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Voyager Sales and Return Policy: (Effective 1 May, 2008)
These legal terms and conditions (Return Policy) apply to Voyager360.com, VoyagerMLS.com, Kayyah.com and any and all other sites and Voyager offices, partners and representatives around the world that are affiliated with Voyager 360.
Sales and Service Policies. Voyager is authorized to charge customers the agreed upon posted prices for services rendered including hosting, software development, support, telephone training and hardware/optic/camera sales. Any charges made to customers' credit cards will constitute a sales receipt and that services were rendered and satisfactorily received. Disputing any credit charge through your bank or credit card provider once services have been rendered and products received by any customer constitutes a breech of this policy and will result in immediate suspension of your account and/or legal action. All hosting accounts not paid as agreed and delinquent after 30 days shall be suspended. Reconnection fees of $50, $75, or $100 will apply depending on the size of the account. All sales of software are final as software once opened, installed and run are non-refundable. All sales of hardware are non-refundable. Return of any equipment will be for exchange only and accepted if found to be defective and such equipment will be replaced insofar that such equipment has not been deliberately or accidentally damaged by carrier or customer. Damage if found to be done by carrier is covered by insurance. Damage created by customer such as dropping the lens and shattering the mirror, glass or breaking the camera constitutes accidental damage. Replacement of such items will be done at Voyager posted prices for optic parts and repair costs or replacement cost of camera or other equipment will be paid for by customer. Return of any hardware to Voyager must be in accordance with Voyager's current return policy which is posted on all Voyager 360 Websites. These terms and conditions are subject to change. In order to return any hardware product (camera, optic, carry case, etc.) you the customer, must obtain an RMA by calling Voyager in advance BEFORE you ship any equipment back to Voyager. This is available by calling Voyager at (505) 474-3194. This form, when completed by you is to be faxed to Voyager at (505) 471-1511. In order to receive a replacement, you must comply with the following terms and conditions:
Custom Software Work, IDX, Training, Website Design-Engineering and Development. At no time will Voyager or any Voyager affiliate or Franchise be responsible to refund money for customer work, once work has begun. Time nor custom work cannot be restocked. Any estimate or written proposal for Voyager custom work that does not result in a signature but a verbal authorization to process a credit card payment will constitute an automatic agreement between Customer and Voyager in lieu of not having Customer signature on the submitted proposal. Verbal authorization via phone or email along with authorization for payment of any milestone will constitute as a legally binding agreement for Voyager to begin customer work on behalf of client as Verbal Agreements are legally binding within the State of New Mexico. Delays in Work. Not getting Customer approvals for work delivered by Voyager as specified within the Voyager proposal is not grounds for termination or acceleration of any clause. Voyager will not be held responsible for delays in custom work for reasons of employee sickness, acts of God, fire, theft, vandalism, Internet outages, or lack of communications from 3rd party providers such as MLS providers especially for Voyager to deliver custom solutions to Customer that Voyager was expressly hired for. Customer will understand that a reasonable delay can sometimes will be the result of any such instance as defined above. If after the instance has been corrected or restored, Voyager will communicate such delays promptly to Customer and reset new milestone or deliverable date for milestone or project completion. Voyager however reserves the exclusive right to terminate any work in progress due to customer non-payment if Voyager has not been able to collect monies due after 45 days of Customer delinquency. Returns For all authorized equipment returns, replacement will be done on an "available stock" basis. All 360 kits are custom builds and average 2 - 3 days to build, test equipment and ship to you. In some cases, a return for a defective unit (while rare) can sometimes result in an additional 3 - 5 days or more to turn around a replacement based on available equipment in Voyager inventory. Any disagreement you may have with this policy may be filed in the state of New Mexico and your complaint will be heard by a New Mexico Arbitrator. Judgement in any party's favor will be strictly limited to the purchase price less restocking fees and the winning party shall not be entitled to any additional compensation that would exceed the original purchase price. Travel to New Mexico and the costs for the Arbitrator will be borne by the customer. Refunds, if authorized by Voyager in advance shall be allowed 2 - 3 weeks to be processed and returned to Customer's card. In some instances, Voyager at it's sole discretion may issue a refund via company check, PayPal, bank wire, certified check, or money order. Voyager Termination of Services. Listings that you have posted to Voyager's back office including through Kayyah.com or FindBuyMove.com or any Voyager affiliate or franchise requires that you give Voyager International a minimum of 30 days notice if you intend to cease your recurring monthly payments. Failure to notify Voyager International can and will result in possible collections and/or legal actions against Customer to collect hosting or other services fees Customer agreed to pay. Voyager reserves the right to terminate any customer who has shown a pattern of late or delinquent payments by giving Customer a written 30-day notice. At such time, Customer will be given their virtual tours on a Customer CD so they can choose to host their tours with another provider. Past due amounts will be required to be paid to bring account current before any tours are given to Customer. At no time shall Voyager be held responsible for any liability as a result of termination. Customer understands that providing regular monthly hosting services is their responsibility and that if after receiving their 3rd warning in writing from Voyager International, termination may be the result of Customer's continued financial irresponsibility. Acceptable Use Policy: (Last Modified 1 January 2007)
As a provider of Internet access, web site hosting, and other Internet-related services, Voyager International offers its customers (also known as subscribers), and their customers and users, the means to acquire and disseminate a wealth of public, private, commercial, and non-commercial information. Voyager International respects that the Internet provides a forum for free and open discussion and dissemination of information, however, when there are competing interests at issue, Voyager International reserves the right to take certain preventative or corrective actions. In order to protect these competing interests, Voyager International has developed an Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each customer's respective service agreement and is intended as a guide to the customer's rights and obligations when utilizing Voyager International's services. This AUP will be revised from time to time. A customer's use of Voyager International's services after changes to the AUP are posted on Voyager International's web site, www.kayyah.com/backoffice/acceptable-policy.html, will constitute the customer's acceptance of any new or additional terms of the AUP that result from those changes.
One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use the Internet, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that Voyager International cannot monitor, verify, warrant, or vouch for the accuracy and quality of the information that subscribers may acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet is sexually explicit or otherwise offensive. Because Voyager International cannot monitor or censor the Internet, and will not attempt to do so, Voyager International cannot accept any responsibility for injury to its subscribers that results from inaccurate, unsuitable, offensive, or illegal Internet communications. When subscribers disseminate information through the Internet, they also must keep in mind that Voyager International does not review, edit, censor, or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation, and other harmful speech. Also, because the information they create is carried over Voyager International's network and may reach a large number of people, including both subscribers and nonsubscribers of Voyager International, subscribers' postings to the Internet may affect other subscribers and may harm Voyager International's goodwill, business reputation, and operations. For these reasons, subscribers violate Voyager International policy and the service agreement when they, their customers, affiliates, or subsidiaries engage in the following prohibited activities: Voyager Current Customer Services -- Any Voyager customer having recurring services and hosting is entitled to receive (2) hours of free maintenance and/or minor changes per month. These changes are limited to page alterations. Development of new logos, brain storming and intellectual property development are not covered. Customers do not get unused minutes or time rolled over the the new month. All emails sent to Voyager from client asking for changes will constitute a change order to client website. These changes if over the allowed 2 hours per month will be billed to client. Changes not paid for if after 30 days will result in temporary suspension of the client account until the changes are paid for. If after 45 days, any accounts in arrears may be subject to permanent deactivation and collections activities. Spamming -- Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming"). It is not only harmful because of its negative impact on consumer attitudes toward Voyager International, but also because it can overload Voyager International's network and disrupt service to Voyager International subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, Voyager International has the discretion to determine from all of the evidence whether the email recipients were from an "opt-in" email list. Email + SPAM In Your Account -- Voyager provides all POP3 email accounts as provided from NTT Verio with built in SPAM controls such as Spam Assassin. Voyager makes no guarantee either express or implied that your POP3 email account can ever be 100% SPAM free. You, the user are able to make adjustments to your POP3 email account that effect how much SPAM you receive. You can block email from unwanted sources such as individuals, domain names and IP addresses can be added to your black list. unsolicited bulk and/or commercial messages. You are responsible for ensuring you do not exceed the size allowed for your mailbox and you should keep your delete email regularly. If you need a larger email account in excess of 100mb, we suggest you work with Earthlink or Google. MLS Scraping - All MLS data posted on Kayyah has been licensed and is through appropriate legal channels. As the law currently stands, all MLS listings belong to the broker. Kayyah and our PLS network allows brokers to manually or through automated means take their listings and have them featured on Kayyah's PLS network. All listings posted on Kayyah or any part of ur International PLS network may be repurposed or syndicated to other networks with no compensation to the broker or supplier of the property source information. Intellectual Property Violations -- Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Also, engaging in activity that violates privacy, publicity, or other personal rights of others. Voyager International is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also Voyager International's policy to terminate the privileges of customers who commit repeat violations of copyright laws. Obscene Speech or Materials -- Using Voyager International's network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material. Voyager International is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through Voyager International's network. Defamatory or Abusive Language -- Using Voyager International's network as a means to transmit or post defamatory, harassing, abusive, or threatening language. Forging of Headers -- Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message. Illegal or Unauthorized Access to Other Computers or Networks -- Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking"). Also, any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity). Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities -- Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mailbombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment. Facilitating a Violation of this AUP -- Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software. Export Control Violations -- Exporting encryption software over the Internet or otherwise, to points outside the United States. Usenet Groups -- Voyager International reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP. Other Illegal Activities -- Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software. Other Activities -- Engaging in activities, whether lawful or unlawful, that Voyager International determines to be harmful to its subscribers, operations, reputation, goodwill, or customer relations. FBI WARNING - All illegal activity mentioned above is reported to the FBI and the Attorney General's Office. For International incidents, all unauthorized hacking attempts and all violations of this AUP are reported to the Department of Internet Security which provides the legal means to enforce state, and International laws through Interpol. Voyager International will prosecute violators to the fullest extent under United States Laws. As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the subscriber. Voyager International will not, as an ordinary practice, monitor the communications of its subscribers to ensure that they comply with Voyager International policy or applicable law. When Voyager International becomes aware of harmful activities, however, it may take any action to stop the harmful activity, including but not limited to, removing information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or take any other action it deems appropriate. Voyager International also is aware that many of its subscribers are, themselves, providers of Internet services, and that information reaching Voyager International's facilities from those subscribers may have originated from a customer of the subscriber or from another third-party. Voyager International does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. Voyager International has the right to directly take action against a customer of a subscriber. Also, Voyager International may take action against the Voyager International subscriber because of activities of a customer of the subscriber, even though the action may effect other customers of the subscriber. Similarly, Voyager International anticipates that subscribers who offer Internet services will cooperate with Voyager International in any corrective or preventive action that Voyager International deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Voyager International policy. Voyager International also is concerned with the privacy of on-line communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, Voyager International urges its subscribers to assume that all of their on-line communications are insecure. Voyager International cannot take any responsibility for the security of information transmitted over Voyager International's facilities. Voyager International will not intentionally monitor private electronic mail messages sent or received by its subscribers unless required to do so by law, (Patriot Act) governmental authority, or when public safety is at stake. Voyager International may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, Voyager International may disclose information, including but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request. Voyager International assumes no obligation to inform the subscriber that subscriber information has been provided and in some cases may be prohibited by law from giving such notice. Finally, Voyager International may disclose subscriber information or information transmitted over its network where necessary to protect Voyager International and others from harm, or where such disclosure is necessary to the proper operation of the system. Voyager International expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of on-line communications. A subscriber's failure to comply with those laws will violate Voyager International policy. Finally, Voyager International wishes to emphasize that in signing the service agreement, subscribers indemnify Voyager International for any violation of the service agreement, law, or Voyager International policy, that results in loss to Voyager International or the bringing of any claim against Voyager International by any third-party. This means that if Voyager International is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will pay any damages awarded against Voyager International, plus costs and reasonable attorneys' fees. We hope this AUP is helpful in clarifying the obligations of Internet users, including Voyager International and its subscribers, as responsible members of the Internet. Any complaints about a subscriber's violation of this AUP should be sent to: ABUSE Department Voyager International 3600 Cerrillos Road Suite 306 Santa Fe, NM 87507 Voyager User License Agreement (VULA) IMPORTANT. READ CAREFULLY: This VULA is a legal agreement between you (either an individual or a single entity, who will be referred to in this VULA as "You" and "Your") and VOYAGER 360 for the VOYAGER software accompanying this VULA, which includes the on-line software that you are about to access, and may include associated media, printed materials and any online or electronic documentation (SOFTWARE). By ACTIVATING your back office and using the SOFTWARE, You agree to be bound by the terms of this VULA. If You do not agree to the terms of this VULA, do not activate, access or use it. SOFTWARE PRODUCT LICENSE The SOFTWARE is protected by intellectual property laws within the United States, Canada and 17 countries worldwide. All Voyager software is © 1997-2007 Voyager International, all rights reserved. Patents Pending. Voyager SOFTWARE (back office) is licensed, never sold. Therefore no ownership rights to the user are either express or implied.
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