TERMS AND CONDITIONS FOR KONX USERS

  1. The term Users shall apply to Account Holders, Hosts, Participants, Viewers, Customers and/or Subscribers of the KonX Conference Room Subscriptions and KonX eCards specified herein the Vtex Communications KonX User’s Terms and Conditions.
  2. I understand and agree that all products and services associated with KonX are protected by intellectual property law, including copyright. Vtex Communications LLC retains the ownership of all proprietary rights in the KonX products or services and in all trade names, trademarks and service marks associated and displayed with the KonX products or services. I will not remove, deface, or obscure any Vtex Communications LLC’s products and services, its suppliers’ copyright or trademark notices and/or legends or other proprietary notices on, incorporated therein, or associated with the KonX products or services. I may not reverse engineer, reverse compile, or otherwise reduce to human readable form any software, software codes, or any programming associated with the KonX products or services.
  3. I shall not use the KonX products or services in any manner that could damage, disable, overburden, impair, or otherwise interfere with or disrupt the websites, KonX products or services, or any network or networks connected to the services or security systems. I acknowledge that the KonX products or services, or portion thereof, may be subject to the export control laws of the United States. I will not export, re-export, divert, transfer, or disclose any portion of the KonX products or services or any related technical information or materials, directly or indirectly, in violation of any applicable export law or regulation.
  4. I understand and agree that the KonX products or services are provided “AS IS” and Vtex Communications LLC and/or its Management Team, its owners, its partners, subsidiaries, affiliates, suppliers and resellers expressly disclaim all warranties of any kind, express or implied, including without limitation to any warranty of merchantability, fitness for particular purpose or non-infringement. Vtex Communications LLC and/or its Management Team, its owners, its partners, subsidiaries, affiliates, suppliers and resellers name no warranty or representation obtained through the KonX products or services, regarding the accuracy or reliability or any information obtained through KonX products or services, regarding any goods or services purchased or obtained through KonX products or services, regarding any transactions entered into through KonX products or services or that KonX products or services will meet any User’s requirements or be uninterrupted, timely, secure or error free.
  5. I agree to indemnify, defend and hold harmless Vtex Communications LLC and/ or its Management Team, its owners, its partners, subsidiaries, affiliates, officers, directors, employees, consultants, agents, suppliers and resellers from any and all third-party claims, liability, damages and/or costs. The KonX products or services are not designed or licensed for use in hazardous environments requiring fail-safe controls, including without limitation to operation of nuclear facilities, aircraft navigation/communication systems, air traffic control, and life support or weapons systems. Without limiting the generality of the foregoing, Vtex Communications LLC and/or its Management Team, its owners, its partners, subsidiaries, affiliates, suppliers and resellers specifically disclaim any express or implied warranty of fitness for such purposes.
  6. To the maximum extent permitted by applicable law, in no event will Vtex Communications LLC and/or its Management Team, its owners, its affiliates, suppliers or resellers be liable for any special, incidental, indirect, exemplary or consequential damages whatsoever (including, without limitation, to damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss or damage) arising from the use of or inability to use the KonX products or services or the provision of or failure to provide technical or other support services, whether arising in tort (including negligence) contract or any other legal theory, even if Vtex Communications LLC or its Management Team, its owners, its partners, subsidiaries, affiliates, suppliers or resellers have been advised the possibility of such damages. In any case, Vtex Communications LLC or its Management Team, its owners, its partners, subsidiaries, affiliates, suppliers and resellers’ maximum cumulative liability and my exclusive remedy for any claims arising from or related to this agreement will be limited to the amount actually paid by me for the KonX products or services (if any) in the previous 12 months. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to me.
  7. No false or misleading information concerning any Vtex Communications LLC's products or services shall be given to any party, a Subscriber, or prospective Customer.
  8. I agree not to contact, hire, employ, subcontract any services creating third-party agreements with Vtex Communications LLC and its provider or advertiser of products and services without the written permission of Vtex Communications LLC. Should disputes arise regarding the Terms and Conditions of this Agreement, all parties agree to seek remedy through binding arbitration conducted in accordance with the rules of the American Arbitration Association in Las Vegas, Nevada, USA or the International Arbitration Association. A Louisiana resident may choose Louisiana law, jurisdiction and venue.
  9. I acknowledge that Vtex Communications LLC has the right to modify policies, procedures, products and services from time-to-time, and any and all modifications and changes upon publication or announcement shall become a binding part of this agreement.
  10. I and my respective sub-Customers/Subscribers and their employees all agree not to enter into any competitive relationships with Vtex Communications LLC or to market familiar products or services for as long as I and my sub-Customers/Subscribers and their employees are actively using KonX products and services.
  11. I acknowledge and prohibit the use of KonX products and services in any illegal activities, such as selling illegal drugs, and for any adult entertainment to customers and prospects.
  12. I agree that the KonX website, website codes, KonX intellectual programming codes and content are property of Vtex Communications, LLC protected under applicable copyright, trademark, patent, and other intellectual property rights and laws. My copying, redistribution, use, or publication of any content is strictly prohibited.
  13. I understand that no ownership, interest, or license to any patent, copyright, trademark, trade secret and other intellectual property rights or the content are being granted, assigned or transferred in this User’s Terms and Conditions or by reason of my access to and use of the KonX website, content or KonX Web-Conferencing and Communications Services. All trademarks, service marks, trade names and copyright displayed on the KonX website, website codes, KonX intellectual programming codes or in the content are proprietary to Vtex Communications, LLC.
  14. I agree that I acquire no rights or licenses to any trademarks, service marks, trade names or copyright displayed on the KonX website, access to the KonX website and content. The use of KonX Web-Conferencing and Communications Services are provided for business and communication purposes only. I may not reproduce, republish, distribute, assign, sublicense, retransmit, sell, or prepare derivative works of the KonX website or content, or resell or make KonX Web-Conferencing and Communications Services available to others.
  15. I agree and understand that I shall not copy anything identifying KonX such as website, content, intellectual programming codes, logos, banners, icons, taglines, customized invitation, invitation link, concept, ideas or marketing strategies that belong to Vtex Communications, LLC. Any duplication or transfer to third parties including Participants, Viewers, Users and other private or business sectors shall constitute theft and fraud and Vtex Communications, LLC shall reserve its right to prosecute to the fullest extent of the law for any violation of this User’s Terms and Conditions.
  16. Since I have elected to purchase the KonX product or service, I understand that ALL SALES ARE FINAL; therefore, the credit card payment cannot be reversed and check payment cannot be refunded.
  17. I UNDERSTAND THAT NO PORTION OF THIS PURCHASE PRICE OF THE KONX PRODUCT OR SERVICE OR ANY OTHER PURCHASES MADE ARE REFUNDABLE AFTER THREE (3) DAYS, WHICH IS 72 HOURS FROM THE DATE OF PURCHASE RECEIVED BY THE COMPANY. CANCELLATION MUST BE POSTMARKED/RECEIVED AFTER THREE (3) DAYS FROM THE DATE OF PURCHASE RECEIVED BY VTEX COMMUNICATIONS LLC. NO LATER THAN MIDNIGHT OF THE THIRD DAY SUBSEQUENT TO THE DATE OF THE OVERNIGHT DELIVERY SERVICE OR WESTERN UNION TELEGRAM TO VTEX COMMUNICATIONS LLC OFFICE ADDRESS. VERBAL CANCELLATION REQUESTS AND CANCELLATION REQUESTS MADE TO VTEX COMMUNICATIONS LLC WILL NOT BE ACCEPTED.