Vtomic Terms of Service

Last updated: March 1, 2017

Welcome to Vtomic! We're glad you're here. It is our pleasure to be serving you with our simple & protected, on-site & off-site managed backup service.

Please read these Terms and Conditions ("Terms", "Terms of Service","Terms and Conditions") carefully before using the​ https://www.vtomic.com ​web site and the Vtomic in-house backup server array (the "Service") operated by ​Vtomic, LLC ("us", "we", or "our") and let us know if you have any questions.

By using Vtomic, you agree to be bound by these Terms. If you're using Vtomic on behalf of an organization, you agree to these Terms on behalf of that organization. These Terms apply to all visitors, users and others who access or use the Service.

Content
All content on Vtomic is protected by United States of America intellectual property laws.

The data you sync to Vtomic, on-site & off-site, is yours and yours alone. You give us permission to use your data for the sole necessary purpose to provide our services, including storing, displaying, reproducing, and distributing those materials, for yours and yours alone.

You're solely responsible for the data you sync to Vtomic and assume all risks associated with said data, including intellectual property or other legal claims. By storing files with Vtomic, you represent that you hold the necessary rights to that material and that doing so doesn't conflict with any licenses you've provided to others or licenses allowed to you.

Your data resides only in the United States of America.

Your data will not leave the United States of America for any reason without a signed consent form.

Prohibited Activities
Vtomic strives to maintain a great service. To that end, we require you to respect these limitations, and we may terminate your account if you don't follow them.

  • Don't use Vtomic in a manner that violates any laws, regulations, ordinances, or directives.
  • Don't use Vtomic contrary to our policies.
  • Don't use Vtomic to do anything threatening, abusive, harassing, defamatory, tortious, or invasive of another person's privacy.
  • Don't interfere with the proper functioning of any software, hardware, or equipment on Vtomic.
  • Don't engage in any conduct that inhibits anyone else's use or enjoyment of our services, or which we determine may harm Vtomic or our users.
  • Don't monitor or copy any material on Vtomic, either manually or through automated means (i.e., scraping), without prior written consent.

Third Party Sites, Software, and Services
As you use Vtomic services, we may make available, solely as a convenience for you and individually at your election third-party software and or services. Vtomic is not liable or responsible for claims damages or losses arising out of or related to your use of any third party site(s), software, and services. Vtomic may contain links to websites, services, and advertisements that we neither own nor control.

Delinquent Payments
We reserve the right to suspend or terminate your access to and use of the Services if you are delinquent, 30 days overdue, on your account.

Subscriptions
Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring basis.

Our Rights
We're always working to improve Vtomic and make our services better, so we do reserve some rights. In our sole discretion, we may, at any time—with or without notice—change, eliminate or restrict access to our services, and modify, suspend, or terminate a user account. Vtomic is not liable for any damages as a result of these actions.

Children
Vtomic is only for users 13 years old and older. If we become aware that a child under 13 has created an account, we will terminate that account.

Disclaimers
Provided services by Vtomic are "as is" without any warranties, expressed or implied.

Vtomic disclaims all warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement. (Some states don't allow these disclaimers, so this provision might not apply to you.)

Limitation of Liability
To the fullest extent allowed by law, Vtomic shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from (A) your access to, use of, inability to access, or inability to use Vtomic; (B) any third party conduct or content on Vtomic, including any defamatory, offensive, or illegal conduct of third parties; or (C) any unauthorized access, use, or alteration of your content. (Some states don't allow these limitations, so this provision might not apply to you.)

Arbitration
We like to resolve disputes fairly, quickly, and easily. Toward that end, if you have any issue with Vtomic, please contact us and we’ll work with you in good faith to try to resolve the matter.

If we can’t work out the problem informally, and if you are a resident of or have your principal place of business in the United States or Canada, you and Vtomic agree to resolve any claim against each other through final and binding arbitration, including claims against Vtomic affiliates, officers, directors, employees and agents, and Vtomic affiliates’ officers, directors, employees and agents.

You and Vtomic agree to submit the dispute to a single arbitrator under the Commercial Arbitration Rules of the American Arbitration Association (AAA) including the Optional Rules for Emergency Measures of Protection and the Supplementary Procedures for Consumer-Related Disputes, or, by separate mutual agreement, to another arbitration institution. The AAA's rules and a description of the arbitration process are available at www.adr.org. The arbitration will be held in Wyoming, or any other location both parties agree to in writing and the allocation of fees and costs shall be determined under the AAA rules, except that Vtomic will reimburse you for all AAA administrative fees in disputes that are subject to the Supplementary Procedures for Consumer-Related Disputes, unless the arbitrator determines that a claim or counterclaim was filed for purposes of harassment or is patently frivolous.

The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees, and reasonable costs for expert and other witnesses. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

The Federal Arbitration Act governs all disputes between you and Vtomic. The arbitrator will decide whether a dispute can be arbitrated.

If you opt out of the arbitration agreement (as provided below), or if the arbitration agreement is found to be unenforceable, or if you neither are a resident nor have a principal place of business in the United States or Canada, you agree to resolve any claim you have with Vtomic exclusively in a state or federal court located in Wyoming, and to submit to the personal jurisdiction of those courts for purpose of litigating all such disputes.

Nothing shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property, or unauthorized access to the services.

Class Action and Trial Waiver
You and Vtomic agree that each may bring disputes against the other only in an individual capacity and not on behalf of any class of people. You and Vtomic agree not to participate in a class action, a class-wide arbitration, claims brought in a representative capacity, or consolidated claims involving another person's account. You and Vtomic agree not to combine a claim subject to arbitration under this agreement with a claim that is not eligible for arbitration under this agreement. You and Vtomic agree to waive the right to a trial by jury for all disputes.

Your Right to Opt Out of Arbitration
You may opt out of the agreement to arbitrate. If you do so, neither you nor Vtomic can require the other to participate in an arbitration proceeding. To opt out, you must notify Vtomic within 90 days of the date that you first agreed to these Terms. To opt out by mail, send your written opt-out notice to this address:

Vtomic, LLC
c/o Arbitration Opt-Out
30 N Gould St Ste R
Sheridan, WY 82801

Your written opt-out notice must include:

  1. Date sent
  2. Your name, business name if business and residence or business address
  3. The email address associated with your account
  4. A clear statement that you want to opt out of this arbitration agreement
  5. Your signature

Governing Law and Jurisdiction
These Terms will be governed by the laws of the State of Wyoming, except for its conflict of laws principles.

For claims that aren't subject to arbitration, we each agree to submit to the personal jurisdiction of a state court located in Sheridan, Wyoming or in the United States District Court of Wyoming.

No Class Actions
You may bring disputes only on an individual basis and not in a class, consolidated, or representative action.

Governing Law and Jurisdiction
These Terms will be governed by the laws of the State of Wyoming, except for its conflict of laws principles.

For claims that aren’t subject to arbitration, we each agree to submit to the personal jurisdiction of a state court located in Sheridan, Wyoming or in the United States District Court of Wyoming.

Entire Agreement
These Terms and our Privacy Policy constitute the entire agreement between you and Vtomic. If any provision of these Terms is found to be unenforceable, the remaining provisions of these Terms will remain in full force and effect.

No Waiver
No waiver of any provision of these Terms shall be a further or continuing waiver of that term. Vtomic's failure to assert any right or provision under these Terms does not constitute a waiver of that right or provision.

Modification
The Terms may be modified from time to time. The date of the most recent revisions will always be at https://www.vtomic.com/terms. If we make changes that we believe will substantially alter your rights, we will notify you. You'll agree to accept any changes or revisions to the Terms by continuing to use Vtomic.

Contact
We welcome all questions, concerns, and feedback you might have about these terms. If you have suggestions for us, let us know at legal@vtomic.com.

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