General Terms of Use
eHappyLife, LLC DBA VizMarket, a Florida LLC and owner of the VizMarket mobile applications, VizMarket.com, and other VizMarket Products and services (herein after referred to as "Site", "we", "us" "our", "VizMarket", the "Website" )
Welcome to the VizMarket Website located at www.VizMarket.com. It is important to us that you, and all of our visitors, have the best possible experience while using VizMarket and you are fully aware of our respective rights and obligations. For that reason, we have created these General Terms of Use as the legally binding terms that will govern your use of VizMarket.
By visiting VizMarket, you agree to abide by these General Terms of Use. If you do not wish to be bound by these General Terms of Use, you may not use the Website and must immediately cease use of VizMarket. Please read these General Terms of Use carefully.
Usage Regulations: The Website is made available for general users on VizMarket mobile devices. You may not sell, re-publish, or re-distribute the Content and Format (as defined under Copyrights and Trademarks below) from the Website. All such uses are strictly prohibited without our express prior written consent, and such consent may be given or withheld in our discretion. The Website may contain other proprietary notices and limitations, the terms of which must be observed and followed. We reserve the right to suspend or terminate access to the Website by anyone who violates these General Terms of Use or any applicable law or whose conduct is harmful to our Public Viewers, the interests of VizMarket, the data on VizMarket or Third Parties. We may take steps to prohibit access and/or use without prior notice to any such user.
No Warranties: The Information while deemed to be correct and accurate is provided with all faults on an "AS AVAILABLE" and "AS IS" basis. VizMarket and its licensors disclaim all warranties, whether express or implied, including any warranties the Information is free of defects. The Information may include inaccuracies or errors and you are using of the Information solely at your own risk.
Limitation of Liability: Under no circumstances shall VizMarket or its licensees be liable for any damage that results from the use or reliance on the Information provided by VizMarket.
Proprietary Rights: You acknowledge and agree that the software, mobile applications, website and Information offered by VizMarket are protected by copyright, trademark, trade secret, and other proprietary rights and laws. Third parties' Information that appears in conjunction with VizMarket owns the copyright in the Information original to them. The look and feel of this Website, including color combinations, layout and other graphical elements are owned by VizMarket. No portion of the Information or the data contained in the Information may be reproduced in whole or in part unless expressly authorized by VizMarket in writing.
The VizMarket name and logo, and all related product and service names, design marks and slogans are the trademarks or registered trademarks of VizMarket. All other product and service marks contained herein are the trademarks of their respective owners. You may not use any VizMarket or third party trademarks or logos without the prior written consent of VizMarket or the applicable trademark owner.
Third-Party Content and Links: The Website includes hyperlinks that will take you out of the Site to the website of Third Parties. Links to websites of Third Parties may be included in advertisements for services of Third Parties, or they may be accompanied by descriptions of services of Third Parties. All links to websites of Third Parties are provided for your convenience only. Neither VizMarket nor Affiliates control the content or operation of any linked websites of Third Parties, and we disclaim any responsibility for any product, service or information provided on any linked website. Neither the publication of content, announcements or advertisements of Third Parties on the Site nor links to websites of Third Parties constitutes an endorsement of Third Parties or their products or services by VizMarket, or their respective employees or agents.
Disclaimer of Advice: The Content on this Website is provided for informational purposes only and is not intended to be a substitute for professional or safety advice. At any time you have questions regarding a specific situation, you should seek the advice of a professional. Reliance upon any opinion or advice provided on the Website is at your own risk. Neither VizMarket, nor any of their employees assume liability or responsibility for damage or injury to person or property arising from any use of any product, service, information or instruction contained on this Website.
Copyright and Trademarks: All content on the Site, including text, graphics, logos, button icons, images, video clips and audio clips (collectively "Content"), the compilation of the Content (meaning its collection, arrangement and assembly) and all software used on or in the Site are the property of VizMarket, or Third Parties that have licensed Content and software for use on the Site. All Content and software are protected by U.S. and international copyright laws. All Content and other copyrightable material may be used only as provided in these General Terms of Use. The names, trademarks, service marks and logos (collectively, "Trademarks") used and displayed on the Website including, but not limited to, VizMarket are registered or unregistered trademarks of VizMarket, and no license is granted for any further use.
Linking and Framing: Without the prior written permission of VizMarket, you may not frame, or make it appear that the VizMarket Website or the website of Third Parties is presenting or endorsing, any of the Content of the Website, or incorporate any intellectual property of VizMarket or any of their licensors into another website or other service.
VizMarket's provides community and social media links as a convenience, and you are granting to VizMarket, a non-exclusive, perpetual, royalty-free, fully paid up, irrevocable, unrestricted, worldwide license to display, use, copy, distribute, and/or publicly perform such materials posted on VizMarket's community and social media websites, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose.
Responsibility: Please act responsibly when using this Website. You may only use this Website and its contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing or transmitting any unlawful material through this Website. You may not collect or store any confidential or personal information regarding other users other than what is generally known to the public. You recognize that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability. You agree that if a third party claims that material you have contributed to the Website is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials publicly posted (other than by VizMarket) or privately transmitted on or through this Website are the sole responsibility of the sender, not VizMarket, and that you are responsible for all material you upload, post or otherwise transmit to or through this Website.
Release and Waiver Indemnification: You acknowledge that the VizMarket Parties will rely on the foregoing terms and conditions potentially at substantial cost to them, and you hereby waive the right to assert any claim of any nature whatsoever against any party relating to the exercise of the rights and permissions granted hereunder. You agree to indemnify, defend and hold harmless the VizMarket Parties from any and all claims.
UNDER NO CIRCUMSTANCES WILL VizMarket, ANY OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS OR AGENTS BE LIABLE FOR ANY INDIRECT LOSSES OR DAMAGES IN ANY WAY CONNECTED WITH THE USE OR INABILITY TO USE THE WEBSITE OR ANY CONTENT INCLUDED ON THE WEBSITE OR FOR ANY CLAIM ARISING IN CONNECTION WITH A PURCHASE OF A PRODUCT OR SERVICE THROUGH THE WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHER LEGAL THEORIES, AND WHETHER SUCH DAMAGES ARE CHARACTERIZED AS GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If you are dissatisfied with the Website or any Content on the Website or any provision of the General Terms of Use, your sole and exclusive remedy is to discontinue using the Website.
Investigations: VizMarket reserves the right to investigate suspected violations of these General Terms of Use including, without limitation. VizMarket may seek to gather information from the user who is suspected of violating these General Terms of Use, and from any other user. VizMarket may suspend any users who violates these General Terms of Use and may remove such material from its servers as it deems appropriate and without notice. If VizMarket believes, in its sole discretion that a violation of these General Terms of Use has occurred, it may suspend users and passwords, terminate accounts or take any other corrective action it deems appropriate. VizMarket will fully cooperate with any law enforcement authorities or court order requesting or directing VizMarket to disclose the identity of anyone. By using the Website and by accepting these General Terms of Use, you waive and hold harmless VizMarket from any claims resulting from any action taken by VizMarket during or as a result of its investigations or from any actions taken as a consequence of investigations by either VizMarket or law enforcement authorities.
Modification; Waiver of Terms: The Website and the mobile applications, products, services and programs described in the Website may be changed, eliminated or updated without prior notice. We also may make changes to these General Terms of Use and any Website-related policies, rules or guidelines at any time. Revised General Terms of Use will be effective when posted to the Website unless otherwise provided by us in the revision. Your continued use of the Website after new General Terms of Use or any revised policies, rules or guidelines are posted constitutes your agreement to abide by the revised terms.
No waiver of any breach of the General Terms of Use shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions of the General Terms of Use, and no waiver of any provision shall be effective unless made in writing and signed by an authorized representative of VizMarket.
Choice of Law and Forum: These General Terms of Use shall be governed by and construed in accordance with the laws of Florida. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these General Terms of Use shall only be in the state courts located in Lee or Collier County, Florida or the federal court located in Fort Myers for the Middle District of Florida. You further agree and submit to the exercise of personal jurisdiction and venue of such courts for the purpose of litigating any such claim or action.
Severability
These General Terms of Use constitute the entire agreement between you and VizMarket with respect to the Information, software, mobile applications or any other services being offered by VizMarket. If any part of these General Terms of Use are held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Entire Agreement: These General Terms of Use constitute the entire agreement between us and you with respect to the Website. No prior or current agreements or communications between the parties will have any effect as part of this agreement or as a separate continuing agreement.