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TERMS OF SERVICE
IMPORTANT! THESE TERMS AND CONDITIONS (THESE "TERMS
AND CONDITIONS") GOVERN THE USE OF THE VISITUSAT.COM WEBSITE (THE "WEB
SITE") BY YOU AND YOUR EMPLOYEES AND AGENTS (COLLECTIVELY REFERRED TO
AS "YOU"). BY USING THE WEB SITE, YOU AGREE TO ALL OF THE PROVISIONS
CONTAINED OR REFERRED TO IN THESE TERMS AND CONDITIONS. VISITUSAT.COM
(THE "COMPANY") RESERVES THE RIGHT TO CHANGE THESE TERMS AND
CONDITIONS AT ANY TIME IN ITS SOLE DISCRETION. YOUR USE OF THE WEB
SITE AFTER SUCH CHANGES ARE POSTED TO THE WEB SITE CONSTITUTES YOUR
ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THESE TERMS AND CONDITIONS
REGULARLY
1. Scope. These Terms and Conditions govern Your use
of the Web site. These Terms and Conditions, however, do not apply to
the Company's products or services, which are the subject of separate
agreements.
2. Permitted Use. You have a nonexclusive,
nontransferable, limited, revocable right to use the Web site solely
for Your informational use in evaluating the Company and its products
and services. You may not use the Web site for any other purpose
without the Company’s express prior written consent, including,
without limitation, any commercial purpose. For example, You may not
and may not authorize any other person or entity (“Person”) to (i)
frame the Web site or any portion thereof (whereby the Web site or a
portion thereof will appear on a user’s screen with a portion of
another web site, or with content or advertising of any Person without
the Company’s consent), or (ii) Co-brand the Web site or any portion
thereof. "Co-branding" means the display of a name, logo, trademark,
or other means of attribution or identification of any Person in such
a manner reasonably likely to give a user of the Web site the
impression that such the Person is associated or affiliated with the
Company, or has the right to display, publish, transmit or distribute
the Website or content accessible within the Web site. In addition,
You may not and may not authorize any Person to link to any part of
the Web site without the Company’s prior written consent. You agree to
cooperate with the Company in causing any unauthorized framing,
Co-branding, linking or similar activity to immediately cease. You may
not take any action that violates our acceptable use policy.
3. You acknowledge and agree that as between the
Company and You, the Company is the owner of all right, title and
interest in the Web site and all content accessible within the Web
site (the "Content"), including, without limitation, all trademarks,
service marks, trade names, patent rights, copyrights, and other
intellectual property or proprietary rights with respect thereto. You
will not reproduce, transmit, publish or distribute sublicense or
otherwise transfer or make available to others, or edit, modify or
create any derivative works of all or any part of the Web site or the
Content, without the express written consent of the Company, other
than limited printed copies of materials that you may need for Your
own use and that contains all of the Company’s copyright and other
notices. Without limiting the generality of the foregoing, You will
not use any systematic retrieval process including without limitation,
scrapers, robots, or bots, to collect, create, or compile Content or
other data from the Company Web site.
4. Disclaimer. You will have access to a variety of
third party sources of content through the use of the Web site and the
Internet. The Company has made no effort to verify the accuracy or
suitability of any information contained in any such sources,
including, without limitation, any other website that you can link to
from the Web site. Accordingly, the Company has no liability or
responsibility whatsoever for any content provided by any other Person
contained on or obtained through the Web site. You acknowledge and
agree that any access, use or reliance on any such third party content
is at Your own risk. You understand that, except for information,
products or services clearly identified as being supplied by the
Company, the Company does not operate, control or endorse any
information, products or services of any other Person on the Web site
or the Internet in any way. You also understand and agree that the
Company does not guarantee or warrant that files available for
downloading from the Web site or through the Internet will be free of
infection or viruses, worms, Trojan horses or other malicious code
that may adversely effect You, Your computer or computer systems or
Your data or files. In addition, You are responsible for implementing
sufficient procedures and checkpoints to satisfy Your particular
requirements for accuracy of data input and output, and for
maintaining a means external to the Website for the reconstruction of
any lost data.
ACCESS TO AND YOUR USE OF THE WEB SITE AND ANY
INFORMATION OR SERVICES CONTAINED THEREIN ARE PROVIDED “AS IS.” THE
COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, NATURE OR
DESCRIPTION EXPRESS, IMPLIED OR STATUTORY WITH RESPECT TO YOUR USE OF
THE WEB SITE OR THE CONTENT CONTAINED THEREIN, INCLUDING, WITHOUT
LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OR NON-INFRINGEMENT, OR ARISING THROUGH COURSE OF
DEALING, USAGE OR TRADE PRACTICES, AND THE COMPANY HEREBY DISCLAIMS
THE SAME.
5. Privacy Policy. The Company collects, stores and
uses data collected from You in accordance with the Company’s privacy
policy.
6. Limitation on Liability.
THE COMPANY, ITS LICENSORS, SERVICE PROVIDERS, CONTENT
PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS, WILL NOT BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL
DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR
INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS OR SIMILAR DAMAGES,
EVEN IF SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND
ITS LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES,
AGENTS, OFFICERS AND DIRECTORS TO YOU OR ANY OTHER PERSON (REGARDLESS
OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER
LEGAL THEORY, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT
LIABILITY) EXCEED THE AMOUNT, IF ANY, YOU HAVE PAID TO THE COMPANY TO
USE THE WEB SITE AS PROVIDED IN THESE TERMS AND CONDITIONS FOR THE
APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.
7. Indemnity. You will indemnify and hold the Company,
its licensors, content providers, service providers, employees,
agents, officers, directors and contractors (the "Indemnified
Parties") harmless from Your breach of any of these Terms And
Conditions or any other terms, conditions, policies or procedures
contained on the Web site, including, without limitation, any use of
Content other than as expressly authorized in these Terms and
Conditions. You agree that the Indemnified Parties will have no
liability in connection with any such breach or unauthorized use, and
You agree to indemnify and hold harmless the Indemnified Parties from
any and all resulting loss, damages, judgments, awards, costs,
expenses, and attorneys’ fees in connection therewith. You will also
indemnify and hold the Indemnified Parties harmless from and against
any claims brought by third parties arising out of Your use of the
information accessed from the Web site.
8. Trademarks. VisitUsAt.com® is a registered
trademark, and the VisitUsAt.com logo and other VisitUsAt.com marks
appearing on the Web Site are either registered or unregistered
trademarks of the Company. Other trademarks, service marks and logos
appearing in this Web site are the property of either the Company, its
content providers or other third parties. The Company, its content
providers and such third parties retain all rights with respect to any
of their respective trademarks, service marks or logos.
9. Web Hosting and Service Offerings and Pricing. Web
Hosting and Service Offerings and Pricing are guaranteed only for the
period of enrollment (monthly, annually or biannually) and are subject
to change. Current offerings and pricing are always available on our
website and constitute notice of change.
10. Miscellaneous.
a. Headings. The headings of sections of these Terms
and Conditions are for ease of reference only and shall not be
admissible in any action to alter, modify or interpret the contents
of any section hereof.
b. Governing Law and Jurisdiction. The validity and effect of these
Terms and Conditions shall be governed by and construed and enforced
in accordance with the laws of the State of Nevada. The parties
expressly disclaim application of the United Nations Convention on
Contracts for the International Sale of Goods.
ANY SUIT, ACTION OR PROCEEDING CONCERNING THE WEB
SITE, ITS USE, THESE TERMS AND CONDITIONS, OR CONCERNING ANY OTHER
POLICY OR PROCEDURE OF THE COMPANY REGARDING USE OF THE WEBSITE,
MUST BE BROUGHT IN A STATE OR FEDERAL COURT LOCATED IN WASHOE
COUNTY, NEVADA, AND YOU HEREBY IRREVOCABLY CONSENT TO THE
JURISDICTION OF SUCH COURTS (AND OF THE APPROPRIATE APPELLATE COURTS
THEREFROM) IN ANY SUCH SUIT, ACTION OR PROCEEDING; AND YOU
IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE
LAW, ANY OBJECTION WHICH YOU MAY NOW OR HEREAFTER HAVE TO THE LAYING
OF THE VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING IN ANY SUCH
COURT OR THAT ANY SUCH SUIT, ACTION OR PROCEEDING WHICH IS BROUGHT
IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.
c. Entire Agreement; Amendments. These Terms and
Conditions, together with the Acceptable Use Policy and the Privacy
Policy, supersede any prior discussions, negotiations and agreements
between the parties with respect to the subject matter hereof, and
these Terms and Conditions, together with the Acceptable Use Policy
and the Privacy Policy, constitute the sole and entire agreement
between the parties with respect to the matters covered hereby.
d. Severability. The provisions of these Terms and Conditions may be
exercised and are applicable and binding only to the extent that
they do not violate any applicable laws and are intended to be
limited to the extent necessary so that they will not render these
Terms and Conditions illegal, invalid or unenforceable. If any
provision or portion of any provision of these Terms and Conditions
are held to be illegal, invalid or unenforceable by a court of
competent jurisdiction, the remaining provisions or portions thereof
shall apply with respect to the subject matter hereof, and all such
remaining provisions or portions thereof shall remain in full force
and effect.
e. Waiver. No failure or delay on the part of the Company to
exercise any right or remedy hereunder shall operate as a waiver
thereof, nor shall any single or partial exercise of any right or
remedy by the Company preclude any other or further exercise thereof
or the exercise of any other right or remedy. No express waiver or
assent by the Company to any breach of or default in any of these
Terms and Conditions shall constitute a waiver of or an assent to
any succeeding breach of or default in the same or any other term or
condition hereof.
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