Last updated: December 07, 2022

Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the https://www.voilanorbert.com website (the “Service”) operated by VoilaNorbert (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you are using the Service on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these terms. In that case, “you” and “your” will refer to that organization. If you disagree with any part of the terms then you may not access the Service.

Purchases

If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.

Billing and Refund Policies

Portions of the Service require a fee or other charge (“Paid Services”). If you elect to use Paid Services, you agree to the pricing and payment terms listed on our website, as updated from time to time. VoilaNorbert may add new services for additional fees and charges, or amend fees and charges for existing services, at any time at our sole discretion. If VoilaNorbert makes change to our pricing or
payment terms, they shall become effective in the billing cycle following notice of such change to you.

You may cancel Paid Services at any time by sending an email to VoilaNorbert at me@voilanorbert.com. If you cancel Paid Services during the middle of a month, VoilaNorbert will not provide you with a pro-rata refund of any prepaid fees as all fees paid for the Services are nonrefundable.

We reserve the right to charge your account additional credits for low success rates on your searches.

Availability, Errors and Inaccuracies

We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through the Service may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

Unauthorized Commercial Usage

VoilaNorbert prohibits using the Service for any commercial purposes other than the use of (or inquiry about) VoilaNorbert products or services. You must obtain our prior written consent to make commercial offers of any kind on the Service, whether by advertising, solicitations, links, or any other form of communication. Without limiting the foregoing, you may not resell or link to other sites for the purpose of selling VoilaNorbert products or services of any kind. We will investigate and take appropriate legal action against anyone who violates this provision, including, without limitation, barring such violators from use of the Service. We reserve the right to block access to or cancel any order for any user known or reasonably believed to be in violation of this provision.

INTERNATIONAL USE

VoilaNorbert develops its Service for the United States and makes no representation that the Service is appropriate or available for use outside the United States. Accessing the Service from territories where its contents are illegal is discouraged, and those who choose to access the Service from other locations and are responsible for compliance with local laws.

Data

We may collect, use and share your personal information, or personal information provided by you, in accordance with our Privacy Policy. To the extent that use or disclosure of any information collected by us would require a license, you hereby automatically and forever grant such license to us.

As between the parties, you shall have sole responsibility for (a) the accuracy, quality, and legality of personal information; (b) the means by which the personal information you provide was acquired; (c) ensuring the Services are appropriate for you as well as any personal information or other data you input; (d) ensuring all contractual terms required under any applicable privacy laws have been entered into between the parties hereto; and (e) ensuring any required consent of a data subject has been or is obtained, and any necessary disclosures made, for any use or disclosure by you or us.

If you are a “Controller” or “Processor” (as such terms are defined in the General Data Protection Regulation (“GDPR”) subject to the GDPR,  a “business” under the California Consumer Privacy Act, as amended (“CCPA”), a “Controller” under the Virginia Consumer Data Protection Act (“VDCPA”), or a similar entity under another data protection law requiring contractual terms with processors, you shall not provide any Personal Data (as defined in GDPR and VDCPA, as applicable) or Personal Information (as defined in CCPA), or similar term under another such data protection law, about other data subjects, where such personal information is governed by those laws, prior to notifying us in writing by email to support@voilanorbert.com and entering into an appropriate data processing addendum (“DPA”) signed by both us and you. If you do not have a signed DPA with us, you represent and warrant that you have not provided any such personal information to us through the Services. Notwithstanding any language to the contrary herein or elsewhere, you agree that VoilaNorbert is an independent controller with respect to the personal information provided to the Services.

Unless you have notified us by email to support@voilanorbert.com, you represent and warrant that any personal information or other data you provide to the Service is not subject to any licensing restrictions by a third-party.

User Submitted Content

Please do not share any confidential or proprietary information with us. You acknowledge that any data, information or material you send to VoilaNorbert (User Content) will be presumed not to be confidential unless otherwise provided in a written agreement between you and VoilaNorbert. Unless otherwise provided in a written agreement between you and VoilaNorbert, by sending us any User Content, you grant VoilaNorbert a nonexclusive, unrestricted, irrevocable, perpetual, royalty-free, worldwide, assignable, transferrable, sublicensable, right and license, in all formats or media, whether now known or hereafter devised or discovered, to use, reproduce, display, transmit, translate, rent, sell, modify, disclose, publish, create derivative works from, and distribute such User Content.

Feedback

At your discretion, you may provide feedback to us concerning the functionality and performance of the Service from time to time, including, without limitation, identifying potential errors, improvements, modifications, bug fixes, or enhancements (“Feedback”).  If you, through your evaluation or otherwise, suggests any Feedback, you hereby assign the ownership in all Feedback to VoilaNorbert.  In the event ownership in the Feedback cannot be granted to VoilaNorbert, you grant VoilaNorbert at no charge a perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sublicense, distribute, modify, and otherwise exploit such Feedback without restriction.  You agree that we may disclose that Feedback to any third party in any manner and you agree that we have the ability to sublicense all Feedback in any form to any third party without restriction.

Representations and Warranties/Indemnification

You represent and warrant that (a) no User Content or information of any kind submitted through your use of the Service will (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; (b) you are at least eighteen (18) years old; (c) you are authorized to share User Content with VoilaNorbert and that you are not prohibited by any contract, policy, rule, or regulation from doing so.

You agree to indemnify and hold harmless VoilaNorbert and its affiliates, suppliers, partners, officers, agents, and employees from and against any claim, demand, losses, damages or expenses (including reasonable attorney’s fees) arising from VoilaNorbert’s use or distribution of any User Content, your use of the Service, your violation of these Terms or your violation of any rights of any third-party.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by VoilaNorbert.

VoilaNorbert has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that VoilaNorbert shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease.

Limitation Of Liability

In no event shall VoilaNorbert, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

To the maximum extent allowed by law, VoilaNorbert’s aggregate liability for any direct damages shall be limited to the amount of fees you have paid for the Service in the six (6) months preceding the claim, and even if a remedy set forth herein is found to have failed of its essential purpose. Some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages and thus the above limitation may not apply to you. If the limitation of liability or the exclusion of implied warranties set forth above is held inapplicable or unenforceable for any reason, VoilaNorbert’s maximum aggregate liability for any type of damages shall be limited to $500.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. VoilaNorbert does not assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any information made available through the Service.

VoilaNorbert its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements. VoilaNorbert is not responsible for any delays, delivery failures, or other damage resulting from such problems, including internet congestion, virus attacks, and denial of service (dos) attacks.

Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of Texas , without regard to its conflict of law provisions. All claims arising out of or relating to these Terms, to the Service, or to your relationship with VoilaNorbert will be litigated exclusively in the federal or state courts located in Travis County, Austin, Texas, U.S.A. You and VoilaNorbert consent to the exercise of personal jurisdiction of such courts in the State of Texas and waive any claim that such courts constitute an inconvenient forum.

Miscellaneous

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding the subject matter hereof and supersede and replace any prior agreements and writings we might have between us with respect thereto. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time, so you should review this page periodically. If a revision is material we will update the ‘Last Updated’ date at the top of this page and, use commercially reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. In addition, we may broadcast notices or messages through the site to inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending. Any such changes will become as of the Last Updated date; changes addressing new functions of the Service or changes made for legal reasons will be effective immediately.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Contact Us

If you have any questions about these Terms, please contact us at support@voilanorbert.com.