VersaLink® Remote Monitoring Access Agreement
Triton TDL Services, Inc. (Triton) provides Customer with a limited license to use its internet system, software, and data (VersaLink), which Customer agrees to use in accordance with these rules. Triton will occasionally provide automatic upgrades to VersaLink to improve the online experience.
The VersaLink Remote Monitoring Access Agreement is a legal document that details Customer’s rights and obligations as a VersaLink subscriber. Customer cannot become a VersaLink subscriber until Customer has accepted the terms of this Access Agreement. The Access Agreement provides very important information about Customer’s VersaLink subscription. If Customer has questions about the Access Agreement or about Customer’s rights and responsibilities as a VersaLink subscriber, please contact Triton by e-mail by selecting the Contact Us link at http://www.tritonatm.com. Triton reserves the right to upgrade, revise, and change policies and procedures for using VersaLink.
There may be additional terms and conditions if, in the future, Customer uses additional or affiliated services or products. To access the VersaLink service, Customer must accept the terms of this Agreement. To be a VersaLink subscriber, Customer must be a current Triton client or their authorized representative with an assigned screen name and password.
It may be necessary for Triton to update or revise certain provisions of the Access Agreement. By subscribing, Customer agrees that Triton may change the terms of this Access Agreement. If Triton makes material changes or revisions to the Access Agreement, Triton will provide notice to Customer thirty (30) days in advance. If Customer does not agree to the changes proposed by Triton, or to any of the terms in this Access Agreement, Customer’s only remedy is to cancel the VersaLink subscription.
This Agreement is Customer's entire agreement with Triton regarding Customer’s access to VersaLink and governs Customer’s use of the VersaLink online service.
Customer’s screen name and password are Customer’s subscriber identity. Customer may not use a screen name that is used by someone else or be used in any way that violates the other parts of the Access Agreement.
Customer is responsible for all activity on Customer’s account. Customer may also receive important notices about Customer’s subscription from time to time. It is important that Customer not reveal passwords to other users. Customer agrees not to reveal passwords to other users, and Customer agrees to indemnify and hold Triton harmless for any improper or illegal use of Customer’s account. This includes illegal or improper use by someone to whom Customer has given permission to use Customer’s account. Customer’s account is at risk if Customer lets someone use it inappropriately. Triton provides Customer with a limited license to use VersaLink, which Customer agrees to use in accordance with these rules. Customer may sub-license, or charge others to use or access, VersaLink. Triton will occasionally provide automatic upgrades to improve Customer’s online experience. Triton reserves the right to limit access at anytime and at Triton's sole discretion due to system upgrades, maintenance, or otherwise.
Triton grants to Customer a non-exclusive, limited license to use VersaLink in accordance with this agreement. This license is subject to the restriction that, except where expressly permitted by law, Customer may not translate, reverse-engineer, or reverse-compile or decompile, disassemble or make derivative works of VersaLink or Triton's proprietary system. Customer may not modify VersaLink or use it in any way not expressly authorized by this Agreement. Customer understands that Triton's introduction of various technologies may not be consistent across all platforms and that the performance and some features offered by Triton may vary depending on Customer’s computer and other equipment.
Limitation of Warranty
CUSTOMER EXPRESSLY AGREES THAT THE USE OF VERSALINK AND DATA DERIVED FROM VERSALINK IS AT SUBSCRIBER'S SOLE RISK. TRITON, TRITON SOFTWARE, TRITON PRODUCTS, AND THE ACCESS THROUGH THE INTERNET ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR CUSTOMER’S USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. TRITON PROVIDES VERSALINK ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT SUBSCRIBERS WILL BE ABLE TO ACCESS OR USE VERSALINK AT TIMES OR LOCATIONS OF THEIR CHOOSING, OR THAT TRITON WILL HAVE ADEQUATE CAPACITY FOR THE SERVICE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. TRITON'S ENTIRE LIABILITY AND CUSTOMER’S EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF VERSALINK SHALL BE THE UPDATE OF ANY TRITON SOFTWARE FOUND TO BE DEFECTIVE. CUSTOMER’S SOLE AND EXCLUSIVE REMEDY FOR ANY OTHER DISPUTE WITH TRITON IS THE CANCELLATION OF CUSTOMER’S VERSALINK SUBSCRIPTION. IN NO CASE SHALL TRITON BE LIABLE FOR CONSEQUENTIAL DAMAGES ARISING FROM CUSTOMER’S USE OF VERSALINK, THE INTERNET, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO CUSTOMER’S SUBSCRIPTION TO VERSALINK. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, TRITON'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Upon a request by Triton, Customer agrees to defend, indemnify, and hold harmless Triton and its affiliated subsidiaries, employees, contractors, officers, directors, telecommunications providers and content providers from all liabilities, claims, and expenses, including attorneys fees, that arise from a breach of this Access Agreement for which Customer is responsible or from the use of VersaLink, or in connection with Customer’s transmission of any content on the VersaLink system. Triton reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by a subscriber. In that event, the subscriber shall have no further obligation to provide indemnification for Triton in that matter.
By using VersaLink, Customer agrees to refrain from copying, transmitting, modifying, distributing, showing in public or in private or creating any derivative works from any of the content Customer finds on VersaLink, unless Customer has an expressed license from Triton to do so.
If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
The laws of the State of Mississippi, excluding its conflicts-of-law rules, govern this Access Agreement. Customer expressly agrees that exclusive jurisdiction and venue for any claim or dispute with Triton or relating in any way to Customer’s subscription or Customer’s use of VersaLink resides in the courts of Mississippi, and Customer further agrees and expressly consents to the exercise of personal jurisdiction in the courts of Mississippi in connection with any such dispute including any claim involving Triton or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers. Any dispute related to the use of VersaLink shall be submitted to arbitration in accordance with the rules of the Superior Court of Mississippi, County of Harrison, Mississippi.
BY LOGGING INTO VERSALINK, CUSTOMER AGREES TO ALL THE ABOVE LANGUAGE.