Disclaimer
Vidal Automation and Control, LLC
REMOTE ASSISTANCE SERVICE CONDITIONS
IMPORTANT: PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCEPTING THE REMOTE ACCESS REQUEST AND PROVIDING THE CONNECTION ID TO VIDAL AC TECHNICAL STAFF.
1. Use of the User’s Equipment.
By using this service you agree that the Remote Access Software may use the processor and bandwidth of the equipment you are using, for the limited purpose of facilitating communication between the user and VIDAL AUTOMATIZACIÓN Y CONTROL, S.L. (hereinafter VIDAL AC)
2. Protection of the User’s Equipment (resources).
You understand that VIDAL AC will make commercially reasonable efforts to protect the privacy and integrity of the communication and the resources of the equipment you are using. However, you acknowledge and agree that VIDAL AC cannot provide any guarantees in this regard.
3. Confidential Information of Remote Access.
You agree to always take all reasonable steps to protect and keep strictly confidential all confidential information.
4. Confidential Information and User Privacy.
VIDAL AC is committed to respecting the privacy and confidentiality of the User’s personal information.
5. Communication.
Downloading and running the Remote Access software allows you to communicate with VIDAL AC.
6. Absence of Warranty.
VIDAL AC cannot guarantee that you will always be able to communicate with our offices, that you will be able to do so without interruptions, delays or communication-related failures, nor that all your communications will be correctly transmitted to VIDAL AC. VIDAL AC shall also not be responsible for such interruptions, delays or any other type of omissions experienced during communications through the Remote Access Software.
7. Representations.
You represent and warrant that you are authorized to use and grant access to the equipment to be serviced, you represent and warrant that you will at all times comply with all laws, regulations and policies that may govern the use of the Remote Access software.
8. Absence of Warranty.
THE REMOTE ACCESS SOFTWARE IS PROVIDED IN ITS CURRENT STATE AND WITHOUT WARRANTIES OF ANY KIND. VIDAL AC DOES NOT OFFER EXPLICITLY, IMPLICITLY OR UNDER OATH, WARRANTIES, AFFIRMATIONS OR REPRESENTATIONS OF ANY KIND WITH RESPECT TO THE REMOTE ACCESS SOFTWARE, INCLUDING, AMONG OTHER ASPECTS, WARRANTIES RELATING TO QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE. LIKEWISE, VIDAL AC DOES NOT DECLARE OR GUARANTEE THAT THE REMOTE ACCESS SOFTWARE WILL ALWAYS BE AVAILABLE, ACCESSIBLE AND COMPLETE, NOR THAT IT WILL BE SECURE OR ACCURATE. IT ALSO DOES NOT DECLARE OR GUARANTEE THAT IT WILL NOT SUFFER INTERRUPTIONS OR DELAYS, NOR THAT IT WILL BE FREE OF ERRORS OR THAT IT WILL FUNCTION WITHOUT PACKET LOSS. VIDAL AC ALSO DOES NOT GUARANTEE CONNECTIONS OR TRANSMISSIONS TO OR FROM THE INTERNET, NOR THE QUALITY OF CALLS MADE THROUGH THE REMOTE ACCESS SOFTWARE.
9. Personal Risk of the User.
You acknowledge and agree that the entire risk arising from the use or performance of the Remote Access software is borne by you, as permitted by law.
10. Jurisdictional Limitations.
Because certain jurisdictions do not allow some of the exclusions or limitations set forth above, some of them may not apply in your case. If so, liability will be limited as much as legally possible under applicable law.
11. Disclaimer of Liability.
You receive the Remote Access software free of charge. THEREFORE, YOU ACKNOWLEDGE AND AGREE THAT VIDAL AC SHALL HAVE NO LIABILITY ARISING FROM OR RELATED TO THE USE OF THE REMOTE ACCESS SOFTWARE, AS SET FORTH BELOW.
12. Limitation of Liability.
IN NO EVENT SHALL VIDAL AC, NOR ITS STAFF BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER FORM OF LIABILITY, FOR ANY SPECIAL, INCIDENTAL OR INDIRECT DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, INTERRUPTION, EQUIPMENT FAILURE OR FINANCIAL LOSS) ARISING FROM THE USE OR INABILITY TO USE THE REMOTE ACCESS SOFTWARE, EVEN IF VIDAL AC, ITS AFFILIATED COMPANIES OR ITS STAFF HAD KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGE.
13. Legal Remedy.
YOUR SOLE RIGHT OR LEGAL REMEDY FOR ANY PROBLEM OR DISSATISFACTION WITH THE REMOTE ACCESS SOFTWARE IS TO UNINSTALL AND STOP USING THE SOFTWARE.
14. Jurisdictional Limitations.
Because certain jurisdictions do not allow some of the exclusions or limitations set forth above, some of them may not apply in your case. If so, liability will be limited as much as legally possible under applicable law.
15. New Versions.
VIDAL AC reserves the right to use whichever remote access program it deems appropriate. Your use of the Remote Access service constitutes your acceptance of the obligation to comply with these clauses regardless of the Software used by VIDAL AC. You acknowledge and agree to periodically read the most recent version of these conditions.
16. Complete Conditions.
The clauses and conditions of this text constitute the entirety of the terms of use between You and VIDAL AC with respect to the matters herein, and revoke and replace all prior agreements or conditions regarding these stipulations, regardless of the form of such instruments.
17. Partial Invalidity.
If any of the clauses or provisions of this document is considered invalid, void or unenforceable, whether in its entirety or in a specific situation, the remaining conditions shall remain in full force and effect.
18. No Waiver of Rights.
The fact that VIDAL AC does not enforce any provision of this document at any given time does not in any way affect its right to enforce it at another time, unless there is an explicit written waiver signed by VIDAL AC.
19. Prohibition of Assignment by the User.
You are prohibited from assigning the remote assistance service or any other right acquired hereunder.
20. Governing Law.
This Agreement shall be governed by and construed in accordance with the laws of Spain, excluding the provisions relating to conflicts of laws of Spain and those of your current state or country of residence.
21. Competent Court.
Any legal proceedings arising from or related to this service shall be subject to the jurisdiction of the court of the district of Paterna (Valencia).
FINAL ACCEPTANCE
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THE CONDITIONS AND UNDERSTAND THE RIGHTS, OBLIGATIONS, CLAUSES AND CONDITIONS STIPULATED HEREIN. BY RUNNING THE REMOTE ACCESS SOFTWARE, CLICKING THE “ACCEPT” BUTTON AND THEN PROVIDING THE CONNECTION ID, YOU EXPRESSLY AGREE TO BE BOUND BY THE CLAUSES AND CONDITIONS AND TO GRANT VIDAL AC THE RIGHTS SET FORTH IN THIS DOCUMENT.
FINAL NOTE
If you do not understand or do not acknowledge any of the conditions described in this document, refrain from using this service.