Terms and conditions

This Subscription Agreement (the “Agreement”) is a legal contract between you and your company (“SUBSCRIBER”) and MIVNET, LLC (“MIVNET”).

BY CLICKING REGISTERING, SUBSCRIBER HEREBY AGREES TO BE BOUND BY THE TERMS OF THIS AGREEMENT, INCLUDING THE WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY AND TERMINATION PROVISIONS BELOW.

 

GENERAL.

  1. SUBSCRIBER may select from three levels of MIVNET subscriptions as set forth in this Agreement: (i) a Trial Account; (ii) an Connect Basic; or (iii) a Promote and Connect Subscription; or a (iiii) Promote and Connect Enterprise Subscription (for larger groups and re-sale).
  2. Notwithstanding anything to the contrary set forth in this Agreement, MIVNET may limit the number of Trial Account Subscription Agreements, and other agreements between MIVNET and SUBSCRIBER of any kind or nature, to any number in MIVNET’s sole and absolute discretion.
  3. SUBSCRIBER’s selected subscription start date is the date SUBSCRIBER accepts this entire Agreement by clicking the “AGREE TO THE TERMS” button below, or as otherwise set forth in this Agreement.
  4. SUBSCRIBER hereby acknowledges and agrees to become a member of the MIVNET Network. As such, SUBSCRIBER shall be entitled to all of the benefits of membership and shall be responsible for fully satisfying all of the duties of a SUBSCRIBER, as determined by MIVNET in accordance with the terms and conditions of this Agreement. By using the MIVNET Network and MIVNET Connect, SUBSCRIBER agrees to be bound by all of the terms and conditions of this Agreement and the rules that might be posted from time to time on the MIVNET Network, in order to become or remain an authorized SUBSCRIBER of the MIVNET Network.
  5. MIVNET reserves the right, at its sole discretion, to change, modify, add or remove portions of this Agreement at any time. Notification of any and all changes to the terms and conditions of this Agreement shall be posted on the MIVNET Network, or sent via email to the members. The SUBSCRIBER hereby acknowledges and agrees that by continuing to use this service after the posting of notices regarding such changes, SUBSCRIBER agrees to be legally bound by such changes. SUBSCRIBER further acknowledges and agrees that the MIVNET Network may change, suspend or discontinue any aspect of the MIVNET Network at any time, including the availability of any feature, database, or content.  MIVNET also reserves the right to impose limits on certain features and services or restrict SUBSCRIBER’s access to parts or all of the MIVNET Network without notice or liability. SUBSCRIBER hereby acknowledges and agrees that MIVNET shall not be liable to SUBSCRIBER or any third party should MIVNET exercise any of MIVNET’S rights hereunder.
  6. SUBSCRIBER further acknowledges and agrees that SUBSCRIBER is entirely liable for any and all activities conducted through membership in the MIVNET Network which may be construed to be slanderous, unlawful, harmful to, threatening, harassing, hateful, vulgar, obscene, pornographic, abusive, embarrassing, racially, ethnically or otherwise objectionable, to anyone or any business or entity; and/or intentionally or unintentionally violate any applicable local, national or international law including, but not limited to, any regulations having the force of law while using or accessing the MIVNET Network or in connection with SUBSCRIBER'S use of the services provided by the MIVNET Network in any manner.

2.  TRIAL ACCOUNT SUBSCRIPTION.  If SUBSCRIBER  selects a trial subscription, then:

  1. SUBSCRIBER shall receive a free non-expiring trial subscription of the MIVNET Connect service.  SUBSCRIBER’s trial subscription shall be moved to an inactive status if account becomes dormant, and(ii) MIVNET’s guests shall not be able to view SUBSCRIBER’s listing until account is upgraded to a Promote and Connect account.
  2. MIVNET shall not require SUBSCRIBER to provide a credit card upon registration for such subscription; provided, however, that if SUBSCRIBER hereby acknowledges and agrees that SUBSCRIBER shall provide a credit card as set forth herein if SUBSCRIBER later upgrades to an Connect Basic, Promote and Connect or Promote and Connect Enterprise Subscription as defined at; https://www.mivnet.com/pricing
  3. SUBSCRIBER hereby acknowledges and agrees that: (i) MIVNET’s affiliate subscribers and premium affiliate subscriber advertisers retain the option on whether to honor discounts offered by MIVNET to MIVNET trial subscribers; and (ii) not all affiliate subscribers and premium affiliate subscribers shall honor discounts offered by MIVNET to MIVNET trial subscribers; and

3.  CONNECT BASIC SUBSCRIPTION.  If SUBSCRIBER selects an Connect Basic Subscription then:

  1. SUBSCRIBER shall receive unrestricted access to the MIVNET database on the website and other Affiliate Subscription benefits as set forth on the MIVNET website;
  2. SUBSCRIBER may place full featured room listings on the MIVNET website; and
  3. SUBSCRIBER may access the MIVNET websites Connect feature as defined at: https://www.mivnet.com/pricing.

4.  PROMOTE AND CONNECT SUBSCRIPTION.  If SUBSCRIBER selects a Promote and Connect Subscription then:

  1. SUBSCRIBER shall receive all of the features of an Affiliate Subscription and other Premium Affiliate Subscription benefits as set forth on the MIVNET website; and
  2. SUBSCRIBER may place full featured room listings on the MIVNET website; and
  3. SUBSCRIBER may access the MIVNET websites Connect feature as defined at: https://www.mivnet.com/pricing.\

5.  PROMOTE AND CONNECT ENTERPRISE SUBSCRIPTION.  If SUBSCRIBER selects a Promote and Connect Enterprise subscription then:

  1. SUBSCRIBER shall receive all of the features of an Affiliate Subscription and other Premium Affiliate Subscription benefits as set forth on the MIVNET website; and
  2. SUBSCRIBER may place full featured room listings on the MIVNET website; and
  3. SUBSCRIBER may access the MIVNET websites Connect feature as defined at: https://www.mivnet.com/pricing.

 

5.  SUBSCRIBER TO SUBSCRIBER RATES.  SUBSCRIBER hereby agrees to provide services to MIVNET customers or other MIVNET Network subscribers  as follows:

  1. For the purpose of this Section, Hosting Subscriber shall refer to the MIVNET Network member whose video-conferencing facility shall be reserved by the other subscriber and/or MIVENET customer.
  2. Any MIVNET Network member shall be entitled to member to member published rates as set forth on the website located at https://www.mivnet.com/account/b2b-rate
  3. Any customer that identifies MIVNET as customer’s source for locating the SUBSCRIBER’s room shall be entitled to MIVNET published rates as set forth by the MIVNET subscriber or advertiser. This shall not prevent the MIVNET Network subscriber or advertiser from establishing or publishing different rates for any customers who do not identify MIVNET as customer’s source for locating the SUBSCRIBER’s room.
  4. When SUBSCRIBER’s customer wishes to use a Hosting Subscriber’s video-conferencing facility, arrangements shall be made in advance by the Subscriber and/or customer with the Hosting Subscriber whose facility shall be used. SUBSCRIBER shall collect any applicable fees from the customer using the facility. SUBSCRIBER shall remit the fee to the Hosting Subscriber providing the services within thirty (30) days after the service is provided.

6.   SUBSCRIPTION FEES.

  1. The current Fees for all subscriptions (as applicable) are set forth on the following webpage: https://www.mivnet.com/pricing
  2. SUBSCRIBER shall pay the first monthly, quarterly or annual Fee (as applicable) in advance immediately upon accepting this Agreement.
  3. Fees for each succeeding renewal month, quarter or year (as applicable) after the initial month, quarter or year (as applicable) shall be due in advance on the same day of the month, quarter or year (as applicable) as SUBSCRIBER’s subscription start date. Notwithstanding the foregoing, in the event that SUBSCRIBER’s subscription start date on the 29th, 30th, or 31st of a month, then the Fee for each successive renewal period shall be due and payable on the first day of the immediately succeeding month.
  4. SUBSCRIBER shall pay all Fees by credit card, debit card, electronic check, certified check, or money order.  All Fees are payable in advance and in US dollars.
  5. If paying by credit card, PayPal, or electronic check, then SUBSCRIBER shall be billed recurrently against SUBSCRIBER’s preferred method of payment.  If paying by credit card, then SUBSCRIBER shall ensure that SUBSCRIBER’s credit card is valid for a minimum of three months after the effective date of this Agreement.  If paying by credit card, then SUBSCRIBER shall ensure that MIVNET can bill credit card directly for Fees.  If paying the by electronic check, then SUBSCRIBER shall also immediately provide an automatic payment authorization to MIVNET so MIVNET may automatically withdraw all succeeding payments from SUBSCRIBER’s checking account. If paying by certified check or money order, then SUBSCRIBER shall be billed for and pay Fees three months in advance.
  6. SUBSCRIBER understands that once this Agreement is executed there shall be no refunds, proration of rates, or installment payments of any kind or nature in the event SUBSCRIBER elects to discontinue SUBSCRIBER’s subscription prior to the expiration of the subscription.
  7. In the event the SUBSCRIBER does not wish to continue SUBSCRIBER’s subscription, SUBSCRIBER shall notify MIVNET 15 days prior to the expiration of the then current term of the subscription, otherwise MIVNET shall (as applicable) automatically bill SUBSCRIBER’s preferred method of payment on file for the renewal term at MIVNET’s standard rate and/or terminate SUBSCRIBER’s Trial Subscription.
  8. MIVNET reserves the right, in MIVNET’s sole and absolute discretion, to change MIVNET’s Fee structure at any time by providing notice to SUBSCRIBER at least: (i) one full billing cycle in advance if SUBSCRIBER is on a monthly or quarterly billing cycle, or (ii) 60 days if SUBSCRIBER is on an annual billing cycle.
  9. In the event MIVNET increases Fees, SUBSCRIBER shall have the option to terminate this Agreement within 30 days of SUBSCRIBER(S) receipt of the notice of the Fee increase.
  10. All Fees and payments are in U.S. Dollars.
  11. Notwithstanding anything to the contrary set forth in this Agreement, SUBSCRIBER acknowledges and agrees that SUBSCRIBER’s subscription shall be automatically suspended if a payment pursuant to this Agreement is more than five days late.  Should the SUBSCRIBER’s subscription become suspended, SUBSCRIBER hereby acknowledges and agrees that all of SUBSCRIBER’s use and access of MIVNET’s website and/or services associated with this Agreement shall automatically cease.  Upon MIVNET’s receipt of payment of the past due amount, MIVNET shall reactivate all use, access, and/or services suspended pursuant to this Section.

7.  TERMINATION

  1. The term of this Agreement is either: (i) month-to-month if SUBSCRIBER has chosen the monthly billing option; or (ii) quarterly if SUBSCRIBER has chosen the quarterly billing option; or (iii) one year if SUBSCRIBER has chosen the annual billing option. 
  2. This Agreement is effective upon SUBSCRIBER’s acceptance of this Agreement and payment of the applicable Fee.  If this Agreement is effective on a day other than the first day of a calendar month or year (as applicable), then the initial term shall end on the last day of the first full calendar month or year (as applicable) following the effective date. 
  3. This Agreement shall automatically renew at the end of each term for: (i) one month if SUBSCRIBER has chosen the monthly billing option; (ii) one quarter if SUBSCRIBER has chosen the quarterly billing option; and/or (ii) one year if SUBSCRIBER has chosen the annual billing option; provided, however, that a party not intending to renew this Agreement may terminate this Agreement by providing advance written notice of at least 15 days to the other party prior to the end of the then applicable term.
  4. Notwithstanding anything to the contrary set forth in this Agreement, MIVNET may terminate this Agreement at any time, in MIVNET’s sole and absolute discretion, without notice and shall then refund a prorated portion of any prepaid Fees to SUBSCRIBER. 

8.  CONFIDENTIALITY.

  1. From time to time during the term of this Agreement the parties may provide each other with Confidential Information.  Confidential Information shall mean any confidential technical data, trade secret, know-how, or other confidential information disclosed by any party hereunder in writing, orally, or by drawing or other form and which shall be marked by the disclosing party as Confidential or Proprietary. If such information is disclosed orally, or through demonstration, in order to be deemed Confidential Information, it must be specifically designated as being of a confidential nature at the time of disclosure and reduced in writing and delivered to the receiving party.
  2. Notwithstanding the foregoing, Confidential Information shall not include information which: (i) is known to the receiving party at the time of disclosure or becomes known to the receiving party without breach of this Agreement; (ii) is or becomes publicly known through no wrongful act of the receiving party or any subsidiary of the receiving party; (iii) is rightfully received from a third party without restriction on disclosure; (iv) is independently developed by the receiving party or any of its subsidiary; (v) is furnished to any third party by the disclosing party without restriction on its disclosure; (vi) is approved for release upon a prior written consent of the disclosing party; (vii) is disclosed pursuant to judicial order, pursuant to requirement of a governmental agency, or by operation of law.
  3. The receiving party agrees that it shall not disclose any Confidential Information to any third party and shall not use Confidential Information of the disclosing party for any purpose other than for the performance of the rights and obligations hereunder during the term of this Agreement and for a period of three years thereafter, without the prior written consent of the disclosing party. The receiving party further agrees that Confidential Information shall remain the sole property of the disclosing party and that it shall take all reasonable precautions to prevent any unauthorized disclosure of Confidential Information by its employees. No license shall be granted by the disclosing party to the receiving party with respect to Confidential Information disclosed hereunder unless otherwise expressly provided herein.
  4. Upon the request of the disclosing party, the receiving party shall promptly return all Confidential information furnished hereunder and all copies thereof.
  5. Neither party shall disclose any of the specific terms of this Agreement to any third party without the prior written consent of the other party, which consent shall not be withheld unreasonably. Notwithstanding the foregoing, any party may disclose information concerning this Agreement as required by the rules, orders, regulations, subpoenas, or directives of a court, government, or governmental agency, after giving prior notice to the other party.
  6. If a party breaches any of its obligations with respect to confidentiality and unauthorized use of Confidential information hereunder, the non-breaching party shall be entitled to equitable relief to protect its interest therein, including but not limited to injunctive relief, as well as money damages notwithstanding anything to the contrary contained herein.

9.  NO WARRANTIES

  1. THE MIVNET NETWORK, WEBSITE, AND SERVICES ARE PROVIDED “AS IS”. MIVNET DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MIVNET DOES NOT WARRANT THAT: (i) THE FUNCTIONS CONTAINED ON MIVNET’S NETWORK, WEBSITE, AND SERVICES, AND/OR ANY MATERIALS OR CONTENT CONTAINED THEREIN, SHALL BE UNINTERRUPTED OR ERROR-FREE; (ii) THAT DEFECTS SHALL BE CORRECTED; OR (iii) THAT THE MIVENT NETWORK, WEBSITE, SERVICES, AND/OR THE SERVERS THAT MAKES THE MIVNET NETWORK, WEBSITE, AND/OR SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MIVNET SHALL NOT BE LIABLE FOR THE USE OF THE MIVNET NETWORK, WEBSITE, AND/OR SERVICES INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.
  2. SUBSCRIBER HEREBY INDEMNIFIES, DEFENDS AND HOLDS HARMLESS MIVNET, AND ALL OF MIVNET’S OFFICERS, DIRECTORS, OWNERS, AGENTS, AFFILIATES, AND ATTORNEYS (COLLECTIVELY, THE INDEMNIFIED PARTIES) FROM AND AGAINST ANY LIABILITY AND COSTS INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY AND ALL CLAIMS ARISING OUT OF (i) A THIRD PARTY INFRINGEMENT CLAIM RELATING TO DATA AND INFORMATION SUPPLIED BY SUBSCRIBER TO MIVNET, (ii) ANY BREACH BY THE SUBSCRIBER OF THIS AGREEMENT OR ANY OF SUBSCRIBER’S REPRESENTATIONS, WARRANTIES, AND COVENANTS CONTAINED IN THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS FEES AND COSTS THROUGH AND INCLUDING ANY APPELLATE PROCESS, AND (iii) ANY UNAUTHORIZED REPRESENTATION, WARRANTY OR AGREEMENT OR ANY MISREPRESENTATION, EXPRESS OR IMPLIED, MADE BY SUBSCRIBER WITH RESPECT TO THE MIVNET NETWORK, WEBSITE, AND/OR SERVICES. SUBSCRIBER ACKNOWLEDGES AND AGREES TO COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY SUCH CLAIM. SUBSCRIBER HEREBY ACKNOWLEDGES AND AGREES THAT MIVNET RESERVES THE RIGHT, AT MIVNET’S OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY SUBSCRIBER.

10.  LIMITATION OF LIABILITY

  1. REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT SHALL MIVNET  BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE MIVNET NETWORK, WEBSITE, AND SERVICES, EVEN IF MIVNET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN ANY EVENT, MIVNET’S ENTIRE LIABILITY FOR ANY DAMAGES TO SUBSCRIBER OR ANY OTHER ENTITY SHALL NOT EXCEED $100.00.  
  2. The MIVNET network, website, and/or services may at times contain some content that is supplied by third parties including, but not limited to, other MIVNET customers and advertisers. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by such third are those of the respective author(s) or distributor(s) and do not necessarily state or reflect those of MIVNET.  MIVNET may remove, or opt to remove, opinions, advice, statements, services, offers, or other information or content at in MIVNET’s sole and absolute discretion.  SUBSCRIBER hereby acknowledges and agrees that MIVNET shall not be liable to SUBSCRIBER for such opinions, advice, statements, services, offers, or other information or content in any way whatsoever.

11. MISCELLANEOUS

  1. This Agreement contains the sole and entire agreement between the parties with respect to the subject matter of this Agreement and supersedes any and all other prior or contemporaneous written or oral agreements or understandings between them with respect to the subject matter contained in this Agreement.
  2. Captions contained in this Agreement are inserted only as a matter of convenience or for reference and in no way define, limit, extend, or describe the scope of this Agreement or the intent of any provision of this Agreement.
  3. The parties shall take all such actions and execute all such documents that may be necessary or desirable to carry out the purposes of this Agreement whether or not specifically provided for in this Agreement.
  4. This Agreement and the interpretation of this Agreements terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to Florida's conflicts of laws rules.
  5. The parties irrevocably submit and consent to the exclusive jurisdiction and exclusive venue of the Florida state courts in and for Broward County Florida and the Federal Courts in and for the Southern District of Florida.  The parties waive all rights to trial by jury in any action or proceeding instituted in connection with this Agreement.  The parties agree not to raise the defense of forum non conveniens.
  6. If the performance of any obligation by MIVNET under this Agreement is prevented, restricted or interfered with by reason of natural disaster, war, revolution, terrorism, windstorm, civil commotion, acts of public enemies, blockade, embargo, strikes, any law, order, proclamation, regulation, ordinance, demand or requirement having a legal effect of any government or any judicial authority or representative of any such government, or any other act or event which is beyond the reasonable control of the party affected, then MIVNET shall be excused from such performance to the extent of such prevention, restriction, or interference, provided that MIVNET shall use reasonable commercial efforts to avoid or remove such causes of non performance, and shall continue performance hereunder with reasonable dispatch whenever such causes are removed.

Whenever under the provisions of this Agreement, notice is required or permitted to be given, it shall be in writing, in English, and shall be deemed effective either when delivered: (i) personally; (ii) by courier (either messenger service, FedEx, UPS or DHL; or (iii), by registered or certified mail with postage prepaid, return receipt requested.   Notwithstanding anything to the contrary set forth in this Agreement, notices delivered on a Saturday, Sunday or legal holiday at the recipient’s location shall be effective on the next business day at the recipients location.  To be effective, all notices must be addressed to the party for whom the notice is intended or to such other addresses as a party shall hereafter designate in writing to the other party.

 

 MIVNET Connect Terms of Service Agreement

1. YOUR RESPONSIBILITIES AS A MIVNET USER; LICENSE TO YOUR CONTENT

You are responsible for the content of all visual, written or audible communications and any other material ("Content") used in connection with your account. MIVNET will not be liable to you or any others for any loss or damages due to your use of the Service. You agree to indemnify, defend and hold harmless MIVNET from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys' fees) arising from your violation of this Section

.

You agree not to upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically or otherwise deemed objectionable by MIVNET.

 

You agree not to upload, post, email, or transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letter," "pyramid schemes," "affiliate links" or any other form of solicitation.

 

You agree not to upload, post, email, transmit or otherwise make available any Content that violates copyright, trademark or other laws protecting intellectual property or that violates an individual's publicity or privacy rights.

 

You agree not to upload, download, transmit or otherwise make available any code or material that harms or interferes with any device, software, network or service.

 

You agree not to violate any laws or regulations in your state or country (including but not limited to laws governing intellectual property rights, online conduct or online content).

 

You agree that you have all the rights, licenses and permissions from third parties to use, reproduce, publish and display Content belonging to others.

 

MIVNET has no control over, and is not responsible for, the privacy of any Content that you have shared with others so always use caution when giving out any personally identifiable or sensitive information.

 

Other than pursuant to a separate agreement with MIVNET, you may not market, distribute and/or sell the Services to any distributor, reseller, OEM customer or other third party that will engage in the promotion thereof or solicitation of sales therefore.

 

2. SOFTWARE.

You may be required to download and install MIVNET Connect software ("Software"). In that event, MIVNET agrees to provide you with a limited, personal, nonexclusive, non-transferable and non-sub-licensable license to use the Software in accordance with the terms of this Agreement you may not use the Software for anything other than as intended by MIVNET in connection with your use of the Service.

 

You may not use the Software with any device, program or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by copyright laws. All rights not expressly granted by MIVNET are hereby reserved. You agree not to take any action to interfere with MIVNET's or any of its suppliers' ownership of or rights in the Software. You agree that, unless otherwise permitted in this license or by law, you will not: (i) reproduce, republish, display, frame, download, distribute or transmit the Software; (ii) redistribute, encumber, sell, rent, lease, loan, sublicense, assign or otherwise transfer rights to the Software; (iii) modify or create any derivative works based on the Software, including customization, translation or localization; (iv) copy, reproduce, reuse in another product or service, modify, alter or display in any manner any software or files or parts thereof included as part of the Software; (v) except to the extent expressly permitted under applicable law, decompile, disassemble, reverse engineer or otherwise attempt to derive the source code of the Software or in any way ascertain, decipher or obtain the communications protocols for accessing the Software or the underlying ideas or algorithms of the Software; (vi) create or use any software other than as authorized by MIVNET to access the Software; (vii) attempt to gain unauthorized access to the Service or the Software or to any account, application, platform, computer system or network associated with the Service or Software; (viii) use the Service or Software in any way that violates this Agreement or any other agreements between you and MIVNET or any law; and (ix) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in or on the Software or associated with the Service.

 

Notwithstanding the provisions of the previous paragraph, you understand that the Software contains or is distributed with certain third party computer programs that are publicly available, that are distributed as part of the Software and for which the source code is written by persons or entities other than employees of MIVNET or contractors under the direction of MIVNET (the "Public Software"). The Public Software is distributed by MIVNET "AS IS" and without warranty of any kind. The Public Software and the terms under which it was obtained by MIVNET are listed at http://www.MIVNET.com/legal/opensource.pdf

 

YOU ACKNOWLEDGE AND AGREE THAT YOUR USE AND DISTRIBUTION OF ANY SUCH PUBLIC SOFTWARE IS SUBJECT TO THE TERMS OF THE APPLICABLE PUBLIC SOFTWARE LICENSE(S) AND THAT YOU ARE RESPONSIBLE FOR YOUR COMPLIANCE WITH THE TERMS OF SUCH PUBLIC SOFTWARE LICENSE(S). YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, PRIOR TO USING THE PUBLIC SOFTWARE FOR ANY OTHER PURPOSE, AND IN ANY CASE BEFORE COPYING, MODIFYING, OR DISTRIBUTING ANY PUBLIC SOFTWARE, YOU WILL CONFIRM THAT YOU HAVE ALL NECESSARY RIGHTS AND PERMISSIONS TO DO SO FROM THE APPLICABLE THIRD PARTY LICENSOR (THE "LICENSOR"), WHICH CONFIRMATION MAY INCLUDE OBTAINING A SEPARATE LICENSE FROM THE LICENSOR EXPRESSLY AUTHORIZING YOU TO DO SO.

 

3. AVAILABILITY OF SERVICE.

The Service may not be available in all countries and it may not be available for use in any particular location. You are responsible for following the laws in your state or country. MIVNET may make modifications to its features or any services to comply with laws and regulations. MIVNET owns all the proprietary rights and interests in the Service.

 

4. SUSPENSION OF TERMINATION OF YOUR ACCOUNT.

You agree that MIVNET may suspend or terminate your access to the Service without notice if: (a) MIVNET determines that you have violated this Agreement or (b) MIVNET is required to do so by any court or government authority in any country.

 

MIVNET may, upon such termination, deactivate or delete your account and any related data, information and files and bar any further access to such data, information and files. Such action may include, among other things, accessing your Content or data and/or discontinuing your use of the Service without refund or compensation.

 

You agree that MIVNET has no obligation to monitor your use of the Service but has the right to do so to ensure your compliance with this Agreement or to comply with any law, order or requirement of any court or government authority in any country.

 

You agree to comply with this Agreement even after you are no longer using the Service.

 

5. SERVICE FEES AND PAYMENT.

If You have registered to host a meeting on your own account and/or need to purchase credits for a meeting, then You agree that MIVNET may charge your credit card or bill you for all amounts due and owing for your use of the Service. You agree to notify MIVNET in writing of any disputed fees within fifteen (15) days from the date that your account is charged. MIVNET may suspend the Service for nonpayment of undisputed fees. MIVNET is entitled to recover a reasonable amount expended in connection with the collection of fees not paid when due. You agree to pay any taxes or governmental charges charged for your use of the Service. MIVNET may discontinue the Service or change the fees for the Service (including adding and deleting features) without notice.

 

6.   NO WARRANTIES.

To the maximum extent permitted by applicable law, you agree to use the Service at your own risk. You agree that MIVNET and its suppliers, resellers and affiliates will not be responsible for any harm to any device, any loss of data or any other harm that results from your use of the Service. MIVNET AND ITS SUPPLIERS, RESELLERS AND AFFILIATES DO NOT GUARANTEE THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE WITHOUT WARRANTIES OR CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY. MIVNET AND ITS SUPPLIERS, RESELLERS AND AFFILIATES DO NOT MAKE ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, QUIET ENJOYMENT OR NONINFRINGEMENT. THE LAWS OF CERTAIN STATES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE DISCLAIMERS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS THAT VARY FROM STATE TO STATE OR JURISDICTION TO JURISDICTION.

 

7. LIMIATION OF LIABILITY.

YOU AGREE THAT MIVNET, AND ITS SUPPLIERS, RESELLERS AND AFFILIATES WILL NOT BE LIABLE TO YOU OR ANY OTHERS FOR ANY CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE EVEN IF MIVNET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF MIVNET AND ITS SUPPLIERS, RESELLERS AND AFFILIATES TO YOU FOR ANY CLAIM WILL BE LIMITED TO THE AMOUNT PAID BY YOU TO MIVNET FOR THE SERVICE IN THE PREVIOUS TWELVE (12) MONTHS PRECEDING THE EVENT OR CIRCUMSTANCES GIVING RISE TO SUCH CLAIM EVEN IF ANY REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE. THE LAWS OF CERTAIN STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS THAT VARY FROM STATE TO STATE OR JURISDICTION TO JURISDICTION.

 

8.   CHANGES TO THIS AGREEMENT.

MIVNET may change the terms of this Agreement and recommends that you review them on a regular basis. If MIVNET makes a change to the terms, it will post the revised Agreement on its website. You agree that your continued use of the Service after this Agreement has been changed means that you have agreed to the changed terms.

 

9.     OTHER LEGAL TERMS.

9.1   Sometimes when you use the Service, you may also use a service or purchase goods provided or offered by another person or company. Your use of these other services or goods may be subject to separate terms between you and the company or person concerned, and you agree that MIVNET shall have no liability or obligation relating to those services or goods.

9.2   You agree to comply with all laws and regulations in connection with your use of the Service, including but not limited to: (a) with respect to personally identifiable information sent or received by you, all privacy laws and regulations, (b) laws relating to the recording of communications, including, when required, advising all participants (i) in a recorded MIVNET meeting or event that the meeting or event is being recorded and/or (ii) that Content or personal information is being transferred outside the European Economic Area, and (c) laws relating to the use of VoIP-based services. It is your responsibility to ensure that you have the right to use the Service where you are located as well as where your meeting invitees are located. You agree that the use of MIVNET is subject to U.S. and local export control laws and regulations. You represent that you are not a citizen of an embargoed country or a prohibited end user under applicable U.S. or local export and anti-terrorism laws, regulations and lists. You agree not to export, re-export, divert, transfer or disclose any portion of the Service or any related technical information or materials, directly or indirectly, in violation of any applicable export law or regulation.

 

9.3   This Agreement, including the documents referred to in this Agreement, constitutes the entire agreement regarding the Service and completely replaces any prior agreements. MIVNET may assign or delegate its obligations under this Agreement either in whole or in part without your prior consent.

9.4   Neither party will be responsible for failure of performance due to causes beyond its control such as accidents of God, labor disputes, shortage of materials, acts of terrorism, denial of service attacks or unauthorized network intrusions or the stability or availability of the Internet or a portion of the Internet.

9.5   You agree that if MIVNET does not exercise or enforce any legal right or remedy which is contained in this Agreement, this will not be taken to be a formal waiver of MIVNET's rights and that those rights or remedies will still be available to MIVNET.

9.6   If for any reason, a provision of this Agreement is held to be invalid, the remaining provisions will continue to be valid and enforceable.

9.7   This Agreement shall be governed by the laws of the State of Florida without regard to its conflict of laws provisions; any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to this Agreement shall be brought exclusively in the courts located in the County of Broward. You and MIVNET agree to submit to the personal jurisdiction of the courts located within the County of Broward, FL and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.

9.8 If you believe that MIVNET or any user of MIVNET has violated a copyright, please contact us for details on how to properly notify us of a potential copyright infringement or other intellectual property rights issue.

 

Whenever under the provisions of this Agreement, notice is required or permitted to be given, it shall be in writing, in English, and shall be deemed effective either when delivered: (i) personally; (ii) by courier (either messenger service, FedEx, UPS or DHL; or (iii), by registered or certified mail with postage prepaid, return receipt requested.   Notwithstanding anything to the contrary set forth in this Agreement, notices delivered on a Saturday, Sunday or legal holiday at the recipient’s location shall be effective on the next business day at the recipients location.  To be effective, all notices must be addressed to the party for whom the notice is intended or to such other addresses as a party shall hereafter designate in writing to the other party.

 

Last Revised 01-01-2017

 

If to Subscriber:

 

Company:
Contact:
Address:
City:
State/Province:
Country:
Telephone:
 
E-Mail

If to MIVNET:

 

MIVNET L.L.C.
ATTN: Mark Levy, Managing Director
PO Box 650098
Vero Beach, FL 32965-0098

 

Phone: 772 257-3357
Fax: 866 358-6226
E-Mail

With a copy to:

 

MIVNET L.L.C. c/o OPUS
ATTN: Mark Levy, Manager
1825 NW Corporate Blvd, Ste 110
Boca Raton, FL 33431

 

Phone: 772 257-3357
Fax: 866 358-6226
E-Mail

 

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