Website Terms of Use

Welcome to this website, a service of Vyve Broadband, LLC and its affiliates (collectively, “Vyve,” “we,” or “us”). The following terms and conditions, together with any documents that they expressly incorporate by reference (collectively, the “Website Terms of Use”), govern your access to and use of this website. Please read this Website Terms of Use carefully before you start to access or use this website. By proceeding to access or use this website, you accept and agree to be bound and abide by this Website Terms of Use. If you do not agree to or wish to be bound by this Website Terms of Use, you must not access or use this Website. We may change the Website Terms of Use from time to time and such modified terms shall be effective immediately upon posting. Your continued access to or use of this website shall be deemed your conclusive acceptance of this Website Terms of Use and any modifications thereto.

Contents & Linking

The material that appears on this website is for general informational purposes only. While we try to ensure that any information we post to this website is both timely and accurate as of the time it is published or posted, errors may appear from time to time. This website may not be updated daily, and certain information may not be the most current information available.

Vyve is not responsible for, and cannot guarantee the performance of, any products and services provided by any advertisers or others to whose sites we may link. A link to another website does not constitute an endorsement of that site (nor of any product, service or other material offered on that site) by Vyve or its licensors.

Although we make this website freely accessible, we don’t intend to give up our rights, or anyone else’s rights, to the materials appearing on this website. The materials available through this website (excluding any content that you may provide) are the property of Vyve or its licensors, and are protected by copyright, trademark and other intellectual property laws. Except for the limited licenses expressly granted to you in this Website Terms of Use, Vyve and its licensors expressly reserve all other rights and licenses. You are free to display and print for your personal, non-commercial use information you receive through this website, but you may not otherwise reproduce or modify any of the materials without the prior written consent of their owner.

We welcome links to our website’s homepage. You are free to establish a hypertext link to the homepage of this website so long as the link does not state or imply any affiliation, connection, sponsorship, or approval of your site by Vyve.

Trademarks

You may not use any trademark or service mark appearing on this website without the prior written consent of the owner of the mark. Vyve and the Vyve design logo are registered trademarks and/or service marks of Vyve and its affiliates. Other trademarks appearing on this website or other sites linked to from this website are the property of their respective owners.

Ordering Products & Services

You may order certain Vyve products and services through this website. All orders you make through this website are subject to the availability, terms, and other conditions that apply to the particular products and services at the time you place your order. All products and services, their contents, availability, and pricing are subject to change at any time with or without notice. Please fully read the terms and disclaimers accompanying any products or services that you order through this website.

Feedback; Submissions & Postings; Disclosure

Vyve welcomes your feedback about this website and our products and services, or to bring to our attention any material you believe to be inaccurate. If you would like to communicate with us directly, you may do so using the methods detailed on the Contact Vyve page of the website, and we will, when appropriate, respond to you. Any communications you send to this website or otherwise to Vyve are deemed to be submitted on a non-confidential basis and become the sole property of Vyve. Vyve may, in its sole discretion, reproduce, use, publish, modify, disclose, distribute, or otherwise use these communications in any way and for any purpose. All such uses by Vyve shall be without liability or obligation of any kind to you. These uses may include, for example, use of the content of any such communications, including any works, marks or names, ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose without any obligation to compensate the originator of such communications and without liability to that person.

Indemnification

You agree to indemnify, defend, and hold harmless Vyve (including its parents, subsidiaries, and affiliates and all of their respective officers, directors, employees, agents, licensors, suppliers and any third-party information providers) against all claims, losses, expenses, damages and costs (including reasonable attorney fees) resulting from any breach by you of this Website Terms of Use or other unauthorized use of this website. At our expense and election, we reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you and you agree to cooperate with Vyve in connection with our defense.

Disclaimer of Warranties and Liability

YOU AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH THIS WEBSITE, AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE INTERRUPTIONS, DELAYS, OMISSIONS, INACCURACIES, OR OTHER PROBLEMS WITH SUCH INFORMATION. IF YOU RELY ON THIS WEBSITE OR ANY MATERIAL AVAILABLE THROUGH THIS WEBSITE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL AND/OR DATA DOWNLOADED, WHETHER KNOWN OR UNKNOWN, FROM OR OTHERWISE PROVIDED THROUGH THIS WEBSITE.

THIS WEBSITE IS PROVIDED TO YOU “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” VYVE AND ITS AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, USEFULNESS, TIMELINESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE WEBSITE, NOR DO THEY GUARANTEE THAT THE WEBSITE WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

UNDER NO CIRCUMSTANCES SHALL VYVE (INCLUDING ITS PARENTS, SUBSIDIARIES, AND AFFILIATES) OR ITS AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF ANY USE OR MISUSE OF THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, EVEN IF ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF THE FORM OR CAUSE OF ACTION INCLUDING, BUT NOT LIMITED TO, CONTRACT, NEGLIGENCE, AND OTHER TORT ACTIONS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF VYVE AND ITS AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW. YOU AGREE THAT THE LIABILITY OF VYVE (INCLUDING ITS PARENTS, SUBSIDIARIES, AND AFFILIATES) AND ITS AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THIS WEBSITE SHALL NOT EXCEED THE AMOUNT YOU PAID TO VYVE FOR THE USE OF THIS WEBSITE.

Termination

We reserve the right to withdraw or amend this website, and any service or material we provide on the website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the website is unavailable at any time or for any period. Vyve reserves the right at any time to terminate your use of this website if you fail to comply in full with any term of this Website Terms of Use, or any other terms, agreements, or policies that apply to this website and the use of it.

Miscellaneous

To obtain access to certain services and/or to order services on the website, you may be required to register and or provide your name and other information. You agree that the information you supply during any registration or ordering process will be accurate and complete and that you will not register under the name of, nor attempt to enter the service under the name of, another person. Vyve reserves the right to reject or terminate any order, service, user name or password for any reason or no reason, in its sole discretion.

All matters relating to this website and this Website Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction). By using this website, you consent to the exclusive jurisdiction of the state and federal courts in New York County, New York in all disputes arising out of or relating to this Website Terms of Use or Vyve’s website. In the event that any portion of this Website Terms of Use is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect.

We hope you enjoy using Vyve’s website.