomes effective, if Subscriber is an existing customer, or (b) the date that Subscriber first subscribes to the Service(s). Subscriber’s written notice must include Subscriber’s name, address, and Viya account number as well as a clear statement that Subscriber does not wish this Section to apply. This Section shall survive the termination of these Terms of Use.

YOU HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS AND YOUR USE OF THE SITE.

10. Entire Agreements; Changes

These Terms constitute the entire agreement between you and Viya regarding your use of the Site. Viya may revise these Terms at any time without notice. By continuing to use the Site, you agree to be bound by the then-current version of these Terms.  For purposes of these Terms, the term “Viya” shall mean Virgin Islands Telephone Corp.; Innovative Long Distance, Inc.; VI PowerNet LLC; Caribbean Communications Corp.; St. Croix Cable TV, Inc.; and Vitelcom Cellular, Inc., as well as all affiliates that control, are controlled by, or are under common control with these entities.

11. Contact Us

If you have any questions about these Terms, please contact us at 340-777-VIYA (8492).