VIA.site Terms of Service

Last Updated: September 2025

These Terms of Service ("Terms", this "TOS", or this "Agreement") is an agreement between Via AI Growth LLC ("Via", "us" ', "we", "our") and you ("Customer", "Client", "you", "your", "they"). Use of any Via services constitutes acceptance and agreement to this TOS as well as the [Via Acceptable Use Policy and Privacy Policy].

Via reserves the right to refuse service to anyone.

THIS AGREEMENT INCLUDES IMPORTANT INFORMATION ABOUT YOUR LEGALRIGHTS. WITHOUT LIMITATION, IT COVERS AREAS SUCH AS AUTOMATIC SUBSCRIPTION RENEWALS, WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY, THE RESOLUTION OF DISPUTES BY ARBITRATION AND A CLASS ACTION WAIVER.

Service

The features and details of the services governed by these Terms are more fully described on our website at "www.via.site". They relate to Via developing/building a website, registering the website with Google and assisting in hosting the website. Throughout this TOS, the aspects of the services provided to you by Via, are referred to collectively as the "Service." Certain parts of the Service may be provided by third-party vendors such as access to on-line domains.

Our web-based Service allows users who register for an account (each an "Account Holder") to have our company create and update an online website. Once registered, each Account Holder receives his or her own website (a "Site"). Any new features on the Service shall be subject to these Terms. The Service may include certain communications from us, such as service announcements and administrative messages. You may not access the Service by any means other than through the Service interfaces we provide you.

IMPORTANT: : Our Service is not intended for companies located in or drawing traffic from outside of the United States. It is your responsibility to ensure compliance with privacy laws in such locations and, as set forth in further detail below, Via disclaims any warranty or assurance concerning its services and their compliance with state, local, federal and foreign law. This includes compliance with the Americans With Disabilities Act and general Privacy regulations. It is up to you to decide if you wish to directly administer your website and update it.

Contact Information

As part of providing you with the Service, you are required to provide us with accurate and up-to-date information when setting up your account. During the course of our business relationship, we will communicate with you by e-mail about the Service from time to time. You agree to provide us with an email address that is active and monitored on a daily basis. It is your obligation to ensure that our records accurately reflect the correct ownership and control of the Service.

Service Changes

Via reserves the right to amend its service offerings and add, delete, suspend, or modify the Service and Service fees at any time at its sole discretion, and reserves the right to determine whether and when any such changes apply to both existing and future customers.

Term, Service Fees, and Automatic Renewals

Via reserves the right to amend its service offerings and add, delete, suspend, or modify the Service and Service fees at any time at its sole discretion, and reserves the right to determine whether and when any such changes apply to both existing and future customers.

Service is provided on a prepayment basis, and the date of the initial online order for Services will set the Account anniversary date for all future billings of Service Fees. Service Fees are fully earned when due and non-refundable when paid. Customer agrees that Via will charge all Service Fees to the debit or credit card supplied by Customer, as same may be amended or replaced from time to time. All payments shall be made in US Currency. The Service Fees do not include any applicable sales, use, revenue, excise, or other taxes imposed by any taxing authority with respect to the Services provided hereunder. If applicable, all taxes will be paid by the Customer.

Via may change our Service Fees from time to time at our sole discretion. Any price changes will take effect no earlier than sixty (60) days after we provide notice to you. Your continued use of the Service after the Service Fee change takes effect constitutes your acceptance of the new price. We do not require your explicit consent to implement these changes.

Termination

This Agreement will remain in effect until terminated by either you or us in accordance herewith. You may terminate this Agreement at any time by emailing info@via.site with your company name and cancellation notice. We reserve the right to change, suspend or discontinue, or terminate, restrict or disable your use of or access to, parts or all of the Services or their functionality at any time at our sole discretion and without notice. For example, we may suspend or terminate your use of part or all of the Services if you violate these Terms or our Acceptable Use Policy. We will endeavor to provide you reasonable notice upon suspending or terminating part or all of the Services. All sections of this Agreement that by their nature should survive termination shall survive termination, including without limitation the following sections in these Terms and any similar sections or provisions in the rest of this Agreement: (i) Privacy; (ii) Via Intellectual Property; (111) Indemnification; (iv) Disclaimer of Warranty; (v) Limitation of Liability (vi) LEGAL DISPUTES: BINDING ARBITRATION/CLASS ACTION WAIVER AND CHOICE OF LAW; (vii) No Waiver; (viii) Survival; and (ix) SMS and Auto-Dialed/Pre-Recorded Calls.

Terminations are effective sixty (60) days after providing notice of termination. Unless required under the law to retain such items, all Customer files and data remaining on Via servers after the cancellation date will be destroyed and unrecoverable for security and privacy reasons.It is the Customer's responsibility to back-up your files and data before requesting Cancellation. Via is not responsible, and Customer agrees to hold Via harmless from any liability or damage that Customer or any third party may sustain, should Customer files and data be destroyed after site cancellation. To the extent reasonably possible, and upon written request, Via will work to assist in transferring Sites to Customer that Customer hired us to create. There may be a cost associated with such transfer.

Refunds

While you may cancel our Service at any time with sixty (60) days' written notice, you won't be issued a refund except in our sole discretion, or if legally required.

Non-Payment

All payments are due in full on the monthly anniversary date. Failure to remit payment for services on the anniversary date is a violation of this TOS. Failure to remit an on-time payment shall result in a suspension of access to the website services. Failure to remit payment for services within ten (10) consecutive days, including the anniversary date, shall result in termination of this Agreement. All files and data remaining after twenty-five (25) days of non-payment may be destroyed and unrecoverable for security and privacy reasons, unless otherwise required by law to retain them.

Compliance with State and Federal Laws

Customer agrees to comply with state/federal laws and regulations governing the sale of goods and services, including, but not limited to the Telemarketing Sales Rule, 16 CFR Part 310 (TSR), Telephone Consumer Protection Act (TCPA), including 1-to-1 consent, CAN-SPAM Act of 2003, 15 U.S.C. 7701 et seq., the Gramm-Leach-Bliley Act, 15 USC 6801 et seq., and Dodd-Frank Act, each as amended. Customer understands the limitations which may exist to sell the services over the internet and telephone.

Customer is ultimately responsible for reviewing the content published as part of the website and ensuring it is compliant with all laws, including those governing purported deceptive practices and the American Disabilities Act which protects disabled individuals, including those visiting on-line websites. Laws are frequently added and amended and Via disclaims any responsibility for ensuring that the websites it designs and creates for customers are compliant. Customer may, at any time, direct specific updates or, if Via is unable to revise the website per Customer's instructions, it can transfer management to Customer or its designee as set forth above.

System and Network Security

Customer is prohibited from violating or attempting to violate or circumvent the security of the Via network. Violations of system or network security will result in civil or criminal liability. Via will investigate any such violations and will cooperate with law enforcement authorities in prosecuting any Customer who is involved in such violations.

Customer’s Data and Backups

Customer is prohibited from violating or attempting to violate or circumvent the security of the Via network. Violations of system or network security will result in civil or criminal liability. Via will investigate any such violations and will cooperate with law enforcement authorities in prosecuting any Customer who is involved in such violations.

Other Customer Responsibilities

As our Customer, you are responsible for the content ("Customer Content") you publish on or through Via, including reviewing what Via publishes to ensure it is compliant. Customer Content will include content and files uploaded, submitted, stored or distributed by Customer via Via services. Customer Content also includes content of users of Customer's website. You also hereby acknowledge that the website is publicly viewable.
1. Only Use Content You’re Allowed To Use. You represent and warrant that you own all rights to your Customer Content or otherwise have (and will continue to have) all rights and permissions necessary to use, share, display, transfer and license your Customer Content via the Services and in the manner set forth in this Agreement. If we use your Customer Content in the ways described in this Agreement, you represent and warrant that such use will not infringe or violate the rights of any third party, including without limitation any copyrights, trademarks, privacy rights, publicity rights, contract rights, trade secrets or any other intellectual property or proprietary rights. Also, content on the Services may be protected by others' intellectual property, trade secret or other rights. Please don't copy, upload, download or share content unless you have the right to do so.
2. Share Responsibly. The Services let you share Customer Content including without limitation on social media and the open web, so please think carefully about your Customer Content. We're not responsible for what you share via the Services and it is your responsibility to review the website and any changes to the website that we may make.
3. Comply With Our Acceptable Use Policy. You must comply with our Acceptable Use Policy (which is incorporated herein by reference). You represent and warrant that your Customer Content and your use of the Services complies with our Acceptable Use Policy.
4. Your Sites And Your End Users Are Your Responsibility. Your Sites may have their own visitors, customers and users ("End Users"). You understand and agree that (a) Your Sites and your End Users are your responsibility; (b) you're solely responsible for providing products, services and support to your End Users; (c) you're solely responsible for compliance with any laws or regulations related to Your Sites and/or your End Users; and (d) your ability to create, share or otherwise operate Your Sites may be limited by the extent to which Yourdo Sitesyourincludeat createLicensedareContentor orie(as defined and described in our Product Specific Terms). We're not liable for, and won't provide you with any legal advice regarding, Your Sites or your End Users. This does not limit or affect any liability we may have to you separately for any breach of the other provisions of this Agreement.
5. Prohibited Conduct. You may use the Services only for lawful purposes. Transmission, distribution, sale, or storage of any material in violation of any applicable law, regulation, or the referenced Acceptable Use Policy is prohibited. The following non-exhaustive list details the kinds of illegal or harmful conduct that are prohibited. Via reserves the rights to restrict or prohibit any and all uses of the Services or content on your Website(s) and to remove such materials from its servers, which Via determines in its sole discretion is harmful to its servers, systems, network, reputation, good will, other Via customers, or any third party.
  
  Defamation. You agree not to post or transmit any content in violation of any applicable law of libel or defamation in the United States or elsewhere.
  False advertising. You agree not to post or transmit on or though any Services any advertising or promotional materials that contain false, deceptive or misleading statements, claims, or representations. Copyright/Trademark Infringement. You agree not to post or transmit on or through the Services any content that infringes on the intellectual property rights or other proprietary rights including, without limitation, material protected by copyright, trademark, patent, trade secret, or other intellectual property right of another person or entity or use the same without proper authorization. Infringement may result from, among other activities, the unauthorized copying and posting of pictures, logos, software, articles, musical works, and videos.
  Offensive Materials. You agree not to transmit, disseminate, sell, store or host material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable.
  Export Violations. You agree not to post or send software or technical information in violation of U.S. export laws, including, without limitation, the Export Administration Act and the Export Administration Regulations maintained by the Department of Commerce.
  Harmful Content. You agree not to disseminate or host harmful content including, without limitation, viruses, Trojan horses, worms, time bombs, cancelbots or any other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, program, data or personal information.
  Fraudulent Conduct. You agree not to offer or disseminate fraudulent goods, services, schemes, or promotions (i.e., make money fast schemes, chain letters, pyramid schemes), or furnishing false data on any signup form, contract or online application or registration, or the fraudulent use of any information obtained through the use of the Services, including without limitation, use of credit card numbers.
  False Pretenses. You agree not to use the services to impersonate any person or communicate under a false name or a name that you are not entitled or authorized to use in all forms of online communication. False domain registration is strictly prohibited.
  Failure to Abide by Third-Party Website Policies. You agree not to violate the rules, regulations, or policies that apply to any third-party network, server computer database, or website that you access by or through the services.
  Pornography. You agree not to use the services to share or provide visual depictions of "sexual intercourse" and/or "sexually explicit conduct" Distribution of Viruses. You agree not to intentionally distribute any software that attempts to and/or causes damage or annoyance to persons, data, and/or computer systems.
  Unauthorized access. You agree not to use the Services to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data.
  Collection of personal data. You agree not to use the Services to collect, or attempt to collect, personal information about third parties without their knowledge or consent.
  Reselling the services. . You agree not to resell the Services without Company's express written consent.
  Network disruptions and unfriendly activity. YYou agree not to use the Services for any activity which adversely affects the ability of other people or systems to use Company's Services or the Internet. This includes "denial of service" (DoS) attacks against another network host or individual user. Interference with or disruption of other network users, network services or network equipment is prohibited. It is your responsibility to ensure that their network is configured in a secure manner.
  Spamming. You agree not to use the Services to engage in unsolicited commercial email or "spam" ad violating the CAN-SPAM Act of 2003. This includes unethical marketing, advertising, or any other practice that is in any way connected with "spam", such as (i) sending mass email to recipients who haven't requested email from you or with a fake return address, ii) promoting a site with inappropriate links, titles, descriptions, or iii) promoting your site by posting multiple submissions in public forums that are identical;
  Manipulation. You agree not to use the Services as a forwarding service to another website or to fraudulently manipulate Google or other SEO ranking or Facebook or other social networking or website "likes" and similar voting mechanisms;
  Improper Sales. You agree not to use the Services to offer or sell any products or services that are illegal, infringe on the rights of others, are inappropriate/offensive/violent/sexually explicit, or are intended to be used as weapons.
6. Your Content Is Your Responsibility. You understand and agree that (a) Your Customer Content, including videos, photos, testimonials, is your responsibility; (b) you're solely responsible for compliance with any laws or regulations related to such content; and (c) your ability to create, share or otherwise use Customer Content may be limited by the extent to which you had to obtain a license to use your Customer Content. We're not liable for, and won't provide you with any legal advice regarding, your Customer

Our Rights
Via must at all times have the ability to control its platform and Services.
1. Important Things We Can Do. We reserve these rights, which we may exercise at any time and it our sole discretion, and without liability or notice to you (except where prohibited by applicable law): (a) we may change parts or all of the Services and their functionality; (b) we may suspend or discontinue parts or all of the Services; (c) we may terminate, suspend, restrict or disable your access to or use of parts or all of the Services; (d) we may terminate, suspend, restrict or disable access to your Accounts or parts or all of your Sites or your User Content; and (e) we may change our eligibility criteria to use the Services.
2. Ownership Disputes. To the extent that there is ever a dispute over the rightful owner of an Account, we reserve the right, at any time and in our sole discretion, and without notice to you, to determine rightful Account or site ownership and to transfer an Account or site to such owner. Such decision shall be deemed final and without recourse against Via. If we feel that we can't reasonably determine the rightful owner, we reserve the right to suspend an Account or site until the disputing parties reach a resolution. We also may request documentation, such as a government-issued photo ID, credit card invoice or business license, to help determine the rightful owner.

Termination for Violation
We reserve the right to immediately suspend the Service and/or terminate this TOS: (i) for a violation of any of our policies, including those incorporated by reference; and/or (ii) your failure to pay any amounts. due. This right of termination is without prejudice to any other rights we may have. You are not entitled to any type of notice or protest should we decide to exercise these rights, nor will you receive a refund of any Fees.

Use of the Services
Your use of the Services must be reasonable and you may not place excessive burdens on our servers or other resources.

When an Account is terminated or cancelled, all files and data may be destroyed and unrecoverable for security and privacy reasons. Via has no responsibility to forward data, or other communications, for you once your Account is closed, and you will no longer have access to the site. You are encouraged to keep the Service active during a transition period should you seek to forward your data or other communications. It is your responsibility to request a copy of any necessary files or data prior to termination of the Services.

Customer Representations and Warranties
Customer represents and warrants to Via that during the Term that Customer has service, the Customer Content and any information and materials contained therein does not, and will not, (i) infringe any copyright, trademark, or any other proprietary right of a third party, (ii) violate any criminal laws and will only be used for lawful purposes, (iii) constitute false advertising, defamation, an invasion of privacy, violate a right of publicity or violate any other law or regulation, or (iv) contain and will at all times remain free of computer viruses, trojan horses, worms, and other malicious code. Customer further represents and warrants that it will fully comply with applicable laws and regulations including, but not limited to the Telemarketing Sales Rule, 16 CFR Part 310 (TSR), Telephone Consumer Protection Act (TCPA), CANSPAM Act of 2003, 15 U.S.C. 7701 et seq., and the Gramm-Leach-Bliley Act, 15 USC 6801 et seq, each as amended.

Customer represents and warrants to Via that: (i) Customer has the knowledge necessary to use the Services; (ii) Customer understands and appreciates the risks inherent from accessing the Internet; and (iii) Customer will use the Services without extra effort on our part.

License to the Customer to use Via grants Via a royalty-free, non-exclusive, worldwide right and license to reproduce, copy, use and distribute Customer Content, and to make archival or backup copies of the Customer Content to provide and operate the Services. Via acknowledges that they are not acquiring any exclusive right, title or interest in or to the Customer Content, all of which shall remain solely with the Customer.

You represent and warrant that you have reviewed the online, Acceptable Use Policy and Privacy Policy and agree to the terms therein, including creating safeguards at your company to ensure the protection of consumer data.

Privacy
Our Privacy Policy explains how we collect, use and share your personal information for our own purposes. Be sure to read it carefully, but note it is not part of this Agreement and can change. It is really important that you comply with data protection laws when using the Services, such as when you collect others' personal information or use cookies or similar technologies (including those we provide for you at your request, such as for web analytics).
1. Privacy Policy. Our Privacy Policy explains how we collect, use and share your personal information for our own purposes. Be sure to read it carefully, but note it is not part of this Agreement and can change. It is really important that you comply with data protection laws when using the Services, such as when you collect others' personal information or use cookies or similar technologies (including those we provide for you at your request, such as for web analytics).
2. You Must Comply With Data Protection, Security And Privacy Laws. You agree and warrant that you are solely responsible when using your Sites or the Services for complying with applicable data protection, security and privacy laws and regulations (nationally and internationally), including, but not limited to, any notice and consent requirements.
  1. Privacy Policies. It is Customer's responsibility to provide and make available to your End Users on your Sites a legally compliant privacy policy.
  2. Cookies and Similar Technologies. If applicable law requires, you must provide and make available to your End Users on Your Sites a legally compliant cookie policy. You must capture valid consent, both for you and us, for any cookies or similar technologies used on or through your Site (including those we drop on your request or with your permission).
3. Industry Specific Compliance. If your use of the Services requires you to comply with industry specific regulations applicable to such use, such as HIPAA, GLBA or FERPA (each, an "Industry-Specific Regulation"), you will be solely responsible for such compliance, except to the extent we agreed with you in writing otherwise. You are not permitted to use the Services in any way that would subject Via to industry-specific regulations without obtaining our prior written agreement which consent may be withheld in Via's sole discretion.
4. Protect and Improve The Services. You agree that we may protect and improve the Services through analysis of your use of the Services and/or your End Users' use of your Sites in anonymized, pseudonymized, de-personalized and/or aggregated form. If applicable law requires, you must explain this in your privacy policy. See our Privacy Policy for more information about how and what we do in this regard.

VIA Intellectual Property
You agree that we may protect and improve the Services through analysis of your use of the Services and/or your End Users' use of your Sites in anonymized, pseudonymized, de-personalized and/or aggregated form. If applicable law requires, you must explain this in your privacy policy. See our Privacy Policy for more information about how and what we do in this regard.

Independent Contractor
Via and Customer are independent contractors. Nothing contained in the TOS places Via and Customer in the relationship of principal, agent, partner or joint ventures. Neither party may represent itself as having any authority to make contracts or enter into any agreements in the name of the other party.

Feedback
Any feedback, data, answers, questions, comments, suggestions, idea or the like which Customer sends to Via relating to the Services will be treated as being non-confidential and non-proprietary. Via may use, disclose or publish any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever.

Hardware and Software
You are responsible for and must provide all Internet connectivity services, computers, software, hardware, and other services necessary to access Via servers and Services. Via makes no representations, warranties, or assurances that customer's equipment will be compatible with Via services.

Indemnification and Hold Harmless
To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Via and its affiliates and its and their directors, officers, employees and agents from and against all damages, losses, liabilities, costs, claims, demands, fines, awards and expenses of any kind (including without limitation reasonable attorneys' fees and costs) (collectively, "Losses") arising out of or related to: (a) your breach of this Agreement; (b) your Customer Content, Sites and eCommerce; (c) any claims by, on behalf of or against your End Users; (d) your violation of any law or regulation or the rights or good name of any third party; and (e) any claims from tax authorities in any country in relation to your eCommerce operations, including without limitation your sales to individual consumers (including distance sales) and other operations for which Via may be held jointly and severally liable. Your indemnification obligations under this Section shall not apply to the extent directly caused by our breach of this Agreement.

Disclaimer of Warranty
Customer agrees to use all Services and any information obtained through or from Via, at Customer's own risk. Customer acknowledges and agrees that Via exercises no control over, and accepts no responsibility for, the content of the information passing through Via's host computers, network, or the Internet. THE SERVICES ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NONE OF VIA, ITS PARENT, SUBSIDIARY OR AFFILIATED CORPORATIONS, OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, SHAREHOLDERS, DIRECTORS, AFFILIATES, AGENTS, SUPPLIERS, THIRD-PARTY INFORMATION PROVIDERS, LICENSORS OR THE LIKE ("VIA PERSONS") MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES OR ANY EQUIPMENT VIA PROVIDES. NO VIA PERSON MAKES ANY WARRANTIES THAT THE SERVICES WILL NOT BE INTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY,RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICES OR MERCHANDISE CONTAINED IN OR PROVIDED THROUGH THE SERVICES. VIA IS NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM CUSTOMER OR STORED BY CUSTOMER OR ANY OF CUSTOMER'S USERS VIA THE SERVICES PROVIDED BY VIA. NO ADVICE OR WRITTEN INFORMATION GIVEN BY ANY VIA PERSON, WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE. The terms of this section shall survive any termination of this Agreement.

Via does not warrant that its Services, including the Sites it creates, are in compliance with the Americans with Disabilities Act or any other regulations. Certain features of the Services rely on artificial intelligence when creating Sites. It is Customer's responsibility to review the Site and work with their independent counsel to ensure compliance with all laws and regulations.

Via disclaims any responsibility for Google or other domains blacklisting Customer if an SEO strategy becomes unfavored. Similarly, Via disclaims responsibility for any associated reputational harm to Customer in connection with the Services.

Limitation of Liability
Customer agrees that no Via person, under any circumstances, shall be held responsible or liable for situations where the Services are accessed by third parties through illegal or illicit means, including situations where such data is accessed through the exploitation of security gaps, weaknesses or flaws (whether known or unknown to Via at the time) which may exist in the Services or Via's equipment used to provide the Services.

Under no circumstances, including negligence, shall any Via person be liable for any indirect, incidental, special, consequential or punitive damages, or loss of profits, revenue, data or use by Customer, any of its users, or any other third party, whether in an action in contract or tort or strict liability or other legal theory, even if Via has been advised of the possibility of such damages. This includes, but is not limited to, reputational issues and if Customer's domain is blacklisted.

No Via person shall be liable to the Customer, any of its users, or any other third party, for any loss or damages that result or are alleged to have resulted from the use of or inability to use the Services, or that results from periodic updates, bug fixes, mistakes, omissions, interruptions, deletion of files, loss of data, errors, viruses, defects, delays in operations, or transmission or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to Via's records, programs, equipment, or services.

IN NO EVENT WILL VIA'S LIABILITY IN CONNECTION WITH THE SERVICES, WHETHER CAUSED BY FAILURE TO DELIVER, NON-PERFORMANCE, DEFECTS, BREACH OF WARRANTY OR OTHER WISE, EXCEED THE AGGREGATE ACTUAL SERVICE FEES PAID TO VIA BY CUSTOMER DURING THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.

VIA CANNOT GUARANTEE CONTINUOUS SERVICE, SERVICE AT ANY PARTICULAR TIME, INTEGRITY OF DATA, INFORMATION OR CONTENT STORED OR TRANSMITTED VIA THE INTERNET. VIA WILL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO, OR ANY CORRUPTION, ERASURE, THEFT, DESTRUCTION, ALTERATION OR INADVERTENT DISCLOSURE OF DATA, INFORMATION, OR CONTENT TRANSMITTED, RECEIVED OR STORED ON ITS SYSTEM.

The terms of this section shall survive any termination of this Agreement.

LEGAL DISPUTES: BINDING ARBITRATION/CLASS ACTION WAIVER AND CHOICE OF LAW
This arbitration provision is governed by the Federal Arbitration Act ("FAA"), 9 U.S.C. § 1 et seq. and not by any state rule or statute governing arbitration. The subject Terms shall be governed by the laws of the State of Florida, without regard to any conflict of laws provisions. In the event of any controversy, claim, or dispute between the parties and anyone else named as a defendant or respondent in such claim arising out of or relating to this Agreement, the parties agree to first attempt to resolve all issues with the assistance of a certified mediator, with each party bearing their own costs and agreeing to mediate via live video call for at least 30 minutes, including the attendance of a Via representative. In the event there is no resolution through mediation, the parties agree to resolve such outstanding dispute solely through the use of binding arbitration, administered by JAMS pursuant to its Streamlined Arbitration Rules & Procedures. Any such arbitration shall take place within Miami-Dade County, Florida or such location as the parties may agree, and be conducted by a mutually-agreed-upon arbitrator. The arbitrator shall be neutral, independent, and shall comply with all applicable codes of ethics. The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionability, or. formation of these Terms and of this arbitration requirement. The award rendered by the arbitrator shall be final, binding on all parties, but subject to further proceedings governing arbitration awards in accordance with the Federal Arbitration Act. The parties further agree that either party may bring claims against the other only in his/ her or its individual capacity and not as a plaintiff or class member in any purported class action or representative proceeding. Further, the parties agree that the arbitrator may not consolidate proceedings of more than one person's claims, and may not otherwise preside over any form of representative or class proceeding unless Via specifically requests that multiple separate claims be arbitrated and defended as consolidated proceedings. The parties shall share the cost of arbitration (not including attorneys' fees) equally. This section, the arbitration requirement and class action waiver, shall survive termination.

Binding arbitration means that the parties give up the right to a trial by a jury and their rights to have a dispute resolved in a court of law. It also means that both parties give up the right to appeal from the arbitrator's ruling except for a narrow range of issues that can be appealed, that discovery may be severely limited by the arbitrator, and that certain remedies such as statutory injunctions and fee shifting which may be available in a court of law may not be available. In addition, the parties also give up the right to bring any claims on a consolidated or class basis in the arbitration unless Via specifically requests that multiple arbitrations be consolidated.

Force Majeure
Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party's reasonable control, including and without limitation to fire, flood, acts of God, pandemics, labor disputes, accidents, acts of war or terrorism, acts of government or other legal order, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.

Reciprocal
Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party's reasonable control, including and without limitation to fire, flood, acts of God, pandemics, labor disputes, accidents, acts of war or terrorism, acts of government or other legal order, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.

Assignment
This TOS may be assigned by Via. It may not be assigned by you without the prior written consent of Via. This TOS shall bind and inure to the benefit of the corporate successors and permitted assigns of the parties.

No Waiver
No waiver of rights under this TOS, or any other Via policy shall constitute a subsequent waiver of this or any other right under this TOS.

Survival
In addition to any right or obligation that by its nature or intent is intended to survive any termination or expiration of these Terms, the following provisions shall survive the termination or expiration of these Terms and shall apply indefinitely: (i) Privacy; (ii) Via Intellectual Property; (iii) Indemnification; (iv) Disclaimer of Warranty; (v) Limitation of Liability (vi) LEGAL DISPUTES: BINDING ARBITRATION/CLASS ACTION WAIVER AND CHOICE OF LAW; (vii) No Waiver; (vili) Survival; and (ix) SMS and Auto-Dialed/Pre-Recorded Calls.

Contact Us
We welcome your feedback or suggestions. If you would like to contact us, please E-Mail us at info@via.site and we will endeavor to respond as needed on or before the next business day.

SMS and Auto-Dialed/Pre-Recorded Calls
By providing your contact information and transacting business with Via, you expressly request to receive information via telephone call, email and text/SMS message (including through the use of an automatic telephone dialing system or artificial/prerecorded voice, even if your telephone numbers) is/are currently listed on any state, federal or corporate Do Not Call list). Consent is not a requirement to purchasing future goods or services that Via is offering. Standard text message rates and cellular data charges apply. You may opt-out by replying "stop" to any message that you receive.

Entire Agreement and Severability
This Agreement represents the entire agreement between the parties, and supersedes all previous agreements and discussions. All rights and restrictions contained in the Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

PLEASE PRINT AND RETAIN A COPY OF THESE TERMS OF SERVICE FOR YOUR RECORDS.