Last Updated on October 13, 2024
Welcome to Visionsetters.com / VISIONSETTERS, LLC. This Agreement sets forth Your rights and obligations as a visionsetters.com / VISIONSETTERS, LLC User. By accessing our website or using our services, you agree to be bound by these terms and conditions.
IMPORTANT - Please read and understand these terms and conditions of use & sale before accessing, using, or subscribing or placing an order over www.Visionsetters.com. THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES (see Sections 7, 12, and 13). THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
The use of www.Visionsetters.com (hereafter "Website"), which is owned and maintained by Visionsetters.com / VISIONSETTERS, LLC ("Visionsetters," "we," "our," "us") is governed by the terms and conditions set forth below. We offer the Website, including all information, tools, and services available from the Website to you, the user, conditioned upon your acceptance of all terms and conditions stated here. By accessing, using, subscribing, or placing an order over the Website, you and your business agree to the terms set forth herein.
If you do not agree to these terms and conditions in their entirety, you are not authorized to use the Website in any manner or form whatsoever.
THIS IS A BINDING AGREEMENT. THESE TERMS AND CONDITIONS OF USE & SALE (“TERMS”) TOGETHER WITH OUR PRIVACY POLICY FORM A LEGALLY BINDING AGREEMENT (“AGREEMENT”) BETWEEN YOU AND YOUR BUSINESS (“YOU”) AND Visionsetters. THIS AGREEMENT GOVERNS YOUR ACCESS TO AND USE OF THE WEBSITE OR OTHER SITES TO WHICH THESE TERMS ARE LINKED AND THE SERVICES PROVIDED BY VISIONSETTERS, ANY ORDER YOU PLACE THROUGH THE WEBSITE, BY TELEPHONE, OR OTHER ACCEPTED METHOD OF PURCHASE AND, AS APPLICABLE, YOUR USE OR ATTEMPTED USE OF THE PRODUCTS OR SERVICES OFFERED ON OR AVAILABLE THROUGH THE WEBSITE.
THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 13.
Visionsetters reserves the right to update and change, from time to time, these Terms and all documents incorporated by reference by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. You can find the most recent version of these Terms at https://www.visionsetters.com/terms-conditions/ or by clicking here Terms of Use. Use of the Website after such changes constitutes acceptance of such changes. Any new features or tools which are added to the current Website shall also be subject to the Terms.
The Website is intended for the educational benefit of adults and businesses operated by adults. If you use the Website, you are affirming that you are at least eighteen (18) years old or the legal age of majority in your state or province of residence (whichever is greater), operate a business, have the legal capacity to enter into a binding contract with us, and have read these Terms and understand and agree to its policies, terms, conditions, and notices.
All aspects of our Website are protected by U.S. and international copyright, trademark, and other intellectual property laws, including all content, information, design elements, text material, logos, taglines, metatags, hashtags, photographic images, testimonials, personal stories, icons, video and audio clips, and downloads. No material on the Website may be copied, reproduced, distributed, republished, uploaded, displayed, posted, or transmitted in any way whatsoever. The Visionsetters trademark and logo are proprietary marks of Visionsetters, and the use of those marks is strictly prohibited. Nothing herein gives you the right to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information owned by Visionsetters.
Subject to your continued strict compliance with all Terms, Visionsetters provides to you a revocable, limited, non-exclusive, royalty-free, non-sublicenseable, non-transferrable license to use the Website. You acknowledge and agree that you do not acquire any ownership rights in any material protected by intellectual property laws.
If you purchase a subscription to Visionsetters software over the Website, Visionsetters provides to you a revocable, limited, non-exclusive, non-sublicenseable, non-transferrable license to use the software. You acknowledge and agree that: (1) the software is copyrighted material under United States and international copyright laws that is exclusively owned by Visionsetters; (2) you do not acquire any ownership rights in the software; (3) you may not modify, publish, transmit, participate in the transfer or sale, or create derivative works from the content of the software; (4) except as otherwise expressly permitted under copyright law, you may not copy, redistribute, publish, display or commercially exploit any material from the software without the express written permission of Visionsetters; and (5) in the event of any permitted copying (e.g., from the Website to your computer system), no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made.
You agree not to use or attempt to use the Website or any software provided by Visionsetters, whether alone, or in conjunction with other software or hardware, in any unlawful manner or a manner harmful to Visionsetters. You further agree not to commit any harmful or unlawful act or attempt to commit any harmful or unlawful act on or through the Website or through use of any software or hardware including, but not limited to, refraining from:
1. HARMFUL ACTS. Any dishonest or unethical business practice; any violation of the law; infliction of harm to Visionsetters’ reputation; hacking and other digital or physical attacks on the Website; and the violation of the rights of Visionsetters or any third party;
2. "SPAMMING” AND UNSOLICITED COMMUNICATIONS. We have zero tolerance for spam and unsolicited communications. Any communications sent or authorized by you reasonably deemed “spamming,” or any other unsolicited solicitations (including without limitation postings on social media or third-party blogs) will be deemed a material threat to Visionsetters’ reputation and to the rights of third parties. It is your obligation, exclusively, to ensure that all business communications comply with state and local anti-spamming or analogous laws.
3. OFFENSIVE COMMUNICATIONS. Any communication sent, posted, or authorized by you, including without limitation postings on any website operated by you, or social media or blog, which are: sexually explicit, obscene, vulgar, or pornographic; offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory; graphically violent; or solicitous of unlawful behavior.
4. SENSITIVE INFORMATION. You will not import, or incorporate into, any contact lists or other content you upload to any website, software, or other electronic service hosted, provided by or connected to Visionsetters, any of the following information: social security numbers, national insurance numbers, credit card data, passwords, security credentials, bank account numbers, or sensitive personal, health or financial information of any kind.
5. ILLEGAL BUSINESS ACTIVITY. Any promotion of illegal business activity, promoting the sale or use of illegal drugs; or infringing or promoting the infringement of the intellectual property rights of another.
You further agree to conduct yourself and all of your businesses in full compliance with all applicable laws, whether through the use of Visionsetters or otherwise.
We respect your privacy and the use and protection of your non-public, personal information. Your submission of personal information through the Website is governed by our Privacy Statement https://www.visionsetters.com/privacy-policy.
As a Visionsetters user, you will be required to create an account with Visionsetters. You warrant that the information you provide us is truthful and accurate, and that you are not impersonating another person. You are responsible for maintaining the confidentiality of any password you may use to access your Visionsetters user account, and you agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to your user account, to any third party. You are fully responsible for all transactions with, and information conveyed to, Visionsetters under your user account. You agree to immediately notify Visionsetters of any unauthorized use of your password or user-name or any other breach of security related to your user account. You agree that Visionsetters is not liable, and you will hold Visionsetters harmless, for any loss or damage arising from your failure to comply with any of the foregoing obligations. You are also responsible for maintaining the confidentiality of proprietary or non-public information Visionsetters may share with you as an Visionsetters user, such as but not limited to technical information, our pricing, our business strategy, and data about other past or current Visionsetters clients, users, or their customers.
If you order a service or product, payment must be received by us before your order is accepted. We may require additional information regarding your order if any required information was missing or inaccurate and may cancel or limit an order any time after it has been placed. Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order. You must contact us immediately at [email protected] in order to modify or cancel your pending order. We cannot guarantee that we will be able to amend your order in accordance with your instructions.
All items are subject to availability. We will notify you if any item is not available, the expected availability date, and may offer you an alternative product or service. We reserve the right to limit the sales of our products and services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis at our sole and exclusive discretion.
All advertised prices are in, and all payments shall be in, U.S. Dollars
Products, services, and prices are generally posted at the following URL, but are subject to change: www.Visionsetters.com. Visionsetters reserves the right, without notice, to discontinue products or services or modify specifications and prices on products and services without incurring any obligation to you. Except as otherwise expressly provided for in these Terms, any price changes to your subscription or purchase of product(s) or services will take effect following email notice to you.
Price changes are effective on the first day of the month after the price change is posted. By accessing, using, subscribing or placing an order over the Website, you authorize Visionsetters to charge your account in the amount indicated for the value of the services you select, including any future price changes. If you request a downgrade in services, the downgrade (and corresponding price reduction) will become effective on the first day of the month following your requested downgrade. By your continued use of Visionsetters services, and unless you terminate your subscription as provided herein, you agree that Visionsetters may charge your credit card monthly for the products and services you have selected, and you consent to any price changes for such services after e-mail notice has been provided to you.
Visionsetters takes reasonable steps to ensure that the prices set forth on the Website are correct, and to accurately describe and display the items available on the Website. If the correct price of our product is higher than its stated price, we will, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
When ordering products or services, please note that Visionsetters does not warrant that product or service descriptions are accurate, complete, current, or error-free, or that packaging will match the actual product that you receive. All sales are deemed final except as provided otherwise. Visionsetters descriptions of, or references to, products or services not owned by Visionsetters are not intended to imply endorsement of that product or service or constitute a warranty by Visionsetters.
Every online business is different, employing different strategic approaches and organizational structures, and offering different products and services. Therefore, individual results will vary from user to user. YOUR BUSINESS’ INDIVIDUAL RESULTS WILL VARY DEPENDING UPON A VARIETY OF FACTORS UNIQUE TO YOUR BUSINESS, INCLUDING BUT NOT LIMITED TO YOUR CONTENT, BUSINESS MODEL, AND PRODUCT AND SERVICE OFFERINGS.
Visionsetters does not promise, guarantee, or warrant your business’ success, income, or sales. You understand and acknowledge that Visionsetters will not at any time provide sales leads or referrals to you or your business. Those businesses who purchase our products or services will receive access to software and tools to create Internet sales funnels and otherwise assist with their respective online offerings. However, we do not guarantee your business’ success and based upon many market factors that we cannot control, the software and tools we provide may or may not be applicable to your specific business.
Further, we do not make earnings claims, efforts claims, return on investment claims, or claims that our software, tools, or other offerings will make your business any specific amount of money, and it is possible that you will not earn your investment back. We do not sell a business opportunity, “get rich quick” program, guaranteed system, franchise system, or a business in a box. You should not purchase our products or services if that is your expectation.
Instead, you should purchase with the understanding that using the information, training and software purchased will take time and effort and may be applicable in some situations but not others. Also, we do not offer any tax, accounting, financial, or legal advice and disclaim any liability from results you may incur in these areas. You should consult your business’ accountant, attorney, or financial advisor for advice on these topics.
You represent and warrant that you operate a business in good standing and you agree that there are no prior or pending government investigations or prosecutions against you or your business. You also agree that you and your business will only use Visionsetters products and services for lawful purposes and that you shall not use such products or services, whether alone or in connection with other software, hardware, or services, for any unlawful or harmful purpose. You also agree that you and your business are solely and exclusively responsible for complying with any and all applicable laws and regulations in running your business, including, but not limited to, all laws governing advertising and marketing claims, subscriptions, refunds, premium offers, tax laws, and all additional laws applicable to your business. You agree to notify Visionsetters if any investigation or lawsuit is threatened or filed against you, whereupon Visionsetters shall have the right to terminate this Agreement without liability. Visionsetters shall have no liability for your or your business’s violation of any laws. You are solely and exclusively responsible for collecting and reporting any and all sales and use tax, and any other taxes, which may apply to the sales of products or services by your business. Visionsetters is not responsible for collecting or reporting any taxes which may apply to your business or sales of products or services by your business. You agree to indemnify Visionsetters as set out in SECTION 6 below in the event that you and/or your business violate any law and a claim is threatened or asserted against Visionsetters as a result. You understand and agree that in running your business, transactions may be subject to sales tax and that it is your sole and exclusive responsibility to collect and report such tax for sales to your customers.
Visionsetters is pleased to hear from users and clients and welcomes your comments regarding our Services. Visionsetters may use testimonials and/or product reviews in whole or in part together with the name, city, and state of the person submitting it. Testimonials may be used for any form of activity relating to Visionsetters' Services, in printed and online media, as Visionsetters determines in its sole and exclusive discretion. Testimonials represent the unique experience of the participants and businesses submitting the testimonial, and do not necessarily reflect the experience that you and your business may have using our Services. As set forth above in SECTION 12, your business’s results will vary depending upon a variety of factors unique to your business and market forces beyond Visionsetters' control. Anything that you or your business submit or post to the Website and/or provide us through email, forms, surveys, comments or any other medium, or post on any social media or other websites about us, including without limitation, photographs, testimonials, ideas, know-how, techniques, questions, reviews, biographies, your business’s name, comments, and suggestions is and will be treated as non-confidential and non-proprietary, and we shall have the royalty-free, worldwide, perpetual, irrevocable, and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, and create derivative works from such submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such submissions. You and your business agree that this authorization and license may be assigned by Visionsetters to any other party.
Additionally, Visionsetters reserves the right to correct grammatical and typing errors, to shorten submissions prior to publication or use, and to review all submissions prior to publication or use. Visionsetters shall be under no obligation to use the whole of, or any part of, any testimonial submission or product review submitted.
As a Visionsetters user, you must comply with all laws, both U.S. and foreign, including, but not limited to, laws prohibiting deceptive and misleading advertising and marketing, e-mail marketing laws (including the federal CAN-SPAM Act (15 U.S.C. § 7701)), telemarketing laws (including the federal Telephone Consumer Protection Act (47 U.S.C. § 227) and the Federal Trade Commission’s Telemarketing Sales Rule (16 C.F.R. § 310)), laws governing testimonials (including the Federal Trade Commission’s Revised Endorsements and Testimonials Guides (16 CFR Part 255)), and/or any similar laws, laws relating to intellectual property, privacy, security, terrorism, corruption, child protection, or import/export laws. You are solely responsible for ensuring their compliance with all applicable laws, rules, regulations, and court orders of any kind of any jurisdiction applicable to you and your business, and any recipient to whom you send digital messages using our products or services. You have the responsibility to be aware of, understand, and comply with all applicable laws and ensure that you and all users of your account comply with such applicable laws at all times.
If you use any messaging software, or any other messaging system or other software or hardware provided by you or a third-party, you agree that you will follow all applicable laws with respect to sending messages, including without limitation the federal Telephone Consumer Protection Act. You further agree to indemnify and defend Visionsetters from any claims, damages, losses, and lawsuits of any kind or nature that may be made or brought against Visionsetters relating in any way to your violation of law or third-party rights by use or misuse of any messaging software or hardware, whether provided by Visionsetters. You further understand and agree that Visionsetters has no control over, and therefore cannot be responsible for, the functionality or failures of any third-party software, including without limitation Facebook, Facebook Messenger, and internet browser notifications. Visionsetters DOES NOT WARRANT THAT ANY VISIONSETTERS MESSAGING SOFTWARE WILL BE COMPATIBLE WITH ANY THIRD-PARTY SOFTWARE. YOU ARE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR YOUR USE OF ANY AND ALL MESSAGING SOFTWARE AND/OR HARDWARE.
COMMITMENT AGAINST TARGETING AND HARASSMENT AND INTERFERENCE WITH OTHERS. You must not use our services, whether alone, or in connection with other software or hardware, to: (i) store, distribute, or transmit any malware or other material that you know, or have reasonable grounds to believe, is or may be tortious, libelous, offensive, infringing, harassing, harmful, disruptive, or abusive; or (ii) commit, promote, aid, or abet any behavior, which you know, or have reasonable grounds to believe, is or may be tortious, libelous, offensive, infringing, harassing, harmful, disruptive, or abusive.
Except where otherwise inapplicable or prohibited by law:
You expressly agree that your and your business’s use of, attempted use of, or inability to use, the Website is at your and your business’s sole risk. THE WEBSITE, THE CONTENT, AND THE SERVICES CONTAINED AND OFFERED ON THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
We make no, and expressly disclaim any and all, representations and warranties as to the reliability, timeliness, quality, suitability, availability, accuracy, and/or completeness of any information on this Website. We do not guarantee, represent, or warrant that your or your business’s use of our Website will be uninterrupted, timely, secure, or error-free. We do not warrant that the results that may be obtained from the use of the Website will be accurate or reliable. You and your business agree that from time to time we may remove the Website or the Content for indefinite periods of time or cancel the Website or any Services at any time, without notice to you or your business.
You agree to protect, defend, indemnify and hold harmless Visionsetters, its officers, directors, employees, owner(s), and parent company(ies) and assigns from and against all claims, demands, and causes of action of every kind and character without limit arising out of Your conduct. Your indemnity obligation includes, but is not limited to, any third-party claim against Visionsetters for liability for payments for, damages caused by, or other liability relating to, You.
Except where otherwise inapplicable or prohibited by law, in no case shall Visionsetters, our directors, officers, employees, affiliates, agents, contractors, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), statute, strict liability, or otherwise, arising from your or your business’s use of, attempted use of, or inability to use any part of the Website or Services, including, but not limited to any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of the Website or any Content or Services posted, transmitted, or otherwise made available, even if advised of their possibility.
If, notwithstanding the limitation of liability set forth above, Visionsetters is found liable under any theory, Visionsetters' liability and your and your business’s exclusive remedy will be limited to the lesser of (i) USD $1,000.00, or (ii) the total amount of money you or your business paid to Visionsetters in the one (1) month period immediately preceding the incident on which your or your business’s alleged claim is based. This limitation of liability shall apply for all claims, regardless of whether Visionsetters was aware of or advised in advance of the possibility of damages or such claims. Some states do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you or your business.
13.1 PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR AND YOUR BUSINESS’ RIGHTS. EXCEPT WHERE PROHIBITED BY LAW, YOU AND YOUR BUSINESS AGREE THAT ANY CLAIM THAT YOU OR YOUR BUSINESS MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU AND YOUR BUSINESS ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU AND YOUR BUSINESS WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AGREE THAT YOU AND YOUR BUSINESS MAY ONLY BRING A CLAIM IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES), AND MUST FOLLOW THE TERMS OF THESE CONDITIONS OF USE AS A COURT WOULD.
13.2 If you or your business has a complaint, dispute, or controversy, you and your business agree to first contact us at [email protected] to attempt to resolve the dispute or controversy informally. Any controversy or claim arising out of or related to the use of the Website, any service, product, or information, or your and your business’s relationship with us that cannot be resolved through such informal process or through negotiation within one hundred and twenty (120) days shall be resolved by binding, confidential arbitration administered by the American Arbitration Association (“AAA”), and judgment on the award rendered may be entered in any court having jurisdiction thereof. We agree that any claim we may have against you or your business will also be subject to this arbitration provision, except as provided in SECTION 15 and SECTION 16 below. The arbitration will be conducted by a single neutral arbitrator in the English language in Orlando, Florida unless we both agree to conduct the arbitration by telephone or written submissions. The arbitrator shall be selected by agreement of the parties or, if the parties cannot agree, chosen in accordance with the Rules of the AAA. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Arbitration Rules and Mediation Procedures, in effect at the time of submission of the demand for arbitration. The AAA’s Rules are available at www.adr.org or by calling 1-800-778-7879. The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms of Service, the Privacy Policy, this arbitration provision, and any other terms incorporated by reference into these Terms. The arbitrator shall have the exclusive and sole authority to determine whether any dispute is arbitrable. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to these Terms and whether a non-signatory to this agreement can enforce this provision against you, your business or Visionsetters. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s Rules. In all other respects, and regardless of which party partially or fully prevails, the parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses.
13.3 The arbitrator shall follow the substantive law of the State of Florida without regard to its conflicts of laws principles. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
13.4 You, your business, and Visionsetters agree that disputes will only be arbitrated on an individual basis and shall not be consolidated on a class-wide or other representative basis, nor consolidated with any other arbitration(s) or other proceedings that involve any claim or controversy of any other party. You, your business, and Visionsetters expressly waive any right to pursue any class or other representative action against each other. Failure or any delay in enforcing this arbitration provision in connection with any particular claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other claims except that all claims must be brought within one (1) year after the claim arises (the one (1) year period includes the one hundred and twenty (120) day informal resolution procedures described above).
13.5 This arbitration provision sets forth the terms and conditions of our agreement to final and binding confidential arbitration and is governed by and enforceable under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended.
13.6 This provision survives termination of your account or relationship with Visionsetters, bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.
13.7 YOU UNDERSTAND THAT YOU AND YOUR BUSINESS WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE, AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION ABSENT YOUR AGREEMENT TO THESE TERMS. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION IN ACCORDANCE WITH THIS ARBITRATION PROVISION.
In order to prevent or limit irreparable injury to Visionsetters, in the event of any breach or threatened breach by you or your business of the provisions of these Terms or any infringement or threatened infringement by you or your business of the intellectual property of Visionsetters or a third-party, Visionsetters shall be entitled to seek a temporary restraining order and preliminary and permanent injunctions or other equitable relief from a court of competent jurisdiction located in Orlando, Florida enjoining such breach, threatened breach, infringement, or threatened infringement. Nothing in these Terms shall be construed as prohibiting Visionsetters from pursuing in court any other remedies available to it for such breach, threatened breach, infringement, or threatened infringement, including the recovery of monetary damages from you and your business. You and your business hereby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, the courts of Orlando, Florida for all such claims, and forever waive any challenge to said courts’ exclusive jurisdiction or venue.
To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Visionsetters, its directors, officers, employees, shareholders, licensors, independent contractors, subcontractors, suppliers, affiliates, parent companies, subsidiaries, and agents from and against any and all claims, actions, loss, liabilities, damages, expenses, demands, and costs of any kind, including, but not limited to attorneys’ fees and costs of any litigation or other dispute resolution, arising out of, resulting from, or in any way connected with or related to (1) your use, misuse, or attempt to use the Website, software, products, or services, (2) information you submit or transmit through the Website, (3) your breach of these Terms, the documents they incorporate by reference, the Agreement, or the representations and warranties provided by you in this Agreement, or (4) your violation of any law or the rights of a third-party
If you believe that materials or content available on any Visionsetters website infringes any copyright you own, you or your agent may send Visionsetters a notice requesting that Visionsetters remove the materials or content from the Visionsetters website. If you believe that someone has wrongly filed a notice of copyright infringement against you, you may send Visionsetters a counter-notice. Notices and counter-notices should be sent to:
VISIONSETTERS, LLC
7901 4th N
STE 300
St. Petersburg, FL 33702
Email: ([email protected])
The Website may contain links to other websites. Visionsetters assumes no responsibility for the content or functionality of any non-Visionsetters website to which we provide a link. Please see our Privacy Statement for more details.
These Terms will take effect (or shall re-take effect) at the time you click “SUBMIT,” “I ACCEPT,” “I AGREE,” or similar links or buttons, otherwise submit information through the Website, respond to a request for information, or begin installing, accessing, or using the Website, whichever is earliest. If, in our sole discretion, you or your business fail, or we suspect that you or your business have failed, to comply with any term or provision of the Agreement or violated any law, whether in connection with your use of Visionsetters or otherwise, we may terminate the Agreement or suspend your access to the Website at any time without notice to you. SECTIONS 7, 8, 10 through 16, and 19 through 27 of these Terms, as well as any representations, warranties, and other obligations made or undertaken by you or your business, shall survive the termination of these Terms and/or your account or your business’s account or relationship with Visionsetters . Upon termination, you and your business remain responsible for any outstanding payments to Visionsetters on a non-prorated basis.
No failure or delay on the part of Visionsetters in exercising any right, power or remedy under these Terms may operate as a waiver, nor may any single or partial exercise of any such right, power, or remedy preclude any other or further exercise of such right, power, or remedy, or the exercise of any other rights, powers, or remedies under these Terms. A waiver of any right or obligation under these Terms shall only be effective if in writing and signed by Visionsetters.
These terms and conditions are governed by and construed in accordance with the laws of Florida and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.
Visionsetters will not be responsible to you for any delay, damage, or failure caused by or occasioned by a Force Majeure Event. As used in these Terms, “Force Majeure Event” shall mean: any act of God, act of nature or the elements, terrorism, insurrection, revolution or civil strife, piracy, civil war or hostile action, labor strikes, acts of public enemies, federal or state laws, rules and regulations of any governmental authorities having jurisdiction over the premises, inability to procure material, equipment, or necessary labor in the open market, acute and unusual labor, material, or equipment shortages, or any other causes beyond the control of Visionsetters. Delays due to any of the above causes shall not be deemed to be a breach of or failure to perform under these Terms. Visionsetters shall not be required against its will to adjust any labor or other similar dispute except in accordance with applicable law.
Visionsetters may assign its rights under these Terms at any time, without notice. Your and your business’s rights and obligations under these Terms cannot be assigned without Visionsetters' (or its assigns’) express written consent.
All information communicated on the Website is considered an electronic communication. You and your business agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
You can review the most current version of the Terms at any time at https://www.visionsetters.com/terms-conditions. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms, including the Privacy Policy by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your and your business’s continued use of or access to our Website following the posting of any changes to these Terms constitutes acceptance of those changes.
If any provision of these Terms is found by the arbitrator or (if proper) a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall not be affected thereby and shall continue in full force and effect and such provision may be modified or severed from these Terms to the extent necessary to make such provision enforceable and consistent with the remainder of these Terms.
These Terms, the Privacy Policy, and any policies or operating rules posted by us on the Website or in respect to the Website constitute the entire agreement and understanding between you and your business and Visionsetters, and supersedes and replaces any prior or contemporaneous agreements, representations, communications, and proposals, whether oral or written. We may also, in the future, offer new services and/or features through the Website. Such new features and/or services shall also be subject to these Terms, the Privacy Policy, and any policies or operating rules posted by us on the Website. Any ambiguities in the interpretation of these Terms or the Privacy Policy shall not be construed against the drafting party.
We encourage our clients to contact us with questions or comments about our products and services. Please feel free to do so by sending an e-mail to [email protected]. If you have any questions or inquiries concerning any of the Terms, you may contact Visionsetters by e-mail at [email protected] or by regular mail at:
VISIONSETTERS, LLC
7901 4th N
STE 300
St. Petersburg, FL 33702
Notices to you may be made by posting a notice (or a link to a notice) on www.visionsetters.com/terms-conditions, by e-mail, or by regular mail, at Visionsetters' discretion.
© Visionsetters, LLC 2024. All rights reserved.
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© Visionsetters LLC 2025. All rights reserved.