1. Use License
Subject to the terms provided herein, 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.
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.
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.
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.
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.
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. 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.
9. 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.
10. Contact Us
If you have any questions about these Terms, please contact us at 340-777-VIYA (8492).
Effective Date: April 23, 2018