Terms Of Service
Terms and Conditions
Agreement between User and www.vigdesk.com, www.RVGoPro.com.
Breadcrumb of the Www.Vigdesk.com, and www.RVGoPro.com Website
Last Updated: May 9, 2019
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Www.Vigdesk.com, and www.RVGoPro.com Logo
Header Menu of the Www.Vigdesk.com, and www.RVGoPro.com Website. All associated website linked to Vigdesk.com these terms apply any subdivision or subdomain of the main site as well.
There are several different Subdivision of the website. www.Vigdesk.com which is the main domain, www.RVGoPro.com, www.Vigdesk.com/Jobs, www.vigdesk.com/VirtualAssistant, https://www.vigdesk.com/non-profit-web-design-for-small-business/. All term associated to each sub-division apply to all sites and it’s used and is NOT excluded because it is not on the same page. There term of use for each division is one.
For the Use of Staffing Agency, the below terms Apply:
Top Menu of the Vig Desk.com, RVGoPro.com Website
RV Service Providers
Work With Us, Job Board, Job Submittal, Repair Services, and Staffing services. None profit service as free and is liability to any damages.
www. VigDesk.com Staffing Agency Term of use.
Welcome to www.vigdesk.com. The www.vigdesk.com website (the "Site") is comprised of various web pages operated by Vig Desk. www.vigdesk.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.vigdesk.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
www.vigdesk.com is an E-Commerce Site.
PLEASE REVIEW THESE TERMS CAREFULLY. YOUR ACCESS TO AND/OR USE OF THE SITE CONSTITUTES YOUR ACCEPTANCE OF, AND CONSENT TO BE BOUND BY, THESE TERMS. IF YOU DO NOT ACCEPT AND CONSENT TO BE BOUND BY THESE TERMS, THEN YOU MUST NOT USE OR ACCESS THE SITE.
We may change these Terms from time to time by notifying you of such changes by any reasonable means, including by posting revised Terms through the Site. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms incorporating such changes, or otherwise notified you of such changes.
The “Last Updated” legend above indicates when these Terms were last changed. We may, at any time and without liability, modify or discontinue all or part of the Site (including access to the Site via any third-party links); or offer opportunities to some or all Site users.
By using the Site, you affirm that you are of legal age to enter into these Terms. If you are an individual accessing or using the Site on behalf of, or for the benefit of, any corporation, partnership or other entity with which you are associated (an “Organization”), then you are agreeing to these Terms on behalf of yourself and such Organization, and you represent and warrant that you have the legal authority to bind such Organization to these Terms. References to “you” and “your” in these Terms will refer to both the individual using the Site and to any such Organization.
The Site is controlled or operated (or both) from the United States, and is not intended to subject Www.Vigdesk.com, and www.RVGoPro.com to any non-U.S. jurisdiction or law. The Site may not be appropriate or available for use in some non-U.S. jurisdictions. Any use of the Site is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit the Site’s availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.
Subject to and conditioned on your compliance with these Terms, Www.Vigdesk.com, and www.RVGoPro.com grants you a limited, non-exclusive, non-transferable, non-assignable, revocable license to access and use the Site, and to download copies of the materials that we make available for download on the Site, in each case solely for your personal and non-commercial use.
The Site, including all content, information, and materials incorporated into or made available through the Site, is the exclusive property of Www.Vigdesk.com, and www.RVGoPro.com or its suppliers, and is protected by U.S. and international law. You agree not to access or use the Site, or any content, information, or materials incorporated into or made available through the Site, except as expressly permitted under these Terms.
All trademarks, service marks, and logos displayed on the Site (the “Marks”) are the exclusive property of Www.Vigdesk.com, and www.RVGoPro.com or their respective third party owners. Except for your right to view Marks on our Site, You are not granted any rights to the Marks. Nothing in the Site grants, by implication, estoppel, or otherwise, any license or right to use any Marks displayed on the Site.
- USER SUBMITTED MATERIALS
The Site includes functionality to enable you to upload your résumé and/or other employment- and career-related information, and may also enable you to submit comments and materials through interactive features such as message boards and other forums, and chatting, commenting and other messaging functionality (all such résumés, information, comments, and materials are “Submitted Materials”). For clarity, you retain ownership of your Submitted Materials. You hereby grant Www.Vigdesk.com, and www.RVGoPro.com a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use and exploit such Submitted Materials, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials).
In addition, if you provide to us any ideas, proposals, suggestions or other materials (“Feedback”), whether related to the Site or otherwise, such Feedback will be deemed Submitted Materials, and you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place Www.Vigdesk.com, and www.RVGoPro.com under any fiduciary or other obligation.
You represent and warrant that you have all rights necessary to grant the licenses granted in this section, and that your Submitted Materials, and your provision thereof through and in connection with the Site, are complete and accurate, and are not fraudulent, tortious or otherwise in violation of any applicable law or any right of any third party. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory.
Www.Vigdesk.com, and www.RVGoPro.com may (but has no obligation to) screen, monitor, evaluate and remove any Submitted Materials at any time and for any reason, or analyze your access to and use of the Site. We may disclose information regarding your access to and use of the Site, and the circumstances surrounding such access and use, to anyone for any reason or purpose.
- RULES OF CONDUCT
In connection with the Site, you agree NOT to:
- Post, transmit or otherwise make available through or in connection with the Site any materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner.
- Post, transmit or otherwise make available through or in connection with the Site any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment (each, a “Virus”).
- Use the Site for any commercial purpose, or for any purpose that is fraudulent or otherwise tortious or unlawful.
- Harvest or collect information about users of the Site.
- Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available, including by hacking or defacing any portion of the Site; or violate any requirement, procedure or policy of such servers or networks.
- Restrict or inhibit any other person from using the Site.
- Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Site except as expressly authorized herein.
- Reverse engineer, decompile or disassemble any portion of the Site, except where such restriction is expressly prohibited by applicable law.
- Remove any copyright, trademark or other proprietary rights notice from the Site.
- Frame or mirror any portion of the Site, or otherwise incorporate any portion of the Site into any product or service.
- Systematically download and store Site content.
- Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather Site content, or reproduce or circumvent the navigational structure or presentation of the Site, without RV Go Pro’s express prior written consent. Notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in the Site’s root directory, Www.Vigdesk.com, and www.RVGoPro.com grants to the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. Www.Vigdesk.com, and www.RVGoPro.com reserves the right to revoke such permission either generally or in specific cases, at any time and without notice.
- ACCOUNT AND PASSWORD
You may need to register for an account to use all or portions of the Site. We may reject, or require that you change, any user name, password or other information that you provide to us in registering. You, and not RV Go Pro, are responsible for any use or misuse of your user name or password. In particular, it is your sole responsibility to (a) maintain the confidentiality of your account login and password; (b) frequently update and revise your password; and (c) promptly notify Www.Vigdesk.com, and www.RVGoPro.com if there is any unauthorized use of your account or any breach of security.
- Www.Vigdesk.com, and www.RVGoPro.com Direct Candidates
If you sign up with Www.Vigdesk.com, and www.RVGoPro.com Direct, you accept these Terms of Service.
- THIRD PARTY MATERIALS
The Site may make available or provide links to third party websites, content, or information (“Third Party Materials”). Www.Vigdesk.com, and www.RVGoPro.com does not control, and is not responsible for, any Third Party Materials and the availability of any Third Party Materials on the Site does not imply endorsement of, or affiliation with the provider of Third Party Materials. Your use of Third Party Materials is at your own risk.
THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, AND WWW.VIGDESK.COM, AND WWW.RVGOPRO.COM EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE, AND WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OR TRADE.
While we try to maintain the timeliness, integrity and security of the Site, we do not guarantee that the Site is or will remain updated, complete, correct or secure, or that access to the Site will be uninterrupted. The Site may include inaccuracies, errors and materials that violate or conflict with these Terms. Additionally, third parties may make unauthorized alterations to the Site.
Further, without limiting the foregoing, Www.Vigdesk.com, and www.RVGoPro.com (a) does not guarantee that you will receive any employment or job offers through the Site; (b) will not be responsible for any employment offers or listings, employment screenings, employment decisions, or actual employment presented by third parties; and (c) is neither your employer nor your agent based solely on your usage of the Site. You must use your own judgment in evaluating any prospective employers and any Third Party Materials.
- LIMITATION OF LIABILITY
WWW.VIGDESK.COM, AND WWW.RVGOPRO.COM WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE OR DATA, LOSS OF OTHER INTANGIBLES, OR LOSS OF SECURITY OF SUBMITTED MATERIALS (INCLUDING UNAUTHORIZED INTERCEPTION BY THIRD PARTIES OF ANY SUBMITTED MATERIALS), EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. WITHOUT LIMITING THE FOREGOING, WWW.VIGDESK.COM, AND WWW.RVGOPRO.COM WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR FROM ANY THIRD PARTY MATERIALS, INCLUDING FROM ANY VIRUS THAT MAY BE TRANSMITTED IN CONNECTION THEREWITH. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. THE MAXIMUM AGGREGATE LIABILITY OF WWW.VIGDESK.COM, AND WWW.RVGOPRO.COM FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL BE $100.
Applicable law may not allow for limitations on certain implied warranties, or exclusions or limitations of certain damages; solely to the extent that such law applies to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have certain additional rights.
Www.Vigdesk.com, and www.RVGoPro.com may terminate or suspend your access to the Site at any time, with or without cause or notice, including if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms. Upon any such termination or suspension, (a) your right to access and use the Site will immediately cease; (b) Www.Vigdesk.com, and www.RVGoPro.com may immediately deactivate or delete your user name, password and account; (c) Www.Vigdesk.com, and www.RVGoPro.com will be under no obligation to maintain or provide you with access to any materials associated with your account (including Submitted Materials), and may retain or delete such materials in RV Go Pro’s sole discretion; and (d) except for the license granted to you to access and use the Site, the remaining provisions of these Terms will survive and continue in effect.
- NOTICE OF COPYRIGHT INFRINGEMENT
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send to Www.Vigdesk.com, and www.RVGoPro.com a written notice by mail, e-mail or fax, requesting that Www.Vigdesk.com, and www.RVGoPro.com remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to Www.Vigdesk.com, and www.RVGoPro.com a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices must be sent in writing to:
Www.Vigdesk.com, and www.RVGoPro.com International Inc.
Attn: Jeffrey Chow, Corporate Counsel, Legal Department
111 Pemberton-Browns Mills Road #5009
Browns Mills, NJ 08015
Phone: (877) 211-3358
We suggest that you consult your legal advisor before filing a DMCA notice or counter-notice.
- GOVERNING LAW; JURISDICTION
These Terms are governed by and will be construed in accordance with the laws of the State of New Jersey, U.S.A., without regard to its principles of conflicts of law, and regardless of your location. You agree to exclusive jurisdiction of the federal and state courts located in Atlantic County, New Jersey, U.S.A., and waive any jurisdictional, venue or inconvenient forum objections to such courts.
- INFORMATION OR COMPLAINTS
If you have a question or complaint regarding the Site, please send an e-mail to firstname.lastname@example.org. You may also contact us by writing to Webmaster at Www.Vigdesk.com, and www.RVGoPro.com LLC., 111 Pemberton-Browns Mills Road #5009Browns Mills, NJ 08015. Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us.
- PAYMENTS THROUGH THE SITE
If you wish to pay an outstanding invoice through the Site (each such payment, a "Transaction"), you may be asked to supply certain information relevant to your Transaction including, without limitation, your bank information routing number, bank account number, bank account type, credit card number, card verification number, the expiration date of your credit card, your billing address, billing phone number, and email. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY BANK ACCOUNT INFORMATION OR CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. To process your payment, Www.Vigdesk.com, and www.RVGoPro.com uses CyberSource, an independent third party and subsidiary of Visa Inc. CyberSource controls the security and performance of its payment processing services. Please refer to the CyberSource terms, conditions and privacy policies governing your payment located at www.cybersource.com. Verification of information may be required prior to the acknowledgment or completion of any Transaction. Www.Vigdesk.com, and www.RVGoPro.com or our agents may call or contact you regarding your account or your Transactions. You agree that we may place such calls or contact you relating to the Transaction.
These Terms do not, and will not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and RV Go Pro. If any provision of these Terms is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under these Terms without restriction. No waiver by either party of any breach or default under these Terms will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular will have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in these Terms will be construed as if followed by the phrase “without limitation.” These Terms, including any terms and conditions incorporated herein, constitute the entire agreement between you and Www.Vigdesk.com, and www.RVGoPro.com relating to the subject matter hereof, and supersede any and all prior or contemporaneous written or oral agreements or understandings between you and Www.Vigdesk.com, and www.RVGoPro.com relating to such subject matter. Notices to you (including notices of changes to these Terms) may be made via posting to the Site or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Www.Vigdesk.com, and www.RVGoPro.com will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.
- USE. Unless licensed by us in a written agreement, you agree not to use or provide software (except general purpose web browsers and email RV Go Pro) or services that interact or interoperate with RV GO PRO, e.g. for downloading, uploading, creating/accessing/using an account, posting, flagging, emailing, searching, or mobile use. You agree not to copy/collect RV GO PRO content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). Misleading, unsolicited, and/or unlawful postings/communications/accounts are prohibited, as is buying or selling accounts. You agree not to post content that is prohibited by any of RV GO PRO's policies or rules referenced above ("Prohibited Content"). You agree not to abuse RV GO PRO's flagging or reporting processes. You agree not to collect RV GO PRO user information or interfere with RV GO PRO. You agree we may moderate RV GO PRO access/use in our sole discretion, e.g., by blocking, filtering, re-categorizing, re-ranking, deleting, delaying, holding, omitting, verifying, or terminating your access/license/account. You agree (1) not to bypass said moderation, (2) we are not liable for moderating or not moderating, and (3) nothing we say or do waives our right to moderate, or not.
Who are the members? Customers are the people who need jobs done on the RV, Travel Camper. RV Service Provider are providers who provide service to the Customers.
There are two types purposes that RVGoPro.com provide:
- Customer and Service Provider can complete assignment on their own without RVGoPro.com or Vigdesk.com and use the website to find new Customers but at their own risk. We do not recommend this service.
- Customers and RV Service Providers can Post on the Website and use the Website and however they can Contact Vigdesk.com if they need help selecting a RV Service Provider. If this method is used, there are requirement background check that Vigdesk.com will go through for RV Service Providers before they go on an assignment. This way we protect the safety of our Customers. Regarding Protecting the safety of our RV Service Providers, it recommended that we validate certain information and gather certain payment information to guarantee the safety of our RV Service Provider.
Before any jobs or assignment is Booked by a Customer and is accepted by the RV Service Provider it is the responsibility of the Customer to check References and Credentials, as well as licenses information before an assignment is complete. If there is an assignment booked without the help of Vigdesk.com or RVGoPro.com you are responsible for all issue and damages. RVGoPro.com or Vigdesk.com will NOT be Responsible for any damages or accidental damages or physical damages.
Service Providers may use the website to complete Jobs they are assigned to in which they are assigned by the Customer whom is signed up to the website and post these Jobs. RV Go Pro nor Vig Desk is NOT responsible for any assignment that we do NOT assign a Service Provider to if the assignment is Booked Outside of RVGoPro.com or Vigdesk.com. Any assignments booked outside of Vig Desk or RVGoPro.com is the responsibility of the Customer whom book the assignment. Even if a RV Service Provider is signed up as a certified RV Certified Service Provider for Vigdesk.com or RVGoPRo we will not be responsible for any damages or incomplete assignment that a Customer Booked on their own and is between the RV Service Provider and the Customers.
In regard to insurance, RVGoPro.com and VigDesk.com will carry their own general liability insurance however Service Provider is responsible for carrying their own Liability insurance along with the Customer when a Service Provider visit a RV Site or a RV. Any Accidental damages or accident that occurred on a Customer site RVGoPro,com nor VigDesk.com is NOT responsible for any damages to a RV, Property, not to the Service Provider nor to the Customer.
On all circumstances Service Providers is responsible for their Liability insurance and the compensation insurance. The RVGoPro.com nor Vigdesk.com is Not responsible to carry no insurance coverage for these RV Service Providers nor the Customer.
It is highly recommended that if you post a job and is seeking assistant for repair on your RV and is looking for a RV Service provider that you get in contact with VigDesk.com to go through the normal recruiting process for any assignments.
Visiting www.vigdesk.com or sending emails to Vig Desk constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Children Under Thirteen
Vig Desk does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.vigdesk.com only with permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
www.vigdesk.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Vig Desk and Vig Desk is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Vig Desk is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Vig Desk of the site or any association with its operators.
Certain services made available via www.vigdesk.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.vigdesk.com domain, you hereby acknowledge and consent that Vig Desk may share such information and data with any third party with whom Vig Desk has a contractual relationship to provide the requested product, service or functionality on behalf of www.vigdesk.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Vig Desk or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Vig Desk content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Vig Desk and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Vig Desk or our licensors except as expressly authorized by these Terms.
The Service is controlled, operated and administered by Vig Desk from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Vig Desk Content accessed through www.vigdesk.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Vig Desk, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Vig Desk reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Vig Desk in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Vig Desk agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. VIG DESK AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
VIG DESK AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. VIG DESK AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Vig Desk reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of New Jersey and you hereby consent to the exclusive jurisdiction and venue of courts in New Jersey in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Vig Desk as a result of this agreement or use of the Site. Vig Desk's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Vig Desk's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Vig Desk with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Vig Desk with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Vig Desk with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon 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. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Vig Desk reserves the right, in its sole discretion, to change the Terms under which www.vigdesk.com is offered. The most current version of the Terms will supersede all previous versions. Vig Desk encourages you to periodically review the Terms to stay informed of our updates.
Vig Desk welcomes your questions or comments regarding the Terms:
111 Pemberton-Browns Mills Road #5009
Browns Mills,, New Jersey 08015
Effective as of December 14, 2018
This is should be a prospective customer's number one call to action, e.g., requesting a quote or perusing your product catalog.