Terms and Conditions

Viable Inc. ("Company")
Website Terms and Conditions of Use
Revised as of November 20, 2008

Welcome to www.viable.net (the "Website"). Viable, Inc., provides access to the Website, and its products, including but not limited to its, services, offerings, and downloads to you subject to the following terms and conditions. In return for gaining access, you agree to be bound by these terms and conditions of use without limitation or qualification. If you do not intend to be legally bound by these terms and conditions of use, do not access or use the Website or any of Viable, Inc.'s products, including but not limited to its, services, offerings, or downloads.

If you visit the Website or use any of its services, you accept these terms and conditions of use.

Please read them carefully.

Downloading Viable Vision

Viable Vision is made available for deaf and hard of hearing users who intend to use ViableVRS interpreting services. In no way is this limited, personal, non-sublicensable, and non-exclusive license considered a sale of the software, or personal property of the licensee. ViableVRS may not be used for commercial applications without obtaining a license from Viable to use the software for commercial purposes. Use of this software must be used in conjunction with a valid and active subscription provided by Viable, Inc., which is licensed by Dylogic S.r.l. to Viable, Inc., for distribution of the software in conjunction with the use of the service provided by Viable, Inc., and is not for sale and cannot be resold. This license and service is not for use as a standalone application or for other intents and purposes without prior written consent of Viable, Inc. The licensee may produce copies of the software, and install and use such copies on several different computers, provided that only one licensee may use the software at any given time. All of these copies are subject to the requirements of this license agreement.

You understand that you may not use Viable Vision to participate in transmitting information that may be considered illegal or offensive in nature, including but not limited to; sexually explicit images, harmful, threatening, harassing, abusive, obscene, or hateful material. Should you be exposed to such content, you understand that Viable is not legally responsible.

Use of ViableVRS

ViableVRS is a free Video Relay Service that acts in compliance with the standards set forth by the Federal Communications Commission ("FCC"). You agree not to use ViableVRS for any unlawful, abusive, or fraudulent purposes, including, for example, using the services in a way that interferes with Viable's ability to provide services to you or other customers. If Viable has reason to believe that you or someone else is abusing the services or using them fraudulently or unlawfully, Viable reserves the right for the immediate suspension or cancellation of your use of Viable products or services without advance notice.

By using ViableVRS, you also understand and agree to the following terms and conditions:

VRS & 911

Calling 911 through a relay center is different than calling 911 from a TTY, which is connected to a landline. Your local emergency response center has your address associated with your telephone number so when you call 911 through a TTY, your address also shows up on the emergency response center's computer; even if you do not type anything, your local emergency response center will know where to send help. This is different than using VRS for 911 calls because your location is not automatically known by the emergency response center. When you dial 911 through VRS, you will need to tell the Video Interpreter the location of your emergency. The Video Interpreter will then call your emergency response center and tell them your location. The possible risks of this system include taking more time to process a 911 call and errors in conveying your location information to the emergency response center. Viable is not responsible for any errors that delay the arrival of or result in the misrouting of emergency personnel responding to your call. Viable makes no warranties, express or implied, related to your use of the 911 system. The best way for you to contact 911 is for you to call directly from a TTY.

Other Terms & Conditions:

• You will not use ViableVRS for any illegal purposes, or anything that may be considered harmful, threatening, or abusive.
• You will not impersonate anyone or misrepresent your identity, or otherwise take advantage of ViableVRS to conduct fraud or forgery.
• You will not use Viable's technologies in any way that would cause harm or damage to Viable, Inc. including its employees, affiliates, lawful end users, customers, and service providers, or its overall business and practices.
• You understand that while ViableVRS makes every effort to transmit information to the best of our abilities, Viable and its employees are not responsible for any errors or omissions in any communication, transmitted data, or attempted transmissions via ViableVRS.
• You agree that Viable is not liable for any failure, downtime, or malfunctions with ViableVRS.
• You agree that Viable, Inc. shall not be responsible or liable for any claim or causes of action that may occur from your use of Viable Vision or ViableVRS. You further agree to indemnify all employees, directors, agents, and affiliated entities from all fees, costs, expenses, and damages that may arise from such claims.
• In no way is Viable to be held liable for punitive, actual, direct, indirect, or consequential damages that may or may not result from the usage of Viable Vision or ViableVRS. ViableVRS reserves the right to change the terms of this agreement or terminate this agreement without advance notice.

Privacy

Please review our privacy policy, which also governs your visit to the Website, to understand our privacy practices.

Geographic Scope

The Website may be viewed internationally, and may contain references to products or services not available in all countries. References to a particular product or service do not imply that Viable intends to make such products or services available in such countries.

Electronic Communications

When you visit the Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically via e-mail or by posting notices on the Website satisfy any legal requirement that such communications be in writing.

Copyright

All content included on the Website, including, but not limited to, text, design, graphics, logos, button icons, images, audio and video clips, digital downloads, interfaces, data compilations, software, and code, is the property of Viable, its affiliates, or its content suppliers, and is protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Viable, its affiliates, or its content suppliers, and is protected by U.S. and international copyright laws. All software used on this site is the property of Viable, its affiliates, or its software suppliers and is protected by United States and international copyright laws. For purposes of these terms and conditions of use, the term "affiliates" means any entity or person, directly or indirectly, owning a controlling interest, or under common ownership control with, Viable, or any entity or person in which Viable, directly or indirectly, owns a controlling interest in. Nothing contained on the Website should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any of the copyrighted works displayed or contained in the Website without the express, written consent of Viable Inc.

Trademarks

Viable or one of its affiliates is the owner of and makes the claim to the use of the following trademarks, service marks, trade names, graphics, logos, page headers, button icons, scripts, cartoon characters, trade dress, or other indicia of trade origin that appear on this Website, including, without limitation the following:

Innovative Visual Communication
It's Your Call
myViable
Viable
Viable Screen Name
Viable Vision
ViableVRS
VMan
VPAD

The registered and unregistered trademarks, service marks, trade names, graphics, logos, page headers, button icons, scripts, cartoon characters, trade dress, or other indicia of trade origin of Viable or its affiliates may not be used on connection with any business, product, or service whose source is not Viable or one of its affiliates, in any manner that is likely to cause confusion among customers, the trade, or the public, or in any manner that disparages or discredits Viable or any of its affiliates. All other trademarks, service marks, trade names, and logos not owned by Viable or its affiliates that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Viable or its affiliates. Nothing contained on the Website should be construed as granting by implication, estoppels or otherwise, any license or right to use any of the trademarks, service marks, trade names, graphics, logos, page headers, button icons, scripts, cartoon characters, trade dress, or other indicia of trade origin of Viable or its affiliates displayed or contained in the Website without the express, written consent of Viable or its affiliates.

License and Site Access

Viable grants you a nonexclusive, nontransferable, limited right and license to access and make personal use of the Website and the material provided hereon, including Viable Vision, for your personal, noncommercial use, provided that you fully comply with the terms and conditions of use of the Website. You agree not to download (other than page caching) or modify the Website, or any portion of it, except with express, written consent of Viable.

This license does not include any rights of resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its contents; any downloading or copying of account information for the benefit of another; or any use of data mining, robots, or similar data gathering and extraction tools. The Website or any portion of the Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express, written consent of Viable. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including, without limitation, images, text, page layout, or form) of Viable or its affiliates without its or their respective express, written consent. You may not use any metatags or any other hidden text utilizing Viable's or its affiliates' name or trade names, trademarks, or service marks without the express, written consent of Viable. Any unauthorized use terminates the permission or license granted by Viable.

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Viable so long as the link does not portray Viable, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter in an offensive manner. You may not alter any proprietary graphic, trade name, trademark, or service mark of Viable or any of its affiliates as part of the link without the express, written consent of Viable.

Your Account

If you use the Website, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under you account or password.

Reviews, Comments, Communications and Other Content

Viable and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. Visitors may not post reviews, comments and other content, send e-cards and other communications, or submit suggestions, ideas, comments, questions or other information, any of which is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, or which consists of or contains software viruses, political campaigning, or commercial solicitation, chain letters, mass mailings, or any form of disruptive, typically unsolicited commercial email messages commonly known as spam. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Viable reserves the right (but has no obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Viable and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from distribute, and display such content throughout the world in any media, including, without limitation, any ideas, concepts, know-how, or techniques contained in any communications, content, or materials you send to the Website for any purpose whatsoever, including, without limitation, developing, manufacturing, providing, or promoting new products or services using such information and things. You grant viable and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate the Terms and Conditions of Use and will not cause injury to any person or entity; and that you will indemnify Viable, its related entities and its affiliates for all claims resulting from content you supply.

From time to time, Viable may monitor and edit or remove any activity or content, but it has no obligation to do so. Viable takes no responsibility and assumes no liability for any content posted by you or any third party. Harassment in any manner or form on the Website, including via e-mail or chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including a Viable employee, host, or representative or other members or visitors to the Website is prohibited. You may not upload to, distribute, or otherwise publish through the Website any content that is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive illegal, or otherwise objectionable, or that constitutes or encourages a criminal offense, violates the rights of any party, or otherwise gives rise to liability or violates any law. You may not upload commercial content on the Website or use the Website to solicit others to join or become members of any commercial online service or other organization.

Links

The terms and conditions of use apply only to this Website, and not to the websites of any other person or entity. We may provide, or third parties may provide, links to other worldwide websites or resources. You acknowledge and agree that we are not responsible for the availability of such external websites or resources, and do not endorse (and are not responsible or liable for) any content, advertising, products, services, or other materials on or available from such other websites or resources. You further acknowledge and agree that, under no circumstances, will we be held responsible or liable, directly or indirectly, for any loss or damage that is cause or alleged to have been caused to you in connection with your use of, or reliance on, any content, advertisements, products, services or other resources available from any other website (regardless of whether we directly or indirectly link to such content, advertisements, products, services, or other resources). You should direct any concerns with respect to any other websites to that website's administrator or webmaster.

Copyright Complaints

Viable respects the intellectual property rights of others, and we ask our users to do the same. In appropriate circumstances and in our discretion, we may terminate the rights of any user to the use of the Website (or any part thereof) who infringes the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or if you are aware of someone so infringing on your rights, please provide the following information to the "Copyright Agent" specified below:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed upon;
• A description of where the material that you claim is infringing is located on the Website;
• Your address, telephone number and e-mail address;
• A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, and or the law; and
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf.

You may send any notices, including notices of copyright infringement under the digital Millennium Copyright Act, to Viable's designated agent for notice of claims of copyright infringement on the Website at the following address:

Copyright Agent
c/o General Counsel
5301 Marinelli Road
Rockville, MD 20852

Please note that this procedure is exclusively for notifying Viable and its affiliates that your copyrighted materials have been allegedly infringed.

THIS POLICY IS INTENDED TO COMPLY FULLY WITH THE REQUIREMENTS OF THE ONLINE COPYRIGHT INFRINGEMENT LIABILITY LIMITATION ACT.

Disclaimer of Warranties and Limitation of Liability

The Website is provided by Viable on as "as is" and "as available" basis. Viable makes no representations or warranties of any kind, express or implied, as to the operation of the Website or the information, content, materials, or products included on the Website. You expressly agree that your use of the Website is at your sole risk.

To the fullest extent permissible by applicable law, Viable disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Viable does not warrant that the Website, its servers, or e-mail sent from Viable are free of viruses or other harmful components. Viable will not be liable for any damages of any kind arising from the use of the Website, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

Governing Law

This Website was developed in the United States of America in accordance with and shall be governed by the laws of the state of Maryland, United States of America. By visiting the Website, you agree that the laws of the state of Maryland of the United States, without regard to principles of conflict of laws, will govern these terms and conditions of use, and any dispute of any sort that might arise between you and Company or its affiliates.

Disputes

Any dispute relating in any way to your visit to the Website shall be submitted to confidential arbitration in a city of Viable's choosing in the United States of America, except that, to the extent that you have in any manner violated or threatened to violate Viable's intellectual property rights, Viable may seek injunctive or other appropriate relief in any state or federal court in the state of Maryland, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these terms and conditions of use shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these terms and conditions of use shall be joined to an arbitration involving any other party subject to these terms and conditions of use, whether through class arbitration proceedings or otherwise.

Site Policies, Modification and Severability

As noted above, you are encouraged and advised to review the terms and conditions of use and the privacy policy posted on the Website. These policies also govern your visit to the Website. By using the Website, you agree to be bound by and to abide by these policies, just as if you had signed an agreement. If you do not comply with these terms and conditions of use at any time, we reserve the right, if applicable, to terminate your password, user account, or your access to the Website (or any part thereof). You agree that any termination or cancellation of your access to, or use of, the Website, maybe effected without prior notice. Further, you agree that we will not be liable to you or to any third party for any termination or cancellation of your access to, or use of, the Website.

We reserve the right, in our sole discretion, to change, modify, add to, or remove portions of the Website, the terms and conditions of use and the privacy policy at any time. You should check these terms and conditions of use and privacy policy periodically for changes. By using the Website after we post any changes to the terms and conditions of use or the privacy policy, you agree to accept those changes, regardless of whether you have reviewed them. If you do not agree to these terms and conditions of use and the privacy policy, you should not use the Website and, if applicable, you should arrange to cancel your registered user account or subscription with us. If any of these terms or conditions is deemed invalid, void, or for any other reason unenforceable, that condition will be deemed severed and will not affect the validity and enforceability of any remaining condition.

Our Address

Viable Inc.
5301 Marinelli Road
Rockville, MD 20852