Terms & Conditions

1. Terms

Thank you for visiting the Virtual TechOps website at https://VirtualTechOps.com/. The Virtual TechOps website and its associated services including, but not limited to, any mobile applications offered by Virtual TechOps (collectively, the “Services”), are provided by Virtual TechOps, Inc., a Georgia Corporation (“Virtual TechOps”). By accessing or using the Virtual TechOps Services, however accessed, you manifest your intent and agree to be bound by this Terms of Use Agreement (“Agreement” or “Terms of Use”).

If you do not agree with any of these terms, you are prohibited from using or accessing the Services. Clicking on web pages beyond the website’s homepage constitutes your acceptance of and agreement with the Terms of Use, whether or not you complete a transaction with Virtual TechOps and whether or not you complete your transaction on the website or through other channels, such as by phone, by email, facsimile, or otherwise. If you do not agree to the Terms of Use, you may not use the Services.

NOTICE OF ARBITRATION. THIS TERMS OF USE AGREEMENT CONTAINS AN ARBITRATION PROVISION AND CLASS ACTION WAIVER THAT APPLIES TO ALL CLAIMS EXCEPT FOR CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT OR THOSE THAT CAN BE BROUGHT IN SMALL CLAIMS COURT. EXCEPT AS OTHERWISE STATED UNDER THE TERMS OF THIS AGREEMENT, AND IF YOU DO NOT OPT-OUT OF ARBITRATION AS SET FORTH BELOW, YOU AGREE THAT ANY AND ALL DISPUTES BETWEEN YOU AND Virtual TechOps WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO BRING OR RESOLVE ANY DISPUTE AS, OR PARTICIPATE IN, A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR ARBITRATION.

2. Permitted Use and User Content

You agree that:

  • 1. Your use of the Services is subject to and governed by these Terms of Use,
  • 2. You will only access or use the Services and transact business with us if you are at least 18 years old,
  • 3. You will comply with and be bound by these Terms of Use as they appear on the Services each time you access and use the Services,
  • 4. Each use of the Services by you indicates and confirms your assent to and agreement to be bound by these Terms of Use, and
  • 5. These Terms of Use are a legally binding agreement between you and Virtual TechOps that will be enforceable against you.

When you use the Services, you agree to use it only for its customary and intended purposes and as permitted by the terms of this Agreement and any applicable law, regulation, statute, or ordinance. Additionally, you agree that you are responsible for any breach of your obligations under the terms of this Agreement and for any losses suffered by Virtual TechOps for such a breach, including, but not limited to, monetary damages, costs, and attorneys’ fees. You are expressly prohibited from using the Services to violate any law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national or international, or to violate the rights of a third party, including, but not limited to, intellectual property rights, privacy rights, rights of publicity, or other personal or proprietary rights. Additionally, you are expressly prohibited from:

  • a. Attempting to access the Services other than through a standard web browser unless you have been permitted to do so by Virtual TechOps through a separate, written agreement;
  • b. Accessing or attempting to access the Services through automated means;
  • c. Circumventing the technological protection measures of the Services;
  • d. Posting or transmitting content intended to collect personal or personally identifiable information from users of the Services or third parties;
  • e. Disrupting or otherwise interfering with the Services or its associated servers or networks;
  • f. Scraping, reproducing, republishing, selling, reselling, duplicating, or trading the Services or its content;
  • g. Diverting or attempting to divert customers of the Services to another website or service;
  • h. Sending unsolicited or unauthorized communications to users of the Services or third parties;
  • i. Transmitting content to the Services that is false, inaccurate, misleading, tortious, defamatory, vulgar, obscene, libelous, invasive, hateful, or otherwise objectionable;
  • j. Reverse engineering, decompiling, translating, or disassembling the Services or its content; and
  • k. Encouraging or assisting any other party to do anything in violation of the terms of this Agreement.

Virtual TechOps reserves the right to modify, amend, or terminate the Services or its associated content at any time and without prior notice. Virtual TechOps also reserves the right to refuse service or access to the Services to any person or business entity at any time and without notice.

By submitting any content to Virtual TechOps, you hereby grant Virtual TechOps a worldwide, non-exclusive, sublicensable, royalty-free license to use, copy, modify, and display any content, including but not limited to text, materials, images, files, communications, comments, feedback, suggestions, ideas, concepts, questions, data, or otherwise, either on the Services or on third-party services, that you submit or post on or through the Services for our current and future business purposes, including to provide, promote, and improve the Services.

3. Revisions and Errata

The materials appearing on Virtual TechOps’s web site could include technical, typographical, or photographic errors. Virtual TechOps does not warrant that any of the materials on its web site are accurate, complete, or current. Virtual TechOps may make changes to the materials contained on its web site at any time without notice. Virtual TechOps does not, however, make any commitment to update the materials.

4. Payments and Account Cancellations

All payments are non-refundable, including payments for quarterly and annual plans. Monthly plans include limits that may be exceeded and will incur additional charges. You are responsible for monitoring your account, and you agree to pay all published fees associated with account usage.

Accounts without a signed contract beyond these terms can be canceled by the user at any time.To cancel, you must use your Salesforce account. Cancelation requests transmitted by email, phone or any other means will not be honored.

Virtual TechOps, at its sole discretion, but based on some clear form of evidence, reserves the right to immediately cancel an account that it believes to be (1) opened with a fraudulent or stolen payment method, (2) used for unethical or illegal purposes, (3) used by or for any party currently or intending to market and provide services similar to any features offered within the Virtual TechOps product.

5. Site Content

Content on this site or content controlled by Virtual TechOps is provided solely for your personal, non-commercial use. Such content may not be framed, copied, reproduced, republished, uploaded, posted, transmitted, distributed, scraped, spidered and/or exploited in any way, including by email or other electronic means for commercial use without proper license agreements with Virtual TechOps. Such use of the content is considered theft and will be prosecuted.

Virtual TechOps® and AutoDataIQ® are registered trademarks of Virtual TechOps.

The selection, arrangement, and layout of the Services is the sole and exclusive property of Virtual TechOps, and any unauthorized copying, public display, public performance, distribution, or derivation, whether in whole or in part, is expressly prohibited.

6. Links

Virtual TechOps has not reviewed all of the sites linked to the Services and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Virtual TechOps of the linked site. Use of any such linked web site is at the user’s own risk.

7. Disclaimer of Warranties and Limitation of Liability

a. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES ARE PROVIDED ON AN “AS-IS” BASIS AND WITHOUT WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, AND NON-INFRINGEMENT. WHEREVER PERMITTED BY LAW, YOU ACKNOWLEDGE THAT VIRTUAL TECHOPS WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY CLAIMS, DAMAGES, JUDGMENTS, CHARGES, OR FEES ARISING OUT OF OR RELATED TO YOUR USE OF OR ACCESS TO THE SERVICES, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY DAMAGES, CONSEQUENTIAL DAMAGES, SPECIAL DAMAGES, INCIDENTAL DAMAGES, PUNITIVE DAMAGES, EXEMPLARY DAMAGES, COSTS AND ATTORNEYS’ FEES, DAMAGES ARISING OUT OF ERRORS OR OMISSIONS, AND DAMAGES ARISING OUT OF THE UNAVAILABILITY OF THE SERVICES OR DOWNTIME. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT Virtual TechOps’S LIABILITY IS LIMITED TO THE AMOUNT THAT YOU PAID TO USE THE SERVICES OR $500, WHICHEVER IS LESS.

b. Virtual TechOps EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR ANY DAMAGE, INJURY, HARM, COST, EXPENSE, OR LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF PRODUCTS OR SERVICES PURCHASED THROUGH THE SERVICES. PRODUCTS OR SERVICES PURCHASED THROUGH THE SERVICES ARE PROVIDED ON AN “AS-IS” BASIS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, NON-INFRINGEMENT, OR QUALITY. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, YOU ARE ADVISED TO SEEK LEGAL ADVICE TO DETERMINE IF THIS EXCLUSION APPLIES TO YOU.

c. Virtual TechOps WILL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY, WHETHER IN WARRANTY, CONTRACT, STRICT LIABILITY, TORT, OR NEGLIGENCE, FOR ANY DAMAGES, CLAIMS, INJURIES, JUDGMENTS, COSTS, OR LIABILITIES OF ANY KIND ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF THE SERVICES OR PRODUCTS OR SERVICES PURCHASED THROUGH THE SERVICES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, ILLNESS, DAMAGE TO PROPERTY, LOSS OF BUSINESS, LOSS OF INCOME, SPECIAL DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNITIVE DAMAGES, OR EXEMPLARY DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE.

9. Indemnification

You agree to indemnify, defend, and hold harmless Virtual TechOps, its officers, shareholders, directors, employees, subsidiaries, affiliates, and representatives from any and all losses, including, but not limited to, costs and attorneys’ fees, arising out of or related to (i) your use of the Services, (ii) your purchase of products or services through the Services; (iii) your use or misuse of products or services obtained through the Services; (iv) your violation of any term or condition of this Agreement; (v) your violation of the rights of third parties, including, but not limited to, intellectual property rights or other personal or proprietary rights; and (vi) your violation of any law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national, or international.

In addition, you agree to indemnify, defend, and hold harmless Virtual TechOps, its officers, shareholders, directors, employees, subsidiaries, affiliates, and representatives from any and all losses, including, but not limited to, costs and attorneys’ fees, arising out of or related to the (i) use of the Services, (ii) the purchase of products or services through the Services; (iii) the use or misuse of products or services obtained through the Services; (iv) the violation of any term or condition of this Agreement; (v) the violation of the rights of third parties, including, but not limited to, intellectual property rights or other personal or proprietary rights; and (vi) the violation of any law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national, or international by any prospect with whom you engage related to the Services.

Your obligation to defend Virtual TechOps will not provide you with the ability to control Virtual TechOps’s defense, and Virtual TechOps reserves the right to control its defense, including its choice of counsel and whether to litigate or settle a claim subject to indemnification.

10. Site Terms of Use Modifications

Virtual TechOps may revise these terms of use for its web site at any time without notice. By using the Services you are agreeing to be bound by the then current version of these Terms of Use.

11. Governing Law and Stipulation to Jurisdiction

1. You and Virtual TechOps agree that any dispute arising out of or related to this Agreement or your use of the Services will be governed by the laws of the State of Georgia, without regard to its conflict of laws rules. Specifically, the validity, interpretation, and performance of this Agreement will not be governed by the United Nations Convention on the International Sale of Goods. Except for claims that may be brought in small claims court, claims of intellectual property infringement, or claims for injunctive relief by either party, you and Virtual TechOps agree that any dispute or controversy arising out of, in relation to, or in connection with this Agreement including, without limitation, any and all disputes, claims (whether in tort, contract, statutory, or otherwise), or disagreements concerning the existence, breach, interpretation, application, or termination of this Agreement, will be resolved by final and binding arbitration pursuant to the Federal Arbitration Act in Atlanta, Georgia or, at the option of the party seeking relief, by telephone, online, or via written submissions alone, and be administered by the American Arbitration Association (“AAA”) under the then in force Commercial Arbitration Rules by one arbitrator appointed in accordance with such rules. Such arbitration will be independent and impartial. If the parties fail to agree on the arbitrator within twenty (20) calendar days after the initiation of the arbitration hereunder, AAA will appoint the arbitrator.

2. This arbitration will be conducted in the English language. The decision of the arbitrator will be final and binding on the parties and judgment on any award(s) rendered by the arbitrator may be entered in any court having jurisdiction thereof. Nothing in this section will prevent either party from seeking immediate injunctive relief from any court of competent jurisdiction, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. The parties undertake to keep confidential all awards in their arbitration, together with all confidential information, all materials in the proceedings created for the purpose of the arbitration and all other documents produced by the other party in the proceedings and not otherwise in the public domain, save and to the extent that disclosure may be required of a party by legal duty, to protect or pursue a legal right or to enforce or challenge an award in legal proceedings before a court or other judicial authority. The arbitrator shall award all fees and expenses, including reasonable attorney’s fees, to the prevailing party. Any judgment rendered by the arbitrator may be entered in any court of competent jurisdiction.

3. ANY DISPUTE RESOLUTION PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN ARBITRATION OR OTHERWISE, SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION, AND YOU AND Virtual TechOps EXPRESSLY AGREE THAT CLASS ACTION AND REPRESENTATIVE ACTION PROCEDURES SHALL NOT BE ASSERTED IN NOR APPLY TO ANY ARBITRATION PURSUANT TO THESE TERMS.

4. Any claims must be brought within one year of accrual or will otherwise be barred.

5. If you would like to opt out of this Arbitration Clause, you must contact us WITHIN 30 DAYS OF FIRST USING THE SERVICES and request to opt-out.