Vizsafe Terms of Service

terms of service

VIZSAFE APPLICATION TERMS OF SERVICE

PLEASE READ THESE TERMS AND CONDITIONS OF USE (“TERMS”) CAREFULLY. BY ACCESSING THIS WEBSITE AND/OR APPLICATIONS AND ANY PAGES OR MATERIALS CONTAINED IN THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS SET FORTH BELOW. IF YOU DO NOT AGREE TO ALL OF THE TERMS SET FORTH BELOW, PLEASE DO NOT ACCESS THIS WEBSITE, OR ANY ASSOCIATED PAGES OR MATERIALS.

The Vizsafe and Geoaware® applications (“App”, “Website” , “Site" , "Geoaware Network" , "Geoaware Command" , "Geoaware Access" , “Services” or “VIZSAFE.com”) are owned and operated by Vizsafe, Inc.. (“VIZSAFE”). The pages and materials contained on this Site are the property of VIZSAFE. VIZSAFE reserves the right at its sole discretion to change, modify, add, or remove any portion of this Site or these Terms, in whole or in part, at any time and for any reason. Changes to these Terms will be effective when posted. You agree to review these Terms periodically to be aware of any changes. Your continued use of this Site after any changes to the Terms will be considered acceptance of those changes. These Terms govern your use of this Site. In the event that you do not comply with these Terms, VIZSAFE may, at its sole discretion and without notice, block or restrict your access to this Site and/or pursue legal action against you for any alleged or actual violation of these Terms or governing law.

WARNING - NOT FOR MEDICAL USE

The Vizsafe Geoaware® Access Kiosk and Apps (the "Kiosk" or "App") are not intended to diagnose, mitigate, prevent, or treat any medical condition. Measurements and any data provided by the App is intended for informational purposes ONLY and should never be considered a replacement for professional medical care. The App has not been tested with individuals with health conditions and, if knowing the information measured by the App is critical to your health, you should consult a healthcare professional. The App has not been reviewed or approved by the U.S. Food and Drug Administration (FDA).

By using the VIZSAFE application you understand and agree to these terms.

BASIC TERMS

You are responsible for your use of the Services, for any Content you post to the Services, and for any consequences thereof. The Content you submit, post, or display will be able to be viewed by other authorized users of the Services licensed by the company who granted you access as a user. You should only provide Content that you are comfortable sharing with others under these Terms.

If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.

The Services that VIZSAFE provides are always evolving and the form and nature of the Services that VIZSAFE provides may change from time to time without prior notice to you. In addition, VIZSAFE may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.

The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by VIZSAFE on the Services are subject to change. In consideration for VIZSAFE granting you access to and use of the Services, you agree that VIZSAFE and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.

INDEMNITY AND LIMITATIONS OF DAMAGES

IN NO EVENT SHALL VIZSAFE OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, SUBSIDIARIES, OR EMPLOYEES BE LIABLE TO ANY ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS, AND FUNCTIONS OF THE SITE OR ANY LINKED WEBSITE, EVEN IF VIZSAFE IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

PERMITTED USE

Any person is hereby authorized to view the information available on the Site for informational purposes only. However, the text and images resident on this Site may not otherwise be copied, modified, distributed, reproduced or reused without the express written permission of VIZSAFE. VIZSAFE reviews each request on a case by case basis.

Please direct any inquiries related to use of the materials on this site to:
Vizsafe, Inc.
513 Broadway, Suite 214
Newport, RI 02840 USA

Please provide a cover letter explaining your proposed use.

LINKING TO THE SITE

LINKING TO THE VIZSAFE.COM SITE INDICATES THAT YOU ACCEPT VIZSAFE’S TERMS OF USE AND LEGAL RESTRICTIONS AND THAT YOU WILL ABIDE BY THE GUIDELINES BELOW. IF YOU DO NOT ACCEPT THESE TERMS AND AGREE TO ABIDE BY THESE GUIDELINES, DO NOT LINK TO THIS SITE.
If you link to VIZSAFE‘s Site, you agree that you:

Will not replicate any VIZSAFE Site content;
Will not frame or otherwise create a browser or border environment around VIZSAFE Site content;
Will not imply that VIZSAFE is endorsing you, your company or business, your web site or its contents, your products, or your services;
Will not misrepresent your or your website’s relationship with VIZSAFE;
Will not present false, misleading or inaccurate information about VIZSAFE, VIZSAFE‘s products or services, or any of VIZSAFE‘s affiliates or their products or services;
Will not disparage VIZSAFE, VIZSAFE‘s products or services, or any of VIZSAFE‘s affiliates or their products or services;
Will not use VIZSAFE‘s trademarks, logos, or copyrighted materials without first receiving express prior written permission from VIZSAFE.
Will not include content on your site that is or could be construed as illegal, distasteful, offensive, or controversial and will include on your site only content that is appropriate for all age groups;
Will not link to an internal page of this Site that is located one or several levels down from the home page or bring up or present content of this site on another site without VIZSAFE‘s prior written permission.

LIMITED LICENSE

VIZSAFE grants you a non-exclusive, non-transferable, limited right to access, use and display this Site and the materials thereon; provided, however, that you comply with these Terms. [see PERMITTED USE] You agree not to disrupt, interrupt or attempt to interrupt the operation of the site in any way. You agree not to change or delete any proprietary notice from materials downloaded from the Site. You agree to comply with all trademark, copyright and other laws worldwide in your use of this Site and to prevent any unauthorized copying of the materials and information contained on this Site. Except as expressly provided herein, VIZSAFE does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information. [see INTELLECTUAL PROPERTY]

DISCLAIMER

WARNING - NOT FOR MEDICAL USE

The Vizsafe Geoaware® Apps are not intended to diagnose, mitigate, prevent, or treat any medical condition. Measurements and any data provided by the App is intended for informational purposes ONLY and should never be considered a replacement for professional medical care. The App has not been tested with individuals with health conditions and, if knowing the information measured by the app is critical to your health, you should consult a healthcare professional. The Vizsafe Geoaware® Apps have not been reviewed or approved by the U.S. Food and Drug Administration (FDA).

VIZSAFE CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THIS SITE WILL BE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA AND OUTPUT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE.

THE MATERIALS AND INFORMATION CONTAINED ON THIS SITE MAY CONTAIN TECHNICAL INACCURACIES AND/OR TYPOGRAPHICAL ERRORS. VIZSAFE DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. VIZSAFE RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. VIZSAFE MAY MAKE ANY OTHER CHANGES TO THE SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE.

THIS SITE AND THE INFORMATION AND MATERIALS ON THE SITE ARE PROVIDED “AS IS” AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS WHATSOEVER INCLUDING, WITHOUT LIMITATION WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE WITH REGARD TO THE SITE, ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH THE SITE AND VIZSAFE SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

THIRD PARTY SITES

Now or in the future links on this Site may cause you to leave the VIZSAFE Site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. VIZSAFE does not control the linked sites and is not responsible for their contents. These links are provided to you for your convenience and the inclusion of the link does not imply endorsement of the site by VIZSAFE. VIZSAFE makes no warranty or representation regarding any linked sites or the information appearing thereon or any of the products or services described thereon. Links do not imply that VIZSAFE is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of VIZSAFE or any of its affiliates or subsidiaries.

GOVERNING LAW

This Site is operated and administered from within the United States of America (“U.S.”). Use of this Site shall be governed by all applicable Federal laws of the U.S. and the laws of the State of Rhode Island, without giving effect to its conflict of laws provisions. You agree to submit to the jurisdiction of the courts located in the State of Rhode Island, for the resolution of all disputes arising from or related to these Terms and/or your use of the Site.

ENTIRE AGREEMENT

Together with the agreement in place between the company who granted you access as a user and VIZSAFE, these Terms constitute the entire agreement between VIZSAFE and you (the “Agreement”) with respect to your use of the Site. Any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Terms, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.

INTELLECTUAL PROPERTY

The trademarks, trade names, logos, service marks, trade dress and products (collectively the “Trademarks”) displayed on the Site are registered and unregistered Trademarks of VIZSAFE and others. The trademarks, trade names, logos, service marks, trade dress and products in this Site are protected in the United States and internationally.

Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of VIZSAFE or such third party that may own the Trademarks displayed on the Site. Your use of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms, is strictly prohibited. You are also advised that VIZSAFE will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

The materials of this Site are protected by Copyright and Trademark Laws of the U.S. and other countries and are owned by, or licensed to VIZSAFE. All content of this Site is owned or controlled by VIZSAFE. You may download content only for your personal use for non-commercial purposes but no modification or further reproduction of the content is permitted. The contents of the Site, including any images, text, executable code, and layout design may not be distributed, reproduced, publicly displayed, downloaded, modified, reused, re-posted, or otherwise used except as provided herein without the express prior written permission of the VIZSAFE Legal Department.

VIZSAFE maintains this Site for your personal information, education, and communication. Please feel free to browse the Site. You may download material displayed on the Site for personal, noncommercial use only provided you also retain all copyright and other proprietary notices contained on the materials. You may not, for any reason, distribute, modify, duplicate, transmit, reuse, re-post, or use the content of the Site for public or commercial purposes, including the text, images, audio, and video without VIZSAFE’S prior written consent. [See PERMISSION]

Copyright in the pages of this website and in the screens displaying the pages, and in the material contained therein and in their arrangement, is owned by Vizsafe, Inc. (“VIZSAFE”), and/or its affiliates, unless otherwise indicated. In addition, the materials contained on this web site may be VIZSAFE Proprietary and/or Trade Secret information and may not be copied, compiled, or distributed without the prior written consent of VIZSAFE.

TRADEMARKS

VIZSAFE, the VIZSAFE logos, GEOAWARE, FANSOURCE, and DOING WELL BY DOING GOOD are registered trademarks of VIZSAFE, INC..
All other trademarks are the property of their respective owners.

Updated June 14, 2021