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Copyright © 1998-2008 VIPdesk.com, Inc. Terms of UseVIPdesk.com, Inc. ("VIPdesk", "we", or "us") supports this web site (the "Site") to provide information, recommendations, and live concierge services (the "Services"). We hope you enjoy your visit! The terms, conditions and guidelines associated with use of the Services, the Site and any content (collectively, the "Content") available on the Site are set forth in this Terms of Use Agreement ("TOU"). Please read this TOU carefully before you use the Services or the Site. By using the Services or the Site you ("you" or "your," as appropriate) agree to abide by the terms, conditions, and guidelines set forth in this TOU. Except as is provided in VIPdesk's privacy policy (which is incorporated into this TOU below), VIPdesk may update or change this TOU from time to time without notice. Such changes will be effective on the date that such modified TOU is posted on the Site, which is located at [http://concierge.robbinsbros.com/vip/tou_and_privacy.asp]. USE OF THE SITE OR SERVICES AFTER SUCH CHANGES HAVE TAKEN EFFECT CONSTITUTES ACCEPTANCE OF ALL CHANGES. Please also note that if VIPdesk determines at any time that you have abused or violated any of these terms, conditions and guidelines, VIPdesk reserves the right to terminate your access to the Site and Services immediately without notice. Concierge Recommendations and Information: The concierges' comments and recommendations presented on the Site, are based on research and opinions collected by the concierges, and are subject to change at any time. User Name, Password and Security You are responsible for maintaining the confidentiality of your user name and password, and you are solely responsibly for all activities that occur under your user name and password. You agree to immediately notify VIPdesk of any unauthorized use of your user name and Password or any other breach of security related to the Site. VIPDESK WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO ADEQUATELY SAFEGUARD YOUR USERNAME AND/OR PASSWORD, OR TO OTHERWISE COMPLY WITH THIS SECTION. Eligibility The Services and the Site are available only to individuals or entities who can form legally binding contracts under applicable law and who are employees and affiliates of entities that have entered into a services agreement with VIPdesk or one of its distributors. Without limiting the foregoing, the Services and the Site are not available to individuals under the age of thirteen (13). If you do not qualify, you may neither use the Services nor the Site. Privacy VIPdesk knows how important privacy is to you and is committed to honoring your privacy. You can review VIPdesk's privacy policy, which is incorporated by reference into this TOU, at [http://concierge.robbinsbros.com/vip/tou_and_privacy.asp]. In order to ensure that VIPdesk is able to provide high quality services that are responsive to customer needs, VIPdesk employees may need to access your accounts and records on a case by case basis to investigate complaints or other allegations or abuse. VIPdesk shall not disclose the existence or occurrence of such an investigation unless required by law. Links to Third-Party Sites Some of the links on the Site may allow you to leave the Site. Third-party sites to which the Site may link ("Third-Party Linked Sites") are not in any way under VIPdesk's control, and VIPDESK DOES NOT ASSUME ANY RESPONSIBILITY OR LIABILITY FOR ANY INFORMATION, CONTENT, COMMUNICATIONS, SERVICES, GOODS OR OTHER MATERIALS AVAILABLE ON SUCH THIRD-PARTY LINKED SITES OR FOR ANY CHANGES OR UPDATES TO SUCH SITES. VIPdesk does not intend links contained on the Site to be referrals to, or endorsements of, any Third-Party Linked Site or the entities that operate them, and such links are provided for convenience only. General Disclaimer THE SITE, ALL THIRD PARTY LINKED SITES, AND ALL SERVICES, CONTENT AND MATERIALS PROVIDED IN THE SITE, ARE PROVIDED TO YOU ON AN "AS IS, WITH ALL FAULTS" BASIS, AND YOUR USE OF SUCH SITES, SERVICES, CONTENT AND MATERIALS IS AT YOUR OWN RISK. VIPDESK DISCLAIMS ALL WARRANTIES WHETHER EXPRESS OR IMPLIED INCLUDING WITHOUT LIMITATION THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE, INFRINGEMENT, AND QUIET ENJOYMENT. Limitation of Liability IN NO EVENT WILL VIPDESK, ANY OF ITS PARTNERS, PROVIDERS, AFFILIATES, INCLUDING THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR REPRESENTATIVES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, RELIANCE, COMPENSATORY, OR PUNITIVE DAMAGES OR DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SITE, THE SERVICES AVAILABLE ON THE SITE, ANY WEBSITES LINKED TO THE SITE, THE MATERIALS OR INFORMATION CONTAINED AT THE SITE OR THE FOREGOING LIMITATIONS OF LIABILITY CONSTITUTE A FUNDAMENTAL BASIS OF THIS TOU AND VIPDESK WOULD NOT HAVE PERMITTED YOU TO USE THE SITE OR THE SERVICES ABSENT SUCH LIMITATIONS. Some jurisdictions do not permit the exclusion or limitation of liability. Therefore, only if required by applicable law, some or all of the exclusions or limitations above may not apply to you. Prohibited Uses As a user of the Services or the Site, you agree to use the Services and the Site only for lawful purposes. Use of the Services or the Site for transmission, distribution, retrieval or storage of any information, data, or other material in violation of any applicable law or regulation is prohibited. You also agree not to use the Services or the Site to:
VIPdesk may terminate the Services and access to this Site at any time without notice in its sole discretion. In the event of a termination, the Links to Third-Party Sites, General Disclaimer, Limitation of Liability, Prohibited Uses, Proprietary Rights, Indemnity, Applicable Laws, and General Terms Sections set forth in this TOU shall survive. Users who violate this TOU may additionally incur criminal and/or civil liability. VIPdesk may refer violators to civil or criminal authorities for prosecution, and will cooperate fully with applicable government authorities in connection with its investigations of any suspected civil or criminal violations. Proprietary Rights Software You acknowledge and agree that the Service and any VIPdesk software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the web interface or telephone access numbers that may be provided by VIPdesk for use in accessing the Service. Trademarks The trademarks appearing on the Site, including those of VIPdesk, are the property of their respective owners. VIPdesk's trademarks may be used only with the express written permission of VIPdesk. The design and layout of the Site, and all other Websites owned, operated, licensed, or controlled by VIPdesk are protected as trade dress and may not be copied or imitated in whole or in part. No logo, graphic, sound, image, or animation from the Site may be copied or retransmitted unless expressly permitted by VIPdesk. Other product and company names mentioned on the Site may be the trademarks of their respective owners. Copyright All materials on the Site are copyrighted and are protected under state and federal law, as well as international treaties and the copyright laws of other countries. VIPdesk's materials may not be reproduced, copied, distributed, adapted, displayed, edited, published, transmitted, or downloaded in any way without VIPdesk's express written permission except that you may download one copy of the Content for your personal, non-commercial use, provided that all copyright and proprietary notice are displayed on such downloaded content. All rights not expressly granted herein are reserved by VIPdesk. If you are aware of any copyright violations on the site, please contact [copyright@vipdesk.com]. Indemnity You agree to indemnify, defend at your expense and hold harmless VIPdesk, its telecommunications providers and service providers and its subsidiaries, affiliates, officers, directors, employees, consultants and agents, if any, from any and all third-party claims, and any and all liability, damages and costs (including, but not limited to, attorneys' fees) arising from or relating to (i) your use of the Services and/or the Site, (ii) any content you post, e-mail, transmit, or relay either to VIPdesk or by use of the Services or the Site, (iii) your violation of the TOU, or (iv) your alleged infringement of any intellectual property or other right of any person or entity. Notice All notices to a party shall be in writing and shall be made either via e-mail or U.S. mail. Notice shall be deemed given 24 hours after an e-mail that is not returned to the sender is sent, or 3 days after deposit in the U.S. mail, to you at the address provided by you upon registration and to VIPdesk at the address set forth below: VIPdesk.com, Inc. 324 N. Fairfax Street Alexandria, Virginia 22314 Attn.: Chief Financial Officer Changes to Site and Services VIPdesk reserves the right to change, suspend or discontinue any aspect of the Services or the Site at any time, including the availability of any of the Site features, delivery services, databases or Content. VIPdesk may also impose limits on features or restrict access to parts of the Site. Applicable Laws Both you and VIPdesk agree that the statutes and laws of the Commonwealth of Virginia, without regard to the conflicts of laws principles, will govern all matters relating in any way to this TOU or to your use of the Site. VIPdesk makes no representation that materials on the Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Site from outside the Commonwealth of Virginia do so on their own initiative and are responsible for compliance with local laws. This Agreement is personal to you, and you may not assign your rights or obligations to anyone. General Terms If any provision(s) of the TOU is found to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. VIPdesk's failure to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. The TOU constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the TOU will be effective only if unambiguously made in writing and signed by VIPdesk. Back to top Privacy Policy Your privacy is important to VIPdesk. Maintaining the trust of our users is key to the success of our business, and this Privacy Policy is intended to make you feel as comfortable as possible visiting our website and using our services. This Privacy Policy discloses the privacy practices for the concierge services, web sites and any other sites and services operated by VIPdesk. This Privacy Policy will provide you with information on our policies regarding:
If you feel that this company is not abiding by its posted privacy policy, you should contact our security and privacy staff by e-mail at [privacy@vipdesk.com]. Acceptance. This Privacy Policy is a part of our Terms of Use agreement and by using the VIPdesk website and services, you agree to be bound by its terms and conditions. This Privacy Policy only addresses activities from our servers. Other sites (including those that we link to and third party sites or services which we co-brand) may have their own policies, which we do not control, and thus are not addressed or controlled by this policy. (1) What Personal Information Is Collected You provide certain Personal Information to us when you: (a) register to use the services, (b) register for free newsletters, (c) complete questionnaires, (d) order products and services from us (e) register to be notified of changes in our website and (f) send e-mail messages, submit forms or send other information to us. We use a feature of your browser called a "cookie" to assign a unique number that automatically identifies your computer when you visit the site. A cookie is a piece of data stored on your hard drive containing information about you. For instance, by setting a cookie on our site, you would not have to log in a password more than once, thereby saving time while on our site. If you reject the cookie, you may still use our site. The only drawback to this is that you will be limited in some areas of our site, or may have to enter passwords or identifying information more than once. We may collect Personal Information from you at other points on our site that state that Personal Information is being collected. In the event of a complaint, we may also receive Personal Information about you from other users or third parties who may communicate information to us about you in relation to that complaint. (2) Who Collects the Personal Information VIPdesk.com, Inc., which owns and operates the VIPdesk web site and related sites, is the company that collects Personal Information on our site. Our mailing address is 324 N. Fairfax Street, Alexandria, Virginia 22314 and our customer service e-mail address is customerservice@vipdesk.com. (3) How the Personal Information Is Used We use your Personal Information to provide you with content and services that are tailored specifically to the profile you provide. We do not sell or provide your Personal Information to third-party marketers or other third parties unless you expressly agree in advance to let us do so. We use your information on an aggregated basis (not personally identifiable) to do such things as operate our site, enhance our site and sell and deliver messages. We may disclose aggregated information about our users but that information contains no Personal Information. Although your privacy is very important to us, due to legal rules beyond our control, we cannot fully ensure that your private communications and other Personal Information will not be disclosed to third parties. For example, we may be forced to disclose information to the government or third parties under certain circumstances, or third parties may unlawfully intercept or access transmissions or private communications. Additionally, in the unlikely event we need to investigate or resolve possible problems or inquiries, we can, and you authorize us to, disclose any information about you to law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate. In addition, we may share Personal Information with our contractors on a need-to-know basis in order to maintain our services provided that such contractors have agreed to the non-disclosure and confidentiality requirements we require of our employees. (4) Privacy Protection for Children In order to protect the privacy interests of younger internet users, we do not allow children under the age of 13 to use our services. (5) The Choices Available to Users Regarding Collection, Use And Distribution of the Personal Information You can control the content of your Personal Information by following the instructions stated below in Section 6. Please note that if you provide any information on your own or directly to parties who provide service to our web site or any other sites you encounter on the Internet (even if these sites are branded with our branding), different rules may apply to their use or disclosure of the Personal Information you disclose to them. We encourage you to investigate and ask questions before disclosing information to third parties. (6) How Users Can Correct Any Inaccuracies in the Personal Information If Personal Information changes, or if you no longer desire our service, we will provide a way for you to correct, update or remove your Personal Information. This can usually be done for you by e-mailing our customer support at customerservice@vipdesk.com. (7) What Kind of Security Procedures We Use to Protect the Loss, Misuse, or Alteration of Your Personal Information Under Our Control VIPdesk takes precautions to protect our users' information. When users submit sensitive information via our website, that information is protected both online and off-line. When our registration and personal profile forms ask users to enter sensitive information, that information is protected using industry-standard SSL encryption. We hope this policy clarifies our procedures regarding your Personal Information. We will notify you by e-mail of any significant changes and obtain your "opt-in" consent to any significant new uses of your Personal Information, if it was collected from you prior to a significant change in this policy. We may also make non-significant changes to our Privacy Policy that generally will not affect our use of your Personal Information. Encryption VIPdesk uses Industry Standard encryption. Back to top |
