Terms and Conditions
This Agreement is between Viewocity (California) ("McAllister Industries Inc") and you ("you" or "Customer"), as a user of Viewocity services (the "Service"), and governs the terms and conditions of your use of the Service. This Agreement, together with any operating rules, policies, price schedules, including the Terms and Conditions of Use for the Viewocity Website, or other supplemental documents expressly incorporated herein by reference and published from time to time by Viewocity (collectively, the "Agreement"), constitutes the entire agreement between Viewocity and you regarding the Service, and supersedes all prior agreements between the parties regarding the subject matter of this Agreement. By using the Service, you confirm your acceptance of, and agree to be bound by, this Agreement.

1. The Viewocity Call Manager™
Viewocity offers the Viewocity Service at its website www.viewocity.com (together with other services owned and operated by McAllister Industries, Inc., the "Viewocity" or the "Site"). The Viewocity Service enables no-hassle, web-based conference calling for individual and corporate users. Use of the Service is governed by this Agreement, the Viewocity Privacy Policy and the general Terms and Conditions of Use for the Viewocity Website.

2. Customer Responsibilities.
A. You are fully responsible for the contents of your transmissions through the Service. Viewocity merely acts as a passive conduit for you to use the Service and conduct or participate in conference calls. Your use of the Service is subject to all applicable local, state, national and international laws and regulations. Viewocity reserves the right to take any action necessary or appropriate in its sole discretion if it believes your use of the Service may create liability for Viewocity, compromise or disrupt the Service, or jeopardize Viewocity’s relationships with third party providers or suppliers. You agree: (i) to comply with all applicable local and foreign laws relating to the Service; (ii) not to use the Service for illegal purposes; (iii) not to interfere or disrupt networks connected to the Service; (iv) to comply with all regulations, policies and procedures of networks connected to the Service; (v) not to use the Service to infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (vi) not to use the Service to transmit any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature; (vii) not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Further, you shall not interfere with another Customer's use and enjoyment of the Service or another entity's use and enjoyment of a similar service.

B. You must (i) obtain and pay for all equipment and third-party services (e.g., Internet access, telephone connection and email service) required for you to access and use the Service; and (ii) maintain the security of all confidential information relating to your account with Viewocity.

C. You shall be responsible for all charges resulting from your use of your use of the Service. In the event of any unauthorized use of your account or unauthorized charges, you must notify Viewocity and you will be responsible for such unauthorized use or charges until you notify Viewocity. You must also adopt any steps necessary to prevent its further unauthorized use of your account or unauthorized charges.

3. Charges.
From time to time, Viewocity may offer either or both of the systems relating to charges for use of the Service:

(i) Prepaid. Under the Prepaid system, Conference calling minutes per call leg and/or other usage-based services as Viewocity may introduce from time to time, are payable in advance by deposit of a fixed amount in accordance with the rates set by Viewocity. This deposit will be due and payable immediately prior to your use of the Service. As a result, the first time you use or cause or allow others to use the Service, a deposit will be immediately charged to your credit or debit card without further authorization from you. Your deposit will thereafter be depleted based upon use of the conference-calling minutes per call leg and/or other usage-based charges, according to the rates for the Service. Thereafter, each time your deposit is depleted to $0.00, another fixed amount deposit in the same amount as the prior deposit will be immediately charged to your credit or debit card, without further authorization from you, which deposit will thereafter be depleted based upon your use of the Service and in accordance with applicable rates. You agree that Viewocity may submit charges for these deposits without further authorization from you, until you provide prior notice that you have terminated this authorization or wish to change your designated card. Such notice will not affect charges submitted before Monster Conferencing reasonably could act on your notice. Upon notice from you to This e-mail address is being protected from spambots. You need JavaScript enabled to view it that you have terminated this authorization, you will be entitled to a refund of any unused portion of your most recent deposit, unless at such time there are any outstanding charges resulting from use of any of the Services, in which case the remainder of your deposit will be applied to satisfy such charges.

(ii) Pay-as-You Use. Under the Pay-as-You Use System, Conference calling minutes per call leg and/or other usage-based services as Viewocity may introduce from time to time are charged to your credit or debit card, in accordance with the rates set by Viewocity, upon use of the Service. As a result, the first time you use the Service, the charges for such use shall be immediately charged to your credit or debit card and all further use of the Service will be charged without further authorization from you. You agree that Viewocity may submit charges for use of the Service without further authorization from you, until you provide prior notice that you have terminated this authorization or wish to change your designated card. Such notice will not affect charges submitted before Viewocity reasonably could act on your notice. Charges are to be paid on a monthly basis in the currency in which billed. If the payment method for your use of the Services is by credit or debit card and payment is not received by Viewocity from the card issuer or its agents, you agree to pay all amounts due upon demand by Viewocity. Each time you use, or allow or cause the Service to be used, you agree and reaffirm that Viewocity is authorized to charge your designated card.

4. Billing and Payment.
A. You agree to pay all charges that may be required for use of the Service or other Viewocity Services. If the payment method is by credit or debit card and payment is not received by Viewocity from the card issuer or its agents, you agree to pay all amounts due upon demand by Viewocity. All charges will be exclusive of value added ("VAT"), sales or other taxes, except as required by law. Viewocity reserves the right to modify its prices, charges or fees, provided that any changes shall be posted on the Site. You are therefore responsible reviewing regularly the Site for information regarding fees and charges as well as changes to pricing. Continued use of or non-termination of the Service (or the other Viewocity Services) shall be deemed to be acceptance of any posted changes in the prices for your use of the Service (and any of the other Viewocity Services).

B. You agree Viewocity may accumulate charges incurred during your monthly billing cycle and submit them as one or more aggregate charges during or at the end of each cycle and that Viewocity may delay obtaining authorization from your credit or debit card issuer until submission of the accumulated charge(s). As a result, you understand that accumulated charges may appear on your credit or debit card statement. If you are utilizing the Service or any other Viewocity Service under any special promotion, your debit or credit card will be immediately charged for any applicable service fees or charges, without further authorization from you and absent notification from you of your desire to terminate or cancel your account or the service, upon the expiration of any free trial period, or shall be charged any applicable additional fees upon expiration of any promotion.

C. Viewocity may terminate or suspend your use of the Service or any other Viewocity Service without notice in the event of any failure to pay any fees or charges for the such service, upon rejection by your credit card or debit card issuer of any charges or in the event the card issuer or its agents seeks reimbursement for payments previously made to Viewocity and as to which Viewocity believes such payments were proper. In addition, Viewocity has the right to seek any other fees, damages, expenses or the like arising from your failure to pay Viewocity for use of the Services or any other Viewocity Service, including, but not limited to, fees charged to Viewocity by any credit card issuer or its agent as a penalty for reversing any payment (i.e., a charge back fee) as well as collection fees and expenses, court costs, and attorney's fees. Such rights are in addition to and not in lieu of any other legal rights or remedies available to Viewocity.

D. You must promptly notify Viewocity in the event of any changes to your account or billing information or in the event your charge card or debit card is canceled for any reason.

E. PLEASED BE ADVISED:
(i) You expressly agree that all charges for payment of the Service or any other Viewocity Service are final and non-refundable. You are responsible for all charges resulting from your use of the Service or any other Viewocity Service. Once you sign up for the Service or any other Viewocity Service and provide a form of payment, Viewocity will not provide you a refund for any charge made on your credit card, debit card or any payments.

(ii) If you believe that you have been improperly charged for the Service (or any Viewocity Service), you must notify Viewocity within 5 days of any invoice or credit card statement, provide Viewocity any information necessary to review the claim, and Viewocity will attempt to resolve the claim in a timely manner.

F. VIEWOCITY DOES NOT CONDONE FRAUD: In the event of any unauthorized use of your account or unauthorized credit card charges or debit card charges, you must notify Viewocity, and you will be responsible for such unauthorized use or charges until you notify Viewocity. You must also adopt any steps necessary to prevent its further unauthorized use of your account or unauthorized charges.

G. To the extent you may purchase the Service under any subscription, upon expiration of any subscription for the Service, Viewocity shall automatically renew your subscription and charge your credit or debit card. If you do not wish to renew the Service, you must notify Viewocity at This e-mail address is being protected from spambots. You need JavaScript enabled to view it no less than 5 days prior to the expiration your subscription otherwise you shall be responsible for all fees and charges incurred for such renewal. In the event you in any manner violate these Terms and Conditions or the Privacy Policy or any other applicable Viewocity policy, rule or conditions of use, Viewocity shall have the right to terminate your account immediately, and you shall have no right to a refund of any Service fees or charges. While you may choose to terminate your account voluntarily at any time, you will not have a right to any refund of any service fees or charges.

5. Beta Test Obligations.
By installing and/or using this Service, you understand that the current version is still in the Beta Test stage and therefore may contain errors or defects or problems relating to compatibility with your operating system, programs or files. Viewocity is hopeful that any problems that might exist are quite limited. However, as a condition to use of the Beta version, and without in any manner limiting paragraph 5 below with respect to any version(s) or update(s) of the Service, you agree to release Viewocity, its parent, affiliates, directors, officers, employees, agents, representatives, licensors or suppliers, from any liability for any damage or harm that may be caused use of the Service in its current version or in any subsequent versions or updates. You also agree to notify concerning Viewocity any and all problems you encounter in installing or otherwise using the Service.

6. Termination.
Either you or Viewocity may terminate your account or use of the Service at any time, with or without cause, upon notice. In the event you choose to terminate your account, you shall remain responsible for charges or fees incurred by use of the Service prior to such termination, and you shall not have a right to a refund of any prepaid fees, services fees or other charges. Viewocity reserves the right to terminate or suspend your account without prior notice, provided that Viewocity will attempt to confirm such termination or suspension by subsequent notice.

7. Customer Representations.
You represent and warrant that you are at least 18 years of age or, as applicable, the age of majority in the state or province in which you reside, and that you possess the legal right and ability to enter into this Agreement. You agree to be financially responsible for your use of the Service (as well as for use of your account by others, including minors living with you) and to comply with your responsibilities and obligations as stated in this Agreement.

8. Modifications to Customer Agreement.
Viewocity may automatically amend this Agreement (including the Privacy Policy and the Terms and Conditions of the Site) at any time by (a) posting a revised Agreement on the Site, and/or (b) sending information regarding the amendment to the email address you provide to Viewocity. You are responsible for regularly reviewing the Site to obtain notice of any amendments, and you shall be deemed to have accepted such amendments by continuing to use the Service after such amendments have been posted or information regarding such amendments has been sent to you.

9. Modifications to Services.
Viewocity reserves the right to modify or discontinue any of the Service with or without notice to you. Viewocity shall not be liable to you or any third party should Viewocity exercise its right to modify or discontinue the Service.

10. Disclaimer of Warranties and Limitation of Liability.
VIEWOCITY AND ALL SOFTWARE PROVIDED BY VIEWOCITY IN CONNECTION WITH THE SERVICE AND ANY OF THE OTHER VIEWOCITY SERVICES ("VIEWOCITY SOFTWARE") ARE PROVIDED "AS IS," AND NEITHER VIEWOCITY NOR ANY OF ITS LICENSORS OR SERVICE PROVIDERS MAKES ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES TO YOU REGARDING THE USABILITY, CONDITION OR OPERATION THEREOF. VIEWOCITY DOES NOT WARRANT THAT ACCESS TO OR USE OF THE VIEWOCITY SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT VIEWOCITY SOFTWARE OR SERVICES WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. VIEWOCITY AND EACH OF ITS LICENSORS AND SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY OR ACCURACY.

YOUR USE OF THE SERVICE AND ALL VIEWOCITY SOFTWARE AND SERVICES IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES OR OTHER MATERIAL (INCLUDING VIEWOCITY SOFTWARE) OBTAINED EITHER DIRECTLY OR INDIRECTLY FROM VIEWOCITY. YOU AGREE THAT NEITHER VIEWOCITY NOR ANY OF ITS LICENSORS OR SERVICE PROVIDERS WILL BE LIABLE FOR DAMAGES (INCLUDING CONSEQUENTIAL OR SPECIAL DAMAGES) ARISING OUT OF YOUR USE OF OR INABILITY TO USE VIEWOCITY OR ANY VIEWOCITY SOFTWARE OR SERVICES, AND YOU HEREBY WAIVE ANY CLAIMS WITH RESPECT THERETO, WHETHER BASED ON CONTRACTUAL, TORT OR OTHER GROUNDS, EVEN IF VIEWOCITY OR ANY SUCH LICENSOR OR SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THE ENTIRE LIABILITY OF VIEWOCITY AND ITS LICENSORS AND SERVICE PROVIDERS AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE SERVICE AND SOFTWARE OR ANY BREACH OF THIS AGREEMENT ARE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR ACCESS TO AND USE OF THE SERVICE IN THE AVERAGE ONE MONTH PERIOD. YOU HEREBY RELEASE VIEWOCITYAND EACH OF ITS LICENSORS AND SERVICE PROVIDERS FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. SOME JURISDICTIONS DO NOT ALLOW IMPLIED WARRANTIES TO BE EXCLUDED OR MODIFIED OR LIABILITY TO BE LIMITED, SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO YOU.

NEITHER VIEWOCITY NOR ANY OF ITS LICENSORS OR SERVICE PROVIDERS SHALL BE HELD RESPONSIBLE IN ANY WAY OR BY ANY MEANS, EITHER DIRECTLY OR INDIRECTLY, FOR ANY COMMUNICATIONS DIFFICULTIES OUTSIDE OF VIEWOCITY OR ANY SUCH LICENSOR'S OR SERVICE PROVIDER'S CONTROL WHICH COULD LEAD TO THE INTERRUPTION OF DATA DELIVERY TO THE CUSTOMER OR TO CUSTOMER'S EMAIL ADDRESS, PAGER, TELEPHONE OR ANY OTHER RECEIVING DEVICES OR THIRD-PARTY DATA STORAGE AND/OR DELIVERY SERVICES.

YOU WILL NOT RELY ON ANY REPRESENTATION OR WARRANTY, EXPRESSED OR IMPLIED, MADE BY ANY PERSON OTHER THAN AN AUTHORIZED OFFICER OF VIEWOCITY, IN EVALUATING THE VIEWOCITY SERVICES AND/OR PRODUCTS OF VIEWOCITY.

THE API AND TERMS OF USE MAY BE CHANGED AT ANY TIME AND WITHOUT PRIOR NOTICE.

11. Ownership; No Resale.
All programs, services, designs, software, technologies, trademarks, trade names, inventions and materials comprising the Service are owned by Viewocity and/or its licensors and service providers except where expressly stated otherwise. Your right to use the Services is personal to you, and you are prohibited from reselling the use of the Services.

12. Indemnification.
You agree to indemnify Viewocity and each of its licensors and service providers from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims based upon your use of the Service, including any violation of this Agreement by you or any other person using your account, any claim of libel, defamation, violation of rights of privacy or publicity, any loss of service by other customers, any infringement of intellectual property or other rights of any third parties, and any violation of any laws or regulations prohibiting transmission of unsolicited faxes.

13. Governing Law; Arbitration.
The laws of the State of California shall govern all matters relating to this Agreement and use of the Site, the Service (and the other Viewocity Services). The United Nations Convention on contracts for the international sale of goods is expressly disclaimed. Any controversy or dispute arising out of this Agreement, the interpretation of any provision hereof, or the action or inaction of any party hereto shall be submitted to arbitration in Hong Kong, SAR, in accordance with the International Arbitration Rules of the American Arbitration Association (the "AAA International Rules") then in effect, conducted by one arbitrator either mutually agreed upon by the parties to this Agreement or chosen in accordance with the AAA International Rules. Each party shall have no longer than three (3) days to present its position. Either party may apply to the arbitrator seeking injunctive relief until the arbitration award is rendered or the controversy is resolved. Either party also may, without waiving any remedy under this Agreement, seek any interim or provisional relief that is necessary to protect the rights or property of that party pending the establishment of the arbitral tribunal (or pending the arbitral tribunal's determination of the merits of the controversy) and for the purposes of seeking such interim relief User shall consent to the exclusive jurisdiction of the courts of California. The successful party to the arbitration or any litigation relating to this Agreement or the Services shall be entitled to an award for reasonable costs and attorney's fees, as determined by the arbitrators. Any award or decision obtained from any such arbitration proceeding shall be final and binding on the parties, and judgment upon any award thus obtained may be entered in any court having jurisdiction thereof. The parties agree that the arbitrator shall have the power to award damages and injunctive relief.

14. Miscellaneous.
If any provision of this Agreement is invalid or unenforceable under applicable law, such provision will be deemed modified to the extent necessary to render such provision valid and enforceable and the other provisions of this Agreement will remain in full force and effect. The failure of Viewocity to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement may not be amended except as provided in Section 6. You may not assign or transfer this Agreement or any rights hereunder, and any attempt to the contrary is void.