VIZIO Internet Applications (V.I.A.) Policy

Introduction:
VIZIO Internet Applications ("V.I.A.") affords the opportunity to access third party Internet product offerings or services ("V.I.A. Services") on certain VIZIO TVs, Blu-ray players and other V.I.A. capable devices (each a "V.I.A. Product"). The V.I.A. Services accessible herein are provided as per our agreement with these third parties. These agreements are subject to change, interruption, suspension (including termination) at any time and for various reasons. VIZIO makes no warranties or representations that any particular V.I.A. Service will be accessible, available, function in any particular manner or function at all.

Internet Access Required for V.I.A. Services; Updates:
To use these V.I.A. Services, you must obtain high-speed/broadband access to the Internet (such as DSL, cable or T1 lines), either directly or through devices that access the Internet and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the Internet including a modem or other Internet access device. Each individual third party Internet product may require different minimum Internet connection speed. The usability and availably of a functional V.I.A. Product and its internet connected feature may highly be dependent and varied based on high-speed/broadband internet access, connection speed, bandwidth, other equipment(s), third party applications, firmware updates and other factors outside of VIZIO's control and/or responsibility which may also be independent of the actual operation of the V.I.A. Product. It is further understood that V.I.A. Products are integrated with sophisticated technologies (software and hardware) which may exhibit delayed boot-up/shutdown time and/or interrupted services. You further understand that the V.I.A. Services specifications and functionality are constantly evolving and that we may directly, or indirectly V.I.A. third parties, update or change the V.I.A. Services, in whole or in part, at any time and without notice to you. Such updates may be required for you to use certain aspects of the V.I.A. services or to continue to connect to the V.I.A. Services.

Availability of Content on V.I.A. Services:
VIZIO or said third parties providing V.I.A. Services reserve the right to delete data from their servers, or prevent access to their servers or to change data categories, product offerings or service levels for any reason that VIZIO or said third parties deem sufficient in their sole discretion at any time, without notice. VIZIO may also impose additional or different limits on the use of or access to certain V.I.A. Services, in any case and without notice or liability. Some or all of the data or functionality of V.I.A. Services may require additional payment and/or subscription by you. However, in no event will you be charged for any V.I.A. Services unless those charges are made known to you in advance. VIZIO makes no warranties or representations of any kind as to the accuracy, currency, or completeness of any information contained on the data servers of such third party providers of any V.I.A. Services. Furthermore, we do not review, control, or endorse the content, products or services of V.I.A. Services or their data servers.

V.I.A. SERVICES ARE PROVIDED SERVICE "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE), TO THE MAXIMUM EXTENT PERMITTED BY LAW. USE OF THE V.I.A. SERVICES IS AT YOUR SOLE RISK. THIS MEANS, FOR EXAMPLE, THAT VIZIO DOES NOT GUARANTEE THAT THE V.I.A. SERVICES WILL ALWAYS WORK PROPERLY OR WORK AT ALL. THIS ALSO MEANS WE DO NOT GUARANTEE THAT THE V.I.A. SERVICES, CONTENT OR PRODUCTS WILL BE FREE FROM VIRUSES, HACKS, OR OTHER POTENTIALLY HARMFUL INTRUSIONS. PLEASE NOTE THAT SOME STATES DO NOT ALLOW SUCH WARRANTY LIMITATIONS, SO THESE LIMITATIONS MAY NOT APPLY TO YOU.

V.I.A. Services Content Disclaimer:
Certain V.I.A. Services may include materials from third parties or links to certain third party data servers. You acknowledge and agree that VIZIO is not responsible for examining or evaluating the content or accuracy of any V.I.A. Services, their data servers or related third-party materials. VIZIO does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or web sites, or for any other materials, products, or services of third parties. Links to V.I.A. Services and any associated links to other data servers are provided solely as a convenience to you. To the extent provided, content types or descriptions of V.I.A. Services provided for convenience, and you acknowledge and agree that VIZIO does not guarantee their accuracy. You understand that by using any of the V.I.A. Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language. Nevertheless, you agree to use the V.I.A. Services at your sole risk and that VIZIO shall have no liability to you for content that may be found to be offensive, indecent, or objectionable.

You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party, and that VIZIO is not in any way responsible for any such use by you.

V.I.A. Software License Agreement; VIZIO Privacy Policy:
Your right to use the widget links to access V.I.A. Services is governed by the VIZIO Internet Applications Software License Agreement ("V.I.A. Software License Agreement"), the terms of which are available in your Product Guide, all of which are incorporated herein by this reference. In the event of a conflict between this VIZIO Internet Applications (V.I.A.) Policy and the V.I.A. Software License Agreement, the V.I.A. Software License Agreement shall control. Your right to use the V.I.A. Services is also governed by VIZIO Privacy Policy, all of which terms are incorporated herein by this reference.

VIZIO may change the terms and conditions of this Policy, VIZIO Privacy Policy and/or the V.I.A. Software License Agreement, at any time and without prior notice. Current versions of the foregoing are available on the Internet at: www.vizio.com. If you do not have Internet access, you should periodically contact our customer service department and we will mail you a current version, free of charge. If you do not agree to the changes, you must immediately cease use of the V.I.A. Services.

VIZIO INTERNET APPLICATIONS

SOFTWARE LICENSE AGREEMENT

THE FOLLOWING AGREEMENT EXPLAINS HOW YOU MAY USE THE VIZIO INTERNET APPLICATIONS ("V.I.A.") TO ACCESS THIRD PARTY INTERNET PRODUCT OFFERINGS AND SERVICES ("V.I.A. SERVICES") AND THE VIZIO SOFTWARE INSTALLED ON YOUR VIZIO V.I.A. PRODUCT. BY USING THE VIZIO INTERNET APPLICATIONS, YOU CONSENT AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS BELOW AND YOU MAY, SUBJECT TO THOSE TERMS AND CONDITIONS, USE THE VIZIO SOFTWARE AND ACCESS THE V.I.A. SERVICES.

VIZIO SOFTWARE LICENSE AGREEMENT

The following terms and conditions govern the use of any software on your VIZIO V.I.A. PRODUCT:
1. General. The software, documentation and any fonts accompanying this License Agreement whether on disk, in read only memory, on any other media or in any other form (collectively the "VIZIO Software") are licensed, not sold, to you by VIZIO, Inc. ("VIZIO") for use only under the terms of this License Agreement, and VIZIO reserves all rights not expressly granted to you. The rights granted herein are limited to VIZIO's and its third party licensors' intellectual property rights in the VIZIO Software and do not include any other patents or intellectual property rights. You own the media on which the VIZIO Software is recorded or resides but VIZIO and/or its licensor(s) retain ownership of the VIZIO Software itself. The terms of this License Agreement will govern any software upgrades provided or made available by or through VIZIO that replace and/or supplement the original VIZIO Software, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.

2. Permitted Uses and Restrictions. This License Agreement allows you to use the VIZIO Software and, through functions solely found within the VIZIO V.I.A. PRODUCT, this Agreement also allows you to install upgrades thereto. The VIZIO Software may be used to access V.I.A. Services and view materials so long as such use is limited to materials in which you are authorized or legally permitted to view. You may not make the VIZIO Software or V.I.A. Services available over a network or where it could be used by multiple televisions or display devices at the same time. Except as and only to the extent expressly permitted in this License Agreement or by applicable law, you may not copy, decompile, reverse engineer, disassemble, modify, or create derivative works of the VIZIO Software or any part thereof. THE VIZIO SOFTWARE AND V.I.A. SERVICES ARE NOT INTENDED FOR USE IN ANY EQUIPMENT OR ENVIRONMENT IN WHICH THE FAILURE OF THE VIZIO SOFTWARE OR V.I.A. SERVICES COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.

3. Transfer. You may not rent, lease, lend, redistribute or sublicense the VIZIO Software or access to the V.I.A. Services. You may, however, make a one-time permanent transfer of all of your license rights to the VIZIO Software to another party, provided that: (a) the transfer must include the VIZIO V.I.A. Product, including all its component parts, original media, printed materials and this License Agreement; (b) you do not retain any copies of the VIZIO Software, full or partial, including copies stored on a computer or other storage device; and (c) the party receiving the VIZIO V.I.A. Product and VIZIO Software reads and agrees to accept the terms and conditions of this License Agreement.

4. Consent to Use of Collected Data. You agree that VIZIO and its third party providers of V.I.A. Services may collect and use technical, non-technical and related information, including but not limited to information about your use of the VIZIO Software, the V.I.A. Services, content viewed and attached peripherals, products or services purchased, that is gathered periodically to facilitate the provision of software updates, product support and other services to you, including additional or different V.I.A. Services related to the VIZIO Software and to verify compliance with the terms of this License Agreement. VIZIO and its third party providers of V.I.A. Services and/or other providers may use this information, as long as it is in a form that does not personally identify you, to improve our products or to provide services or technologies to you.

5. V.I.A. Services and other Services. The VIZIO software affords the opportunity to access third party Internet product offerings or services ("V.I.A. Services"). The V.I.A. Services accessible herein are provided as per our agreement with certain third parties. These agreements are subject to change, interruption, suspension, removal (including termination) at any time and for various reasons. Moreover, VIZIO or its third party providers of V.I.A. Services reserve the right to delete data from their servers, or prevent access to their servers or to change data categories, product offerings or service levels for any reason that VIZIO or said third parties deem sufficient in their sole discretion at any time, without notice. VIZIO may also impose additional or different limits on the use of or access to certain V.I.A. Services, in any case and without notice or liability. VIZIO makes no warranties or representations that any particular V.I.A. Service will be accessible, available, function in any particular manner or function at all.

Use of the V.I.A. Services may require you to accept additional terms of service or end user license agreements which will be presented to you before you can use such Services. Some or all of the data, functionality of V.I.A. Services may require additional payment by you. However, in no event will you be charged for any V.I.A. Services unless those charges are made available to you in advance.

6. Disclaimer as to Content on V.I.A. Services. Certain V.I.A. Services may include materials from third parties or links to certain third party data servers. You acknowledge and agree that VIZIO is not responsible for examining or evaluating the content or accuracy of any V.I.A. Services, their data servers or related third-party materials. VIZIO does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or web sites, or for any other materials, products, or services of third parties. Links to V.I.A. Services and any associated links to other data servers are provided solely as a convenience to you. To the extent provided, content types or descriptions of V.I.A. Services provided for convenience, and you acknowledge and agree that VIZIO does not guarantee their accuracy. You understand that by using any of the V.I.A. Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language. Nevertheless, you agree to use the V.I.A. Services at your sole risk and that VIZIO shall have no liability to you for content that may be found to be offensive, indecent, or objectionable.

You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party, and that VIZIO is not in any way responsible for any such use by you.

7. Internet Access Required. To use these V.I.A. Services, you must obtain high speed/broadband access to the Internet (such as DSL, cable or T1 lines), either directly or through devices that access the Internet and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the Internet including a modem or other Internet access device. Each individual third party Internet product may require different minimum Internet connection speed. The usability and availably of a functional V.I.A. Product and its internet connected feature may highly be dependent and varied based on high-speed/broadband internet access, connection speed, bandwidth, other equipment(s), third party applications, firmware updates and other factors outside of VIZIO's control and/or responsibility which may also be independent of the actual operation of the V.I.A. Product.

8. Upgrades, Support. VIZIO or its third party providers may elect, but shall be under no obligation, to provide you with customer support and/or software upgrades, enhancements, or modifications to the VIZIO Software or V.I.A. Services (collectively, "Support"), in its sole discretion, and may terminate such Support at any time without notice to you. VIZIO and its third party providers reserve the right to charge you for any Support it provides but will make a schedule of those charges available to you prior to your incurring any costs. V.I.A. Products are integrated with sophisticated technologies (software and hardware) which may exhibit delayed boot-up/shutdown time and/or interrupted services. V.I.A. Services specifications and functionality are constantly evolving and that VIZIO, without any obligation, liability or commitment may directly, or indirectly V.I.A. third parties, update or change the V.I.A. Services, in whole or in part, at any time and without notice to you. Such updates may be required for you to use certain aspects of the V.I.A. services or to continue to connect to the V.I.A. Services.

9. Termination. This License is effective until terminated. Your rights under this License will terminate automatically without notice from VIZIO if you fail to comply with any term(s) of this License Agreement. Upon the termination of this License Agreement, you shall cease all use of the VIZIO Software and V.I.A. Services.

10. Limited Warranty on VIZIO Media. VIZIO warrants the media on which the VIZIO Software is recorded and delivered by VIZIO to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of original retail purchase. Your exclusive remedy under this Section shall be, at VIZIO's option, a refund of the purchase price of the product containing the VIZIO Software or replacement of the VIZIO Software which is returned to VIZIO or a VIZIO authorized representative with a copy of the receipt. THIS LIMITED WARRANTY AND ANY IMPLIED WARRANTIES ON THE MEDIA INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, AND OF FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF ORIGINAL RETAIL PURCHASE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO Y OU. THE LIMITED WARRANTY SET FORTH HEREIN IS THE ONLY WARRANTY MADE TO YOU AND IS PROVIDED IN LIEU OF ANY OTHER WARRANTIES (IF ANY) CREATED BY ANY DOCUMENTATION OR PACKAGING. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.

11. Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE VIZIO SOFTWARE AND V.I.A. SERVICES (AS DEFINED ABOVE) IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. EXCEPT FOR THE LIMITED WARRANTY ON MEDIA SET FORTH ABOVE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE VIZIO SOFTWARE AND V.I.A. SERVICES ARE PROVIDED "AS IS", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND VIZIO AND VIZIO'S THIRD PARTY PROVIDERS OF V.I.A. SERVICES AND THIRD PARTY LICENSORS (COLLECTIVELY REFERRED TO AS "VIZIO" FOR THE PURPOSES OF SECTIONS 10 AND 11) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE VIZIO SOFTWARE AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. VIZIO DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE VIZIO SOFTWARE OR V.I.A. SERVICES, THAT THE FUNCTIONS CONTAINED IN THE VIZIO SOFTWARE OR V.I.A. SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE VIZIO SOFTWARE OR V.I.A. SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE VIZIO SOFTWARE OR V.I.A. SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY VIZIO OR A VIZIO AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE V.I.A.\ZIO SOFTWARE OR V.I.A. SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

12. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL VIZIO BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE VIZIO SOFTWARE OR V.I.A. SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF VIZIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall VIZIO's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of twenty five dollars ($25.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

13. Export Control. You may not use or otherwise export or re-export the VIZIO Software except as authorized by United States law and the laws of the jurisdiction in which the VIZIO Software was obtained. In particular, but without limitation, the VIZIO Software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using the VIZIO Software, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons.

14. Controlling Law and Severability. This License Agreement will be governed by and construed in accordance with the laws of the State of California, as applied to agreements entered into and to be performed entirely within California between California residents. This License Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License Agreement shall continue in full force and effect.

15. Complete Agreement; Governing Language. This License Agreement constitutes the entire agreement between the parties with respect to the use of the VIZIO Software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter, with the exception of any additional terms and conditions you are required to accept if you choose to access V.I.A. Services which will govern your use of such V.I.A. Services. VIZIO may amend or modify this License Agreement by publishing new terms on VIZIO website. Any translation of this License Agreement is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License Agreement shall govern.

16. Your right to use the widget links to access V.I.A. Services is governed by the VIZIO Internet Applications (V.I.A.) Policy, all of which are incorporated herein by this reference. In the event of a conflict between this VIZIO Internet Applications (V.I.A.) Policy and the V.I.A. Software License Agreement, the V.I.A. Software License Agreement shall control. Your right to use the V.I.A. Services is also governed by VIZIO Privacy Policy, all of which terms are incorporated herein by this reference.

VIZIO may change the terms and conditions of the VIZIO Internet Applications (V.I.A.) Policy, VIZIO Privacy Policy and/or this V.I.A. Software License Agreement, at any time and without prior notice. Current versions of the foregoing are available on the Internet at: www.vizio.com. If you do not have Internet access, you should periodically contact our customer service department and we will mail you a current version, free of charge. If you do not agree to the changes, you must immediately cease use of the V.I.A. Services.

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