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Viking Sasquatch, LLC

TERMS OF USE 

IMPORTANT NOTICE TO USERS—PLEASE READ CAREFULLY

Viking Sasquatch, LLC (“Viking Sasquatch”, “Us”, “Our, or “We”) provides certain Services, Deliverables, Software, and Software Applications to its Customers and persons associated with those Customers. By accessing any Website, Service, Deliverable, Software, or Software Application developed or maintained by Us, You become a user (“User”) under these Terms of Use and You agree to these Terms of Use. (User may also be referred to as “You” or “Your” in these Terms of Use). 24|Seven Fees is a product of Viking Sasquatch, LLC.

  1. 1. Acceptance of Terms of Use. The Services, Software, and/or Software Applications provided by Us to You are offered subject to acceptance of all of the conditions, provisions, and terms contained in these Terms of Use, the Privacy Policy adopted by Us, and all other operating rules, policies, and procedures that may be adopted and provided to its Customers or Users. Such rules, policies, and procedures may be communicated via email or by posting them on a website hosted or maintained by Us. If there is a conflict between two versions of the Terms of Use to which You have agreed to or been deemed to agree, the most recent version of the Terms of Use shall be applicable, unless it is expressly stated otherwise. In addition, other services offered by Us to You may be subject to terms and conditions contained in an agreement (such as a SaaS Services Agreement) between Us and Our Customer.
  2. 2. Eligibility for Use of the Services, Software, or Software Application. The Services, Software, and/or Software Application are only available to individuals who are at least eighteen (18) years of age. In using the Services or accessing the Software or Software Application, You represent and warrant that you are an individual who is at least eighteen (18) years of age and otherwise fully able and competent to agree to these Terms and Conditions and any other conditions applicable to the use of the Services, Software, and/or Software Application. You also represent that all information that You have provided in the process of becoming a User is accurate, complete, and truthful and that you have not intentionally omitted or misrepresented any of the information requested. If you are accessing the Services, Software, or Software Application on behalf of an entity, such as Your employer or an entity that employs You as a consultant or independent contractor, You warrant and represent that You have the legal authority to bind that entity to these Terms of User.
  3. 3. User Account Registration. To get access to the Services, Software, or Software Application, You must accept and agree to these Terms of Services and create a user account by providing all information requested by Us which may constitute personal data. During the registration process, you will select a user name and a password. You are responsible for maintaining the confidentiality of Your user name and password. By completing this registration process, You will be assigned a user account (“User Account”). You agree that you will not share your user name or password with any other person. Unless authorized by Us, in writing, You will not allow any other person to access your User Account. We reserve the right to reject any user name or password selected by you if we deem it is inappropriate. We also reserve the right to require you to change Your password if deemed necessary by Us. You agree that You will immediately notify Us if You believe that an unauthorized person has accessed Your User Account.
  4. 4. Responsibility for Services Used or Ordered Through User Account. You understand and agree that You and/or the entity that You represent are responsible for any and all Fees charged by Us for the Services You use through Your User Account. These Fees may be set forth during the registration process or in an Agreement between Us and the entity that you represent and the terms and conditions concerning those Fees are incorporated by reference into these Terms and Conditions. During the registration process, you might have been required to provide a method of payment (such as a credit card, charge card, debit card, and/or bank account information). If You authorized the payment of Our Fees through one of those methods of payment, You represent and warrant that you are authorized on such account to direct payment using that account to Us. If payment is ever declined by that payment method, You agree that you will reimburse Us for all charges or Fees so declined and any and all reasonably necessary fees and costs (including, but not limited to, reasonable attorneys’ fees) incurred by Us in collecting for those charges or Fees. Additionally, We will attempt to notify You that payment of the charges have been declined; however, regardless of whether you receive that notice the charges were declined, We have the right and power to suspend or permanently terminate Your User Account for non-payment until such time as payment has been made by You.
  5. 5. User Conduct Guidelines.
    1. 5.1.You represent and warrant any that and all information You provide to Us is accurate, complete, and truthful. We are entitled to rely on that information as accurate, complete, and truthful, and We have the right, but not the duty, to independently verify whether such information is, in fact, accurate, complete, and truthful. We reserve the right to immediately suspend or permanently delete your User Account if any information that you provided to Us during the registration process or thereafter proves to be inaccurate, incomplete, or false.
    2. 5.2. You understand and agree you will not allow any other person to use or access your User Account, unless authorized, in writing, by Us. And, you also understand and agree you will not use any other person’s User Account, unless authorized, in writing, by Us.
    3. 5.3. You will not post or otherwise transmit through the user of the Services, the Software, the Software Application, or Your User Account any material or information that could be offensive, fraudulent, threatening, defamatory, obscene, scandalous, inflammatory, pornographic, profane, racist, sexist, or a violation of any person’s civil rights.
    4. 5.4. You will fully cooperate with Us in any investigation that Your behavior or the behavior of any other person violated any of these User Conduct Guidelines.
  6. 6. Termination or Suspension of User Account.
    1. 6.1. You may suspend or terminate Your User Account for any or no reason at any time by providing notice of such suspension or termination to Us. Such notice may be sent to Us via email to the email address contained in the Notice Section of these Terms of Use.
    2. 6.2. We may suspend or terminate Your User Account for any or no reason at any time by providing you with notice of such suspension or termination to You. You agree that We are permitted to provide You with notice of such suspension or termination to the email You provided to Us during the registration process for Your User Account.
  7. 7. Disclaimer of Warranties.
    1. 7.1 WE NEITHER WARRANT OR REPRESENT THAT THE SERVICES, SOFTWARE, OR SOFTWARE APPLICATION WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, SOFTWARE, OR SOFTWARE APPLICATION. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES AND IMPLEMENTATION SERVICES ARE PROVIDED “AS IS” AND “WHERE IS”. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
    2. 7.2 WE PROVIDE NO WARRANTIES AGAINST VIRUSES, SPYWARE, OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER, LAPTOP, TABLET, MOBILE TELEPHONE, OR MOBILE DEVICE.
    3. 7.3 WE DO NOT GUARANTEE, EXPRESSLY OR BY IMPLICATION, THAT THE SERVICES, SOFTWARE, AND/OR SOFTWARE APPLICATION WILL MEET YOUR REQUIREMENTS AND EXPECTATIONS.
    4. 7.4 WE DO NOT GURANTEE THAT THE SERVICES, SOFTWARE, AND/OR SOFTWARE APPLICATION OR ACCESS TO ANY OF THEM WILL BE AVAILABLE WITHOUT INTERRUPTION, OR BE SECURE, OR ERROR-FREE.
  8. 8. Limitation of Liability.
    1. 8.1 NOTWITHSTANDING ANYTHING TO THE CONTRARY (EXCEPT FOR BODILY INJURY OF A PERSON), WE AND OUR SUPPLIERS (INCLUDING, BUT NOT LIMITED TO, ALL EQUIPMENT AND TECHNOLOGY SUPPLIERS), OFFICERS, MEMBERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS, AND EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THESE TERMS AND CONDITIONS RELATED THERETO UNDER ANY LEGAL THEORY (WHETHER BASED IN CONTRACT, QUASI-CONTRACT, PROPERTY RIGHTS, STATUTORY RIGHTS OR DUTIES, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY) FOR ANY OF THE FOLLOWING:
      1. 8.1.1 ANY ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, OR LOSS OF BUSINESS;
      2. 8.1.2 ANY INDIRECT, EXEMPLARY, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES;
      3. 8.1.3 ANY MATTER BEYOND OUR REASONABLE CONTROL;
      4. 8.1.4 LOST PROFITS; AND/OR,
      5. 8.1.5 ANY DAMAGES FOR LOST REVENUE OR INCOME, BUSINESS OPPORTUNITY, GOODWILL, OR REPUTATION IF THE SERVICES, SOFTWARE, OR SOFTWARE APPLICATION IS, FOR ANY REASON, NOT AVAILABLE OR CANNOT BE USED FOR ANY PERIOD OF TIME (EVEN DURNG NORMAL BUSINESS HOURS).
    2. 8.2 THIS LIMITATION SHALL BE EFFECTIVE EVEN IF WE WERE ADVISED, EITHER BEFORE OR AFTER THE EFFECTIVE DATE OF THESE TERMS OF USE OF THE POSSIBILITY OF ANY OF THE DAMAGES SET FORTH IN THIS SECTION 8.
  9. 9. Service Level Agreement (SLA)
    1. 9.1. Service Commitment: Viking Sasquatch will use commercially reasonable efforts to provide a Monthly Uptime Percentage of at least 99.5% for its services during each calendar month. If Viking Sasquatch does not meet the Monthly Uptime Percentage commitment, customers may be eligible for service credits as described below.
    2. 9.2. Definitions:
      1. 9.2.1. Monthly Uptime Percentage: Calculated by subtracting from 100% the percentage of minutes during the month in which the Viking Sasquatch services were “Unavailable” (see definition below). "Monthly Uptime is measured and calculated by Viking Sasquatch's monitoring systems. Measurements are taken at 5-minute intervals from multiple locations globally."
      2. 9.2.2. Unavailable: A period when all attempts to establish a connection to the service fail due to reasons within the control of Viking Sasquatch.
      3. 9.2.3. Service Credit: A percentage of the monthly service fees credited to the customer if the Monthly Uptime Percentage falls below 99.5%.
  10. 9.3. Service Credit Eligibility
    1. 9.3.1. 99.5% – 100% Monthly Uptime: No Service Credit
    2. 9.3.2. 99.0% – 99.49% Monthly Uptime: 10% Service Credit
    3. 9.3.3. 95.0% – 99.0% Monthly Uptime: 25% Service Credit
    4. 9.3.4. Below 95.0% Monthly Uptime: 100% Service Credit
  11. 9.4. To receive a Service Credit, customers must submit a claim within 30 days of the month in which the incident occurred, including details of the dates and times of the Unavailability.
  12. 9.5. Exclusions: The Service Commitment does not apply to any unavailability caused by:
    1. 9.5.1. Factors outside of Viking Sasquatch’s reasonable control (e.g., force majeure, third- party services, network outages, etc.)
    2. 9.5.2. Scheduled maintenance with at least 24 hours’ advance notice.
    3. 9.5.3. Customer’s own software, hardware, or network issues.
    4. 9.5.4. Customer’s failure to comply with the platform’s policies or exceed applicable usage limits.
  13. 9.6. Credit Application: Service Credits will be applied toward future payments for the service and cannot be exchanged for monetary refunds. Credits are capped at 100% of the fees for the month in which the service failed to meet the commitment.
  14. 10. Dispute Resolution.
    1. 10.1. Any claim arising under, touching, or otherwise concerning these Terms of Use must be submitted to arbitration by the American Arbitration Association (“AAA”) under its then current rules applicable of commercial disputes.
    2. 10.2. The claim will be resolved by a single arbitrator regardless of the relief sought by the aggrieved Party. The arbitrator must be a former judge, or an attorney licensed to practice in any State or Commonwealth within the United States.
    3. 10.3. The arbitrator shall issue a written, reasoned award that sets forth findings of fact and conclusions of law.
    4. 10.4. To the maximum extent permitted by applicable law, You agree that no arbitration proceeding or other dispute resolution mechanism or proceeding commenced by You or Us shall be joined by any other party, person, or entity, or decided on a class-action basis.
  15. 11. Governing Law and Waiver of Trial by Jury.
    1. 11.1. These Terms of Use will be governed by the internal, substantive laws of the State of North Carolina. These Terms of Use will be considered to be a contract made, and to be performed, in the State of North Carolina. No portion of the State’s conflicts of laws rules shall apply as to whether North Carolina law is the governing law.
    2. 11.2. WAIVER OF TRIAL BY JURY. YOU AND WE WAIVE ANY RIGHT TO A JURY TRIAL ON ANY CLAIM ARISING UNDER OR IN CONNECTION WITH THESE TERMS OF USE OR ANY AGREEMENT OR POLICY REFERENCED IN THESE TERMS OF USE.
  16. 12. Notices.
    1. 12.1. You understand and agree that any notice by Us to You will be sent to the email address you provided when you registered for your User Account. You also understand and agree that, if you are employed by an entity, a copy of Our notice to You will also be provided to your employer.
    2. 12.2. You understand and agree that any notice by You to Us must be sent to the following email address; info@24sevenfees.com. You also understand and agree, if the notice sent by You alleges a breach of any agreement to which We are a party, or a violation of these Terms of Use, or a violation of another person’s intellectual property rights, you must send a copy of that notice to the following email address: pat@vikingsasquatch.com
  17. 13. Digital Millennium Copyright Notice.
    1. 13.1. We respect the intellectual property of others and ask that You do likewise. Should You believe that Our Services, Software, and/or Software Application is infringing on the copyright of any other person (“Copyright Owner”), We request that You or the Copyright Owner send notification of such potential violation to Our Designated Agent (see Section 11.2, above) as soon as is practical. Such notice must include the following:
      1. 13.1.1 A physical, digital, or electronic signature of the Copyright Owner or a person representing him or her.
      2. 13.1.2 An identification of the copyright that has alleged been infringed by Us.
      3. 13.1.3 Sufficient information to permit Us to contact the Copyright Owner or a person representing him or her concerning the alleged infringement. Such information should include the physical address, telephone number, or email address of the Copyright Owner or the person representing him or her.
      4. 13.1.4 Identification of the material that the Copyright Owner claims We are allegedly infringing.
      5. 13.1.5 A statement that the Copyright Owner or the person representing him or her believes, in good faith, that Our use of the allegedly copyrighted material is not authorized by the person or persons holding the copyright on such materials, is not authorized by that person’s agent, and is not authorized by law.
      6. 13.1.6 If the information is sent by a person representing the Copyright Owner, written proof that such person has the right and power to represent the Copyright Owner, which must contain a power of attorney or its equivalent that is signed by the Copyright Owner and notarized. The document must name the person who claims to be representing the Copyright Owner.
      7. 13.1.7 A statement that all of the foregoing information is, under penalty of perjury, accurate, complete, and truthful.
    2. 13.2. Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Section 512(c) (as amended) (“DMCA”), Our Designated Agent for claims under this Section 12 is:

      3. Designated Agent for Claimed Copyright Infringement

      Viking Sasquatch, LLC

      Email Address: info@24sevenfees.com

      Physical Address: 817 Old Moreland Rd Bluffton, SC 29910

  18. 14. Electronic or Digital Signatures.
    1. 14.1. The Federal Act commonly known or referred to as the Electronic Signatures in Global and National Commerce Act (as amended) (“ESIGN”) and similar State laws, such as the Uniform Electronic Transactions Act (as amended) (“UETA”), authorize the creation of legally binding and enforceable agreements or contracts using digital or electronic records and signatures. ESIGN and UETA require businesses that want to use electronic records or signatures in consumer transactions to obtain the consumer’s consent to receive information electronically. By completing the registration process for a User Account, You agree to transact business electronically as authorized by ESIGN and UETA.
    2. 14.2. Under the laws referenced above, Your use of digital or electronic signatures to sign documents legally binds You in the same manner as if You had manually signed such documents. The use of digital or electronic versions of documents fully satisfies any requirement that those documents be provided to you in writing.
    3. 14.3. f You sign such documents digitally or electronically, You represent you have the ability to access and retain a record of such documents.
    4. 14.4. You agree You are responsible for understanding these documents and agree to conduct business by digital or electronic means.
  19. 15. Introductory Paragraph and Privacy Policy. The first paragraph of these Terms of Use are incorporated by reference into the body of the Terms of Use as substantive provisions as though fully set forth here. The Privacy Policy of Viking Sasquatch, LLC, is incorporated by reference into these Terms of Use as though fully set forth here.
  20. 16. Conflict with Agreement. If the Services, Software, and/or Software Application are being used by You pursuant to a SaaS Services Agreement between Us and Your employer, these Terms of Use shall, to the maximum extent possible, be read to be consistent with the terms and provisions of that SaaS Services Agreement; however, if there is an unavoidable conflict between these Terms of Use and that SaaS Services Agreement, the terms and provisions of the SaaS Services Agreement shall control.
  21. 17. Effective Date of Terms of Use. These Terms of Use were last updated on Oct 29th, 2024.
  22. 18. Entire Agreement. These Terms of Use along with any agreement or policies referenced in them is the complete and exclusive statement of the mutual understanding of the You and Us concerning the subject matter of these Terms of Use. Any amendment to, modification of, or supplement to these Terms of Use must be in writing and authorized representatives by Our Managing Member or Chief Executive Officer to be effective.