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   Wednesday, September 19, 2018
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Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY. BY USING THIS WEB SITE, YOU AGREE TO THESE TERMS AND CONDITIONS CONTAINED AND LINKED BELOW.

Acceptance of Contract Terms

Welcome to the SwitchEmail.com web site (the "Site). The following are terms of a legal agreement between you and Vats Intercontinental Inc. ("Vats Intercontinental"). Vats Intercontinental makes available for your use on this Site information, documents, software and products (collectively, the "Materials") and various services operated by Vats Intercontinental (collectively, the "Services"), subject to the terms and conditions set forth in this document (the "Terms of Use"). By accessing or using this Site, which includes your access to or use of any of the Materials or Services, you agree to the Terms of Use, whether you are a member of VIP Club or not. Vats Intercontinental reserves the right to change the Terms of Use from time to time at its sole discretion. Your use of the Site will be subject to the most current version of the Terms of Use posted on the Site at the time of such use. You can review the most current version of the Terms of Use at any time at: http://www.switchemail.com/TermsOfUse.asp. In addition, when using particular Services or Materials on this Site, you shall be subject to any posted guidelines or rules applicable to such Services or Materials that may contain terms and conditions in addition to those in the Terms of Use. All such guidelines or rules are hereby incorporated by reference into the Terms of Use. If you breach any of the Terms of Use, your authorization to use this Site automatically terminates and you must immediately destroy any Materials downloaded or printed from the Site.

The material provided on this Site is protected by law, including, but not limited to, United States Copyright Law and international treaties. This Site is controlled and operated by Vats Intercontinental from its offices within the United States. Vats Intercontinental makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. Any claim relating to, and the use of, this Site and the materials contained herein is governed by the laws of the state of Texas.

Personal Information and Privacy

To learn about how Vats Intercontinental protects your personal information, such as your name and address, refer to the SwitchEmail Online Privacy Policy, http://www.switchemail.com/privacy.asp.

Registration Obligations

To access some of the Services and Materials you may be asked to register. Your access to these portions of the Site are completely optional, but if you choose to register, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Services' 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 Vats Intercontinental has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Vats Intercontinental has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). Vats Intercontinental is concerned about the safety and privacy of all its users, particularly children. For this reason, you must be 13 years old or older to register for the Services or the Site.

Username, Password and Security

Upon completing the Services' registration process, you will receive or will be able to choose a password and username designation. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Vats Intercontinental 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. Vats Intercontinental cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

Conduct

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Vats Intercontinental, are entirely responsible for all Content that you e-mail, transmit or otherwise make available via the Services. Vats Intercontinental does not control the Content transmitted via the Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will Vats Intercontinental be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed, transmitted or otherwise made available via the Services.

You agree to not use the Services to:

    a. e-mail, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

    b. harm minors in any way;

    c. impersonate any person or entity, including, but not limited to, a Vats Intercontinental official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;

    d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;

    e. e-mail, 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);

    f. e-mail, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;

    g. e-mail, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;

    h. e-mail, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

    l. "stalk" or otherwise harass another; or

    m. collect or store personal data about other users.

You acknowledge that Vats Intercontinental does not pre-screen Content, but that Vats Intercontinental and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Services. Without limiting the foregoing, Vats Intercontinental and its designees shall have the right to remove any Content that violates the Terms of Use or is otherwise objectionable

You acknowledge and agree that Vats Intercontinental may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Use; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Vats Intercontinental, its users and the public.

You understand that the technical processing and transmission of the Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Termination

You agree that Vats Intercontinental, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Vats Intercontinental believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Use. Vats Intercontinental may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of use may be effected without prior notice, and acknowledge and agree that Vats Intercontinental may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Vats Intercontinental shall not be liable to you or any third-party for any termination of your access to the Service.

Transmissions

Please note that any non-personal information or material sent to Vats Intercontinental will be generally deemed to be non-confidential and non-proprietary, and may be disseminated or used by Vats Intercontinental or its affiliates for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. Notwithstanding the foregoing, all personal data provided to Vats Intercontinental Online will be handled in accordance with the SwitchEmail Online Privacy Policy, mentioned above. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.

Use of Software

The software and accompanying documentation that are made available to download from this Site are the copyrighted work of Vats Intercontinental and/or its contributors. Use of the software is governed by the terms of the end user license agreement that accompanies or is included with such software. You will not be able to download or install any software that is accompanied by or includes an end user license agreement unless you agree to the terms of such end user license agreement. If you do not agree to such terms, you will not be able to use the software.

Indemnity

You agree to indemnify and hold Vats Intercontinental, and its affiliates, officers, agents, co-brander 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 Content you submit, post transmit or make available through the Site, your use of the Site or Services, your connection to the Site, your violation of the Terms of Use, or your violation of any rights of another.

Copyright Notice, Use Restrictions, and Agents

All Site materials, including, without limitation, logos, design, text, graphics, other files, and the selection and arrangement thereof are Copyright 2001-2003 Vats Intercontinental. ALL RIGHTS RESERVED, or by the original creator of the material.

The Site is owned and operated by Vats Intercontinental. Except as expressly provided in writing between you and Vats Intercontinental, no material from the Site or any other Web site owned, operated, licensed, or controlled by Vats Intercontinental may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the Materials on any single computer for your personal, noncommercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the Materials or use of the Materials for any other purpose is a violation of Vats Intercontinental's copyright and other proprietary rights. For purposes of these terms, the use of any such material on any other Web site or networked computer environment is prohibited.

Vats Intercontinental respects the intellectual property of others, and we ask our users to do the same.If you believe that your work has been copied in a way that constitutes copyright infringement, please contact Vats Intercontinental's Copyright Agent at Customer Support.

Third-Party Content & Services

Vats Intercontinental may provide links to Web pages and content of third parties ("Third Party Content") as a service to those interested in this information. Vats Intercontinental does not monitor nor have any control over any Third-Party Content or third party Web sites. Vats Intercontinental does not endorse or adopt any Third-Party Content and can make no guarantee as to its accuracy or completeness. Vats Intercontinental does not represent or warrant the accuracy of any information contained therein, and undertakes no responsibility to update or review any Third-Party Content. When leaving the Site, you should be aware that Vats Intercontinental's terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site. You use these links and Third-Party Content contained therein at your own risk.

Third Party Web Sites

This Site contains links to third-party Web sites that are not under the control of Vats Intercontinental. Vats Intercontinental makes no representations whatsoever about any other Web site to which you may have access through this Site. When you access a non-Vats Intercontinental Web site, you do so at your own risk and Vats Intercontinental is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on these sites or for the quality of any products or services available on such sites. Vats Intercontinental provides these links merely as a convenience and the inclusion of such links does not imply that Vats Intercontinental endorses or accepts any responsibility for the content or uses of such Web sites.

This Site can be accessed from other countries around the world and may contain references to Vats Intercontinental products, services, and programs that have not been announced in your country. These references do not imply that Vats Intercontinental intends to announce such products, services or programs in your country.

WARRANTIES AND DISCLAIMERS

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN AN AGREEMENT BETWEEN YOU AND VATS INTERCONTINENTAL, ALL SERVICES AND MATERIALS ON THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, VATS INTERCONTINENTAL MAKES NO WARRANTY THAT (i) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE OBTAINED FROM THE SITE WILL BE CORRECTED.

THE SOFTWARE IS PROVIDED BY VATS INTERCONTINENTAL "AS IS" AND "WITH ALL FAULTS." VATS INTERCONTINENTAL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE QUALITY, SAFETY OR SUITABILITY OF THE SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. FURTHER, VATS INTERCONTINENTAL MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE TRUTH, ACCURACY OR COMPLETENESS OF ANY STATEMENTS, INFORMATION OR MATERIALS CONCERNING THE SOFTWARE THAT IS CONTAINED IN THE SITE.

VATS INTERCONTINENTAL ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION OR SOFTWARE OR OTHER DOCUMENTS WHICH ARE REFERENCED BY OR LINKED TO THE SITE.

THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. VATS INTERCONTINENTAL MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND VATS INTERCONTINENTAL MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VATS INTERCONTINENTAL OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.

LIMITATION OF LIABILITIES

IN NO EVENT SHALL VATS INTERCONTINENTAL BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, THOSE RESULTING FROM: (1) RELIANCE ON THE MATERIALS PRESENTED, (2) COSTS OF REPLACEMENT GOODS, (3) LOSS OF USE, DATA OR PROFITS, (4) DELAYS OR BUSINESS INTERRUPTIONS, (5) AND ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION) EVEN IF VATS INTERCONTINENTAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IN THE EVENT OF THE FAILURE OF AN EXCLUSIVE REMEDY.

EXCLUSIONS AND LIMITATIONS

SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

Trademark Information

The trademarks, logos and service marks ("Marks") displayed on this Site are the property of Vats Intercontinental or other third parties. You are not permitted to use the Marks without the prior written consent of Vats Intercontinental or such third party which may own the Marks.

Applicable Law and Venue

By accessing this Site, you and Vats Intercontinental agree that all matters relating to your access to, or use of the Site shall be governed by and construed in accordance with the laws of the state of Texas, without regard to its conflict of law provisions. You and Vats Intercontinental also agree that any action at law or in equity with respect to such matters shall be filed only in state or federal court located in the state of Texas, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts.

Export Control Laws; Notice to U.S. Government Users

The export and re-export of Vats Intercontinental software products are controlled by the United States Export Administration Regulations and such software may not be exported or re-exported to Cuba, Iran, Iraq, Libya, North Korea, Sudan, or Syria or any country to which the United States embargoes goods. In addition, Vats Intercontinental software may not be distributed to persons on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.

By downloading an Vats Intercontinental software product you are certifying that you are not a national of Cuba, Iran, Iraq, Libya, North Korea, Sudan, or Syria or any country to which the United States embargoes goods and that you are not a person on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.

All Vats Intercontinental products and publications are commercial in nature. The software and documentation available on this Site are "Commercial Items," as that term is defined at 48 C.F.R. 2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. 12.212 or 48 C.F.R. 227.7202, as applicable. Consistent with 48 C.F.R. 12.212 or 48 C.F.R. 227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Government end users (A) only as Commercial Items and (B) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.

U.S. Government Restricted Rights

The materials on this Site are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of Vats Intercontinental's proprietary rights in them.

Term of Use Revisions

Vats Intercontinental may at any time revise these Terms of Use by updating this posting. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Terms of Use to which you are bound.

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All material herein 2001-2003 Vats Intercontinental Incorporated, all rights reserved.

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