Terms & Conditions
1. ACCEPTANCE OF TERMS
Vello Corporation ("Vello") provides its Services and Products to you, subject to the following Terms and Conditions ("TAC"), which may be updated by us from time to time without notice to you. You can review the most current version of the TAC at any time at this page (www.myvello.com/terms.html). Please read these TAC carefully before installing, accessing, or otherwise using the Services and/or Products. By installing, accessing, or otherwise using the Services and Products, you agree to be bound by the TAC. This is a legally binding Agreement. If you do not agree with the TAC in this Agreement, do not use the Services.
2. DESCRIPTION OF SERVICE
Vello provides text, audio, and web-based conferencing services and products with related standards and enhanced conferencing features (the "Service"). This Service is available through the Vello website and/or non-browser application. Vello authorizes you to use the website and/or non-browser application and access the Service on the condition that you comply fully with the TAC. You understand and agree that the Service may include certain communications from Vello, such as service announcements and administrative messages, and that these communications are considered part of Vello membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, shall be subject to the TAC. You also understand and agree that the Service may include advertisements and that these advertisements are necessary for Vello to provide the Service. You understand and agree that the Service is provided "AS-IS" and that Vello assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet Service Provider fees or charges). In addition, you must provide and are responsible for all equipment necessary to access the Service.
3. SERVICE DISTINCTIONS
You acknowledge and understand that Vello is not providing a telephone service. Important distinctions (some, but not necessarily all, of which are described in this Agreement) exist between telephone service and the Service provided by Vello. The Service is subject to different regulatory treatment than telephone service. This treatment may limit or otherwise affect your rights of redress before Federal, State or Provincial telecommunications regulatory agencies. You understand that the technical processing and transmission of Vello's Service, including content you post, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
4. YOUR REGISTRATION OBLIGATIONS
In order to use the Vello service, a user must first complete a registration form. In consideration of your use of Vello's Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by Vello's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Vello has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Vello has the right to suspend or terminate your account and refuse any and all current or future use of Vello's Service (or any portion thereof).
5. MEMBERSHIP ELIGIBILITY
Vello's services are available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. Vello Services are not available to temporarily or indefinitely suspended Vello members.
Without limiting the foregoing, children (persons under the age of 18) may not open their own Vello account. Vello is concerned about the safety and privacy of all its users, particularly children. For this reason, parents of children under the age of 18 who wish to allow their children access to the Service must add their children to their own individual Vello account. When you add your child to your account, you certify that you are at least 18 years old and that you are the legal guardian of the child/children listed as an additional user on your Vello account. By adding a child to your Vello Account, you also give your child permission to access all of the Services. If you are under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use Vello's website or non-browser application.
Your Vello account and User ID (which is the same as your email address) may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.
6. FEES AND CREDIT POLICY
Vello charges customers for products and services, and credits owing. Vello's Surcharges include charges to recover or help defray costs of taxes and of governmental charges and fees imposed on us, including a Regulatory Charge (which helps defray costs of various regulatory mandates, including government number administration and license fees) and a Federal Universal Service Charge (and, if applicable, a State Universal Service Charge) to recover costs imposed on us by the government to support universal service, and may include other charges also related to our governmental costs. It also includes an Administrative Charge, which helps defray certain costs we incur, currently including (i) charges we, or our agents, pay local telephone companies for delivering calls from our customers to their customers, (ii) fees and assessments on network facilities and services, and (iii) certain costs and charges associated with proceedings related to new cell site construction. These charges, and what's included, are subject to change from time to time. Taxes, Governmental Surcharges and Fees includes sales, excise, and other taxes and governmental surcharges and fees that we are required by law to bill customers. These taxes, surcharges and fees may change from time to time without notice. A Late Payment Fee applies for unpaid balances. The charge is the greater of US$10, or 1.5% per month, or as permitted by law.
Vello measures your calls in full minutes. That means partial minutes are rounded up to the next full minute. For example, a 15-second call is billed as one full minute. A one-minute, 20-second call is billed as two full minutes. Time starts when you first press SEND or the call connects to a network on outgoing calls, and when the call connects to a network (which may be before it rings) on incoming calls. Time may end several seconds after you press END or the call otherwise disconnects. For calls made on our Service, we only bill for calls that connect (which includes calls answered by machines).
Vello is a nonrefundable, non-returnable, non-exchangeable service. All purchases are final. You agree to provide Vello with a valid credit card number (Visa, MasterCard, Diners Club, Discover, American Express or any other issuer then-accepted by Vello) when your Vello account is activated. Vello reserves the right to stop accepting credit cards from one or more issuers. If the card expires, you close your account, your billing address changes, or the card is cancelled and replaced owing to loss or theft, you agree to advise Vello immediately.
Vello may change its Fees and Credits Policy and the fees for its services from time to time. Changes to the policy are effective after Vello provides you with at least seven (7) days notice of the changes by posting the changes on the Vello website. However, Vello may choose to temporarily change Vello's Fees and Credits Policy and the fees for Vello's services for promotional events and such changes are effective when we post the temporary promotional event on the Site. Vello may, in its sole discretion, change some or all of our services at any time. In the event Vello introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees associated with using Vello's service.
You agree to notify Vello in writing within thirty (30) days after receiving your credit card statement if you dispute any Vello charges on that statement or such dispute will be deemed waived. You may notify Vello of any billing disputes via email by sending an email to info@myvello.com. Alternatively, you may also notify Vello of any billing disputes by sending a letter to the attention of the Chief Financial Officer at 191 Castro Street Suite 200, Mountain View, CA 94041.
7. MEMBER ACCOUNT AND PASSWORD SECURITY
You will receive a password and account designation upon completing Vello's registration process. You are responsible for maintaining the confidentiality of the password and account, and are entirely responsible for any and all activities that occur under your account. Vello will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Vello or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder. You agree to (a) immediately notify Vello of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Vello cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 7.
8. VELLO PRIVACY POLICY
Registration Data and certain other information about you are subject to Vello's Privacy Policy. For more information, see Vello's full privacy policy at www.myvello.com/privacy.html. You understand that through your use of Vello's service you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by Vello and its successors.
9. MEMBER CONDUCT
You understand that all messages are the sole responsibility of the person from which such message originated. This means that you, and not Vello, are entirely responsible for the content and context of all messages that you make available via Vello's Service. Vello messages are designed to enable you to communicate with others. By way of example, and not as a limitation, you agree that when using Vello, you will not:
A. Use Vello's Service in connection with contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
B. Transmit or otherwise make available any message that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, profane, obscene, indecent, vulgar, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable.
C. Impersonate any person or entity, including, but not limited to, a Vello official, or otherwise misrepresent your affiliation with a person or entity;
D. Advertise or offer to sell or buy any goods or services for any business purpose, unless you have entered into a special agreement with Vello.
E. Restrict or inhibit any other user from using and enjoying Vello.
F. Harvest or otherwise collect information about others, including telephone numbers.
G. Violate any applicable laws or regulations.
H. Harm minors in any way;
I. Transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
J. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
K. Provide information through a message to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to the Immigration and Nationality Act, 8 U. S.C. § 1189; or
L. "Stalk" or otherwise harass another individual through the use of Vello's Service.
10. ILLEGAL OR HARMFUL USE
You may access and use the Vello Website and Service only for lawful purposes. You are responsible for any transmission you send, receive, post, access, or store via our Service, including the content of any communication. Transmitting, distributing, or storing any material that violates any applicable law is prohibited. Additionally, the following non-exhaustive list details the kinds of illegal or harmful conduct that are prohibited:
A. Infringement of intellectual property rights or other proprietary rights including, without limitation, material protected by copyright, trademark, patent, trade secret or other intellectual property right. Infringement may result from the unauthorized copying, distribution and/or posting of pictures, logos, software, articles, musical works, and videos.
B. Disseminating or posting material that is unlawful, libelous, defamatory, obscene, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable.
C. Illegally exporting materials including, without limitation, violations of the Export Administration Act and the Export Administration Regulations administered by the Department of Commerce.
D. Offering or disseminating fraudulent goods, services, schemes, or promotions (e.g., make-money-fast schemes, chain letters, and pyramid schemes).
E. Violating the rules, regulations, or policies that apply to any third-party network, server, computer database, or website that you access.
F. Disseminating or posting harmful content including, without limitation, viruses, Trojan horses, worms, time bombs, zombies, cancelbots or any other computer programming routines that may damage, interfere with, secretly intercept or seize any system, program, data or personal information.
G. You may not distribute, publish, or send through our Service: (1) unsolicited advertisements, solicitations, commercial e-mail messages or promotional messages of any kind (commonly referred to as "spam"); (2) unsolicited informational announcements; (3) chain mail; (4) numerous copies of the same or substantially similar messages; (5) empty messages; (6) messages which contain no substantive content; or (7) very large messages or files that disrupt a server, account, newsgroup, or chat service. Vello will immediately terminate any account that it believes, in its sole discretion, is transmitting or is otherwise connected with any unsolicited bulk Vello messages. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then you agree to pay Vello liquidated damages of US$50 for each bulk message transmitted from or otherwise connected with your account, otherwise you agree to pay Vello's actual damages, to the extent such actual damages can be reasonably calculated.
H. You may not (1) participate in collecting e-mail addresses, screen names, or other identifiers of others (without Vello's prior written consent), a practice sometimes known as spidering or harvesting; (2) participate in using software (including "spyware") designed to facilitate such activity; (3) collect responses from unsolicited messages; or (4) use any of our mail servers or another site's mail server to relay mail without the express permission of the account holder or the site.
11. WEBSITE AND SERVICE SECURITY
You may not violate the security of our Website or Service in any way. Such violations may result in criminal or civil liability. Vello may, but is not obligated to, investigate any violation of our Website or Service. Vello may cooperate with law enforcement where criminal or unauthorized activity is suspected. By using Vello products and services or sending, receiving, posting, accessing, or storing any electronic transmission via our Service, you agree to cooperate, as well, in any such investigation. Examples of Website and Service security violations include, without limitation:
A. Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without the express prior authorization of the owner of the system or network.
B. Unauthorized monitoring of data or traffic on any network or system without the express prior authorization of the owner of the system or network.
C. Interference with service to any user, host or network including, without limitation, denial-of-service attacks, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system, and broadcast attacks.
D. Using, selling, or distributing in conjunction with the Services, any computer program designed to conceal the source or routing information of electronic mail messages in a manner that falsifies an Internet domain, header information, date or time stamp, originating e-mail address, or other identifier.
E. Using manual or electronic means to avoid any limitations established by Vello or attempting to gain unauthorized access to, alter, or destroy any information that relates to any Vello customer or other end-user. Vello may, but is not obligated to, take any action it deems necessary to protect its Website and Service, its rights or the rights of its customers or third parties, or (2) optimize or improve its Website, Service, systems, and equipment. You acknowledge that such action may include, without limitation, employing methods, technologies, or procedures to filter or block messages sent through the Website or Service. Vello may, in its sole discretion, at any time, filter "spam" or prevent "hacking," "viruses" or other potential harms without regard to any preference you may have communicated to us.
12. INVESTIGATION AND ENFORCEMENT OF THE TERMS AND CONDITIONS
All users of the Services must adhere to the TAC. We have the right, but are not obligated, to strictly enforce the TAC through self-help, active investigation, litigation and prosecution.
We may also access and disclose any information (including transactional information) related to your access and use of our Website or Service for any lawful reason, including but not limited to: (1) responding to emergencies;' (2) complying with the law (e.g., a lawful subpoena); (3) protecting our rights or property and those of our customers; or (4) protecting users of those services and other carriers from fraudulent, abusive, or unlawful use of, or subscription to, such services. INDIRECT OR ATTEMPTED BREACHES OF THE TAC, AND ACTUAL OR ATTEMPTED BREACHES BY A THIRD PARTY ON BEHALF OF A COMPANY, CUSTOMER, OR USER, MAY BE CONSIDERED BREACHES OF THIS POLICY AND AGREEMENT BY SUCH COMPANY, CUSTOMER OR USER.
13. COMPLIANCE WITH APPLICABLE LAWS
Unless otherwise specified, the Vello Service is for your personal and noncommercial use. You are solely responsible for complying in all respects with all applicable federal and state telemarketing laws, rules, and regulations. This includes, but is not limited to, the Federal Trade Commission and the Federal Communications Commission National Do Not Call Registry rules and regulations, and State Do Not Call List rules; the Pre-Recorded Messages Rule; the Federal Telephone Consumer Protection Act of 1991, and any amendments thereto, at 47 U.S.C. § 227; the Federal Communication's implementing regulations, at 47 C.F.R. § 64.1200 et seq., and any other similar laws. You agree that Vello will not be held responsible for damages to you, or any third party, incurred due to your failure to abide by State and/or Federal laws. Please refer to the Federal Communications Commission web site at http://www.fcc.gov and the Federal Trade Commission Web site at http://www.ftc.gov. Please refer to the appropriate State Attorney Generals office or other applicable offices for rules and or regulations pertaining to your intended use of Vello's service.
14. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Vello content. Specifically, you agree to comply with all applicable laws including but not limited to, the transmission of technical data imported into the United States or exported to a country outside the United States.
15. REFUSAL OF SERVICE
You acknowledge that Vello has no obligation to monitor messages. Vello does, however, reserve the right in its sole discretion to pre-screen, refuse, or remove any content in a Vello message. Without limiting the foregoing, Vello and its designees shall have the right to remove any content that violates the TAC or is otherwise objectionable. Vello may offer you use of a template containing pre-typed content for a Vello message. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. In this regard, you acknowledge that you may not rely on any content created by Vello or delivered by Vello.
You acknowledge, consent and agree that Vello may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TAC; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Vello, its users and the public.
16. TERMINATION OF MEMBERSHIP BY VELLO FOR CAUSE
You agree that Vello may, under certain circumstances and without prior notice, immediately terminate your Vello account, any associated Vello address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TAC or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) discontinuance or material modification to the Service (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engaging in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the Services. Termination of your Vello account includes (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in Vello's sole discretion and that Vello shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Service.
As indicated above, Vello may terminate or suspend your access to the Vello Site/Service for inactivity, which is defined as failing to log into a particular service for an extended period of time, as determined by Vello, but not less than one year. Upon termination of the Vello Site/Service, your right to use the Vello Site/Service immediately ceases. Following termination, Vello shall have no obligation to send any message to you or any third party. Vello is not obligated to refund any amount of money remaining on your account when the account is terminated.
17. VOLUNTARY TERMINATION BY USER
You may voluntarily terminate your membership at any time by providing written notice to Vello via email info@myvello.com, or regular mail
18. DISCRETIONARY TERMINATION BY VELLO WITHOUT CAUSE
Vello may terminate your membership without cause at any time upon ten (10) days written notice sent to the last mailing address listed on your Vello membership application. In the event of a discretionary termination by Vello, you shall be entitled to a refund of the unused portion of any prepaid fees. Vello will not issue refunds in any other form than a direct credit to the debit or credit card linked to your Vello account. The refund provided for in this paragraph applies only to discretionary terminations without cause by Vello, and no refund shall be applicable in the case of terminations for cause by Vello or in the case of a voluntary termination by the user. The foregoing provisions to the contrary notwithstanding, Vello can immediately terminate your membership for cause for breach of the TAC as provided above.
19. LIMITATION OF LIABILITY
Vello does not control the content sent via the Service and, as such, does not guarantee the accuracy, integrity or quality of such content. Under no circumstances will Vello be liable in any way for any content, including, but not limited to, for any errors or omissions in any message, or for any loss or damage of any kind incurred as a result of the use of any message posted or otherwise made available via the Service. You expressly understand and agree that Vello shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if Vello has been advised of the possibility of such damages), resulting from your failure to abide by the terms in this TAC.
You specifically agree that Vello shall not be responsible for unauthorized access to or alteration of your messages, or any messages sent or not sent. You specifically agree that Vello is not responsible for any message sent using and/or included in a Vello message by any third party. In no event shall Vello be liable for any direct, punitive, incidental, special, consequential damages or any damages whether based on contract, tort, negligence, strict liability or otherwise, arising out of: (i) the use or the inability to use the service; (ii) unauthorized access to or alteration of your messages; (iii) any other matter relating to the use of Vello's service.
20. INDEMNITY
You agree to indemnify and hold Vello's subsidiaries, affiliates, officers, agents, or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of a Vello message you post and transmit through Vello's Service, your status as a Vello member, your violation of the TAC, or your violation of any rights of another.
21. DISCLAIMER OF WARRANTIES AND LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH A VELLO WEBSITE OR SERVICE. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. VELLO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. VELLO MAKES NOT WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS, (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY INFORMATION OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (E) ANY ERRORS IN SOFTWARE WILL BE CORRECTED.
22. EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of sections 19 and 20 may not apply to you. If any provision of the TAC is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the other provisions of the TAC remain in full force and effect and the court should endeavor to give effect to the parties' intentions as reflected in the provision.
23. VELLO'S PROPRIETARY RIGHTS
You acknowledge and agree that Vello and any necessary software used in connection with the Vello's Service ("Software") contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that the nonbrowser application presented to you through Vello's Service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Vello or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on Vello or the Software, in whole or in part.
Vello grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Vello for use in accessing the Service.
24. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Vello may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that Vello messages, or other queued messages will be retained by Vello, the maximum number of Vello messages that may be sent from an account, the maximum size of any Vello message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on Vello's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Vello has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You further acknowledge that Vello reserves the right to modify these general practices and limits from time to time.
25. MODIFICATIONS TO SERVICE
Vello reserves the right at any time and from time to time to modify, suspend, or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Vello shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
26. LINKS TO THIRD PARTY SITES
Vello may provide, or third parties may provide, links to other websites or resources. Because Vello has no control over such sites and resources, you acknowledge and agree that Vello is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Vello shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
27. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TAC, there shall be no third party beneficiaries to this Agreement.
28. GENERAL INFORMATION
A. Entire Agreement. The TAC constitute the entire agreement between you and Vello and governs your use of the Service, superseding any prior agreements between you and Vello with respect to the Service.
B. Choice of Law and Forum. The TAC and the relationship between you and Vello shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Vello agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California.
C. Waiver and Severability of Terms. The failure of Vello to exercise or enforce any right or provision of the TAC shall not constitute a waiver of such right or provision. If any provision of the TAC is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the other provisions of the TAC remain in full force and effect and the court should endeavor to give effect to the parties' intentions as reflected in the provision.
D. No Right of Survivorship and Non-Transferability. You agree that your Vello account is non-transferable and any rights to your Vello I.D. or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
E. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TAC must be filed within one (1) year after such claim or cause of action arose or be forever barred.
29. VIOLATIONS
You agree to report any violations of the TAC immediately to the Vello Customer Care group at the following email address: info@myvello.com.