When establishing an account through VISANOW.com®, you will be assigned an account number and be required to select a password. You are responsible for maintaining the confidentiality of your account number and password, and are fully responsible for all activities that occur under your account number. You agree to immediately notify us of any unauthorized use of your account or any other breach of security. Neither VISANOW.com®, its affiliates, nor their employees or agents will be liable for any loss or damage arising from your failure to comply with this section.
UNLAWFUL OR PROHIBITED USE As a condition of your use of any of the services available through VISANOW.com®, you warrant to VISANOW.com® and its affiliates that you will not use the services for any purpose that is unlawful or is prohibited by these terms, conditions, and notices. You agree to comply with all local rules applicable to you in your use of the services. You agree not to reproduce, resell or exploit for any commercial purposes, any portion of the services without the express permission of VISANOW.com®. If you violate any of these terms, your permission to use the services automatically terminates.
INDEMNIFICATION You agree to indemnify, defend and hold harmless VISANOW.com®, its affiliates, and their officers, directors, employees, agents, supplies, licensors and partners from and against any liability, loss, claim, demand and expense (including reasonable attorneys’ fees) due to or arising out of your violation of any of the terms or conditions of this agreement, misuse of the services, or any violation or misappropriation of the rights of any third party.
TERMINATION You agree that VISANOW.com®, in its sole discretion, may terminate your password, account (or any part thereof) or use of the services, and remove and discard any information that you have provided to us if VISANOW.com® believes that you have violated or acted inconsistently with the letter or spirit of this agreement. Further, you agree that neither VISANOW.com® nor its affiliates shall be liable to you or any third-party for any termination of your access to the services.
CHANGES TO WEBSITE OR SERVICES VISANOW.com®, its affiliates, and their advertisers, licensors and/or suppliers may make improvements or changes in the information, services, products, and other materials on this website or the services, or terminate the services (or any portion thereof), at any time without notice. VISANOW.com® may modify this agreement at any time, and such modifications shall be effective immediately upon posting of the modified agreement. Accordingly, you agree to review the agreement periodically, and your continued access or use of the services shall be deemed your acceptance of the modified agreement.
ADVERTISERS AND THIRD PARTY SITES Your correspondence or business dealings with, or participation in promotions of, advertisers on the VISANOW.com® website, including payment and delivery of their goods or services, and any other terms, conditions, warranties or representations related to those dealings, are solely between you and that advertiser. You agree that neither VISANOW.com®, its affiliates, nor their officers, directors, employees or agents shall be responsible or liable for any loss or damage of any sort incurred as the result of your dealings with advertisers or as the result of the presence of such advertisers on the VISANOW.com® website. VISANOW.com® has no control over the content and/or services made available by sites that may be linked to or accessed through the VISANOW.com® website and disclaims all responsibility and liability for such content and services.
PROPRIETARY RIGHTS You acknowledge and agree that the services, any necessary software used in connection with our services and all content contained on our website (“Content”) is owned by VISANOW.com®, its affiliates, advertisers or licensors and contain or consist of proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized in writing by VISANOW.com® or, as applicable, by its affiliates, suppliers, licensors or advertisers you agree not to copy, modify, rent, lease, sell, distribute or create derivative works based on the services, Software or any Content contained on or accessed by our site, in whole or in part. You agree not to reverse engineer, de-compile, reverse assemble or otherwise attempt to discover the source code of the Software (or permit or assist any third party in doing so.
You are granted a personal, non-transferable, non-exclusive right and license to use the object code of the Software on a single computer only in connection with your proper use of the services; provided that you do not copy, modify, reverse engineer, de-compile, reverse assemble or otherwise attempt to discover the source code of the Software, or assign or attempt to assign any interest in the Software, or permit or assist any third party in doing any of the foregoing. The VISANOW.com® logos, trade names and product and service names contained on the VISANOW.com® website are the trademarks or service marks of VISANOW.com®. Without the prior written permission of VISANOW.com®, or its appropriate affiliates, you agree not to display or use in any manner such logos, trade names, product names or service names.
All other trademarks and service marks are the property of their respective owners.
LIABILITY DISCLAIMER YOU USE THE SERVICES AT YOUR OWN RISK. IF YOUR USE OF THIS WEB SITE OR THE SERVICES, OR THE MATERIALS CONTAINED THEREON OR LINKED THERETO (INCLUDING THE DOWNLOAD OF ANY CONTENT OR SOFTWARE), RESULTS IN THE NEED FOR SERVICING OR REPLACING PROPERTY, MATERIAL, EQUIPMENT OR DATA, NEITHER VISANOW.COM® NOR ITS AFFILIATES, NOR THEIR LICENSORS, SUPPLIERS, EMPLOYEES OR AGENTS ARE RESPONSIBLE FOR THOSE COSTS.
REASONABLE EFFORT SHALL BE MADE BY VISANOW.COM® TO PROVIDE RELIABLE SERVICE. VISANOW.COM® PROVIDES SERVICE ON THE INTERNET AND, AS SUCH, IS SUBJECT TO THE OPERATION OF THE INTERNET AND TELECOMMUNICATIONS INFRASTRUCTURES AS WELL AS THE OPERATION OF YOUR INTERNET CONNECTION SERVICE, ALL OF WHICH ARE BEYOND THE CONTROL OF VISANOW.COM®. USERS OF THE VISANOW.COM® SERVICE ARE ADVISED THAT THEY ARE CONDUCTING THEIR TRANSACTIONS OVER THE INTERNET. WHILE VISANOW.COM® HAS TAKEN ALL REASONABLE STEPS TO REDUCE RISK BY ENSURING THE PRIVACY OF ALL TRANSACTION DATA AND THE SAFE TRANSMISSION OF CREDIT CARD INFORMATION, RISKS REMAIN DUE TO FACTORS BEYOND THE REASONABLE CONTROL OF VISANOW.COM®.
VISANOW.COM® AND ITS AFFILIATES, AND THEIR EMPLOYEES, AGENTS, LICENSORS AND SUPPLIERS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO, AND CANNOT GUARANTEE, AND WILL NOT BE RESPONSIBLE FOR ANY DAMAGE OR LOSS RELATED TO, THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION CONTAINED ON OR ACCESSED THROUGH THE VISANOW.COM® WEB SITE OR THE SERVICES.
IN NO EVENT SHALL VISANOW.COM®, ITS AFFILIATES, OR THEIR EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS BE LIABLE FOR (I) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH (A) THE USE OF THIS WEB SITE OR THE SERVICES, (B) THE DELAY OR INABILITY TO USE THIS WEB SITE OR THE SERVICES, (C) ANY INFORMATION, PRODUCTS OR SERVICES OBTAINED THROUGH THIS WEB SITE OR THE SERVICES, OR (D) UNAUTHORIZED THIRD PARTY ACCESS TO YOUR ACCOUNT OR (II) ANY COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF VISANOW.COM®, ITS AFFILIATES, OR THEIR EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
NEITHER VISANOW.COM® NOR ITS AFFILIATES, NOR THEIR LICENSORS OR SUPPLIERS MAKES ANY REPRESENTATION OR WARRANTY THAT THE INFORMATION, SOFTWARE, PRODUCTS, CONTENT, FORMS AND SERVICES CONTAINED ON OR ACCESSED VIA THIS WEBSITE OR THE SERVICES WILL (I) MEET YOUR REQUIREMENTS OR (II) BE FREE FROM INACCURACIES, MISTAKES, DELAYS, INTERRUPTIONS OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN, ALTHOUGH NEITHER VISANOW.COM® NOR ITS AFFILIATES ASSUMES ANY OBLIGATION TO MAKE SUCH CHANGES. VISANOW.COM®, ITS AFFILIATES AND/OR THEIR LICENSORS OR SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THIS WEBSITE OR TO THE SERVICES AT ANY TIME. ALL INFORMATION, PRODUCTS, AND SERVICES MADE AVAILABLE ON OR THROUGH THE VISANOW.COM®. WEB SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND AND VISANOW.COM®, ITS AFFILIATES, AND THEIR LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VISANOW.COM®, ITS AFFILIATES, OR THEIR EMPLOYEES OR AGENTS, SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED IN THIS AGREEMENT.