Video Chat a Pro Inc. Use of Platform Terms and Conditions

Video Chat A Pro Terms of Use


Please Read Carefully This is an Important Notice


This Agreement Provides a Binding Arbitration Provision and Class Action Waiver. It Affects Your Legal Rights as Detailed in The Arbitration and Class Action Waiver Section Below.


Agreement to these terms is mandatory for use. Your use of the platform binds you to these terms. If you do not agree to these terms do not access the platform.


This Terms of Use Agreement (“Terms”), including the Binding Arbitration and Class Action Waiver Herein govern your access to, use of and participation in the platform made available by Video Chat A Pro, Inc. (“Video Chat A Pro,” ”we,” “our,” “us,”) or through Video Chat A Pro and the entirety of your relationship with Video Chat A Pro. As Detailed in the Eligibility, Service Member Representations, Warranties, and Use of the Platform Sections Below. If you are a service member, you understand and authorize Video Chat A Pro to Use Your Information to obtain Background Checks and Business Credit Checks from its vendors throughout the use of the Video Chat A Pro Platform.  


References to “you” or your,” as applicable, mean the person who accesses, uses, and/or participates in the Video Chat Platform in any manner, and each of your heir, assigns, and successors. If you use the Video Chat Platform on behalf of any entity, you represent and warrant that you have the authority to bind that entity, your acceptance of the “Terms” will be deemed an acceptance by that entity, and “you” and “your” herein shall refer to that entity, its directors, officers, employees, and agents.


Modifications of “Terms”


Video Chat A Pro reserves the right, in its sole discretion, to modify these “Terms”, and any other documents incorporated by reference herein, at any time with or with-out prior notice. Video Chat A Pro will notify you of changes by posting on the Video Chat A Pro Terms of Use website page, by email and/or on your profile page. Modifications will become effective (30) days after the earliest of: (1) modifications being posted on the Video Chat A Pro Platform, (2) Video Chat A Pros message was sent, or (3) when notified while you are logged into your profile. Continued use of the Video Chat Platform after the 30-Day expiration shall constitute your acceptance of the changes. If you do not agree to the changes to the “Terms” discontinue use of the Video Chat A Pro Platform.


Terms and Policies


Please review Video Chat A Pros Privacy Policy, Incorporated Herein as reference, contains information about Video Chat A Pros collection and use of your information. The provision and delivery of notifications by Video Chat a Pro or our messaging service providers Is governed by the Video Chat A Pros “Terms and Conditions” which are expressly incorporated herein. Please review the full set of key Video Chat a Pro policies that govern your use of the Video Chat A Pro Platform and our interactions with you and third parties. Certain areas of and/or products on the Video Chat A Pro Platform have different “Terms, Conditions, and/or Policies” posted and and may require you to agree with and accept those additional “Terms, Conditions and/or Policies”. If there is a conflict between these “Terms” and the “Terms, Conditions and/or Policies posted for an area or product, the latter take precedence with respect to your use of that area or product. 


Key Terms


“Collective Content” defined as User Content and Video Chat A Pro Content Combined.


“Content” defined as text, graphics, images, music, software, audio, video, information or other materials, including but not limited to profile information, Video Chat Pro service requests, quotes, message threads, reviews, scheduling, and calendar information, and other information or materials available on or through the Video Chat A Pro Platform.


“Customer User” defined as a user who requests Video Chat A Pro DIY consultation from a Licensed Free Lance Pro, and/or requests an estimate from Video Chat A Pro Company Member, or otherwise uses the platform to receive, pay for, review, or facilitate the receipt of Video Chat A Pro Services.


“Video Chat Pros” defined as the Licensed Free Lance Pro or entity/Company Member who completes the Video Chat A Pro account registration process, or Licensed Free Lance Pro or Company Member employee who submits or receives a request through” Video Chat A Pro”, including but not limited to, Licensed Free Lance Pro, Company Member and its Employee’s, and Customer User.


“Platform” defined as all Video Chat A Pro websites, mobile or other applications, software, processes and any other services provided by or through Video Chat A Pro.


“Video Chat Services” defined as help, training, trade specific assistance, consultation, any service that a licensed trades professional can perform via video chat.


“Video Chat Pro Services” defined as the services listed, estimated, scheduled, offered or provided by “Video Chat Pro Company Member”, or sought, scheduled or received by “Customer User”, through the “Platform”.


“Video Chat Free Lance Pro Services” defined as the services listed, scheduled, offered or performed by Video Chat “Free Lance Pro Member”, or sought, scheduled, or received by “Customer User”, through the “Platform.”


“Company Member” defined as a member who is registered to give/send estimates for Video Chat Pro Services, who gives/sends estimate for Pro Services, or otherwise uses the “Platform”, to offer, provide, receive payment for, or facilitate the provision of Video Chat Pro Services.


“Free Lance Pro Member” defined as a member who is registered to provide Video Chat Assistance, Instruction and Consultation of the “Customer User” through the “Platform”, otherwise uses the “Platform”, to offer, provide, receive payment for, or facilitate the provision of Video Chat A Pro.


“Monetized Video Chat Services” defined as “Video Chat Services” offered by “Video Chat Free Lance Pros” and “Company Members” the process of monetizing licensed trades “Video Chat Services” with DIY “Customer Users” and/or any “Customer User” willing to pay for licensed trade specific help, assistance, consultation, learning, any Video Chat Service that a “User Customer” is willing to pay for through the “Platform.”


“Video Chat A Pro Content” defined as all Content Video Chat A Pro makes available on or through the “Platform”, including any content licensed from a third party, but excluding user content.


“Member Content” defined all content submitted, posted, uploaded, published, or transmitted on or through the “Platform” by any member or other user of the “Platform”, including but not limited to photographs, video’s, profile information, descriptions, postings, reviews, requests, messages, and payments made through the “Platform” but excluding Video Chat A Pro Content and Feedback.


Use of the “Platform” Connectivity, Eligibility, Video Chat Pro Representations, and Warranties 


Use of the “Platform” is available to individuals 18 years of age or older and can form legally binding contracts under applicable law. By using or accessing the “Platform” you represent and warrant that you are eligible and/or use of the Video Chat Pro Services and/or the “Platform” is at your own risk and no warranty is implied for any circumstance. 


All Users, “Video Chat Pros” and “Customer Users” are encouraged and agree expressively to perform connectivity test, “Platform” uses third-party Video Chat Services. You expressively agree that the monetized Video Chat Service will not charge a “Customer User” until both parties, “Video Chat Pros” and “Customer User” arrive on “Platform” and will only be charged the time used when both “Video Chat Pro” and “Customer User” are present on video chat screen. Third-parties calculate time and process payments after the “Video Chat Service” has been performed and/or ended. Video Chat A Pro expresses no warranty or guarantee that mobile data services from certain providers will allow this Video Chat Service and may require Wi-Fi connections, you further more agree to follow third-party instructions listed on the Video Chat A Pro “Platform” search page, where you access Video Chat A Pro. 


Registering or using the “Platform” to offer, post, or provide Video Chat Pro Services and/or Free Lance Pro Member Services, Video Chat Pros represent and warrant that they, are the employees, agent, contractors, and sub-contractors who may perform work for the “Customer User”, are fully qualified, experienced, state licensed, certified, bonded, and insured, as required by all applicable state laws as which they may be subject in the jurisdiction(s) in which they offer their Video Chat Pro Services and in relation to the specific Licensed Trade they are performing.


Video Chat A Pro is not in the business of providing “Video Chat Pro Services”, “Video Chat Pros” understand and agree that by creating and maintaining a Profile on the “Platform” they receive only the ability to use the “Video Chat A Pro Platform” to access “Customer Users” interested in receiving “Video Chat Free Lance Pro Services” and/or “Video Chat Pro Services” and related tools , including but not limited to messaging, scheduling, that facilitate the provision of “Video Chat Free Lance Pro Services” and/or “Video Chat Pro Services”. “Video Chat Pros understand and agree that using the “Platform” does not guarantee that anyone will engage them.

 

“Video Chat Pros” understand that they are customers of Video Chat A Pro, and are not Video Chat A Pro employees, joint ventures, partners, or agents. “Video Chat Pros” set and confirm the price with in a provide value range, provide their own equipment, and determine their own work schedule. Video Chat A Pro does not control, has no right to control the “Video Chat Free Lance Pro Services” and/or “Video Chat Pro Services” a “Company Member” provides (including how the “Company Member” provides such services) if/when the “Company Member” is engaged by the Customer User or any other person, except as specifically noted herein.


Video Chat A Pro, is permitted by applicable laws, obtains reports regarding “Video Chat Pros”, which may include history of criminal convictions or sex offender registration, and we may, limit, block, suspend, deactivate, or cancel a Video Chat Pros account based on the results of such check. As A Video Chat Pro, you authorize us to use your personal information, such as your full name and date of birth to obtain said reports from Video Chat A Pro venders.


Account/Profile Registration and Other Submissions


“Customer Users” may access the “Platform” without registering for an account. To access and participate in certain features of the “Platform”, you will need to create a password protected account using certain third-party account and log in credentials, such as your Facebook and Google credentials. You agree to provide accurate, current, and complete information during the registration or request submission process and at all other times when you use the “Platform”, and to update information to keep accurate, current and complete. You are solely responsible for all activity that occurs on your account/profile and will notify Video Chat A Pro immediately of unauthorized use of your account/profile. Notwithstanding the forgoing, you may be liable for the losses of Video Chat A Pro or others due to such unauthorized use. Your account/profile is nontransferable except with Video Chat A Pros written permission and in line with Video Chat A pro policies and procedures.


Your License to Use the Platform


Subject to your compliance with these “Terms”, Video Chat A Pro grants you a limited, non-exclusive, revocable, nontransferable, and non-sub licensable license to reproduce and display “Collective Content” (excluding all software source code) solely for your personal and non-commercial use and in connection with your access to and participation in the “Platform”. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the “Platform” Or “Collective Content” for personal use, you must retain all copyright and other proprietary notices thereon. No Licenses or rights are granted to you by implication or otherwise and intellectual property rights owned or controlled by Video Chat A Pro or its licensors, except for the licenses and rights expressly granted in these “Terms”.


User Content


We may, at our sole discretion, permit you to post, upload, publish, submit or transmit “User Content”. By making available any “User Content” on or through the “Platform”, you here by grant Video Chat A Pro a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such “User Content” on, through, by means of or to promote, market and advertise the “Platform” or your account/profile and/or “Video Chat Pro Services”, “Video Chat Free Lance Pro Services”, or any other purpose in our sole discretion. To be clear, the license granted to Video Chat A Pro shall survive termination of use of the “Platform” and/or account/profile. Video Chat A pro does not claim ownership rights in your “User Content” and nothing in these “Terms” will be deemed to restrict rights that you may have to use and exploit any such “User Content” submitted, posted, uploaded, published, or transmitted on or through the “Platform” by you.


You acknowledge and agree that you are solely responsible for all “User Content” that you make available on or through the “Platform”. Accordingly, you represent and warrant that: (1) you either are the sole and exclusive owner of all “User Content” that you make available on or through the “Platform” or you have all rights, licenses, consents, and releases that are necessary to grant to Video Chat A Pro the rights to such “User Content”, as contemplated under these “Terms”: and (2) neither the “User Content” nor your posting, uploading, publication, submission or transmittal of the “User Content” or Video Chat A Pros use of your “User Content”(or any portion of) on, or through or by means of the “Platform” will infringe, misappropriate or violate a third parties patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. Video Chat A Pro puts forth no obligation to proofread, you agree that Video Chat A Pro may proofread, summarize or otherwise edit and/or withdraw your “User Content”, and you understand it remains your sole responsibility to monitor your “User Content” and ensure that such edited Content is accurate and consistent with your representations and warranties in these “Terms”.


Video Chat A Pro reserves the right, at any time and with-out prior notice, to remove or disable access to “User Content” that we, in our sole discretion consider to be objectionable for any reason, in violation of these “Terms” or otherwise harmful to the “Platform” and/or Customer Users, and/or Video Chat Pros, or for any other reason deemed necessary by Video Chat A Pro.


Prohibition’s


As a Video Chat Pro otherwise a User of the “Platform” you must not:


Use another Video Chat Pros account, misrepresent yourself and/or Video Chat Pro Services, Video Chat Free Lance Pro Services offered through the “Platform”, do not misrepresent your identity or qualifications, misrepresent an estimate, safe manners to perform, assistance, materials to acquire or any other information to the “Customer User” or post “Content in any inappropriate categories or areas on the “Platform.


Do not use any automated systems including but not limited to robots/AI, spiders, offline readers, or scrapers to access the “Platform” for any purpose with out Video Chat A pros prior written approval: provided, however the operators of public search engines may use spiders or robots/AI to copy materials from the “Platform for sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such material (Video Chat A Pro reserves the right to revoke these exceptions either generally or in specific cases.)


Do not in any manual or automated manner copy copyrighted text, or otherwise misuse or misappropriate the “Platform” information or “Content” including but not limited to, for use on a mirrored, competitive, or third-party site.


Do not perform any action that may unreasonably encumber the “Platforms” infrastructure, disrupts, interferes and/or attempts to interfere with the proper working of the “Platform” or any third party functions and/or process:, bypasses access, suspensions, terminations, restrictions:, interferes with security features to circumvent, disable, or otherwise interferes  with security of the “Platform”: disable, interfere, manipulate or circumvent fee, billing, structure, process, and/or fees owed to Video Chat A Pro:, upload technologies, viruses and/or any other form of harmful content that may harm Video Chat A Pro, and/or User Member, Video Chat Pros:, violate copyrights, trade secrets, privacy and/or publicity rights and/ or other rights of any third-party through use of the “Platform.


Video Chat Pros will not use the “Platform in any manner that bypasses, circumvents and/or promotes the avoidance to your obligation to pay Video Chat A Pro for access to the use of the “Platform”.


You will not harvest and/or collect any personally identifiable data and/or publish including but not limited to names and/or other account information from the “Platform”, and/or use the Video Chat System, messaging systems, and/or any communicating system or method offered by Video Chat A Pro “Platform for any other reason not expressively authorized by these “Terms” including for all commercial solicitation purposes
You will not contact in any form for purpose of recruitment and/or solicitation “Video Chat Pros” or “Customer Users” for employment and/or any other use other than specifically intended by the permissions granted of the “Platform”. 


Do not perform any inappropriate actions and/or unlawful behavior that may harm, insult, upset and/or otherwise offend the “Customer User” and/or other “Video Chat Pros”, the submission of inappropriate content, unlawful, harassing, hateful, illegal, profane, obscene, defamatory, threatening, or discriminatory, and/or advocates, promotes and/or encourages inappropriate activity and/or behavior, conduct that could be considered a criminal offence and /or cause rise to civil liability and/or violate any law through the “Platform”. 


You will not violate any Video Chat A Pro policies and/or procedures that govern your use of the “Platform” and/or interactions with third-party “Customer Users” and/or vendors.


You will not advertise or solicit a Video Chat Pro Service and/or Video Chat Free Lance Pro Service you are not licensed to perform (within the parameters set forth by state licensing authority) and/or not appropriate for the “Platform”, but not limited to any Video Chat Pro Services, Video Chat Free Lance Pro Services that; is not supported by trade category selected and/or provides products: provides directories or referrals; offers lending or cash advancement services: promotes and offers rental space; event promotion (such as vendor party or promotional conventions): competes with the business of Video Chat A Pro: non US based entities: promotes, incorporates or offers Ponzi schemes, Pyramid schemes, junk mail, spam, chain letters, marketing, advertising and/or unsolicited commercial content, coupons, promotional codes, discount cards, gift cards, credit repair and/or counseling, online surveys or contests, raffles, prizes, bonuses, games of chance and/or games of any kind and/or nature, giveaways: and/or offers a Video Chat Pro Service, Video Chat Free Lance Service not reasonably available to “Customer Users” or any other potential customers in that “Customer Users” location.


You will not upload, post, submit content that may damage the experience of any User including but not limited to; requests to down load non Video Chat A Pro mobile applications and/or its links that direct the user to mirrored websites where the user must enter information that is redundant to what has already been entered into Video Chat A Pro; offers to purchase a “Video Chat Pro Service” or “Video Chat Free Lance Pro Service” or any other service outside of Video Chat A Pro, and/or use a profile page or user name to promote services not offered on or through the “Platform”.


You will not perform and/or instruct to perform any actions to undermine the accuracy and efficacy of the profile reviews and/or rating system.
Do not fail to perform any Video Chat Pro Services, Video Chat Free Lance Pro Services scheduled, purchased, estimated, agreed upon, and/or promised to “Customer User”, “Video Chat Pro” unless “Customer User”, Video Chat Pro” until other individuals fail to materially meet the terms of the mutual agreement, fail to show up to scheduled appointment, refuses to par for “Video Chat Pro Services”, “Video Chat Free Lance Pro Services”, or a clear typographical error, geographical error is made, or you can not authenticated Customer Users or other parties identity.


Do not perform, instruct to perform, conduct, participate in fraudulent activities and/or conduct including but not limited to offering to perform, accept, deliver, make money transfers, fraudulent/stolen credit card transactions, wire transfers, money orders, foreign currency, with intent to refund any portion of the payment by any means available and/or mail cash and/or any other payment method to launder, steal, scam, or scheme through the “Platform” or any other method prohibited by Video Chat A Pro.


Do not participate in any activity or engage in any conduct that is inconsistent with intended purpose of the “Platform".


Video Chat A Pro Fees and Taxes


Video Chat Pros can pay fees to Video Chat A Pro in order to open an account/profile and to participate in additional features available on the “Platform." Reoccurring fees will be automatically charged to the default payment on file. All applicable taxes will be in addition to profile price and price of additional features. In order to use Video Chat A Pro, you must keep one valid credit card on file. All purchases of account/profile and additional features of “Platform” to Video Chat A Pro are final and non-refundable.


Video Chat A Pro Video Chat Pro Payouts and Taxes


Video Chat Pros are paid 30% of monetized Video Chat Sessions, payouts are performed through third party vendors (Stripe) and constitute a small fee. All payout transactions are made through direct deposit into Video Chat Pros bank account, all information must be current and accurate, no paper checks will be offered at any time. Video Chat Free Lance Pros receive payout automatically per $100 or when requested and are subject to third-party fees, “Company Members” payout is every 30 Days staggered with account registration date, first payout 18 days after registration to allow process to confirm monthly fees are paid to Video Chat A Pro, fees  must be paid in full monthly, prior to monetized video chat payout, in other words you must pay your account/profile balance each month prior to the funds being released for payout of the monetized video chats performed. 


Default Payment Method Terms


Video Chat Pros, payments paid to Video Chat Pros; Video Chat A Pros third party vendor (Stripe) will first attempt to pay the default account, you provided information (routing number and account number). In the event Video Chat A Pros third party vendor (Stripe) is unable to complete transaction monies shall be held by third party vendor (Stripe), and you will be notified on account/profile and/or both account/profile and electronically by our third-party vendor (Stripe); in the event you do not respond to electronic attempts and/or perform Video Chat requests, for more than three consecutive “Customer User” attempts, the “Platform” will automatically pause/suspend your account/profile; in the event you do not update your account information for 60 days the account will be closed and any monies owed to you by Video Chat Pro will be forfeited to Video Chat A Pro.


Payments to Video Chat A Pro from “Company Members” will require a default payment method on file, (currently credit and/or debit card only). You agree to allow Video Chat A Pro charge your card monthly for account/profile and/or both additional features and account profile fees and taxes; in the event your payment method is declined you will be notified electronically by our third-party vendor (Stripe) and on your account/profile; all pay-out of monetized video chat services will be held and/or applied to your balance; once account is in good standing, the remaining, if any will be direct deposited into your default account.


Video Chat Pros are subject to pay penalty fees, Video Chat A Pro will charge penalty fees for fraud, misconduct, and/or any other violation to these “Terms” at its sole discretion. The current penalty fee schedule is available on the penalty fee page available by request by email to penalties@videochatapro.com.


Video Chat A Pros agree to pay all applicable fees and/or charges and applicable fees, based on the fee and billing Terms in the effect, regardless of account/profile being active. Charges shall be made to the default payment method designated at the time of account/profile deactivation or fee accrual. If you do not pay on time of if Video Chat A Pro cannot charge the default payment method (card on file) for any reason, Video Chat A Pro reserves all rights permissible under law to recover payment and all costs and expenses incurred, including reasonable attorneys’ fees, in our pursuit of payment. If any fee is not paid on time Video Chat A Pro reserves the right to suspend and/or terminate your account/profile, subject to forfeiture of any moneys owed for monetized Video Chats performed.


Video Chat Pros agree explicitly that all communication regarding delinquent accounts of fees due will be made by electronic mail or by phone, you agree that all notices, disclosures, and other forms of communications that we provide electronically satisfy any legal requirement that such communication be in writing. You agree that you can store such electronic communications so that they remain accessible to you in unchanged form. You agree to keep your contact information, including email address and phone number current. Communication for this matter may be made by Video Chat A Pro or by anyone in its behalf, including but not limited to third-party collection agent and/or agency. Your Account cancelation at any time, will not receive refunds or payouts of monetized video chats performed. If you have an unpaid balance due of any amount, you agree that Video Chat A Pro may charge you for any unpaid fees to your default payment method (credit or debit card) or any payment method (credit card or debit card) on file or bill you for such unpaid fees.


Taxes


Payments required by these Terms may be stated exclusive of all taxes, duties, levies, imposts, fines, and/or similar governmental assessments, including sales and use tax, value-added taxes, goods and services taxes, exercise, business, service, and similar transactional taxes imposed by any jurisdiction and in the interest and penalties thereon collectively, (Taxes). Certain jurisdictions, may require us to collect “Taxes” from you in connection with the purchase of, payment for, access to, or use of the “Video Chat Pro Services” and you shall be responsible for and bear “Taxes” associated with the purchase of, payment for, access to, or use of the “Video Chat Pro Services”. Charges are inclusive of applicable Taxes where required by law. You hereon confirm that Video Chat A Pro can determine your appropriate jurisdiction for tax purposes however it deems appropriate or as required by law, and you understand and agree that you are solely responsible for determining your own tax reporting and sales and use tax collection requirements in consultation with your own tax advisors, and that we cannot and do not offer any tax advice to either “Video Chat Pros” or “Customer Users”.


Communication Tracking and Video Chat Archiving 


To ensure safety of the “Customer User” and the “Video Chat Pro”, and for proper billing of fees and to enforce these Terms, Video Chat A Pro may track the occurrence of communications between “Customer Users” and “Video Chat Pros” that occur on or off the “Platform” via email, phone calls, SMS text messaging, video chat sessions, third-party websites, or any other mean, initiated by either a “Customer User” or a “Video Chat Pro” or deemed necessary by “Video Chat A Pro” to ensure quality of service to “Customer User”; Video Chat A Pro may obscure Video Chat Pros contact information in a Video Chat Pro profile with a different piece of contact information that will forward to the Video Chat Pro, or take any other measure reasonably calculated to track the occurrence of any such communications. Except as explicitly stated herein, we will not record or review the content of any communications that do not come through the Video Chat A Pro “Platform” unless we obtain permission of parties involved. Video Chat A Pro reserves the right to collect all communications by means of Video Chat archiving through the “Platform” for any other reason deemed necessary by Video Chat A Pro to perform any and all business activity past, present and/or future.


Text messages sent to “Customer Users’ from “Video Chat Pros” using the phone number on that Video Chat Pros account/profile, may be used by third-party service provider to track these messages. These messages are tracked to prevent fraud, ensure safety of the “Customer User”, to enforce the “Terms”. As result of this process, Video Chat A Pro and the third-party vendor will receive in real time and store data about your text message, including date and time, your phone number, and the content of the text message. Video Chat A Pro assumes no responsibility for damages of any nature resulting from any form of messaging, or Video Chat Services performed on or off the “Platform” with “Video Chat Pros” or “Customer Users”, use is, at your own risk.


Digital Market Place Payments


The Video Chat A Pro “Platform” will facilitate payments between “Customer Users” and “Video Chat Pros”, and/or Video Chat A Pro pay out to “Video Chat Pros” for monetized Video Chat Services performed with “Customer Users”, and/or “Video Chat Pros” namely “Company Members” pay to access “Platform” and for additional product and/or features of Video Chat A Pro (Digital Market Place Payments) through third -party vendor (Stripe) for all payment processing, As Video Chat A Pro is not a party to any such digital market place payments and does not handle funds on behalf of the “Video Chat Pros”, “Video Chat Free Lance Pros” or the its “Company Members”. Video Chat Pros that perform monetized Video Chat Services with Customer Users on Video Chat A Pro through the “Platform” will receive payments through the digital market place must agree to the Connected Stripe Account Agreement, which includes the Stripe Services Agreement. As a “Video Chat Pro” and/or “Company Member” you agree to these terms to continue use to operate as a “Video Chat Pro” and/or “Company Member” on the Video Chat A Pro “Platform”, you agree to be bound by the Connected Stripe Account Agreement and Stripe Services Agreement, these agreements may be modified by Stripe at any time. Stripe requires that all information about “Video Chat Free Lance Pro”, and/or “Company Member” be accurate and complete that is provided to Video Chat A Pro as a condition to receiving payment processing, you agree to allow Video Chat A Pro to share this information and transaction history related to your use of the Stripe payment processing services.


Video Chat Pros, “Video Chat Free Lance Pros” and “Company Members” making a digital market place payment through Stripe, you agree to pay all amounts you owe when due using your default payment method (Credit or Debit card on file). You authorize Stripe to charge your default payment method (credit or debit card) on file when they are due, recurring and/or one-time payments. Provided payment information must be up to date, accurate and complete. We take steps to secure all payment info and other personal, or company financial information, and we expressly disclaim any liability to you, as you agree to hold us harmless for any and all damages you or your company may incur and/or suffer as a result of disclosure of any and all information collected to any unintended recipients.


Video Chat A Pro allows “Customer User”, “Video Chat Pros”, “Video Chat Free Lance Pros” and “Company Members” to pay digital market place payments by credit card, debit card and/or prepaid cards. Video Chat A Pro enables “Company Members” to pay digital market place payment by linking a bank account, allowing ACH withdraw. Video Chat A Pro reserves the right to change or cancel payment methods at our sole discretion.


“Company Members” that choose to use a bank account as the digital market place payment method authorize Stripe to make ACH automated clearing house withdraws from the bank account, inquire necessary to validate disputes involving payments made to Video Chat A Pro, may require ordering a credit report to perform credit check to verify information provided to us by you, performed by third-party data-bases. You authorize Video Chat a Pros third-party vendor to initiate one or more ACH withdraw or the creation of an equivalent bank draft for the specified amounts from the bank account, and you authorize the financial institution that holds the bank account to deduct such payments in the amount and frequency designated to your account.


In the event your order is not processed by us in the whole amount in one single transaction, you here by authorize partial payments from the bank account, not to exceed the total amount of the order. You agree to pay ACH fines and/or fees you or Video Chat A Pro incur associated with transactions authorized by you. Return fees vary depending on which state you are located in. Return fees may be added to your payment amount and withdrawn from the bank account when we submit an ACH withdraw due to insufficient funds. We may initiate a collection process or legal action to collect any money owed to us. You agree to pay all costs for such action, including any reasonable attorney’s fees. Federal Law limits your liability for any fraudulent, erroneous, or unauthorized transactions from the bank account based on how quickly you report it to the financial institution. You must report fraudulent, erroneous or unauthorized transactions to the bank no more than 60 days after the disputed transaction appeared on your bank statement. Please contact the bank for more information about policies and procedures that apply to unauthorized transactions and limits of liability.


Digital Market Place Payment Disputes


Request for Digital Market Place payment chargebacks, errors, claims, refunds, and/or Payment Disputes will be subject to review by Video Chat A Pro in accordance with rules applicable to the form of payment used on the Digital Market Place (Default Payment Method) and will be at Video Chat A Pros discretion. Video Chat A Pro assumes no liability to you under any circumstance for payment disputes we are unable to resolve in your favor. Payment Dispute requests received in writing will be processed in 30 day from receiving, unless otherwise required by law. Payment disputes shall be emailed to Video Chat A Pro support at, paymentdispute@videochatapro.com. Account/profile deactivation before we process your dispute may render the amount disputed unpayable, in the event your information is not correct for the default payment method. Payment dispute amounts we find in your favor will be deposited back to the default payment method, but no guarantee is made that we will be able perform such refund, if default payment method information is inaccurate, incomplete, and/or has been closed.


Actions that result, and/or are likely to result in a Payment Dispute, any violation to the Terms of Use and/or create any risks to Video Chat A Pro or our third-party payment processing partner, when we find that your account/profile has been used to engage in fraudulent, deceptive and/or illegal activity, we will at our sole discretion permanently withhold all amounts owed to you, past due account balances will be withheld, and we may without limiting any other rights, remedy by; charging your default payment method, offset amounts you owe Video Chat A Pro with amounts Video Chat A Pro owes you, send paper invoices for amounts delinquent, due upon receipt, reverse and/or block credits to the bank account, and or collect payment from you by any lawful means available.


Digital Market Place payments not made on time, or default payment methods that are unable to be processed for any reason, will allow Video Chat A Pro reservation of all rights permissible by law to recover payment and all cost and expense incurred, including reasonable attorney fees, in the pursuit of payment. You authorize Video Chat A Pro to send communications in relation to delinquent accounts and/or overdue payments electronically, by mail and/or by phone. Communications of such, may be made by Video Chat A Pro or anyone in its behalf, including but not limited to third-party collection agencies.


Video Chat A Pro Promotions


We offer certain Video Chat A Pro, Promotions. Discounted or Free Use of the “Platform” for a limited period. Video Chat A Pro offers promotions at is sole discretion, and these promotions may be revoked for any reason at any time.


Promotional benefit eligibility is offered when; communication offering the Promotion is received directly form Video Chat A Pro; you satisfy the requirements of the “Platform” account/profile section and the details of the Promotion; and/or you are good standings with Video Chat A Pro, promotional feature may be offered for a limited time as a promotion. These said promotions allow access to use the feature, Video Chat A Pro reserves the right to condition promotions in any manner we see fit, including but not limited to; limiting search demographics, offering only to select trade categories, date ranges, and/or any other possibilities to offer promotions.


Benefits received by participating in any promotion offered by Video Chat A Pro will be subject to conditions and/or requirements described through communication offering the promotion and/or disclosed to you when offered by communication, third-party vendor to collect and pay-out Benefits to be paid to participating person and/or entity for monetized Video Chat Services, require account/profile information to complete and accurate. Video Chat A Pro reserves the right to withhold any promotional benefit when promotion requirements are not met, or account/profile requirements are not fulfilled and/or maintained by you.


Video Chat Pros disputes amongst each other and/or Disputes Between Customer User and Video Chat Pro


Video Chat A Pro sets forth no obligation to be involved, offer solution/resolution, provide remedy or any other form of resolution. Video Chat A Pro instead directs, and/or insists these types of disputes be resolved independently and you agree to do so with-out prejudice towards Video Chat A Pro. We must stand Neutral in any event of disputes. We would ask in good faith, that you attempt to resolve these disputes to the extent reasonably available, by means of; contact a neutral resolution or mediation counselor, and/or neutral resolution and/or mediation conducted by third-party mediator or arbitrator selected by you. With no foresight of the mentioned foregoing you agree that Video Chat A Pro offers no obligation to involvement to resolution of any disputes.


Rights of Intellectual Property


Video Chat A Pro “Content” is protected by Copyright, Trademark and/or all other laws of the United States of America, Foreign Countries, and International conventions. Video Chat A Pro and its “Video Chat Pros”, (account/profile user customers) exclusively own all right, title, and interest in/of and to the “Platform” and Video Chat A Pro “Content”, including associated intellectual property rights of all logos, trade names, trademarks, service mark, and/or any/all other proprietary designations of Video Chat A Pro used herein are trademarks registered and/or unregistered are property of Video Chat A Pro and/or any other trademarks, registered trademarks, logos, service marks, trade names, and/or other proprietary designations are those of their perspective owners.


Suggestion Box


 Video Chat A Pro wants to here from you, we encourage questions, comment, feedback, and/or suggestions to improve our “Platform” and/or serve you better. Content sent to the suggestion box is content you represent and warrant you have rights to disclose; does not violate the rights of any other “Video Chat Pro”, “Company Member” and/or “Customer User”; and/or the content does not contain proprietary confidential information of any third-party, as agreed in the “Term” we are not bound by any proprietary right to said content when sent to the suggestion box on the “Platform”. Video Chat A Pro is no way, under any obligation of confidentiality, expressed or implied to disclose any future workings similar to suggestion, and you grant Video Chat A Pro an irrevocable, nonexclusive , royalties free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute, and sublicense the suggestion sent to the suggestion box, and you irrevocably waive, and cause to be waived, against Video Chat A Pro and its users any claims and/or assertions of any/all moral rights contained in the suggestion. These suggestions shall survive account/profile terminations and/or cancelations at any point you are not using or allowed use of the “Platform”.


Copyright Policy


 All Users are expected to respect copyright laws. When circumstances occur that provide evidence that infringement occurs repeatedly by any Video Chat Pro, or belief of such repeated infringement, shall cause for termination of account/profile and access to the “Platform”. For more information contact support@videochatapro.com.


No Implied Endorsement or Recommendation of Video Chat Pros 


Video Chat A Pro does not recommend or endorse any “Video Chat Pros”, “Video Chat Free Lance Pro”,” Company Member” and/or the Video Chat Services they perform. We allow the state licensing system to endorse their skill set and knowledge when issuing them a skilled trade license. The “Platform” restricts the geographical demographics to help enforce license laws to keep “Video Chat Free Lance Pros” from actually offering to perform a hands-on repair, as the “Platform” prevents “Customer Users” to perform Video Chat Services with “Video Chat Free Lance Pros” within X mile radius of the “Customer User” when searching through the search feature of the “Platform”, “Company Members” are required to be state licensed and insured, by the state licensing system, and Video Chat A Pro requires the proper license and/or certifications for each trade category, provided is a lengthy list of safety tips to use to help guide you at. You agree that we imply no obligation to perform background checks and/or to confirm any information provided by Video Chat Pros, and that at, Video Chat A Pros sole discretion we may through third-party vendors perform background checks and processes to verify identity of Video Chat Pros to protect “Customer Users”. Video Chat a Pro does not control schedules, and you agree that the Video Chat Pro is responsible for its own scheduled time and you the “Customer User” will not be charged for No Show Video Chat Pros, and the “Customer User” is asked to review that “Video Chat Pro” so to prevent further occurrences with other “Customer Users” you are encouraged to leave a truthful review.
“Customer User” is encouraged and agrees to make their own decision about identity and suitability of Video Chat Pros on the “Platform”, exercise responsibility, perform due diligence and/or use care before choosing to interact with Video Chat Pros, through the “Platform” and/or be cautious when interacting with Video Chat Pros. Video Chat A Pro has no responsibility to any damage or harm resulting from interactions with Video Chat Pros.


Video Chat A Pro does not endorse or assume responsibility for any “Collective Content” as it may contain links to third-party websites, offers, and/or events and activities not owned or controlled by Video Chat A Pro, accessing “Collective Content” is at your own risk.
Use of the “Platform” applies expressed agreement that any legal remedy or liability sought for actions and/or omissions of any other user and/or third-parties will be limited to those users and/or third-parties, and/or you will not impose liability on or seek legal resolution from Video Chat A Pro with respect to actions and omissions.


Violations of These Terms


Video Chat A Pro may without limiting any other rights herein at its sole discretion take any action permitted by law for any violation of Terms and/or any other policy and/or agreement between Video Chat A Pro and its Video Chat Pro users. Including but not limited to removing all “Content” on account/profile, restricting your access to the “Platform”, seizure of funds Video Chat A Pro may owe you, additional fees for penalties or cost incurred, and/or termination of your account/profile, investigate you, and/ or cooperation with law enforcement during investigation and/or prosecution.


Suspension of “Platform” Use and/or Account/Profile Termination 


Video Chat A Pro at its discretion may without cause and/or prior notice at any time, limit, block, suspend, deactivate and/or terminate your Video Chat A Pro account/profile under these Terms. The following will occur without prior notice or explanation; your account will be suspended and terminated, passwords disabled, access to the “Platform” and profile “Content”, and/or contact with support teams will be disabled. Video Chat A Pro may at its discretion communicate to other Video Chat Pros the status of your account/profile deactivation/termination and share details as to why your account/profile was deactivated/terminated, blocked, and/or suspended and any penalty fees incurred by you. You agree that this action of termination/deactivation of account/profile disqualifies you to receive any compensation for Video Chat pro Services performed through the “Platform” as they will be seized by Video Chat A Pro. You may terminate your account/profile through profile settings by clicking deactivate account at any time and may be subject to early termination fees. Video Chat A Pro has no obligation to delete or return to you any content from the “Platform” profile including but not limited to reviews, and/or archived video chat service footage.


Arbitration and Class Action Waiver 


Read This Section Carefully, As It Affects Your Legal Rights, Including Your Right to File Lawsuit In Court
You and Video Chat A Pro agree these Terms affect interstate commerce and that the Federal Arbitration Act governs interpretation and enforcement these arbitration provisions.


This section is intended to be interpreted broadly and governs any and all disputes between you and Video Chat A Pro, including but not limited to claims arising related to aspects of the relationship between Video Chat A Pro and you. Whether based in contract, tort, statute, fraud, misrepresentation and/or other legal theory; claims before this agreement or any prior agreement, including but not limited to advertising, claims ha may arise after termination of this agreement. Disputes excluded from this broad prohibition are the litigation of certain intellectual property and small claims, below.


Agreement to these Terms, means you agree to resolve all disputes with Video Chat A Pro as follows


Initial Dispute Resolution


Video Chat A Pro can resolve most disputes without resorting to litigation, when you reach out to Video Chat A Pros dispute department at disputes@videochatpro.com . Except for intellectual property and small court claims. Both parties agree to put forth their best effort to settle all disputes, claim, question and/or disagreement directly through Video Chat A Pros dispute department, good faith negotiations shall be a condition to both parties prior to initiating a lawsuit or arbitration.


Binding Arbitration 


In the event both parties do net reach an agreed upon solution with in 30 days, of informal dispute resolution initiation under the Initial Dispute Resolution provision above. At this point either party may initiate binding arbitration as sole means to resolve claims, subject to Terms set forth below. Specifically, claims arising relating to these Term or previous versions of these Terms, relationship, and/or your use of the “Platform” to be settled in binding arbitration, as described below.


Relief Sought is $10,000 or less and you do not wish to bring the claim to small claims court, arbitration will be conducted online, performed by an online arbitration provider of Video Cha A Pros choosing in accordance with their applicable Arbitration Rules and Procedures effective at the time the claim is made. You may initiate arbitration proceedings on the FairClaims website: www.fairclaims.com. You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law allows otherwise.


Relief Sought is $10,001 or greater, resolution shall be in accordance with JAMS Streamlined Arbitration Procedure Rules for Claims less than $250,000, and the JAMS Comprehensive Arbitration Rules and Procedures for claims greater than $250,000, in effect at the time the arbitration is initiated, excluding rules or procedures governing or permitting class actions. Start an arbitration with JAMS, do the following; write a demand for arbitration that includes a description of the claim and the amount of damages you seek to recover, download a copy at www.jamsadr.com; send three copies of demand for arbitration with the appropriate filling fee to JAMS at, 150 West Jefferson Suit 850 Detroit, MI 48226 and send one copy of the demand for arbitration to Video Chat a Pro at 3500 Lohman Ford Rd #1 Lago Vista Tx 78645 Attention Legal Team. You will be required to pay an initiation fee of $500 to initiate an arbitration against Video Chat A Pro. If the arbitrator finds the arbitration to be non-frivolous, Video Chat A Pro will pay all other fees invoiced by JAMS, including filing fees and hearing expenses. You are responsible for your own attorneys’ fee unless otherwise ordered by arbitration rules and/or applicable law allows otherwise.


The Arbitrator, not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising or related to the interpretation, applicability, enforceability, or formation of these Terms or the privacy policy including but not limited to any claim that all or any part of these Terms or privacy policy is void or voidable, whether a claim is subject to arbitration, or question of waiver by litigation. The arbitrator shall be empowered to grant whatever relief would be available in a court of law. The arbitrator’s award shall be written and shall be binding of the two parties and may be entered as a judgement in any court of competent jurisdiction. 


Both parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the cost of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.


Residents of the United States of America, arbitration may take place in the county you reside at the time of filling. Individuals outside the United States of America, arbitration shall be initiated in the State of Michigan, United States of America. You and Video Chat A Pro further agree to submit to the personal jurisdiction of any federal or state court Detroit Michigan, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgement on the award entered by the arbitrator.


Class Action Waiver


Both parties further agree that the arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressively waive their right to file class action or seek relief on a class basis. You and Video Chat A Pro agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.


Exception


 Litigation of Intellectual Property and Small Claims Court Claims: Notwithstanding the party’s decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy, or unauthorized use of intellectual property in state or federal court or in U.S Patent Office to protect its intellectual property rights. Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.


30 day Right to OPT Out


You have the right to OPT out, not be bound by the arbitration and class actin waiver provisions set forth above by sending written notice of your decision to OPT out to disputes@videochatapro.com , with subject line containing Arbitration and Class Action Waiver OPT Out. This notice must be received within 30 days of first use of the “Platform”, otherwise you shall be bound to arbitrate disputes in accordance with the Terms of those paragraphs. When decision is made to OPT out of these arbitration provisions, and Video Chat A Pro will not be bound by them.


Changes to This Section


Video Chat A Pro is to provide 30 days’ notice of any changes affecting the substance of this arbitration and Class action Waiver section by posting on Video Chat A Pro Terms of Use page, sending electronic message, and/or notify you from the “Platform” on your account/profile page. Amendments to this section become effective 30 days after being posted on the Video Chat A Pro Terms of Use page and/or sent to you or posted on your account/profile page. Changes to this section will otherwise apply prospectively only to claims arising after the 30th day. If a court or arbitrator decides that this subsection on Changes to this Section is not enforceable or valid, then subsection shall be severed from section entitled Arbitration and Class Action Waiver, and the court or arbitrator shall apply first Arbitration and Class Action Waiver in existence when you began to use the platform.


Survival


This Arbitration and Class Action Waiver section shall survive any termination and/or deactivation of you account/profile on the “Platform”.


Third Party Beneficiary


You and Video Chat A Pro acknowledge that any third party consumer reporting agency that Video Chat A Pro uses to perform background checks on “Video Chat Pros” is an express and intended third party beneficiary of this arbitration provision and as such, the Terms of this Arbitration provision will inure to the benefit of the consumer reporting agencies and may be enforced by them. Accordingly, you agree that any dispute arises between you and a consumer reporting agency that relates to or arises from this Agreement or any aspect of your relationship with Video Chat A Pro will be resolved by binding arbitration. If any court or arbitrator determines that this third party beneficiary subsection is void or unenforceable for any reason, then this subsection shall be severed from the section entitled Arbitration and Class Action Waiver, and the remainder of the section shall remain enforceable, meaning that the class action waiver and the mutual obligation to resolve disputes between Video Chat A Pro and you through binding arbitration remains enforceable.


Governing Law


 Your relationship between Video Chat A Pro and you, and the Terms shall be governed in all aspects by the laws of the State of Michigan, with out regard to its conflict of law provisions and/or agree any claim or dispute against Video Chat A Pro that is not subject to arbitration must be resolved by a court in located in Muskegon County, Michigan, except as otherwise agreed upon by both parties. You agree, for the purpose of litigating all such claims or disputes that are not subject to arbitration, and to submit to the personal jurisdiction of the United States District Court located with-in Muskegon County, Michigan. You hereby waive your rights to jurisdictional and venue defense otherwise available.


Disclaimer


USE OF THE “PLATFORM” BY YOU, OF “VIDEO CHAT PRO SERVICES”, “VIDEO CHAT SERVICES”, OR “COLLECTIVE CONTENT” IS TO BE USED AT YOUR OWN RISK. YOU AGREE AND ACKNOWLEDGE THAT VIDEO CHAT A PRO HAS NO OBLIGATION BUT RESERVES THE RIGHT TO FOR ANY REASON TO; MONITOR AND REVIEW ALL USER CONTENT; FOR ANY PURPOSE CONDUCT IDENTITY VERIFICATION, BACKGROUND CHECK, SEX OFFENDER REGISTRATION ON ANY “VIDEO CHAT PROS”. THERE IS NO WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED THE “PLATFORM” IS, “AS IS”. NOT LIMITING THE FOREGOING VIDEO CHAT A PRO AND ITS AFFILIATES AND SUBSIDIARIES AND THERE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRNGEMENT: ANY WARRANTIES, REPRENSENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS “PLATFORM” OR THE “VIDEO CHAT SERVICES”, “VIDEO CHAT PRO SERVICES” OFFERED THROUGH THIS PLATFORM; AND ANY WARRANTIES RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE “PLAATFORM”, INCLUDING WITH-OUT LIMITATION ALL “COLLECTIVE CONTENT”. VIDEO CHAT A PRO IMPLIES NO WARRANTY THAT THE “PLATFORM” OR “VIDEO CHAT SERVICES”, “VIDEO CHAT PRO SERVICE” WILL SATISFY YOUR EXPECTATIONS OR BE AVAILABLE ON AN UNINTERUPTED, SECURE, OR, ERROR-FREE BASIS. VIDEO CHAT A PRO ASSUMES NO RESPONSIBILITY AND SHALL NOT BE HELD LIABLE FOR ANY DAMAGES TO YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE “PLATFORM”. VIDEO CHAT A PRO SHALL NOT BE HELD LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF THIRD-PARTY DATA, INFORMATION, MATERIALS, SUSTANCE, OR COLLECTIVE CONTENT POSTED, TRANSMITTED, OR MADE AVAILABLE THROUGH THE “PLATFORM. NO ADVICE, CONSULTATION, OR INFORMATION WRITTEN OR ORAL, OBTAINED FORM VIDEO CHAT A PRO OR THROUGH THE “PLATFORM” WILL CREATE ANY TYPE OF WARRANTY NOT EXPRESSIVLY STATED HEREIN.


YOU ARE RESPONSIBLE FOR ALL COMMUNICATIOS AND INTERACTIONS WITH All USERS OF THE “PLATFORM”, INCLUDING BUT NOT LIMITED TO “CUSTOMER USERS”, “VIDEO CHAT PROS”, AND VIDEO CHAT A PRO REPRESENTATIVES. YOU AGREE AND ACKNOWLEDGE THAT VIDEO CHAT A PRO DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF ANY TYPE OF USER OF THE “PLATFORM” OR TO REVIEW OR VET ANY VIDEO CHAT PRO SERVICE. VIDEO CHAT A PRO PROVIDES NO REPRESENTATIONS OR WARRANTIESAS TO CONDUCT OF “VIDEO CHAT PROS” ON THE “PLATFORM” OR THE COMPATABILITY WITH ANY “CUSTOMER USER” OF THE “PLATFORM”. YOU AGREE AND ACKNOWLEDGE PRECAUTION SHALL BE USED WHEN COMMUNICATING AND INTERACTING WITH USERS OF THE “PLATFORM AND WITH OTHER PERSONS AND/OR THIRD PARTYS’ YOU INTERACT WITH AS A RESULT OF YOUR USE OF THE “PLATFORM”, ESPECIALLY IF YOU DECIDE TO INTERACT OFFLINE IN PERSON, TO RECEIVE OR PERFORM “VIDEO CHAT PRO SERVICES”. VIDEO CHAT A PRO DISCLAIMS EXPLICITLY ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY USER OR THIRD PARTY BY MEANS OF INTERACTION TROUGH THE “PLATFORM”


LIMITATION OF LIBILITY


TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRETY OF RISKS THAT MAY ARRISE FROM YOUR ACCESS TO, AND THE, USE OF THE “PLATFORM”, “COLECTIVE CONTENT”, AND/OR THE ACTION OF OFFERING TO PERFORM “VIDEO CHAT PRO SERVICES”, “VIDEO CHAT SERVICES”, AND/OR REQUESTING OR RECEIVING “VIDEO CHAT PRO SERVICES”, “VIDEO CHAT SERVICES” AND/OR “COLLECTIVE COONTENT” THROUGH THE “PLATFORM”, AND/OR CONTACT WITH ANY OTHER USER AND/OR THIRD PARTY OF VIDEO CHAT A PRO, IN PERSON OR ONLINE, ALL ASSOCIATED RISK REMAINS YOURS. VIDEO CHAT A PRO NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE “PLATFORM” WILL BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND IF VIDEO CHAT A PRO HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF LIMITED REMEDY SET FORTH HEREIN IS FOUND TO FAIL ITS ESSENTIAL PURPOSE FOR: INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PRFITS, DATA LOSS, LOSS OF GOODWILL; SERVICE INTERUPTIONS, COMPUTER DAMAGE AND/OR SYSTEM FAILURE OF ANY; COSTS OF SUBSTITUE PRODUCTS OR SERVICES; DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING IN CONNECTION WITH THESE TERMS; USE OF OR THE INABILITY TO USE THE PLATFORM “VIDEO CHAT SERVICES” OR “COLLECTIVE CONTENT”; COMMUNICATIONS, INTERACTIONS, MEETINGS, SESSIONS AND/OR ANY INTERACTION WITH ANY OTHER USER OF THE “PLATFORM” RESULTING FROM YOUR USE OF THE “PLATFORM”, AND/OR YOUR OFFERING “VIDEO CHAT SEVICES”, OR “VIDEO CHAT PRO SERVICES” OR REQUESTING OR RECEIVING “VIDEO CHAT SERVICES”, “VIDEO CHAT PRO SERVICES” THROUGH THE “PLATFORM”.


IN NO EVENT SHALL THE TOTAL, AGGREGATE LIIABILITY OF VIDEO CHAT A PRO AND IT AFFILIATES AND SUBSIDARIES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND/OR AGENTS, ARRISSING FROM OR RELATING TO THESE TERMS, “PLATFORM”, “VIDEO CHAT SERVICES”, “VIDEO CHAT PRO SERVICES”, AND/OR “COLLECTIVE CONTENT”, AND/OR FROM THE USE OR INABILITY TO USE THE “PLATFORM” OR “COLECTIVE CONTENT” AND/OR IN CONNECTION WITH ANY “VIDEO CHAT SERVICES”, “VIDEO CHAT PRO SERVICES” OR INTERACTIONS WITH ANY OTHER USERS EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO VIDEO CHAT A PRO BY YOU HEREUNDER OR ONE US DOLLAR IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE.


THE LIMITATION OF LIABILITY DESCRIBED ABOVE SHALL APPLY FULLY TO RESIDENTS OF NEW JERSEY.


INDEMNIFICATION AND RELEASE


You agree to release, defend, indemnify, and hold Video Chat A Pro, affiliates and subsidiaries, their respective officers, directors, employees, and agents, harmless of any claims, liabilities, damages, losses, and/or expenses, including  without limitation, reasonable legal and accounting fees, arising out of or in any way connected with; violation of Terms; “User Content”; any interaction with any type of User or third party; and/or the request of or the receipt of provisioned “Video Chat Services”, “Video Chat Pro Services” by you, including but not limited to all injuries, losses and/or damages of any type arising as result of “Video Chat Services”, “Video Chat Pro Services.


Residents of New Jersey, you only agree to release, defend, indemnify and hold Video Chat A Pro its affiliates and subsidiaries, respective employees/agents, harmless from third party claims, liabilities, damages, losses, and expenses including without limitation reasonable legal and accounting fees, arising from or connected to your violation of these Terms.


California Resident, you waive California Civil Code Section 1542, which states:


A General release does not extend to claims which creditor does not know or suspect to exist in his or her favor at the time of execution of the release, which if known by him/her must have materially affected his/her settlement with the debtor.


Non-California residents waive rights under any statute or common law principle like Section 1542 that governs your rights to the jurisdiction of your residence.


Force Majeure


Video Chat A Pro nor You shall bear liability to the other for any delay or failure of performance under these Terms arising from causes beyond its control, without its fault or negligence. Such causes may include but are not limited to fires, floods, earthquakes, strikes, unavailability of necessary utilities, blackouts, acts of God, acts of declared or undeclared war, acts of terrorism, acts of regulatory agencies and/or natural disasters.


No Third-Party Beneficiaries


You agree and acknowledge that, except as otherwise expressively provided in these Terms, there are and shall be no third-party beneficiaries to these Terms.


Consent to Contact You


 You agree and acknowledge that Video Chat A Pro and/or its Third-Party Vendors may provide you with notices, including those regarding changes to the Terms, electronically by email, by paper using regular mail, and/or by posting on account/profile or “Platform”. With your consent, third-party vendors and/or Video Chat A Pro, team members may contact you by telephone and/or text messages regarding official business. You may withdraw your consent by sending email to support@videochatapro.com containing (Revoke Electronic Consent) in subject line. All information regarding your Use of this service can be retained by requesting it by email from Video Chat A Pro support.


Entire Agreement


Terms, Privacy Policy, and any other legal notices and/or additional Terms, Conditions, Policies published by Video Chat A Pro on the “Platform”, constitute the entire agreement between you and Video Chat A Pro concerning the “Platform” and/or any “Video Chat Services”, Video Chat Pro Services obtained through use of the “Platform”. Except as explicitly stated herein, any provision of the Terms is deemed invalid by a Court, the invalidity of provision shall be severed, and not affect the validity of the remaining provisions of the Terms and shall remain in full force and effect.


Waiver


No waiver of any provision of these Terms shall be deemed as further and/or continuing waiver of such Term and/or any other Term, Video Chat A Pros failure to assert any other right or provision under these Terms shall not constitute a waiver of such right or provision.


Statute of Limitations


You agree and acknowledge, regardless of any statute or law to the contrary, claims arising from use and/or related to the “Platform” or the “Video Chat Services”, “Video Chat Pro Services” offered herein must commence with in 1 year from the cause of action occurs, otherwise such cause of action is permanently barred. Notwithstanding the forgoing this statute of limitations shall not apply to residents of New Jersey.


Section Headings 


Section Headings in these “Terms” are for convenience only and have no legal or contractual effect.


Contact Information


Any and All Questions Regarding These “Terms” or the “Platform” shall be directed to support@videochatapro.com, or by writing to Video Chat A Pro, Inc. at 


3500 Lohman Ford Rd #1 Lago Vista, Texas 78645 

 

Privacy Policy


Protecting your private information is our priority. This Statement of Privacy applies to www.videochatapro.com and Video Chat A Pro Inc. and governs data collection and usage. For the purposes of this Privacy Policy, unless otherwise noted, all references to Video Chat A Pro Inc. include www.videochatapro.com and Video Chat A Pro. The Video Chat A Pro website is a Digital Market Place to provide monetized Video Chat Services for Licensed Trade Professionals and Licensed Trades Service Companies site. By using the Video Chat A Pro website, you consent to the data practices described in this statement.


Collection of your Personal Information

In order to better provide you with products and services offered on our Site, Video Chat A Pro may collect personally identifiable information, such as your:

- First and Last Name

- Mailing Address

- E-mail Address

- Phone Number

- customer reviews, repair problem

If you purchase Video Chat A Pro's products and services, we collect billing and credit card information. This information is used to complete the purchase transaction. Please keep in mind that if you directly disclose personally identifiable information or personally sensitive data through Video Chat A Pro's public message boards, this information may be collected and used by others. We do not collect any personal information about you unless you voluntarily provide it to us. However, you may be required to provide certain personal information to us when you elect to use certain products or services available on the Site. These may include: (a) registering for an account on our Site; (b) entering a sweepstakes or contest sponsored by us or one of our partners; (c) signing up for special offers from selected third parties; (d) sending us an email message; (e) submitting your credit card or other payment information when ordering and purchasing products and services on our Site. To wit, we will use your information for, but not limited to, communicating with you in relation to services and/or products you have requested from us. We also may gather additional personal or non-personal information in the future.

Use of your Personal Information

Video Chat A Pro collects and uses your personal information to operate its website(s) and deliver the services you have requested. Video Chat A Pro may also use your personally identifiable information to inform you of other products or services available from Video Chat A Pro and its affiliates.

Sharing Information with Third Parties


Video Chat A Pro does not sell, rent or lease its customer lists to third parties. Video Chat A Pro may, from time to time, contact you on behalf of external business partners
about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is transferred to the third party. Video Chat A Pro may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to Video Chat A Pro, and they are required to maintain the confidentiality of your information. Video Chat A Pro may disclose your personal information, without notice, if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Video Chat A Pro or the site; (b) protect and defend the rights or property of Video Chat A Pro; and/or (c) act under exigent circumstances to protect the personal safety of users of Video Chat A Pro, or the public.


Tracking User Behavior


Video Chat A Pro may keep track of the websites and pages our users visit within Video Chat A Pro, in order to determine what Video Chat A Pro services are the most popular. This data is used to deliver customized content and advertising within Video Chat A Pro to customers whose behavior indicates that they are interested in a particular subject area.


Automatically Collected Information


Information about your computer hardware and software may be automatically collected by Video Chat A Pro. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the Video Chat A Pro website.


Use of Cookies


The Video Chat A Pro website may use "cookies" to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.


One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize Video Chat A Pro pages, or register with Video Chat A Pro site or services, a cookie helps Video Chat A Pro to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same Video Chat A Pro website, the information you previously provided can be retrieved, so you can easily use the Video Chat A Pro features that you customized.

You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Video Chat A Pro services or websites you visit.


Links


This website contains links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information.


Security of your Personal Information


Video Chat A Pro secures your personal information from unauthorized access, use, or disclosure.
Video Chat A Pro uses the following methods for this purpose:

- SSL Protocol


When personal information (such as a credit card number) is transmitted to other websites, it is protected through the use of encryption, such as the Secure Sockets Layer (SSL) protocol.

We strive to take appropriate security measures to protect against unauthorized access to or alteration of your personal information. Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, you acknowledge that: (a) there are security and privacy limitations inherent to the Internet which are beyond our control; and (b) security, integrity, and privacy of any and all information and data exchanged between you and us through this Site cannot be guaranteed.


Children Under Thirteen


Video Chat A Pro does not knowingly collect personally identifiable information from children under the age of thirteen. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website.


Opt-Out & Unsubscribe from Third Party Communications


We respect your privacy and give you an opportunity to opt-out of receiving announcements of certain information. Users may opt-out of receiving any or all communications from third-party partners of Video Chat A Pro by contacting us here:
- Web page: www.videochatapro.com/optout
- Email: optout@videochatapro.com
- Phone: _________________


E-mail Communications


From time to time, Video Chat A Pro may contact you via email for the purpose of providing announcements, promotional offers, alerts, confirmations, surveys, and/or other general communication. In order to improve our Services, we may receive a notification when you open an email from Video Chat A Pro or click on a link therein.


If you would like to stop receiving marketing or promotional communications via email from Video Chat A Pro, you may opt out of such communications by Customers may unsubscribe from emails by "replying STOP" or "clicking on the UNSUBSCRIBE button.


External Data Storage Sites


We may store your data on servers provided by third party hosting vendors with whom we have contracted.


Changes to this Statement


Video Chat A Pro reserves the right to change this Privacy Policy from time to time. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your account, by placing a prominent notice on our site, and/or by updating any privacy information on this page. Your continued use of the Site and/or Services available through this Site after such modifications will constitute your: (a) acknowledgment of the modified Privacy Policy; and (b) agreement to abide and be bound by that Policy.


Contact Information


Video Chat A Pro welcomes your questions or comments regarding this Statement of Privacy. If you believe that Video Chat A Pro has not adhered to this Statement, please contact Video Chat A Pro at:


Video Chat A Pro Inc.

3500 Lohman Ford Rd #1

Lago Vista, Tx 78645

Phone 512-567-1270

Email Address:
videochatapro@gmail.com

Effective as of March 16, 2019