In order to access some features of the Sites and/or certain Services, you will have to create a registered member account with a login and password. You may never use another user’s account or share your account and password with any other user or entity. When creating your account, you agree that you will provide current, complete and accurate information, and you agree that you will update your account information as necessary to keep it current, complete and accurate. You are solely responsible for the activity that occurs on your account, and you are responsible for keeping your account password secure. You must notify VIZpin immediately of any breach of security or unauthorized use of your account by contacting us at Support@VIZpin.com. Although VIZpin will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses incurred by VIZpin or others due to such unauthorized use.
You agree that you will not use the Sites and Services offered through the Sites or otherwise: (i) to engage in, assist, abet or promote any unpermitted or criminal activity or enterprise, including without limitation, unauthorized entry, larceny, trespassing, mischief, threatening, burglary, harassment, stalking, copyright infringement, trademark infringement, patent infringement, or theft of trade secrets, (ii) to solicit personally identifying information for commercial or unlawful purposes, (iii) to advertise to, solicit, or sell to any person without their prior explicit consent, (iv) to harvest or collect personally identifiable information such as e-mail addresses, account names, passwords or other contact information of users, or (v) to use or launch any automated system, including without limitation, “robots,” or “spiders” that accesses the Site in a manner that sends more request messages to the VIZpin’s servers in a given period of time than humanly possible in the same period by using a web browser. In order to protect third parties and other users from such prohibited conduct, VIZpin reserves the right to restrict, in its sole discretion, communications which a user may send through the Sites.
VIZPIN’S INTELLECTUAL PROPERTY
The content of and on the Sites and Services, and the trademarks, service marks, and logos contained therein, if any, (“Marks”), are owned by or licensed to VIZpin, whether or not registered, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. You in no way will obtain any ownership interest or rights in the Sites or Services or Marks contained on the Sites. You may not use or display Marks in any manner without the prior written consent of VIZpin. VIZpin reserves all rights not expressly granted in and to the Sites and Services. You agree not to circumvent, disable or otherwise interfere with any security related features of the Sites or Services or other features that prevent or restrict use or copying of any content of the Sites or Services or enforce limitations on use of the Sites or Services.
DISCLAIMERS AND LIMITATIONS ON LIABILITY
VIZPIN DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS OR RELIABILITY OF THE SITE OR THE SERVICES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SITES AND ANY PARTICULAR PRODUCT OR SERVICE IS AT YOUR SOLE RISK. OUR SITES AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. VIZPIN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, FREEDOM FROM MALICIOUS CODE, AND NON-INFRINGEMENT AND NONINTERFERENCE WITH YOUR USE OF ALL OR ANY PART OF THE SITES.
VIZPIN MAKES NO WARRANTY (I) THAT THE SITES OR SERVICES WILL MEET YOUR REQUIREMENTS, (II) THAT ACCESS TO THE SITES OR SERVICES WILL BE UNINTERRUPTED, TIMELY, OR SECURE, OR (III) THAT THE QUALITY OF THE SITES OR ANY PRODUCTS REFERRED TO IN THE SITES OR ANY SERVICES WILL MEET YOUR (OR YOUR CUSTOMER’S) EXPECTATIONS.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES OR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING DAMAGE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VIZPIN OR THROUGH OR FROM THE SITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN TERMS OR OTHERWISE APPLICABLE PURSUANT TO YOUR PURCHASE OF VIZPIN PRODUCTS OR SERVICES.
VIZPIN IS NOT LIABLE FOR ANY SERVICE OR PRODUCT WARRANTIES NOT EXPRESSLY SET FORTH ON THE SITES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT VIZPIN SHALL NOT BE LIABLE FOR ANY DAMAGES WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR UNAUTHORIZED ACCESS TO YOUR PROPERTY, INABILITY TO ACCESS YOUR PROPERTY, OR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF VIZPIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER ARISING OUT OF OR IN CONNECTION WITH THE USE OR THE INABILITY TO USE THE SITES OR ANY PRODUCT OR SERVICE. IN ANY CASE, VIZPIN’S LIABILITY FOR ANY DAMAGES ALLEGED OR SUFFERED IN CONNECTION WITH THE SITES OR THE SERVICES WILL NOT EXCEED THE AGGREGATE AMOUNT PAID BY YOU TO VIZPIN FOR THE USE OF SERVICES OVER THE SIX (6) MONTHS PRIOR TO THE DATE OF DAMAGES. YOUR LEGAL RIGHTS WITH RESPECT TO THESE DISCLAIMERS AND WAIVERS MAY VARY FROM JURISDICTION TO JURISDICTION. WITHOUT INTENDING TO LIMIT THE FOREGOING, YOU MUST BRING ANY CLAIMS YOU MAY HAVE AGAINST VIZPIN WITHIN SIX (6) MONTHS OF THE DATE THE CLAIM AROSE OR BE FOREVER BARRED. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
You agree to indemnify, defend, release and hold VIZpin and its officers, directors, suppliers, service providers, co-branders or other partners, agents and employees, and those of its affiliates, harmless from all claims, demand, damages, fees and costs of any nature, including reasonable fees of attorneys and other professionals, due to or arising out of anything you submit, transmit through or upload to the Sites or in the course of using any Service or your violation of these Terms or any other terms and conditions governing your relationship with VIZpin or your violation of any law or your breach of any contract with any party or your act or omission constituting negligence or other tort. In the event you provide registration or other information that is untrue, inaccurate, fraudulent or out of date, you agree to indemnify VIZpin for and hold it harmless from and against any and all liability, damages, loss or expense (including reasonable fees of attorneys and other professionals) it may incur, including but not limited to loss of business profits, taxes, penalties or sanctions, interest, fees, costs and expenses of any nature arising from or related to any claim, demand, action or proceeding alleged or initiated against VIZpin by any third party based upon such information. These defense and indemnification obligations will survive these Terms and your use of the Sites or any Service.
VIZpin reserves the right, in its sole discretion, to revoke, terminate or suspend any and all privileges associated with accessing our Sites or using any Services for any reason or for no reason whatsoever including improper use of this Sites or failure to comply with these Terms, and to take any other action we deem appropriate.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by VIZpin without restriction.
Although the Sites and Services may be accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Sites or any particular Service are available to all persons or in all geographic locations, or are appropriate or available for use in your jurisdiction. VIZpin reserves the right to limit the provision and quantity of any feature, product, Service or other service to any person or geographic area in its sole discretion. Any offer for any feature, product, Service or other service made on the Sites or through any Service is void where prohibited. These Terms and any other agreements, whether or not referenced herein, constitute the entire agreement between you and VIZpin with regard to and shall govern all Services. Your activities and use of the Sites and Services supersede any prior agreements between you and VIZpin. You also may be subject to additional terms and conditions contained in invoices, purchase orders, terms and conditions of purchase/sale, shipping manifests, bills of lading or terms and contracts that may apply when you use affiliate services, third-party content or third-party software. These Terms, your use of the Sites or any Services and any other agreement with and the relationship between you and VIZpin shall be governed by the laws of the State of Pennsylvania without regard to choice of law provisions, nor shall the 1980 United Nations Convention on Contracts for the International Sale of Goods apply. You and VIZpin agree to submit to the personal and exclusive jurisdiction of the pertinent state or federal courts located within or with jurisdiction over the City of Lancaster, Pennsylvania, regardless of the fact that the Sites and Services may be accessible outside the United States. Notwithstanding the foregoing, VIZpin may seek equitable relief, including preliminary and permanent injunction, in any court of competent jurisdiction to prevent or enjoin misappropriation, misuse, unauthorized disclosure, or infringement of any intellectual property rights. The failure of VIZpin to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
Notices to you may be made via regular mail or electronic mail, or both. VIZpin may also provide notices of changes to these Terms or other matters by displaying notices or links to notices to you generally on the Sites. Notice or other correspondence to VIZpin should be sent prepaid, by certified mail, return receipt requested or overnight commercial courier to: VIZpin Inc., Attn: Paul Bodell, 355 East Liberty Street, Suite 210, Lancaster, PA 17602.
It is our intention to be conscious and respectful of the privacy and confidentiality of your business and personal information. When you visit our website, our website recognizes your domain name, but not your email address. We may ask you for basic information such as email address, company name, business address and phone number to help identify your product needs and respond to your requests. This information is kept safe and confidential.
If you subscribe to our VIZpin® service we will provide login credentials for administrating your accounts. You can then create additional accounts which require basic information like email addresses, phone numbers and addresses. We may use the information to let you know about product upgrades or new products and services however, if you do not want to receive these you can contact us Support@VIZpin.com to change your notification preferences.
We may also use the information to analyze how our websites are used so we can improve the user experience. If required by law or when we believe disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served on our website, we may disclose your personally identifiable information.
Thank You for choosing VIZpin.
December 20, 2018