Terms Of Service Agreement

This Agreement sets forth the terms and conditions which apply to the use by the Customer of the VariLogiX, System (as defined below) and any other subscription products or services offered for sale by VariLogiX And/or its affiliates, Partners, Resellers (collectively, "VariLogiX.com"). The right to use any product or service offered by VariLogiX is personal to the Customer and is not transferable to any other person or entity without express written permission by VariLogiX.

Order, Acceptance and Service. When Accepted by VariLogiX, the Order submitted by Customer creates a contract between Customer and VariLogiX, consisting of the Order for services, the applicable Service Description and these Terms of Service. An Order is "Accepted" by VariLogiX, when (i) with respect to Orders submitted online, Customer places order online and provides payment to VariLogiX which is successfully accepted by our payment gateway, VariLogiX, provides Services in response to the Order or bills Customer for payment, call credits, plan subscription fee's and additional add-on services.

Service Types:

Monthly FraudCall Packages
The Term "Monthly FraudCall packages" Refers to those accounts which pay a monthly fee for service.
All provisions of this agreement apply to all account, FraudCall Basic, FraudCall Standard, FraudCall Advanced, FraudCall Pro, AFIS Basic and AFIS Pro unless otherwise noted.

Per Approved Call Only Packages
The Term "Per Approved Call Only Packages" Refers to those accounts which pay no monthly fee for our services and which only pay for approved calls only. Please note that the Per Approved Call Only Packages and pricing have been discontinued and are only Available to our current customers from our previous FraudCall 2.7 system and previous service. All provisions of this agreement apply to this level of service unless otherwise noted.

In consideration of Customers use of the Service, you the customer represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction country or other location. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) You agree to 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 VariLogiX has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, VariLogiX has the right to suspend or terminate your account and refuse any and all current or future use of the Service and any unused credits remaining in the account will be forfeited.(or any portion thereof).

a. VariLogiX, will provide, and Customer will purchase and pay for the Services specified in the Invoice(s) and any additional services added to the account, the service fees specified in the Order form and the applicable Service Description (the "Call Fees and Monthly Service Fee's, Additional Fee's Collectively Service Fee's ").
If at anytime VariLogiX encounters problems with our internal billing or payment system or billing your account for any length of time you agree that VariLogix may process your credit card for any services provided by VariLogiX

b. If Customer uses services in excess of such amounts, VariLogiX, may, without limiting its other rights or remedies, assess Customer with additional fees, in addition Customers which have the FraudCall Basic No Monthly fee Plan may not have in place any such device including but not limited to settings, software; that limits the system to such a way that would only submit orders known to be less than optimal.
All Per Approved Call Only Packages which use is in excess of or greater than 50% of the total monthly volume per profile where these calls result in declined and are non chargeable/billable calls will be subject to an additional fee of no more than $75.00 per month.

c. When all account funds have been depleted you will have the option in your account to add additional funds, customer understands that the service will not function without the availability of funds in the account and VariLogiX will not be responsible for any lost revenue once the service ceases to function if customer does not restock account with additional funds. There is an option to warn clients (email) when the balance in their account becomes below a pre determined level, it is the customer responsibility to enable this feature in their account and to make deposits when their balance is below this level.
VariLogiX reserves the right to cancel any account which holds a zero balance or which remains dormant with a balance for a period of one year (12 months)or more will be canceled and removed from our databases, if the customer wishes to resume services in the future, the customer will need to repurchase services and open a new account and pay the current per call fees at such time.

d Cancellations, Customer may terminate account at anytime, such cancellations will be effective at such time the customer notifies VariLogiX of the intent to cancel services. Customer understands that call credits will NOT be refunded. any and all credits remaining in the account will be forfeited at time of cancellation.

e. Account modifications may be done within given notice to VariLogiX, VariLogiX will assess a fee of $12.00 per account modification.

f. Setup fee. A $25.00 per account set up fee may be assess at the time of purchase

g. Call Refunds. calls which have been billed to your account without regard to status or outcome will not be refunded at anytime. VariLogiX reserves the right at our discretion to make any refunds it may deem nessassary but at no point will we be required to do so.

h. System Testing. If at anytime a client wishes to test the system with their billing software in which they do not want to be charged for the call they should put their telephone number on either the Approved or Denied List within their VCC. The result from which will send back the same response in which would have been sent back during a live call. Charges for call testing will not be refunded at anytime.

i. Black Number Ban List, VariLogiX customers are given the feature of a black number or Deny List within their VCC accounts. it is VariLogiX policy that any number that is called and declined or failed more then 3 times will be subject to a Permanent ban by VariLogiX. The notice of Permanent ban by VariLogiX will be displayed within the VCC under the Client Filter section for the black list management. Any number that which displays Permanent ban by VariLogiX notice will not be removed from this status without an additional service fee of $25.00 which may be assessed at the time of the request for removal.

j. IP Number Ban List, VariLogiX customers are given the feature of a IP Deny List within their VCC accounts. it is VariLogiX policy that any IP number that is called and declined or failed more then 3 times will be subject to a Permanent ban by VariLogiX. The notice of Permanent ban by VariLogiX will be displayed within the VCC under the Client Filter section for the black IP list management. Any IP number that which displays Permanent ban by VariLogiX notice will not be removed from this status without an additional service fee of $25.00 which may be assessed at the time of the request for removal.

Services & Fee’s
VariLogiX.com gives the subscriber the ability to automatically telephone (call) your customers/clients via an integrated automated voice authorization system. You must first have the permission to call your customer. You may not use this service for telemarketing purposes; you must state on your order form that you will be placing a call to them using an automated system for an authorization of their order, all calls that are completed and approved by the customer or the customers client are considered billable calls, no call credits will be refunded for any approved verified calls.

Service fee’s, Deposits, Monthly Charges are non refundable at anytime for any reason.
Upon successful signup for services you are bound to the terms and conditions set forth in this agreement and you agree specifically to the terms in this paragraph, VariLogiX reserves the right to change rates on per call fees as well as has at our option to charge for any and all calls either approved or declined calls without notice. We will post on our web site if such changes will be made and it is the customers responsibility to check for updates to these policies. There will be no refunds under any circumstances given to any client who has Completed the signup process and has attempted and connected to our services either successfully or unsuccessfully, once the connection has been established there will be no refunds on any fee's paid by client to VariLogiX or our designated merchant provider for telephone verification services.

Modifications of Terms of Service Agreement VariLogiX may at any time alter this Terms of Service agreement. Such modifications will be made public on our web site. Notifications will NOT be communicated in any other means; it is the subscriber's responsibility to check our web site for the updated version of the terms of service agreement from time to time.

Restrictions Subscribers agree not to use VariLogiX.com services for any means other than to validate the identity of their customers and the validity of their orders; we will not tolerate the use of our services for the use or to make unsolicited calls or for any unlawful purposes. All requested calls must originate through your order form from the API provided to you by your billing software or by VariLogiX manual call center. VariLogiX, reserves the right without explanation, to deny service to subscribers that are suspected of unsolicited calls or unlawful activity, and to report this activity to the proper authorities.

Subscriber's Responsibility, Subscriber is responsible for all information passed on to VariLogiX, VariLogiX, partners or affiliates will not be responsible or liable for any calls made incorrectly or for incorrect information passed through the API system from the subscriber.

Customer’s Representations and Warranties. Customer hereby represents and warrants to VariLogiX, and agrees that during the Term Customer will ensure that: (a) Customer is the owner or valid licensee of the software and each element thereof, and Customer has secured all necessary licenses, consents, permissions, waivers and releases for the use of the software and each element thereof, including without limitation, all trademarks, logos, names and likenesses contained therein, without any obligation by VariLogiX, to pay any fees, residuals, guild payments or other compensation of any kind to any Person; (b) Customer’s use, publication and display of the software will not infringe any copyright, patent, trademark, trade secret or other proprietary or intellectual property right of any Person, or constitute a defamation, invasion of privacy or violation of any right of publicity or any other right of any Person, including, without limitation, any contractual, statutory or common law right or any "moral right" or similar right however denominated; (c) Customer will comply with all applicable laws, rules and regulations regarding the FraudCall System and the Customer will use the VariLogiX, services only for lawful purposes; (d) Customer will use the Services only for legitimate business purposes.

License to VariLogiX, Customer hereby grants to VariLogiX, a non-exclusive, royalty-free, worldwide right and license during the Term to do the following to the extent necessary in the performance of Services under the Order: digitize, convert, install, upload, select, order, arrange, compile, combine, synchronize, use, reproduce, store, process, retrieve, transmit, distribute, publish, publicly display, publicly perform and hyperlink the Customer Content; and make archival or back-up copies of the Customer Content and the Customer Web site). Except for the rights expressly granted above, VariLogiX, is not acquiring any right, title or interest in or to the Customer or their clients, all of which shall remain solely with Customer.

VariLogiX, Acceptable Use Policy. Customer will abide by, and utilize the Services and the Customer Web site only in accordance with, the Acceptable Use Policy (the "Acceptable Use Policy") that VariLogiX, posts on its Web site; as such Acceptable Use Policy may be changed by VariLogiX, from time to time. The Acceptable Use Policy is hereby incorporated herein and made a part hereof by this reference. Customer shall impose the Acceptable Use Policy on its customers and End Users to the extent necessary to ensure their compliance. Customer shall familiarize itself with the Acceptable Use Policy and periodically access VariLogiX, Web site to determine if VariLogiX, has made any changes thereto.

Customer’s Responsibilities. a. Customer will cooperate fully with VariLogiX, in connection with VariLogiX, performance of the Services. Customer must provide any equipment or software that may be necessary for Customer to use the Services. Delays in Customer’s performance of its obligations under this Agreement will extend the time for VariLogiX, performance of its obligations that depend on Customer’s performance on a day for day basis. Customer will notify VariLogiX of any change in Customer’s mailing address, telephone, e-mail or other contact information.

b. Customer assumes full responsibility for providing End Users with any required disclosure or explanation of the various features of the FraudCall service which may be required in their state and any goods or services described therein, as well as any rules, terms or conditions of use.

c. Customer will provide VariLogiX, with a registered domain name and company name to be used with the VariLogiX service, upon Customer’s request and subject to the terms and conditions set forth below, the customer may change the company name associated with the account. (i) VariLogiX receiving from Customer all information needed from Customer in order to complete such change, and (ii) such name will be owned by the customer or the new owner. Customer will reimburse VariLogiX, for all costs and expenses incurred by such change in the VariLogiX system if any.

d. It is the customer’s responsibility to check for updates on VariLogiX, web site, VariLogiX will post information on its web site and through electronic mailings to inform clients of service outages or changes to the network.

e. Customer is responsible for keeping updated information in VariLogiX, databases.

Test Credits
Testing the ability of the customers software to work with any service of VariLogiX is the customers sole responsibility, VariLogiX is under no obligation for any reason to provide any type of credits or refunds for tests made through the FraudCall or AFIS system. VariLogiX May choose to extend this type of reimbursement from time to time under extenuating circumstances however we are under no obligation to continue do do so and any further practice of this will be at our sole discretion.

DISCLAIMER
ALL VariLogiX, SERVICES ARE PROVIDED "AS IS". SUBSCRIBER AGREES THAT THERE ARE NO WARRANTIES GIVEN EITHER FORMALLY, VERBALLY OR IMPLIED.

When using this service for telephone number, identity verification and order verification you agree there are no guarantees that using this service will completely "verify" your customers or their identity, or help you minimize fraud. You should NOT rely solely on this information. Automated calls should be simply another tool to assist you verify your orders and to help reduce fraudulent activity. VariLogiX, recommends placing periodic calls and screen your orders as if there were no automated FraudCall system in place.

There is no guarantee that the call will be answered by your customer. Verified and Completed calls will cost 1 credit or the equivalent of the current call price based on your service plan and deposit level. Calls that have been connected and declined or have been detected to be fraudulent, will not incur any charges against your account balance, VariLogiX reserves the right to change all pricing and the method and means of billing and may make changes at any time and without notice, customer will have no recourse other than to cancel service and forfeit any account balance in their account. VariLogiX provides a setting in the administration control panel that allows you to enable or disable to block or allow cell/mobile, costly or other types of phone numbers, but offers no guarantee in its operation. Further credits may be charged under other circumstances. Available countries, numbers and charges may change at any time without notice.

ACCOUNT, PASSWORD AND SECURITY You agree to use a secure and standard web browser such as Microsoft Internet Explorer or Netscape Navigator or other standard browser to access VariLogiX,

When you open your VariLogiX, account, you will be provided a USER ID, a USER NAME and password. You are responsible for maintaining the confidentiality of this information. You are also responsible for all uses of your account, whether or not actually or expressly authorized by you.

You agree not to use VariLogiX, in any manner that could damage, disable or impair any of VariLogiX, servers, computer systems or network, or interfere with any other party's use of VariLogiX or any of VariLogiX software applications or services. You agree not to attempt to gain unauthorized access to any of VariLogiX, software applications or services, other accounts, servers, computer systems or networks. You agree not attempt to obtain any materials or information not intentionally made available through VariLogiX, or to reverse engineer, decompile, or disassemble the software code. You may not use anyone else's account at any time, with or without the permission of the account holder. Customer agrees not to send excessive amounts of processes to or through the API or to the VariLogiX servers and understand that the customers account may be terminated for abuse of the services.

VariLogiX, respects your privacy, and will not use, sell, rent, trade or otherwise disseminate or disclose your data to any third party, except as required by law or by your authorized written request or consent.

As part of your Account, you will be responsible for creating and maintaining the confidentiality of your user name and password. You are responsible for all activity occurring under your Account. You agree that you will (i) immediately notify VariLogiX, of any unauthorized use of your user name or password and (ii) ensure that you properly exit a Forum at the completion of your session. VariLogiX, shall have no liability for any loss or damage arising from your Account or your failure to comply with these requirements.

Governing Law This Agreement shall be construed and enforced in accordance with the laws of the state of Michigan, USA.

No Assignment Neither this Agreement nor any interest in this Agreement may be assigned by you without the prior express written approval of VariLogiX,

Marketing Customer agrees that during the term of this Agreement VariLogiX, may publicly refer to Customer, orally and in writing, through its web site and services as a customer of VariLogiX.

Telephone Monitoring to ensure VariLogiX customers receive quality service; VariLogiX, randomly selects phone calls for monitoring. These calls, between VariLogiX, customers and employees, are evaluated by supervisors. This is to guarantee that prompt, consistent assistance and accurate information is delivered in a professional manner.

Headings Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent

Definitions. For purposes of this Agreement, the following terms have the meanings specified below:

"Agreement" means each contract created between VariLogiX, and Customer for the provision of Services consisting of an Order, the applicable Service Description and these

"End User" means any Person who accesses or uses the VariLogiX web site via the Internet.

"VariLogiX, Technology" means VariLogiX, proprietary technology, including, without limitation, FraudCall, AFIS services, software tools, hardware designs, algorithms, software (in source code and object code forms), user interface designs, architecture, class libraries, objects and documentation (both printed and electronic), network designs, know-how, trade secrets and any related intellectual property rights throughout the world (whether owned by VariLogiX, or licensed to VariLogiX, from a third party), and also including any derivatives, improvements, enhancements, updates, modifications or extensions of VariLogiX, Technology conceived, reduced to practice or developed during the term of this Agreement by either party.

"Person" means any individual, partnership, joint venture, corporation, limited liability Company, trust, unincorporated association or organization, or government or any agency or political subdivision thereof.

"Proprietary Information" means all technical, business and other information of a party (i) that is not generally known to the public, (ii) that derives value, economic or otherwise, from not being generally known to the public or to other Persons who can obtain value from its disclosure or use, and (iii) which information is subject to efforts that are reasonable under the circumstances to maintain the secrecy thereof.

"Order" means the Order submitted by the Customer to VariLogiX, for Services, whether such Order is submitted online through VariLogiX, Web site or on a written Order form.

"Prepaid" means Service(s) provided by VariLogiX, to Customer where the Customer must pay for the Service in advance for all verified fraud calls, AFIS or Consulting services.

"Terms of Service" means this Terms of Service Agreement, as the same may be modified, altered or amended from time to time by VariLogiX,

"Service" means either Service or Optional Service. "FraudCall" means the Service provided by VariLogiX, in response to an Order whereby VariLogiX, provides the Customer with specified connectivity to place a phone call to the customer’s end user during an order placed on the customer’s web site to verify identity and order verification as more particularly described in the applicable Service Description. "Optional Service" means any additional Service or services (other than FraudCall Service) VariLogiX, may provide in response to an Order, as more particularly described in the applicable Service Description.

"Service Description" means the applicable documents made available by VariLogiX, to Customer to describe the applicable Services at the time the Order is accepted by VariLogiX, Service Descriptions can be found throughout the VariLogiX web sites.

Final Agreement This Agreement terminates and supersedes all prior understandings or agreements on the subject matter hereof. This Agreement may be modified from time to time and made freely available on our web site; it is the customers responsibility to check for updates to this agreement. Customer agrees it is their obligation to view these terms of service and be aware of its contents, customer agrees that any continuation of services on their part is an exercise agreement to this TOS agreement.

Severability If any term of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included.

NO WARRANTIES VariLogiX, makes no warranties of any kind, whether express or implied, for the services to be provided hereunder.

You, agree that VariLogiX, shall not be liable for any losses or damages of any kind to you including, but not limited to, those that may result from service interruptions, delays, non-deliveries, or mis-deliveries. Additionally, VariLogiX, makes no warranties regarding its ability to recover any lost data, lost files, or other information, regardless of how or why the data or file was lost.

Termination You understand and agree that VariLogiX, may, in its sole discretion and at any time, terminate your Account or use of any services, and discard and remove any Content posted or submitted by you to any service, for any reason. VariLogiX, may also, in its sole discretion and at any time, discontinue any service or limit or restrict any user’s access thereto, for any reason. You understand and agree that VariLogiX, may take any one or more of these actions without prior notice to you. Should VariLogiX, take any of these actions, it may, in its sole discretion, immediately deactivate and/or delete any or all information about and concerning your Account, including your Registration Information, FraudCall order information, approved or declined order and submitted Content. You understand and agree that VariLogiX, shall not have any liability to you or any other person for any termination of your access to any service and/or the removal of information concerning your Account.

Indemnification of VariLogiX, Customer shall defend, indemnify and hold harmless VariLogiX,, its affiliates and their respective present, former and future officers, directors, employees and agents, and their respective heirs, legal representatives, successors and assigns (collectively the "VariLogiX, Indemnities"), from and against any and all losses, damages, costs, liabilities and expenses (including, without limitation, amounts paid in settlement and reasonable attorneys’ fees) which any of the VariLogiX, Indemnities may suffer, incur or sustain resulting from or arising out of (i) Customer’s breach of any representation, warranty, or covenant contained in the Agreement, (ii) the Customer Content, the Customer Web site or any End User’s use of the Customer Content or the Customer Web site, (iii) violation by Customer or any of its officers, directors, employees or agents of the Acceptable Use Policy or any applicable law, (iv) claims or actions of third parties alleging misappropriation of trade secrets or infringement of patents, copyrights, trademarks or other intellectual property rights arising from the use, display or publication of Customer’s domain names, the Customer Web site, the Customer Content, or the use of the Services in combination with hardware, software or content not provided by VariLogiX,, (v) claims or actions by third parties relating to or arising out of Customer’s use of the Services, and (vi) any failure of the Customer Content or any aspect of the Customer Web site to be compatible with the hardware or software used by VariLogiX, to provide the Services, including any damage to VariLogiX servers or other hardware caused thereby.

Electronic Delivery Policy

VARILOGIX, as an online business, transacts with its users electronically. WHEN YOU SIGN UP FOR ANY VARILOGIX PRODUCT, YOU CONSENT TO RECEIVE ELECTRONICALLY FROM VARILOGIX ANY PRIVACY OR OTHER NOTICES, AGREEMENTS, DISCLOSURES, REPORTS, DOCUMENTS, COMMUNICATIONS, OR OTHER RECORDS (COLLECTIVELY, "NOTICES"). You agree that VARILOGIX generally can send you electronic Notices in either or both of the following ways: (1) to the e-mail address that you provided to VARILOGIX during registration or (2) VARILOGIX may post Notices on a welcoming screen or top/bottom page of the relevant VARILOGIX Product. You agree that services may also have their own Notice procedures. You must check your designated e-mail address regularly for Notices. You must have a personal computer with a modem connected to a communications source (telephone, wireless or broadband), an Internet browser and Internet e-mail software in order to access electronic communications. You will need a printer attached to your personal computer to print any Notices. You can retrieve an electronic copy and a printable version of the Terms of Service by clicking on the "Terms of Service" link on the home page of VARILOGIX. The delivery of any Notice from VARILOGIX is effective when sent by VARILOGIX, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. Your only method of withdrawing consent to receive Notices electronically is to terminate any subscriptions, services or other products provided under these Terms of Service.

Governing Law

The Terms of Service shall be governed by and construed in accordance with the laws of the State of Michigan, without regard to its conflict of laws rules. You expressly agree that the exclusive jurisdiction for any claim or dispute under the Terms of Service and or your use of the VariLogiX Services resides in the courts located in the State of Michigan, and you further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action. The foregoing provision may not apply to you depending on the laws of your jurisdiction. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import

LIMITATION OF LIABILITY

a. IN NO EVENT WILL VARILOGIX, LIABILITY IN CONNECTION WITH THE SERVICES, ANY SOFTWARE PROVIDED HEREUNDER OR ANY ORDER, WHETHER CAUSED BY FAILURE TO DELIVER, NON-PERFORMANCE, DEFECTS, BREACH OF WARRANTY OR OTHERWISE, EXCEED THE AGGREGATE SERVICE FEES PAID TO VARILOGIX, BY CUSTOMER DURING THE 30 DAY PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.

VARILOGIX, CANNOT GUARANTEE CONTINUOUS SERVICE, SERVICE AT ANY PARTICULAR TIME, INTEGRITY OF DATA, INFORMATION OR CONTENT STORED OR TRANSMITTED VIA THE INTERNET. VARILOGIX, WILL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO, OR ANY CORRUPTION, ERASURE, THEFT, DESTRUCTION, ALTERATION OR INADVERTENT DISCLOSURE OF, DATA, INFORMATION OR CONTENT TRANSMITTED, RECEIVED OR STORED ON ITS SYSTEM.

b. EXCEPT AS EXPRESSLY PROVIDED BELOW, NEITHER PARTY SHALL BE LIABLE IN ANY WAY TO THE OTHER PARTY OR ANY OTHER PERSON FOR ANY LOST PROFITS OR REVENUES, LOSS OF USE, LOSS OF DATA OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS, LICENSES OR SERVICES OR SIMILAR ECONOMIC LOSS, OR FOR ANY PUNITIVE, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR SIMILAR DAMAGES OF ANY NATURE, WHETHER FORESEEABLE OR NOT, UNDER ANY WARRANTY OR OTHER RIGHT HEREUNDER, ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OR NON-PERFORMANCE OF ANY ORDER, FOR ANY CLAIM AGAINST THE OTHER PARTY BY A THIRD PARTY, REGARDLESS OF WHETHER IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH

c. VariLogiX, shall not be responsible for, and shall not pay, any amount of incidental, consequential or other indirect damages, whether based on lost revenue or otherwise, regardless of whether VariLogiX, was advised of the possibility of such losses in advance. In no event shall VariLogiX, liability hereunder exceed the amount of current Service fee paid by you, regardless of whether your claim is based on contract, tort, strict liability, product liability or otherwise.

d. UNDER NO CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE WILL VARILOGIX.COM BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES CAUSED TO SUBSCRIBERS OR TO ANY THIRD PARTIES EITHER DIRECTLY OR INDIRECTLY. THIS INCLUDES BUT NOT LIMITED TO ADVICE OFFERED BY VARILOGIX.COM, INCORRECT CALLS, BLOCKED CALLS, FRAUDULENT CALLS, UNAUTHORIZED CALLS OR TECHNICAL DIFFICULTIES. WE RESERVE THE RIGHT TO DELETE; CANCEL, REVOKE ANY ACCOUNT AT ANYTIME WITHOUT NOTICE WITHOUT REFUND. IN NO EVENT SHALL VARILOGIX TOTAL LIABILITY TO YOU BE FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE OR OUR SERVICES OR ANY PARTNER SITES OR SERVICES.

e. SUBSCRIBER INDEMNIFIES AND HOLDS HARMLESS VARILOGIX.COM, ITS EMPLOYEES, AFFILIATES AND PARENT COMPANY FROM ANY LIABILITIY IN THE EVENT OF ANY SERVICE FAILURE, OR ANY OTHER UNFORSEEN CIRCUMSTANCES OR ACTS OF GOD BEYOND OUR CONTROL.

SUBSCRIBER SHOULD SEEK LEGAL ADVICE IF THEY ARE IN DOUBT OF ANY SERVICES RELATED TO VARILOGIX