Terms of Service | VisualizeROI
1. Nature of the Site and Services
The information contained within this site is the property of VisualizeROI. While we strive to present accurate and useful information, VisualizeROI makes no guarantee of accuracy or completeness. All information and opinions expressed herein are subject to change without notice. Opinions and recommendations contained herein should not be construed as investment advice. Do not assume that any recommendations, insights, charts, theories, or philosophies are accurate or will ensure profitable investment.
3. Membership and Account Access
3.1 In order to access many of the Services on the Site, you must register as a “VisualizeROI Member” (the “Membership”). Membership is available to persons who are at least 18 years of age or are otherwise capable of forming legally binding contracts under applicable law. During registration, you will create a username and password (your “Account”), which may permit you access to certain secure areas of the Site only available to VisualizeROI Members.
3.3 If you become a VisualizeROI Member, you will provide true, accurate and complete registration information and shall maintain as current and promptly update relevant personal contact information provided to VisualizeROI. You will not use false identities or impersonate any other person or use a name that you are not authorized to use.
4. Use of the Site
You may use certain areas of the Site and the Services without becoming a VisualizeROI member, such as accessing and viewing information on the Site. In using or accessing the Site, whether as a Member or non-Member, you agree to comply with the following:
(b) You may download or print hard copies of the Site or portions thereof, but only in connection with your own personal, non-commercial use and not on behalf of any third party. Any such downloads/hard copies must contain the following notice: “Copyright eRealInvestor, Inc. dba “VisualizeROI.” All rights reserved.” Notwithstanding the foregoing, except where your use constitutes “fair use” under copyright law, you may not otherwise use, download, upload, copy, print, display, license, perform, reproduce, post, publish, distribute, transmit, submit or otherwise make available the Site or Services without the prior express written authorization from VisualizeROI or the applicable copyright owner.
(c) You are solely responsible for, and will exercise caution, discretion, common sense and judgment in using and accessing the Site and Services contained therein. You acknowledge and agree that VisualizeROI has no responsibility to control or monitor any content posted to the Site and Services and, as a result, does not manage, control, guarantee, nor is responsible for, the truth, accuracy, completeness, integrity, safety, timeliness, quality, appropriateness, legality or applicability of such content. VisualizeROI reserves the right to remove any content at any time without notice.
(d) VisualizeROI has the right, at any time without notice, to revoke or limit your right to use the Site and Services and to restrict or prevent your access to it (or any portion of it). VisualizeROI has no obligation to update the Site or Services or to correct any errors or omissions that might be contained in it, except to the extent such obligations are mentioned in a signed contractual agreement between VisualizeROI and you.
(e) If you become a VisualizeROI Member, you may upload, email, post, publish, transmit or otherwise submit content to the Site as available – for example, in a discussion group, chat area, bulletin board, feedback area, newsgroup, letter to VisualizeROI, its webmaster or employees, or email function – if it is offered as part of the Site or Services. You represent and warrant to VisualizeROI that you are the sole and exclusive owner of such submitted content, or that you have all right and authority to grant the rights in such content to VisualizeROI as described herein.
(h) You will not attempt to obtain any information or materials relating to the Site or Services through any means not intentionally made available through the Site or Services, or attempt to gain unauthorized access to VisualizeROI’s database, technology, computer systems or networks associated with the Site or Services. You will not attempt to modify, translate, adapt, edit, decompile, disassemble or reverse engineer any technology applications or software programs used by VisualizeROI in connection with the Site or Services, or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of or impairs the functionality of the Site or Services. You will not upload or cause the Site to have access to anything that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. You may not use any automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Site or Services – unless expressly permitted by VisualizeROI.
(j) You acknowledge, agree and accept that: (i) the Site or Services may be provided to you by VisualizeROI or its affiliates, distribution partners or third-party service providers; (ii) your content may be included on the websites of VisualizeROI’s affiliates, distribution partners or third-party service providers, in addition to, or instead of, those websites and those of VisualizeROI; and (iii) there is no guarantee that your content will be included on the Site or other website of VisualizeROI or a VisualizeROI affiliate, distribution partner or third-party service provider and VisualizeROI and its affiliates, distribution partners or third-party service providers bear no liability relating to such exclusion.
(k) You understand and agree that, as stated above, neither VisualizeROInor any VisualizeROI affiliate or authorized party intends, or will be required, to edit or review for accuracy, ownership or appropriateness any content submitted by you. However, you agree that all content may be subject to VisualizeROI’s approval. VisualizeROI reserves the right, at any time, to reject, suspend, cancel or remove your content, to assign new search terms to any such content, or to refuse to provide access thereto. VisualizeROI, its employees, consultants and other agents shall have no liability for taking such actions or decisions.
(l) VisualizeROI does not refer, endorse, recommend, verify, evaluate or guarantee any information or content provided by users or VisualizeROI Members, any specific VisualizeROI Member or any content, and nothing shall be considered as a referral, endorsement, recommendation or guarantee of any information, VisualizeROI Member or content. You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which offer such information, containing or suggesting an endorsement by VisualizeROI of you or your content. VisualizeROI reserves the right to warn, suspend or terminate at any time and without notice your access to or use of the Site or Services if VisualizeROI determines, in its sole discretion, that you are transmitting or otherwise connected with such prohibited endorsement.
YOU SHALL NOT USE THE SITE OR SERVICES TO TRANSMIT, ROUTE, PROVIDE CONNECTIONS TO OR STORE ANY MATERIAL THAT INFRINGES COPYRIGHTED WORKS OR VIOLATES OR PROMOTES THE VIOLATION OF THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY.
VisualizeROI provides the Site and Services as a service to our users. VisualizeROI does not monitor, supervise or control content posted or stored on its servers at the direction of its VisualizeROI Members, users or partners, nor does it control or supervise the content of pages that are accessed via third party links. You are responsible for complying with all applicable federal and state laws, including, without limitation, the copyright laws.
VisualizeROI has adopted and implemented a policy pursuant to which VisualizeROI may terminate a VisualizeROI Member’s Account, or deny access to the Site or Services by a user, who infringes or is believed to be infringing, a copyright or other intellectual property right. In addition, VisualizeROI reserves the right to remove, or disable access to, infringing material.
In accordance with the Digital Millennium Copyright Act of 1998 (the text of which may be found on the U.S. Copyright Office website at http://lcweb.loc.gov/copyright/), VisualizeROI will respond expeditiously to claims of copyright infringement that are reported to VisualizeROI’s “Designated Copyright Agent” identified below. If you are a copyright owner, or are authorized to act on behalf of an owner of the copyright or of any exclusive right under the copyright, and believe that your work has been copied in a way that constitutes copyright infringement, please report your notice of infringement to VisualizeROI by providing VisualizeROI’s Copyright Agent listed below with the following information:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at the Site;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit VisualizeROI to locate the material;
(iv) Information reasonably sufficient to permit VisualizeROI to contact the complaining party, including a name, address, telephone number and, if available, an email address at which the complaining party may be contacted;
(v) A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
(vi) A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
6. Intellectual Property Rights and Ownership
7. Use of Third Party Services
The Site and Services may contain information, products, and services, provided by third parties and links (including advertisements) to web sites made available by third parties (“Third-Party Offerings”). This information and these products, services, and links are provided only as a convenience to users of the Site. VisualizeROI does not control these Third-Party Offerings and does not make any representations or warranties, express or implied, regarding these Third-Party Offerings. Including any of the Third-Party Offerings on this Site or as part of the Services does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with VisualizeROI with respect to any third party or its Third-Party Offerings.
8. Representations and Warranties
YOU EXPRESSLY AGREE THAT YOUR USE OF OR INTERACTION WITH THE SITE, SERVICES, THIRD-PARTY OFFERINGS, INFORMATION OR OTHER MATERIAL AVAILABLE FROM OR THROUGH THE SITE OR SERVICES, IS AT YOUR OWN RISK AND AT YOUR OWN DISCRETION. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, SERVICES, THIRD-PARTY OFFERINGS, INFORMATION, AND OTHER MATERIAL AVAILABLE FROM OR THROUGH THE SITE, INCLUDING ALL VisualizeROI INDICES, SEARCH ENGINES AND YOUR USE THEREOF, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
VisualizeROI NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT ON THIS SITE MADE ON THE CHATROOMS, DISCUSSION BOARDS, USER POSTINGS, AND THE LIKE BY ANYONE OTHER THAN AUTHORIZED VisualizeROI EMPLOYEE SPOKESPERSONS WHILE ACTING IN THEIR OFFICIAL CAPACITIES. UNDER NO CIRCUMSTANCES WILL VisualizeROI BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER’S RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT ON THIS SITE AND/OR THROUGH THE SERVICES. IT IS THE RESPONSIBILITY OF EACH USER TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE, OR OTHER CONTENT AVAILABLE THROUGH THIS SITE AND/OR THROUGH THE SERVICES.
VisualizeROI DOES NOT ENDORSE, WARRANT, OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED BY A THIRD PARTY THROUGH THIS SITE AND WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN USERS AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, USER SHOULD USE HIS OR HER BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION THAT RESULTS FROM THE USE OF THE SITE, SERVICES, INFORMATION OR OTHER MATERIAL AVAILABLE FROM OR THROUGH THE SITE AND SERVICES. USER SPECIFICALLY ACKNOWLEDGES THAT VisualizeROI IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER THIRD PARTIES, MEMBERS, OR OTHER USERS OF THE CHATROOMS, BULLETIN BOARDS, USER POSITIONS, AND THE LIKE AND THAT THE RISK OF INJURY FROM THE FORGOING RESTS ENTIRELY WITH EACH USER. Some jurisdictions do not allow the exclusion of warranties, so some of the above exclusions may not apply to you.
If you suffer any harm arising out of or connected with your access or use to the Site and Services, you hereby waive all claims against and release VisualizeROI from any and all liability for claims, demands, damages (actual and consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the Site or Services or with regard to such disputes. If you are a California resident, you waive and relinquish your rights under California Civil Code § 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” Residents of other states and nations waive their rights under analogous laws, statutes or regulations.
10. Limitation of Liability
You agree that VisualizeROI shall have the right, in its sole discretion, to select its own legal counsel to defend VisualizeROI from any such claim (but by doing so shall not excuse your indemnity obligations) and that you shall be solely responsible for the payment of all VisualizeROI’s reasonable attorneys’ fees incurred in connection therewith.
12. Term & Termination
13. Miscellaneous Provisions
13.4 Force Majeure. VisualizeROI shall not be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of events beyond its reasonable control, which may include, without limitation, pandemic, denial-of-service attacks, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, labor conditions, earthquakes, material shortages, extraordinary Internet congestion or extraordinary connectivity issues experienced by major telecommunications providers, or failure at VisualizeROI’s co-location facility, (each a “Force Majeure Event”). Upon the occurrence of a Force Majeure Event, VisualizeROI will be excused from any further performance of its obligations effected by the Force Majeure Event for so long as the event continues.
13.7 Note About Children. To become a VisualizeROI Member or use the Site and Services you must be at least eighteen (18) years old and otherwise capable of forming legally binding contracts under applicable law. If you are under eighteen (18), please do not use the Site or Services.
13.8 Notice. Any notice or other communication to be given hereunder will be in writing and given (a) by VisualizeROI via email (in each case to the address that you provide), (b) by VisualizeROI posting on the Site, or (c) by you via email to [email protected] or to such other addresses as VisualizeROI may specify in writing. The date of receipt shall be deemed the date on which such notice is transmitted.
13.9 Feedback. Your feedback is welcome and encouraged. You may submit feedback by emailing us at [email protected]. You agree, however, that (i) by submitting unsolicited ideas to VisualizeROI or any of its employees or representatives, you automatically forfeit your right to any intellectual property rights in these ideas; and (ii) unsolicited ideas submitted to VisualizeROI or any of its employees or representatives automatically become the property of VisualizeROI. You hereby assign and agree to assign all rights, title and interest you have in and such feedback and ideas to VisualizeROI together with all intellectual property rights therein.
If you intend to own the intellectual property rights of your ideas in any way (patent, trade secrets, copyright, trademark, etc.) please do not submit your concepts or prototype samples to VisualizeROI, its employees or assigns. Instead, please send an email to [email protected] and describe ONLY the general application. If we think there is opportunity to pursue your idea further, we will contact you. Please note that a legal agreement may be required by VisualizeROI in order to evaluate your concept(s).