Terms & Conditions of Use
1. Your Acceptance of These Terms
Welcome to Vizer Inc., (collectively, including all software, content and functionality available through any website operated by Vizer Inc. (“Vizer Website”).
These Terms & Conditions of Use (”Terms”) apply to Vizer Inc., ("Vizer," "We," "Us," or "Our") with respect to your ("Your," "You," or "User") rights and obligations in connection with your access and use of the Vizer domain, Vizer-related service domains and Vizer Website (collectively, “Service “ or "Services") or in connection with third party services. By accessing or using the Services, You acknowledge that You have read these Terms, and agree to be bound by the terms and conditions described herein.
B. Although We may attempt to notify You when major changes are made to these Terms, You should periodically review the most up-to-date version at the Vizer Website. Vizer may, in its sole discretion, modify or revise these Terms and policies at any time, and You agree to be bound by such modifications or revisions by Your continued use of the Vizer Website, with respect to the Terms in effect at the time of Your use and after You have the opportunity to review and accept the revised Terms. Nothing in this Agreement will be deemed to confer any third-party rights or benefits. Vizer retains ownership of the Vizer Website at all times.
C. Vizer may modify or update these Terms from time to time. Updates and modifications will be posted to the Vizer Website at http://www.joinvizer.com. If we make significant changes to these Terms, we may elect to inform registered Users by email, however We do not undertake to do so. Therefore, You agree to review these Terms on the Vizer Website from time to time to keep informed of any such modification or update. Upon such a modification or update to these Terms, by continuing to use the Vizer Website, You agree to be bound by such modification or update.
D. Vizer reserves the right to change or discontinue, or restrict or block access to, any aspect of the Vizer Website at any time. Although We generally intend for the Vizer Website to be available 24/7, it will not be available during maintenance, changes and outages and may not be available for other reasons.
E. Vizer cannot guarantee availability of the Vizer Website to any User.
F. The Vizer Website may contain rewards, incentives, coupons, and promotional offers (collectively, “Promotions”) distributed by partner companies that offer goods and/or discounted goods (“Providers”).
2. Licenses for Use of Vizer Website
A. Vizer grants You a non-exclusive, non-transferable, revocable license to do the following in accordance with these Terms (the “Licenses”):
(i) Access and browse the Vizer Website for Your personal use only; and
(ii) Download and install any Promotions distributed by Providers derived from Your personal use of the Vizer Website.
B. Vizer may terminate the Licenses granted under these Terms at any time in its absolute discretion with or without notice to You. If You breach any provision of these Terms, such Licenses shall automatically terminate. Where any of the Licenses are terminated, You agree to immediately cease using and accessing the Vizer Website.
3. Vizer Marketplace
A. The Vizer Website enables Providers to offer goods, services and other benefits to Users as Promotions, such functionality being the “Vizer Marketplace.”
B. Where You use the Vizer Marketplace to offer or redeem goods, services or other benefits, any such transaction is entered into directly between You and the legal entity making available the relevant goods, services or other benefits to You or redeeming such goods, services or other benefits from You, as applicable.Without limiting the effect of these Terms in any way, transactions taking place on the Vizer Marketplace are subject to the legal terms of the party offering the relevant goods, services or other benefits on the Vizer Marketplace (including as stated in the actual listing), and We and Our affiliates are not party to any such transactions.
C. You agree that Vizer is not responsible for any goods, services or other benefits offered by You or by any third-party Provider on the Vizer Marketplace. You agree that We have no control over and do not guarantee the quality, safety or legality of any goods, services or other benefits offered by Providers, the truth or accuracy of their offers, the ability of Providers to provide any goods, services or other benefits offered, or that a Provider will actually complete or perform a transaction. Except as otherwise expressly agreed with You, We and Our affiliates do not act as agent, contractor, partner or any form of representative of You or any other User of the Vizer Marketplace. Our operation of the Vizer Marketplace should not be taken as an endorsement (express or implied) of any goods, services or other benefits offered on it, nor of any User.
D. Vizer is entitled to alter the selection of goods, services and other benefits offered on the Vizer Marketplace, as well as to limit the number of possible redemptions of any good, service or other benefit by any User or group of Users in its absolute discretion. Where We wish to do this, We will notify You first and give You the opportunity to de-list the relevant goods, services or other benefits, if You do not agree.
E. You agree that We may remove any listing or offer on the Vizer Marketplace at any time in Our absolute discretion. All goods, services and other benefits listed on the Vizer Marketplace are offered subject to their availability (which may be limited where stated on the listing) and the applicable terms and conditions of the Provider listing the relevant offer, and may be withdrawn at any time before they are duly redeemed. Particular goods, services or benefits may be offered via the Vizer Marketplace only to specific categories of Users or to individually selected Users, where We agree in writing or make available the necessary functionality to facilitate this.
F. We welcome feedback on Vizer Marketplace participants. In the event that We determine, in Our absolute discretion, that any fraud has occurred or any Provider has breached these Terms or refused or failed to honor an offer of goods, services or any other benefit it has listed on the Vizer Marketplace that has been duly redeemed by a User and in accordance with any applicable Terms, We reserve the right in Our absolute discretion to (i) reallocate offers of goods, services or any other benefits to reimburse any aggrieved User where We deem this appropriate, and (ii) suspend or terminate the use of the Vizer Website by any User or Provider.
G. You agree that We and Our affiliates are not responsible to facilitate or offer returns, exchanges or refunds in connection with transactions on the Vizer Marketplace that We have not participated in.
H. We make no representation, warranty or undertaking that the offer, sale purchase, export, import or use of any goods, services or other benefits offered on the Vizer Marketplace is valid and legal under the laws that apply to You. You accept sole responsibility to ensure the legality of any offer, sale, purchase, export, import or use of any goods, services or other benefits that You list or redeem using the Vizer Marketplace.
I. As a form of Vizer Marketplace curation, Vizer may offer an option for the Users to report an offer and reserves a right after a review to de-list the offer from the Vizer Marketplace.
J. You understand and acknowledge that Vizer is not responsible for the availability, accuracy, and delivery of any goods, services or other benefits from Vizer distributors on behalf of Users. Vizer makes no guarantee and assumes no responsibility on behalf of its distributors regarding distribution.
4. Offer Page and Newsletter Promotions
A. From time to time We may offer certain Promotions to Users via the Vizer Website, through an Offer Page and/or a Newsletter. Promotions will have the duration and applicable terms communicated to User at the time such promotions are offered. Promotions may be redeemed as described in the specifics of the Offer Page and/or Newsletters and may be subject to additional or different terms. Unless We expressly communicate otherwise, Promotions are not transferable, may not be redeemed for cash and are void where prohibited. Vizer reserves the right, in its absolute discretion, to determine Your eligibility for a Promotion. To the extent of any conflict between any Promotions’ terms and these Terms, the Promotions’ terms will govern, but only to the extent of the conflict. Any Promotions made available on third party sites accessible from an Offer Page or Newsletter, in addition to being subject to the terms applicable to Your participation on the Offer Page or Newsletter, will also be subject to the terms applicable to Your participation on those third party sites.
B. Similar to the Vizer Marketplace, Providers may offer goods, services and other benefits (collectively, “Benefits”) to Users through Promotions on an Offer Page. The Terms applicable to the Vizer Marketplace are similarly applicable to any Vizer Offer Page. You agree that in addition to Your agreement with such Vizer Marketplace Terms, You also agree to these additional terms applicable to an Offer Page deriving from or associated with the Vizer Website (“Offer Page Terms”).
C. Offers are restricted to one Promotion per User. Duplicate claims or redemptions will be void and may constitute fraud. Theft, diversion, reproduction, transfer, sale or purchase of any offer is prohibited and constitutes fraud. All offers on an Offer Page will require a User email and/or phone number to be claimed to mitigate fraud. For exclusive offers, offer is valid only for intended recipient of the Promotion. All offers are limited, and can be changed or removed from an Offer Page at any time.
D. Benefits are only redeemable in the manner stated in a Promotion and in accordance with applicable terms, including these Offer Page Terms. All Benefits are available while supplies last and subject to availability. No substitutions or cash redemptions allowed. Any applicable taxes (if any) are the sole responsibility of the Benefits recipient.
E. All offers are digital use only, unless specifically noted that a paper version is available. All offers for an in-store Promotion redemption must be used on a mobile device unless a paper version is allowed for use. Offers for online Providers can be redeemed on desktop or mobile. At the time of claiming an Offer, You must select the Provider of Your choice. Once selected, this cannot be changed or updated. No exchanges or remedies will be made due to lack of inventory at Providers. Void outside of the 48 Contiguous United States and the
District of Columbia and where prohibited, expired or restricted by law.
F. By participating in any Promotion on an Offer Page or otherwise, You agree to release and hold harmless Vizer and its advertising and promotion agencies and their respective parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors (collectively, the “Released Parties”), from and against any liability, loss, claims or causes of action arising out of participation in any Promotion and/or receipt, use or misuse of any Benefit, including, but not limited to: (a) unauthorized human intervention in a Promotion; (b) technical, mechanical or printing errors; (c) the administration of the Promotion (including any errors) and/or processing fulfillment or redemption; (d) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Your participation in a Promotion or receipt or use of any Benefit; and/or (e) a Provider’s failure to redeem Benefits for whatever reason. You further agree that in no event shall the Released Parties be liable for attorney’s fees to the extent allowed by law. You waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
G. Any attempt by any person to undermine the legitimate operation of a Promotion on an Offer Page or otherwise may be a violation of criminal and civil law and should such an attempt be made, Vizer reserves the right to seek damages from any such person to the fullest extent permitted by law.
H. By subscribing to Our Newsletter You agree to receive email from Us. The aim of Our Newsletter is to keep You updated about new Promotions or new information about Our Providers. We cannot guarantee the accuracy and completeness of the information in Our Newsletter. We shall not be held accountable for any lack of accuracy, completeness, or actuality of the information provided in Our Newsletter. The subscription to Our Newsletter is not mandatory.
I. We reserve the sole right to either modify or discontinue the Newsletter, at any time with or without notice to You. We will not be liable to You or any third party should we exercise such right. We reserve the sole right to unsubscribe You from Our Newsletter service, without notice. We will do so with any subscriber We deem registered with false data. You also have the sole right to unsubscribe at any time and for any reason.
J. If Our Newsletter provides links to third-party websites, it does not imply that We endorse these websites or their products or services. We will not be held liable or accept any responsibility for the content, use, or availability of third-party websites that We share in Our Newsletter. The use of said links is at the User’s own risk. We cannot be held accountable or responsible for any information provided on
K. We will not communicate / spread / publish or otherwise give away Your email address. For emails and links included in the emails, We can collect open and clicked data statistics for tracking purposes; however, this does not contain any personal information. You'll be able to change Your subscription settings or to delete it altogether anytime.
5. User Age Restriction
A. You affirm that You are 18 years of age or older and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and to abide by and comply with these Terms. The Vizer Website are not intended for use by anyone under 18 years of age. If You are under 18 years of age, then please do not use the Vizer Website.
B. In the event that You intend to redeem goods, services, products or other benefits that contain alcohol, You affirm that You are at least 21 years of age or older, and are able to present proof of age upon redemption of such goods, services, products or other benefits.
C. You acknowledge and agree that a Provider that offers the sale of alcohol is required to determine that a patron is of adequate age under current California law to consume alcohol. You agree that You are able to and will provide appropriate and valid identifying documents that include Your name, a photograph, a physical description, Your date of birth, and issued by a governmental agency.
D. You acknowledge and agree that the provider of goods, services, products or other benefits that contain alcohol retains the discretion to determine whether a patron meets applicable standards of intoxication and the discretion to decide whether to serve them. Vizer is not responsible or liable for a provider’s independent decision not to serve alcohol to a User. Vizer is not responsible to refund or otherwise exchange any goods, services, products or other benefits containing alcohol, if the redemption is unsuccessful based on the provider’s
independent decision not to serve alcohol to a User.
6. Your Email and Responsibilities
A. You must provide all hardware and software required to use the Vizer Website, including but not limited to a computer with Internet access, a current Web browser with cookies enabled, and a valid e-mail address.
B. You must provide an email address to register on the Vizer Website. You agree that information You provide when using the Vizer Website is true and accurate, and that You will update this information promptly should it change. Failure to provide accurate information is a breach of these Terms. You are solely responsible for the activity that occurs in the course of Your use of the Vizer Website. You must notify Vizer immediately of any breach of security or unauthorized use. You agree that We may attribute to You all use that occurs in
connection with Your email address, and You will be legally bound by the transactions that occur under Your account even if the person using Your email address had no actual authority
C. You agree that Your use of the Vizer Website is at Your own risk. Although Vizer will not be liable for Your losses caused by any unauthorized use, You may be liable for the losses of Vizer or others due to such unauthorized use.
D. You agree that You will not use the Vizer Website to impersonate another individual. You may never use another's email address without permission.
E. You agree not to distribute in any medium any part of the Vizer Website without Vizer’s prior written authorization.
F. You agree not to alter or modify any part of the Vizer Website.
G. You agree not to access Vizer’s content through any technology or means other than the explicitly authorized means Vizer may designate.
H. You agree not to use the Vizer Website for any commercial use, without the prior written authorization of Vizer. Prohibited commercial uses include any of the following actions taken without Vizer’s express approval:
• sale of access to the Vizer Website or its related services on another website;
• use of the Vizer Website or its related services for the primary purpose of gaining advertising or subscription revenue;
• the sale of advertising, on the Vizer Website or any third-party website, targeted to Vizer content; and
• any use of the Vizer Website or its related services that Vizer finds, in its sole discretion, to use Vizer’s resources with the effect of competing with or displacing the market for Vizer.
I. You agree not to use or launch any automated system, such as "robots," "spiders," or "offline readers," that access the Vizer Website in a manner that sends numerous request messages to the Vizer servers in a given period of time. Notwithstanding the foregoing, Vizer grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Vizer reserves the right to revoke these exceptions either generally or in specific cases.
7. Velocity by Vizer – Use of SMS and Mobile Messaging
A. Velocity by Vizer is a Service We may provide through the Vizer Website at Our sole discretion. Velocity by Vizer connects Users to Promotions which are offered in connection with Our Providers through the Website and is facilitated in part by SMS messaging. Below is a hypothetical example of a Velocity by Vizer Promotion:
i. A Provider wishes to offer Users a $2 discount on the purchase of their new energy drink flavor to be redeemed at a major brick and mortar retail chain in the United States. In order to receive this Promotion, a User will provide their mobile phone number and authorize Us to communicate with them via SMS messaging through the Vizer Website. Upon receiving a valid phone number and opt-in confirmation (if required), the User will receive a link to access the Promotion. Participating Users may opt out of further SMS communications at any time.
B. You can cancel the SMS service at any time. Just text "STOP" to the short code from which you have been receiving Our messages. After you send the SMS message "STOP" to Us, We will send You an SMS message to confirm that You have been unsubscribed. After this, You will no longer receive SMS messages from Us. If You want to join again, simply sign up as You did the first time and We will start sending SMS messages to You again.
C. If You are experiencing issues with the messaging program You can reply with the keyword “HELP” for more assistance, or You can get help directly at firstname.lastname@example.org.
D. Carriers are not liable for delayed or undelivered messages. In addition, You acknowledge that We are not liable for messages sent or attempted to be sent by You but which are never received by Us.
E. As always, message and data rates may apply for any messages sent to You from Us and to Us from You. You will receive no more than three messages in connection with each Velocity by Vizer Promotion You Claim through the Vizer Website. If You choose to opt-in to receive SMS marketing and promotional messages, You will receive 1-3 messages per month. If You have any questions about Your text plan or data plan, it is best to contact Your wireless provider.
8. Vizer Website Acceptable Use
A. In Your use of the Vizer Website, You will otherwise comply with the terms and conditions as set forth in these Terms, and all applicable local, national, and international laws and regulations. You also agree that You shall not:
• Operate more than one Vizer account;
• Attempt to access any Service or area of the Vizer Website that You are not authorized to access;
• Copy, adapt, transmit, decompile, disassemble, modify, sell the Vizer Website or any content accessible on either, unless otherwise expressly permitted by these Terms or applicable law;
• Reverse engineer any aspect of the Vizer Website or do anything that might discover source code, or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Vizer Website (except as otherwise expressly permitted by law);
• Take any action which might impose a significant burden (as determined by Us) on Vizer Website infrastructure, or otherwise interfere with the ordinary operation or mission of the Vizer Website;
• Use the Vizer Website in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example by hacking into or inserting malicious code, including viruses, or harmful data, into the Vizer Website;
• Reproduce, frame, display or mirror the Vizer Website other than as a necessary consequence of their normal operation by You;
• Infringe Our intellectual property rights or those of any third party in relation to Your use of the Vizer Website;
• Transmit any material that is defamatory, explicit, offensive or otherwise objectionable on the Vizer Website;
• Use the Vizer Website in a way that could damage, disable, overburden, impair or compromise Vizer systems or security or interfere with other Users;
• Employ any technology that interferes in any way with the proper operation of the Vizer Website, including by blocking any advertising or promotions displayed thereon;
• Collect or harvest any information or data from the Vizer Website for any commercial purpose, unless Vizer expressly permits otherwise in writing; or
• Use the communication systems provided by the Vizer Website (e.g. comments, blog or email) for any solicitation purposes. You agree not to solicit, for commercial purposes, any Users of the Vizer Website.
If We discover any breach of this Section 8 by You, We may immediately suspend or terminate Your access to the Vizer Website violating this Section 8 and report You to the applicable regulatory agency.
9. Changes and Updates to the Vizer Website
A. Vizer reserves the right at any time, without liability of any kind, in its absolute discretion to: (i) change, suspend, restrict or disable Your access to the Vizer Website; and/or (ii) alter the functionality or contents of the Vizer Website with or without notice to You.
B. We may issue updates to the Vizer Website from time to time. Depending upon the nature of the update, You may not be able to continue to use the Vizer Website until such updates are complete.
10. Vizer Website Content and Marks
A. The content on the Vizer Website ("Content") and the common law trademarks, service marks and logos included on the Vizer Website ("Marks"), are owned by or licensed to Vizer, subject to copyright and other intellectual property rights. Content on the Vizer Website is provided to You “AS IS” for Your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Vizer reserves all rights not expressly granted in and to the Vizer Website, and the Content.
B. You may access the Content only as permitted under this Agreement. Vizer reserves all rights not expressly granted in and to the Content in the Vizer Website.
C. All intellectual property rights and other rights in or to the Vizer Website, and any Content, made available by or on behalf of Vizer and its licensors, belong to and remain at all times with Vizer and its licensors. Unless expressly set out in these Terms, You shall not obtain (i) any rights in or to Our intellectual property rights and other rights in or to the Vizer Website or any contents of either. “Vizer” is the trading name of Vizer and We hold registered and unregistered trade mark rights in respect of this name.
D. The Vizer Website are licensed and not sold under these Terms. The only rights granted to You in relation to the Vizer Website under these Terms are the Licenses described in Section 2 of these Terms and no transfer of ownership or right to access or use any source code related to the Vizer Website is granted by Us.
E. Where You submit any Content whatsoever to the Vizer Website, including without limitation any image, text, or data, You retain all intellectual property rights that You hold in such Content. You grant to Us a non-exclusive, worldwide, royalty-free, transferable, sub-licensable license to use, reproduce, publish, distribute, perform, adapt, amend, enhance and communicate such Content from time to time for any purpose relating to the Vizer Website and Our business from time to time.
F. Unless expressly permitted by Us in these Terms, You agree not to use, copy or distribute any of the Content, other than as expressly permitted by these Terms. The use, copying or distribution of the Content for commercial purposes is prohibited. You may not copy, distribute, alter, merge, modify, adapt or translate the Vizer Website. You may not modify the Vizer Website, or create derivative works based upon the Vizer Website. You may not sell, rent, lease, or sublicense the Vizer Website.
G. You agree not to circumvent, disable or otherwise interfere with security-related features of the Vizer Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Vizer Website or its Content, or attempt to place the Vizer Website’s systems under unreasonable load.
H. You may not access the Vizer Website to develop any software or other technology having the same primary function as the Vizer Website, including but not limited to using the Vizer Website in any development or test procedure that seeks to develop like software or other technology, or to determine if such software or other technology performs in a similar manner as the Vizer Website.
I. For Your convenience, Vizer may include in the Vizer Website links to other sites on the internet that are owned or operated by third parties (“Third Party Websites”). You also agree that Vizer has no control over the content of Third Party Websites and does not have any responsibility for any material available on such Third Party Websites nor for any use of or reliance on the contents of such Third Party Websites by You.
J. The Vizer Website may include content submitted by other Users of the Vizer Website (“Third Party Content”). You acknowledge that any use of or reliance on such content by You is entirely at Your own risk and We are not responsible for such Third-Party Content.
K. The fact that We may link to a Third-Party Website, or display Third Party Content, does not imply that We endorse the site or the products or services on such Third-Party Website or that We have reviewed, approved, or verified the Third-Party Content.
L. We welcome any feedback or suggestions for improvements relating to the Vizer Website and/or any related products and services offered by Us from time to time (“Feedback”). Where You provide Feedback to Us You agree that We and Our affiliates shall have a perpetual royalty free right to use such Feedback for such purposes as We see fit from time to time, including, without limitation, to create new, or enhance existing product promotion, and We shall not be required to compensate You financially for any such Feedback provided, regardless of how We or Our affiliates use this.
11. Termination Policy
A. Vizer may terminate Your current or future access to the Vizer Website if Vizer determines that You have breached these Terms (with all other rights of both parties and all other provisions of these Terms surviving any such termination).
B. You acknowledge and agree that in the event that Your account is terminated for breach of these Terms, You are not entitled to any refund or exchange.
12. Notice and Counter-notice for Infringement of the Rights of Others
A. Vizer does not condone copyright infringement on the Vizer Website and will remove allegedly infringing Content if properly notified of the infringement. Vizer reserves the right also to terminate a User's account, if the User is an infringer. If You are a copyright owner and believe that any Content infringes Your copyrighted work, You may submit a notification by providing Our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further information):
• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Vizer to locate the material;
• Information reasonably sufficient to permit Vizer to contact You, such as an address, telephone number, and, if available, an electronic mail;
• A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Vizer’s designated contact to receive notifications of claimed infringement is: Samantha Pantazopoulos. Any other feedback, comments, requests for technical support, and other communications should be directed to Vizer’s customer service at email@example.com.
B. Counter-Notice. If You believe that Your content was removed (or to which access was disabled) is not infringing, or that You have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content, You may send a counter-notice containing the following information to firstname.lastname@example.org:
• Your physical or electronic signature;
• Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
• A statement that You have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
• Your name, address, and telephone number, and a statement that You consent to the jurisdiction of the federal District Court for the judicial district in which Your address is located, and that You will accept service of process from the person who provided notification of the alleged infringement.
• If a counter-notice is received by Vizer, Vizer may send a copy of the counter-notice to the original complaining party informing that person that Vizer may replace the removed content or cease disabling it in ten (10) business days. Unless Vizer receives notice within fourteen (14) days that the copyright owner has filed an action seeking a court order against the content provider, member or User, the removed content may be replaced, or access to it restored, at Vizer’s sole discretion.
13. Warranty Disclaimers
A. YOU AGREE THAT YOUR USE OF THE VIZER WEBSITE WILL BE AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE” WITHOUT ANY REPRESENTATION, WARRANTY OR UNDERTAKING OF ANY KIND AS TO THE AVAILABILITY, PERFORMANCE, ACCURACY OR COMPLETENESS OF THE VIZER WEBSITE OR ITS CONTENTS. VIZER DOES NOT WARRANT OR UNDERTAKE THAT USE AND AVAILABILITY OF THE VIZER WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE TO THE FULLEST EXTENT PERMITTED BY LAW. NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IS MADE IN RELATION TO THE VIZER WEBSITE. IF THIS EXCLUSION DOES NOT APPLY UNDER APPLICABLE LAW THE LIABILITY OF VIZER IN RELATION TO ANY SUCH WARRANTY SHALL, IN SUCH CASE, BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY
NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE VIZER WEBSITE SHALL CREATE ANY WARRANTY.
B. VIZER MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE VIZER WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO VIZER AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE VIZER WEBSITE, (III) ANY UNAUTHORIZED
ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE VIZER WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE VIZER WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE VIZER WEBSITE.
VIZER DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY USER, PROVIDER OR OTHER THIRD PARTY THROUGH THE VIZER WEBSITE OR ANY HYPERLINKED WEBSITE FEATURED IN ANY BANNER OR OTHER ADVERTISING.
C. VIZER WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. IN PARTICULAR, VIZER MAKES NO GUARANTEE REGARDING THE AVAILABILITY OF ANY SERVICES PROVIDED BY THE PROVIDERS AND OTHER THIRD PARTIES WHO YOU INTERACT WITH THROUGH THE VIZER WEBSITE SERVICE. IN ADDITION, VIZER HAS NO CONTROL OVER OTHER CHARGES ASSESSED BY PROVIDERS WHO MAKE SERVICES AVAILABLE THROUGH VIZER. ANY DISPUTE YOU MAY HAVE REGARDING THE QUALITY, PERFORMANCE, AVAILABILITY, OR CHARGES ASSOCIATED WITH SERVICES PROVIDED BY THE PROVIDERS OR OTHER THIRD PARTIES SHOULD BE ADDRESSED TO THOSE PARTIES, NOT VIZER.
D. VIZER FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
14. Limitation of Liability
A. You hereby assume all risk and liability in connection with Your use of the Vizer Website.
B. IN NO EVENT WILL VIZER, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE
WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE VIZER WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE VIZER WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE VIZER WEBSITE BY
ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE VIZER WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT VIZER IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT DIRECT DAMAGES ARE LIMITED TO YOUR ACTUAL DAMAGES, OR THE TOTAL AMOUNT OF THE SERVICES BOOKED, WHICHEVER IS LESS. THE
FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT VIZER WILL NOT BE LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
C. The Vizer Website is controlled and offered by Vizer from its facilities in the United States of America. Vizer makes no representations that the Vizer Website is appropriate or available for use in other locations. Those who access or use the Vizer Website from other jurisdictions do so at their own volition and are responsible for compliance with local law. You acknowledge that information You submit may be transmitted to third party service providers who may process information in other jurisdictions and further acknowledge that such information may be transmitted to other jurisdictions with data protection laws that are different from those where You live.
A. You agree to defend, indemnify and hold harmless Vizer, and its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) Your use of and access to the Vizer Website; (ii) Your violation of any term of these Terms; or (iii) Your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive these Terms and Your use of the Vizer Website.
B. You hereby agree to indemnify Vizer and defend and hold harmless from and against any and all claims, demands, liabilities, costs, expenses, penalties, damages and losses, including, without limitation, attorney’s fees, resulting from third party claims, suits or actions with respect to a Provider’s offer of goods, services, products or other benefits arising out of Your use of the Vizer Website.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned in whole or part by Vizer without restriction.
A. For any dispute or claim You have with Vizer relating in any way to Your use of the Vizer Website, or to any products or services sold or distributed in relation to the Vizer Website, You agree to first contact Vizer and attempt to resolve the dispute with Us informally. In the unlikely event that Vizer has not been able to resolve a dispute within thirty (30) days, You agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms, or breach or alleged breach thereof (collectively, “Claims”), by binding arbitration. Unless You and Vizer decide otherwise, arbitration will be conducted in California. If Your claim is for $10,000 USD or less, Vizer agrees that You may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the arbitration rules. Each party will be responsible for paying any filing, administrative and arbitrator fees. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for experts and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this section or elsewhere in this Agreement shall prevent either party from seeking injunctive or equitable relief from the courts for matters related to intellectual property rights or unauthorized access to the Service.
B. To begin an arbitration proceeding, You must send a letter requesting arbitration and describing Your claim to our registered agent, A Registered Agent, Inc., at 8 The Green, STE A, Dover, Delaware, 19901. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Vizer will not seek attorney’s fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where You live or at another mutually agreed location.
C. You and We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, You and We each waive any right to a jury trial. You and We also both agree that You or We may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
D. TO THE EXTENT PERMITTED BY LAW, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS VIZER AGREES OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND VIZER ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
18. Governing Law
A. By using the Vizer Website, You agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of California, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between You and Vizer.
B. You agree that any claim or dispute between You and Vizer that arises in whole or in part from the Vizer Website will be decided exclusively by a court of competent jurisdiction located in or otherwise serving San Diego County, California.
A. We may assign or transfer Our rights and obligations under these Terms to a third party. You are not entitled to assign or otherwise transfer these Terms without Our prior written consent. Any attempt to do so without Our consent will be void.
Terms, which will remain in full force and effect. No waiver of any term of this these Terms will be deemed a further or continuing waiver of such term or any other term, and Vizer’s failure to assert any right or provision under these Terms will not constitute a waiver of such right or provision.
C. YOU AND VIZER AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE VIZER WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
D. We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by any act or event beyond Our reasonable control. If We fail to insist that You perform any of Your obligations under these Terms, or if We do not enforce Our rights against You, or if We delay in doing so, that will not mean that We have waived Our rights against You and will not mean that You do not have to comply with those obligations. If We do waive a default by You, We will only do so in writing,
and that will not mean that We will automatically waive any later default by You.
E. Each of the provisions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
F. You agree that no part of these Terms shall cease to be in effect if any other part is deemed unenforceable, or otherwise non-applicable.
G. Vizer shall not be liable for any delay in performance under the Agreement caused by any natural disaster, pandemic, epidemic, act of God, or by any other cause beyond its reasonable control.
20. Additional Notices
A. WE WILL NOT GIVE, SELL, OR OTHERWISE TRANSFER ADDRESSES MAINTAINED BY US TO ANY OTHER PARTY FOR THE PURPOSES OF INITIATING, OR ENABLING OTHERS TO INITIATE, ELECTRONIC MAIL MESSAGES EXCEPT AS AUTHORIZED AS APPROPRIATE BY OUR PERSONNEL OR POLICIES.
B. EXCEPT FOR PARTIES AUTHORIZED TO HAVE ADDRESSES MAINTAINED BY US, PERSONS MAY VIOLATE FEDERAL LAW IF THEY: (1) INITIATE THE TRANSMISSION TO OUR COMPUTERS OR DEVICES OF A COMMERCIAL ELECTRONIC MAIL MESSAGE (AS DEFINED IN THE U.S. "CAN-SPAM ACT OF 2003") THAT DOES NOT MEET THE MESSAGE TRANSMISSION REQUIREMENTS OF THAT ACT; OR (2) ASSIST IN THE ORIGINATION OF SUCH MESSAGES THROUGH THE PROVISION OF SELECTION OF ADDRESSES TO WHICH THE MESSAGES WILL BE TRANSMITTED.
Notice About Our Trademarks: Vizer is a common law trademark of Vizer, Inc. You may not use any of the trademarks displayed on the Vizer Website or any Content without the express written permission of Vizer. All rights are reserved.
Effective Date: 1/4/2024