Effective Date: February 27, 2017

Thank you for visiting http://www.thevisory.com/ (the “Site”), which is owned and operated by The Visory, Inc. (“The Visory”, “we”, “our” or “us”).  You should not use or access the Site until you have carefully read the terms and conditions in this Terms of Use agreement and The Visory’s Privacy Policy , which is incorporated herein by reference (collectively, the “Terms of Use”).  By using or accessing the Site in any way, you agree to the Terms of Use.  If you do not agree with the Terms of Use, you may not further use or access the Site. 

USE OF THE SITE

Subject to the Terms of Use and your compliance with the Terms of Use, The Visory grants you the right to access and use the Site, including all of its contents, such as text, images, audio and the HTML used to generate the pages (“Content”).  

PROPRIETARY RIGHTS

The Site and the Content are the property of The Visory or that of our suppliers or licensors and are protected by patent, trademark and/or copyright under United States and/or foreign laws.  Except as otherwise provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, prepare derivative works from, delete, add to, license, post, transmit, or distribute any Content in whole or in part for any public or commercial purpose without the specific written permission of The Visory.  The Visory hereby grants you a personal, non-exclusive, non-transferable license to access the Site and to use the information and services available on the Site solely for personal, internal and non-commercial purposes.  Except as otherwise provided herein, use of the Site does not grant you a license to any Content.  You hereby grant to The Visory a non-exclusive, perpetual, sublicenseable, irrevocable, worldwide, and royalty-free license to use any content you post on the Site for any purpose.  As between you and The Visory, The Visory is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on the Site, and is the copyright owner or licensee of the Content and/or information on the Site.  In particular, the The Visory logos and service names are trademarks of The Visory (the “The Visory Marks”).  Without The Visory’s prior permission, you agree not to display or use The Visory Marks in any manner.  Nothing on the Site should be construed to grant any license or right to use any The Visory Mark without the prior written consent of The Visory.  

PROHIBITED USES

You may only use the Site for lawful purposes.  You are responsible for your own communications and are responsible for the consequences of submitting information on or through the Site.  You agree not to use the Site to collect, upload, transmit, display or distribute any content or material that The Visory determines, in its sole discretion:

  • Violates any third party’s rights, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity or any other intellectual property or proprietary rights;
  • Is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred or physical harm of any kind against any group or individual or is otherwise objectionable;
  • Is harmful to minors in any way; or
  • Is in violation of any law, regulation, obligation or other similar restrictions imposed by any third party.

In addition, you agree not to:

  • Transmit any computer viruses or any software intended to damage or alter a computer system or data through the Site;
  • Interfere with, disrupt or create an undue burden on The Visory’s servers or networks;
  • Attempt to interfere with the function of the Site, host or network, including, without limitation, via means of a virus, overloading by means of a DDoS attack, “flooding”, “mailbombing”, “crashing” or sending unsolicited e-mail, including promotions and/or advertising of products or services;
  • Attempt to gain unauthorized access to the Site (or to other computer systems or networks connected to or used together with the Site), whether through password mining or any other means; or
  • Sublicense, resell, rent, lease, transfer or assign any Content

You shall promptly notify The Visory in accordance with the Contact Information provision of the Terms of Use if you learn of any security breach related to the Site or misuse of the Content.

Violations of the Site’s or The Visory’s systems or network security may result in civil or criminal liability.

THIRD PARTY WEBSITES

The Site may link to or integrate with other websites operated by third parties, and such other websites may link to this website.  The Visory has no control over any such other websites or their content and will have no liability arising out of or related to such websites or their content.  The existence of any such link does not constitute an endorsement of such websites, the content of the websites or the operators of the websites.  The Visory is providing these links to you only as a convenience.  You release and hold The Visory harmless from any and all liability arising from your use of any third party website or service.

DISCLAIMER OF WARRANTIES

THE SITE AND THE CONTENT ARE PROVIDED “AS IS.”  NEITHER THE VISORY NOR ANY OF ITS AFFILIATES IS PROVIDING ANY WARRANTIES AND REPRESENTATIONS REGARDING THE SITE OR THE CONTENT.  THE VISORY AND ITS AFFILIATES DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE SITE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, OR FITNESS FOR A PARTICULAR PURPOSE.  THE VISORY AND ITS AFFILIATES DO NOT WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE INFORMATION AND MATERIALS CONTAINED ON THE SITE AND EXPRESSLY DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS IN THE SITE AND THE CONTENT.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, WILL THE VISORY OR ITS AFFILIATES BE LIABLE TO YOU OR ANY OTHER PERSON FOR (I) ANY AMOUNT IN EXCESS OF $100 OR (II) ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, REGARDLESS OF WHETHER THE VISORY OR ITS AFFILIATES HAVE BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING.

INDEMNIFICATION

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD THE VISORY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND AFFILIATES HARMLESS FROM ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, COSTS AND EXPENSES, INCLUDING ATTORNEYS’ FEES, IN ANY WAY ARISING FROM, RELATED TO OR IN CONNECTION WITH YOUR USE OF THE SITE OR YOUR VIOLATION OF THESE TERMS OF USE.

PRIVACY POLICY

In the course of your use of the Site, you may be asked to provide certain information to us.  The Visory’s collection and use of any information you provide via the Site shall be governed by The Visory’s Privacy Policy available at http://www.thevisory.com/privacy.  

CHANGES TO TERMS OF USE

The Visory may modify the Site and/or the Terms of Use from time to time without notice to you.  If The Visory makes material changes to the Terms of Use, The Visory will post the revised Terms of Use on the Site.  You should check the Site and the Terms of Use periodically for such modifications.  If you use the Site after any changes to the Terms of Use have been posted, you agree to be bound by the Terms of Use as modified. 

GENERAL INFORMATION

The Site is operated and controlled by The Visory in the United States.  If it is illegal or prohibited in your country of origin to access or use the Site, then you should not do so.  Those who choose to access the Site outside the United States of America access it on their own initiative and are responsible for compliance with all local laws and regulations.  The Terms of Use, and any disputes relating to the Terms of Use or your use of the Site or the Content, shall be governed in all respects by the laws of the State of California, without regard to conflicts of laws principles.  Except as otherwise agreed in writing by The Visory, any disputes relating to the Terms of Use shall be resolved exclusively in the state or federal courts located in Santa Clara County, California.  The Terms of Use set forth the entire agreement between you and The Visory with respect to the subject matter hereof and supersede all prior agreements relating to such subject matter.  The Visory’s rights under the Terms of Use may be waived by The Visory only in writing.  The Terms of Use are binding on you as well as your successors and permitted assigns.  In the event any provision of the Terms of Use is determined to be invalid or unenforceable, such provision shall be deemed severed from the remainder of the Terms of Use and replaced with a valid and enforceable provision as similar in intent as reasonably possible to the provision so severed, and shall not cause the invalidity or unenforceability of the remainder of the Terms of Use.

CONTACT INFORMATION

We encourage you to contact us if you have questions or comments about this Privacy Policy or our privacy practices.  Please address comments or questions to us via email at connect@thevisory.com.