Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the VIPTap Website and/or Web Application (the “Website”) operated by Quiet City Design, a Company formed in Ontario, Canada (“us”, “we”, “our”) as these Terms and Conditions contain important information regarding limitations of our liability. Your access to and use of the Website is conditional upon your acceptance of and compliance with these Terms. These Terms apply to everyone, including, but not limited to: visitors, users and others, who wish to access or use the Website.

By accessing or using the Website, you agree to be bound by these Terms. If you disagree with any part of the terms, then you do not have our permission to access or use the Website.

Accounts

When you create an account with us, you guarantee that you are above the age of 18 and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Website.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Website or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion. You can terminate your account by visiting the “My Account” page of website.

Purchases

To effectuate a purchase, you will be asked to supply your credit card number, expiration date, CCV, and billing address.

All payments shall be processed immediately through a third party service. We are not responsible for the retention or safety of your billing information that is collected by the third party service.

You hereby represent and warrant that: (i) you have the legal right to use any payment method(s) in connection with any purchase; and that (ii) the information you supply to us is true, correct and complete.

We reserve the right to refuse or cancel your order at any time for reasons including, but not limited to: product or service availability, error(s) in your order, or for any other reason.

We have the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected. If fraud or an unauthorized or illegal transaction is suspected, we have the right to contact law enforcement to report the above actions and to provide your information.

Subscriptions

This Website features products or services that are offered via a subscription model. A subscription model requires regular payments to receive a product or service. Payments are scheduled every 30 days according to the start date of your initial purchase.

Payments are received automatically from your credit card. The account setup fee is added to your initial payment and all subsequent payments are according to the plan's base monthly fee.

Minimum Subscription Commitment

A minimum subscription commitment of six (6) months is to be purchased by the subscriber. After that period, the subscription contract is month-to-month and you can cancel at any time.

Refunds

You may request a full refund only within 30 days of your subscription. We offer refunds only upon the satisfaction of the following conditions: unable to access the software, incompatible with 3rd party software, don’t like it, and ordered by mistake.

Refunds within 30 days also result in cancellation and deletion of accounts.

Cancellation

We offer cancellations only 5 days prior to any scheduled payment. You may cancel your order by contacting us more than 5 days prior to a scheduled payment. We reserve the right to refuse cancellation.

Cancellation results in the permanent deletion of all data collected, submitted or otherwise gathered on your account.

Warranty

We hereby disclaim all warranties and conditions with regard to this information, products and services, including all implied warranties and conditions of merchantability, fitness for a particular response, title and non-infringement.

Availability, Errors and Inaccuracies

We assume no liability for availability, errors, or inaccuracies in the information provided on this Website. We may experience delays in updating information on the Website and in our advertising on other websites. The information, products, and services found on the Website may contain errors or inaccuracies or may not be complete or current. Services may be incorrectly priced, described inaccurately, or unavailable on the Website, and we cannot guarantee the accuracy or completeness of any information found on the Website. We expressly reserve the right to correct any pricing errors on our Website.

We make no representations about the suitability of the information, products, and services contained on this Website for any purpose, and the inclusion or offering of any products or services on this Website does not constitute any endorsement or recommendation of such products or services by us. We disclaim all warranties and conditions that this Website, its servers, or any email sent from us are free of viruses or other harmful components.

Links to Third-Party Sites

This Website may contain hyperlinks to websites operated by parties other than us. We provide such hyperlinks for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

Intellectual Property

All contents of this Website are ©2020 Quiet City Design. All rights reserved. Website, and all content and other materials on this Website, including, without limitation, all logos, designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, ” Content “) are the proprietary property of Quiet City Design and are either registered trademarks or trademarks of Quiet City Design in Canada and/or other countries. Other logos and product and company names mentioned herein may be the trademarks of their respective owners. We are not responsible for content on websites operated by parties other than us.

If you are aware of an infringement of our intellectual property, please let us know by contacting us at admin@viptap.ca.

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Website infringes on the

copyright or other intellectual property rights of any person or entity.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to admin@viptap.ca with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”. Our copyright agent is Wiz Ryland. The following is his/her contact information:

admin@viptap.ca

48 Pendeen Ave, York, ON M6N2P3

You may be held accountable for damages (including costs and attorneys’ fees) for any misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Website on your copyright.

If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a written notice that includes the following information. Please note that we will not process your complaint if it is not properly filled out or is incomplete. To report that your intellectual property rights have been infringed upon, please email us at admin@viptap.ca and include the following information:

– an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;

– a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;

– your address, telephone number, and email address;

– a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.

Damages

IN NO EVENT SHALL QUIET CITY DESIGN BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON OPINIONS APPEARING ON THIS WEBSITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS AND SERVICES OBTAINING THROUGH THIS WEBSITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, CONSUMER PROTECTION STATUTES, OR OTHERWISE, AND EVEN IF QUIET CITY DESIGN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF, DESPITE THE LIMITATION ABOVE, QUIET CITY DESIGN IS FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IN ANY WAY CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED ABOVE, THEN THE LIABILITY OF QUIET CITY DESIGN WILL IN NO EVENT EXCEED THE SERVICE FEES YOU PAID TO QUIET CITY DESIGN IN CONNECTION WITH SUCH TRANSACTION(S) ON THIS WEBSITE. THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS OF USE IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF LIABILITY PROVIDED IN THESE TERMS OF USE INURE TO THE BENEFIT OF QUIET CITY DESIGN.

Governing Law, Severability, Dispute Resolution, and Venue

These Terms shall be governed and construed in accordance with the laws of Ontario, Canada, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Website, and supersede and replace any prior agreements we might have had between us regarding the Website.

Any controversy or claim arising out of or relating to these Terms and Conditions including, without limitation, the interpretation or breach thereof, shall be resolved in a court of competent jurisdiction in Arizona.

Changes

We reserve the right to amend this policy at any time without any prior notice to you.

Questions

If you have any questions about our Terms and Conditions, please contact us at admin@viptap.ca