This is an Agreement between you and Vali Architects, a Hawaii concern, and this Agreement governs both your legal rights with regards to Vali Architects the business as well as your use of our website (www.valiarchitects.com). With exceptions as noted within this Agreement, it supercedes anything found on our Website or elsewhere. You explicitly and implicitly agree to be bound by the terms and conditions of this Agreement each time you access our Website. If you do not wish to be so bound, please do not use or access our Website. We may amend this Agreement at any time by posting the amended terms on our website. We may post notices on the homepage of our Website when such changes occur. Such changes become effective in the time as specified in the notice.
Our Products & Services
Vali Architects provides Sketchup Ruby Scripts (Products) for purchase that are based upon Google SketchUp.
Purchasing Our Products & Services
You understand and agree that the purchase and/or use of our Products will subject you to our End User License Agreement (EULA), which is a separate legal document, apart from this Agreement. Our EULA is the controlling legal document with regard to the licensing of our Ruby Scripts and you understand and agree that it supercedes anything found on our Website or elsewhere. You understand and agree that the purchase of our Services are handled outside of our Website, though you may pay for our Services through the 3rd party billing services we use with our Website. Our Services are covered under a separate consulting agreement, apart from this Agreement, and you understand and agree that it supercedes anything found on our Website or elsewhere.
Our Website Content
You understand and agree that United States Copyright Law protects our Website. As such, you will not attempt to reverse engineer or otherwise copy our Website other than is necessary for its intended use. Any violation of this provision is grounds for subjecting you to civil and criminal action under state and federal law.
To purchase our Products, you will need to register with Vali Architects. By registering your account with Vali Architects, you represent that you are at least 18 years old and that, to the best of your knowledge and belief, your registration information is truthful, accurate, and complete. When you register, you can choose a user name and password. You understand and agree that you are responsible for maintaining the secrecy of your password and for activities occurring under your account. You should change your password promptly and notify us if you believe that others are accessing your account. To protect yourself and Vali Architects, you understand and agree that you will not loan your user name and password to others.
Notices, Promotions, & Newsletters
You understand and agree that by purchasing our Products, we may contact you with notices regarding your product, including, but not limited to, bug fixes and upgrades. You also understand and agree that you may choose to place your name on our list to receive emails regarding our Website, our new Products, and the Vali Architects newsletter. If at any time you no longer wish to receive such emails, please visit the "Account Settings" section of our Website.
User Contributions, Testimonials and Opinions
You understand that our Website and any newsletters or emails you receive from Vali Architects or our affiliates may include user-contributed materials (such as blogs or discussion groups), testimonials and opinions from other individuals, including, but not limited to, users of our Website, providers of similar products, and other industry professionals. You understand and agree that such user-contributed materials, testimonials, and opinions are considered those of the individual that gave them and in no way represent a warranty of our Products. Furthermore, you understand and agree that Vali Architects is no way liable for the content and your reliance on it of any such user-contributed materials, testimonials, and opinions.
Waiver of Liability for Links to Other Websites
Our Website and Products may contain links to other websites. You understand and agree that Vali Architects has no control over the content of any such websites, especially with regards to the accuracy, reliability, and timeliness of their content. As always, you understand and agree that your use and reliance on any content from such other websites is solely at your own risk. You understand and agree that Vali Architects is in no way liable for any damages to you that may arise from such use or reliance, regardless of the fact that you reached such a website through our Website.
General Waiver of Liability
Vali Architects makes no warranties with regards to the use or availability of our Website or Products. To purchase our Products from our Website, you will have to provide a credit card for billing purposes. We use 3rd party billing services and HAVE NO CONTROL over these services and are not liable for their actions. In any event, you understand and agree that Vali Architects, its officers and employees, and its representatives will never be liable to you or any other related 3rd party for special, indirect, consequential, or punitive damages related to your use of our Website or purchase of our Products.
Credit Card Charge-Backs
While we actively support fighting credit card fraud, Vali Architects has a zero-tolerance policy regarding credit card charge-backs. If you use a credit card to purchase our Products and then start a charge-back process regarding such a purchase, Vali Architects will immediately terminate your account AND we will blacklist your account and the credit card number you provided. You can never again use that account and credit card with Vali Architects.
Arbitration of Disputes
If we cannot amicably resolve any legal dispute or damage claim that should arise from your interactions with our Website or Vali Architects, you agree to resolve any such dispute or damage claim by arbitration. The arbitration proceeding shall be conducted in Kauai County, HI, in accordance with the rules of the American Arbitration Association then in effect with one (1) arbitrator to be selected by mutual agreement of both you and Vali Architects. If we cannot agree on an arbitrator, then the American Arbitration Association shall select an arbitrator from the National Panel of Arbitrators. The laws of State of Hawaii shall apply to the arbitration proceedings. You agree that the arbitrator cannot award punitive damages to either of us and agree to be bound by the arbitrator’s findings. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. Arbitration does not apply to your violation of our copyright or EULA.
Choice of Law
You agree that the laws of the State of Hawaii are to be used with regards to any interactions with our Website or Vali Architects.
Questions About This User Agreement
If you have a question about this User Agreement, please contact us by email.