for services and websites
SERVICE LEVEL AGREEMENT
Section 1. Acceptance of Terms.
This Agreement relates to InVision Data, Inc.'s software, website(s) and service(s). As used in this Agreement, the term "Website/Service/Software" means the website software, services an software developed and provided by InVision Data, Inc. (as described here and on InVision Data, Inc.'s website that can be found at http://www.InVisionData.com.com (the "Website")), and any upgrades or new releases of Website/Service/Software and any related documentation for the Website/Service/Software whether in written or electronic form. You may use the Website/Service/Software only if you accept without modification the terms and conditions contained in this Agreement. By accepting this Agreement, you are agreeing to all of the terms and conditions contained in this Agreement. If you do not agree to the terms and conditions of this Agreement, InVision Data, Inc. is not willing to allow you to use the Website/Service/Software.
Section 2. Fees, Payment and Taxes.
(a) Fees and Manner of Payment.
1.You agree to pay to InVision Data, Inc. the user fees (the "User Fees") for your use of the Website/Service/Software in accordance with a Schedule B (if applicable) as agreed to by you and InVision Data, Inc.. All Fees are payable to InVision Data, Inc. in U.S. dollars. 2. If you are an individual, you agree to pay your Fees by credit card and authorize InVision Data, Inc. to debit automatically the amounts due to InVision Data, Inc. from the credit card specified by you. You agree to provide updated credit card information to InVision Data, Inc. in the event of the expiration or cancellation of the credit card on file. 3. If you are a business entity, you may elect to pay your Fees (A) by credit card or (B) subject to credit approval by InVision Data, Inc., through a monthly invoice. If you elect to pay by credit card, you authorize InVision Data, Inc. to debit automatically the amounts due to InVision Data, Inc. from the credit card specified by you to InVision Data, Inc.. You agree to provide updated credit card information to InVision Data, Inc. in the event of the expiration or cancellation of the credit card on file. If you elect to pay by invoice, InVision Data, Inc. will generate monthly invoices, which will be emailed to you. Each invoice will specify the total Fees payable by you to InVision Data, Inc. for your use of the Website/Service/Software. You agree to pay InVision Data, Inc. the amount specified in each invoice nolater than the date specified on the invoice.
(b) If InVision Data, Inc. is Unable to Debit Credit Card; Late Payments.
1. If you pay your Fees by credit card and your credit card has expired or InVision Data, Inc. is otherwise unable to debit your credit card the amounts due InVision Data, Inc., then InVision Data, Inc. may, in its sole discretion, immediately suspend your use of the Website/Service/Software. 2. If you are a business entity and have elected to be invoiced for your Fees, you acknowledge and agree as follows: It is your responsibility to ensure that all payments due to InVision Data, Inc. are made by the due date specified on the invoice. If InVision Data, Inc. does not receive payment of the invoice by its due date then InVision Data, Inc. may, in its sole discretion, immediately suspend your use of the Website/Service/Software. You further agree that InVision Data, Inc. may, in its sole discretion, charge you interest on all overdue payments at the rate of 18% compounded daily from and including the due date to and including the date of payment. 3. If InVision Data, Inc. suspends your use of the Website/Service/Software under this Section 2, and you subsequently pay InVision Data, Inc. the amounts due, you agree to pay InVision Data, Inc. the Reconnection Fee specified in the Fee Schedule listed on the Website.
1. The User Fees are exclusive of taxes, duties and charges imposed or levied in the U.S. or overseas for the Website/Service/Software including, but not limited to, withholding taxes. The appropriate sales taxes for your use of the Website/Service/Software will be included in the amount billed to your credit card or on your invoice as applicable. Without limiting the foregoing, you agree to pay any taxes, duties or charges (including any new taxes, duties or charges) imposed subsequent to the date of this Agreement for any payment made or to be made under this Agreement. 2. InVision Data, Inc. may increase the User Fees as necessary to ensure that InVision Data, Inc. receives when due a net amount (after payment of the taxes referred to in Section 2(c)(i) of this Agreement) equal to the full amount which InVision Data, Inc. would have been entitled to receive and retain had the payment been free of such taxes.
Section 3. Intellectual Property; End User License Agreement.
You have no ownership rights to the Website/Service/Software. Ownership of the Website/Service/Software and all associated intellectual property rights shall remain at all times with InVision Data, Inc.. Further, this Agreement is subject to the terms of the End User License Agreement (the "EULA") for the Website/Service/Software and you agree to accept and comply with the terms of the EULA. If you are a business entity, you agree to use your best efforts to ensure that your employees and agents who use the Website/Service/Software (and who have not otherwise consented to the terms of the EULA) have read the EULA and will comply with its terms.
Section 4. Indemnification.
You agree to indemnify and hold harmless InVision Data, Inc. and its officers, directors, employees and agents from any and all claims, damages, costs, expenses or lawsuits, including reasonable attorneys' fees, arising out of or in connection with your use of the Website/Service/Software even if we have been made aware of such damages, cost, expenses or claims.
Section 5. Security.
Although information that you transmit over the Website/Service/Software may be password-protected and/or encrypted, InVision Data, Inc. does not guarantee the security of any information transmitted or stored through the Website/Service/Software. You agree to assume the security risk for any information that you transmit or store through the Website/Service/Software and InVision Data, Inc. specifically disclaims any liability arising in connection with any theft or other loss of your information transmitted or stored through the Website/Service/Software.
Section 6. Confidentiality.
You acknowledge that the Website/Service/Software contains proprietary trade secrets and information of InVision Data, Inc. and you hereby agree to maintain the confidentiality of the Website/Service/Software using at least as great a degree of care as you use to maintain the confidentiality of your own most confidential information.
Section 7. Service Level Warranties.
The service levels warranties provided by InVision Data, Inc. for the Website/Service/Software are specified on Schedule A attached to this Agreement. Except for the service levels specified on Schedule A, InVision Data, Inc. does not warrant that the functions contained in or performance of the Website/Service/Software will meet any requirements that you may have, and InVision Data, Inc. disclaims all other warranties of any kind, either expressed or implied, including, without limitation, implied warranties of merchantability and fitness for a particular purpose.
Section 8. No Liability for Unauthorized Use.
You are solely responsible for ensuring that each password or encryption key for the Website/Service/Software is utilized only by you or, if applicable, by your authorized employees and agents. InVision Data, Inc. shall have no liability for any loss, claim, damages or other liability that may arise from the unauthorized use of a password or an encryption key. If a password or an encryption key is lost or stolen it is your responsibility to notify InVision Data, Inc. of such loss or theft so that the password or encryption key can be deactivated and a new one assigned. If any of your employees or agents shall no longer be authorized to use a password or an encryption key it shall be your responsibility to notify InVision Data, Inc.. InVision Data, Inc. will use commercially reasonable efforts to effect password deactivation requests as soon as practicable after their receipt in writing from you or your representative. Notices should be sent in accordance with Section 12 of this Agreement.
Section 9. Limitation of Liability.
Except for the service level warranties specified on Schedule A, in no event will InVision Data, Inc. be liable to you or any third party for: (a) any direct, incidental or consequential damages (including, without limitation, indirect, special, punitive, or exemplary damages for loss of business, loss of profits, business interruption, or loss of business information) arising out of your use of or your inability to use the Website/Service/Software or for any claim by any other person or party, including claims relating to the infringement of intellectual property rights, even if InVision Data, Inc. has been advised of the possibility of such damages; or (b) any losses or damages arising from the unauthorized use of the Website/Service/Software even if InVision Data, Inc. is advised of such unauthorized use in accordance with Section 8 of this Agreement. The foregoing limitation applies to the acts, omissions, negligence and gross negligence of InVision Data, Inc., its officers, employees, agents, contractors or representatives which, but for this provision, would give rise to a cause of action against InVision Data, Inc. and such persons in contract, tort or any other legal doctrine.
Section 10. Export Restrictions.
This Agreement is expressly made subject to any laws, regulations, orders or other restrictions on the export of the Website/Service/Software from the United States, which may be imposed from time to time by the government of the United States. Persons from certain restricted countries may be prohibited from using the Website/Service/Software. You acknowledge that InVision Data, Inc. may restrict any use of the Website/Service/Software that InVision Data, Inc. deems to be in violation of United States export restrictions.
Section 11. Term and Termination; Survival of Provisions.
This Agreement is effective as of the Effective Date and shall remain in effect until it is terminated. You may terminate this Agreement at any time by notifying InVision Data, Inc. in writing at the address listed in Section 12 of this Agreement. InVision Data, Inc. may terminate this Agreement at any time and for any reason, including, but not limited to, if you fail to pay your User Fees in accordance with Section 2 of this Agreement or if InVision Data, Inc. finds that you have violated any of the terms of this Agreement or the EULA. You agree to pay InVision Data, Inc. any amounts due under this Agreement within 14 calendar days of the date that this Agreement is terminated. You further agree that any amounts due following such 14 day period will be subject to interest at the rate of 18% compounded daily from and including the due date to and including the date of payment. Sections 2 through 9, 11 and 14 of this Agreement shall survive the termination of this Agreement.
Section 12. Notices.
Any and all notices or other communications required or permitted to be given under this Agreement shall be in writing and shall be deemed given when personally delivered by hand, or when sent by telex, cable or telecopy, or three business days after being deposited in the mail, postage prepaid, if mailed or one business day after being sent by Federal Express or other similar overnight courier addressed as follows:
If to InVision Data, Inc.: InVision Data, Inc. c/o Robert McKenzie, Arnstein & Lehr LLP, 736 North Western Avenue, Ste 398, Lake Forest, IL 60045 USA.
If to you, to the address that you have provided InVision Data, Inc..
Each party shall promptly notify the other parties of any change in its address by notice given as provided in this Section 12.
Section 13. Modifications.
InVision Data, Inc. may, in its sole discretion, change, modify, add or remove portions of this Agreement at any time. InVision Data, Inc. also reserves the right to modify the Website/Service/Software at any time. You may be required to accept such modifications to the Website/Service/Software or this Agreement prior to your continued use of the Website/Service/Software.
Section 14. General.
This Agreement shall be construed, interpreted and governed by the laws of the State of Illinois without regard to its provisions regarding conflicts of laws. The exclusive forum for any disputes arising out of or relating to this Agreement shall be an appropriate federal or state court sitting in the City of Chicago, State of Illinois, U.S.A. This Agreement and the EULA shall constitute the entire agreement between you and InVision Data, Inc.. If any part of this Agreement is found invalid or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be interpreted so as to reasonably effect the intention of the parties.
SCHEDULE A TO SERVICE LEVEL AGREEMENT FOR THE Website/SERVICE/SOFTWARE
Section A. Purpose and Scope.
The purpose of this Schedule A to the Service Level Agreement for the Website/Service/Software (the "SLA") is to define the service levels that InVision Data, Inc. will provide to you in connection with your use of the Website/Service/Software. Capitalized terms used in this Schedule A and not otherwise defined below shall have the meanings given to them in the SLA.
Section B. Service Availability.
All the Website/Service/Software drives will be available except for scheduled downtime (Scheduled Downtime). The Scheduled Downtime will consist of up to eight hours per month. If unplanned, emergency maintenance is required, customers will be notified via email or message board or by other means of the maintenance action and timeframe needed to complete the work.
Section C. Backup Services.
InVision Data, Inc. will make periodic saves (a "Backup") of all data files on all the Website/Service/Software drives. If you lose a file subsequent to the prior Backup, the file will not have been backed up and may not be restored by InVision Data, Inc..
Section D. Restore Services.
If you lose a file and wish that it be restored from a Backup (a "Restore"), you may request a Restore by contacting the Website/Service/Software technical support at support@InVisionData.com. Only the Website/Service/Software service managers may approve a Restore request. You will be charged in accordance with your written agreement for each Restore.
Section E. Customer Support.
InVision Data, Inc. will provide customer support to you, based on the response times set forth below, on a 24 hours per day, 7 days per week, 365 days per year basis. Customer support is available by phone, E-mail and through the Website. Customer support requests deemed by the applicable the Website/Service/Software service manager to be "critical" and not requiring engineering support will be handled within 2 hours if the request is received prior to 5 p.m. CST on a business day and will be handled by 10 a.m. CST the following business day if received after 5 p.m. CST on the prior business day. Customer support requests deemed by the applicable the Website/Service/Software service manager to be "non-critical" and not requiring engineering support will be handled by 10 a.m. CST the following business day. Customer support requests deemed by the applicable the Website/Service/Software service manager to require engineering support will be handled by 12 p.m. on the business day following the day the request is received.
Section F. Security.
The Website/Service/Software offers 128 bit encryption technology on all files stored and transmitted using the Website/Service/Software. the Website/Service/Software requires [PKI authentication] on all clients and servers. The Website/Service/Software may set up personalized password protection on all drives, folders, files and services.
Section G. Service Level Warranties and Service Credit.
There are no Service Level warranties or credits. InVision Data, Inc. shall have no liability and shall not be required to grant credit for any failure to provide the Website/Service/Software: (i) during Scheduled Downtime; (ii) resulting from an event that causes InVision Data, Inc. to be unable to fulfill its obligations to you because of flood, extreme weather, fire or other natural calamity, acts of governmental agencies, war, riot, civil unrest, any single or multiple act(s) of terrorism, work stoppages or strikes, or similar causes beyond the control of InVision Data, Inc.; or (iii) caused, directly or indirectly, by the acts or omissions of your representatives or by unauthorized users of your equipment.
PRIVACY AND INFORMATION SECURITY POLICY OF InVision Data, Inc.
Privacy and the the Website/Service/Software Service
HOW DO WE PROTECT THE SECURITY AND QUALITY OF THE INFORMATION AND FILES STORED ON THE the Website/Service/Software SERVICE?
The Website/Service/Software has been designed to offer the best-in-class security architecture by strong encryption applied exclusively at the client in combination with world-class challenge/response authentication.
Data you place on the Website/Service/Software service may be encrypted before it leaves your computer. This data remains encrypted as it travels to our servers and is not accessible to InVision Data, Inc. or anyone with access to the Website/Service/Software servers. Then, only after it is downloaded by you or those you specifically invite to access your the Website/Service/Software information is it decrypted for use.
We believe that the Website/Service/Software is so secure that information you place on the the Website/Service/Software service are just as secure, if not more secure, than the data stored on servers in your private LANs.
The Website/Service/Software's connection authentication and data encryption components are described briefly here. For a more thorough description, please contact us for the Website/Service/Software Security White Paper.
Connection Authentication. When a the Website/Service/Software client computer connects to the the Website/Service/Software server, Connection Authentication can validate that both are who they say they are. This means that someone else cannot pretend to be a the Website/Service/Software server or client, tricking the Website/Service/Software software into sending it your data. And vice-versa -- no the Website/Service/Software client that you haven't invited to the drive can trick the Website/Service/Software server into sending it data. This authentication is performed through a challenge/response protocol using the RSA Public/Private key pairs of both parties. Every new connection made must successfully complete the challenge protocol. Data Encryption. the Website/Service/Software encrypts your data using RSA 128 bit RC5 data encryption keys. Your data is encrypted with these keys on your the Website/Service/Software client just before it is sent on the wire to the the Website/Service/Software server. Once on the server, it remains protected. At no point after leaving your computer can anyone view the clear text version of your files. Most importantly, we employ a unique encryption key management system so that the usable keys are only available on the client machines. Only the client computer can download and then decrypt the data. Since the usable keys are not available anywhere on the web, no one can view your data by looking at the data contained there. Even the names of your files are changed on the server to meaningless strings so as not to hint at their content.
Privacy and the InVision Data, Inc. Websites
WHAT PERSONALLY IDENTIFIABLE INFORMATION DO WE OBTAIN FROM YOU? WHEN DO WE OBTAIN SUCH INFORMATION?
If, upon visiting our Website, your use is limited to browsing our informational content, we will not require that you provide us with any personally identifiable information.
However, we may request personal information from you at other times. For example:
If you purchase products or services or place orders on our Website, we will ask that you provide us with certain personal information, including your name, credit card number, expiration date, password, e-mail address, mailing address, and telephone If you use the the Website/Service/Software service, we will ask that you provide us with your name, password, e-mail address, mailing address, and telephone number. If you want to enter any contests or promotions sponsored by us [or by one of our business partners], we will need your name, e-mail address and other information as may be required by the rules of the specific contest. If you choose to participate in a customer survey conducted by us or by one of our business partners, we may ask for your name, e-mail address and other information as may be required by the particular survey. If you report a problem or submit a customer review, we will ask that you provide your name and e-mail address, although you can choose not to have your name and/or e-mail address submitted to us. Should you contact us for any reason other than to report a problem and/or submit a review, we may also keep a record and/or copy of your correspondence with us.
HOW DO WE USE YOUR INFORMATION?
Our primary use of your information is to administer, maintain and improve your experience on our Website generally as well as provide you with customized, personalization services and interactive communications.
We may from time to time send you e-mails regarding our Website and special promotions. Also, we occasionally may send you direct mail about products or services that we believe may be of interest to you. We use your financial information (e.g., your credit card number) only to verify your credit and to bill you for products purchased on our Website. We also use your contact information as necessary to send you the products that you have purchased on our Website. When you enter any contests or promotions sponsored by us or by one of our business partners, we may use your e-mail address to send you status updates. We use your IP address to help diagnose problems with our server and to administer the services offered on our Website. We also use your IP address to help identify you and to gather broad demographic information that we may share with our business partners, but only in the aggregate without any of your personally identifiable information. We may research the demographics, interests and behavior of our customers based on the information provided to us upon registration, during promotions and contests, from our server log files, from cookies and from surveys. Our research may be compiled and analyzed on an aggregate basis. We may share this aggregate data with business partners, but only in the aggregate, without any of your personally identifiable information.
PRIVACY POLICIES OF InVision Data, Inc.'s PARTNERS
DO WE SELL OR RENT YOUR PERSONALLY IDENTIFIABLE INFORMATION?
No, as a general rule, we do not sell or rent your personally identifiable information to any one. If and whenever we intend to share your personally identifiable information with a third party (other than to a business partner as provided herein), you will be notified at the time of data collection or transfer, and you will have the option of not permitting the transfer. However, we may from time to time rent or sell demographic information in the aggregate that does not contain your personally identifiable information.
WITH WHOM DO WE SHARE INFORMATION?
We generally will not disclose any of your personally identifiable information except when we have your permission to do so or under some special circumstances described below.
As noted previously, we may from time to time partner with other companies to offer co-branded services as well as sweepstakes, contests and promotions. Any information that you provide in connection with the co-branded services or any jointly sponsored sweepstakes, contests or promotions will become the joint property of InVision Data, Inc. and its business partners. We may also disclose other personal information about you to our business partners, but only if we have obtained your permission to make the disclosure before data collection or before transferring the data. We may, from time to time, offer you the opportunity to receive materials or special offers from third parties. If you want to receive this information, we may (but only with your permission) share your name and e-mail address with them. Under confidentiality agreements, we may match user information with third party data. We also may disclose aggregate demographic and/or user information and statistics in order to describe our customer base to prospective partners and other third parties, and for other lawful purposes. We may disclose your personally identifiable information without your prior permission in special cases. For example, we may have reason to believe that disclosing the information is necessary to identify, contact or bring legal action against someone who may be violating the User Terms and Conditions, or may be causing intentional or unintentional injury or interference to the rights or property of InVision Data, Inc. or any third party, including other customers. Also, we may disclose or access your personally identifiable information when we believe in good faith that law or regulation requires disclosure.
DO YOU HAVE CHOICES ABOUT COOKIES?
Yes, you have several choices with respect to cookies. You can modify your browser preferences to accept all cookies, to notify you when a cookie is set, or to reject all cookies. However, if you choose to reject all cookies, you may not be able to participate in promotions, or purchase any products or services, offered by us if registration is a requirement of participation or purchase.
HOW CAN YOU UPDATE, CORRECT OR DELETE YOUR PERSONALLY IDENTIFIABLE INFORMATION?
You may edit your personally identifiable information and your password at any time by sending an e-mail to support@InVisionData.com and describing the changes to be made.
HOW DO WE PROTECT THE SECURITY AND QUALITY OF YOUR PERSONAL INFORMATION POSTED TO OUR WebsiteS?
We have also taken steps to help protect the integrity of your personal financial information when you complete a purchase transaction on our Website. Specifically, we use VeriSign and Secure Sockets Layer (SSL) software to facilitate confidential online business transactions. VeriSign and SSL help prevent your credit card number, name, address and telephone number from being read by unauthorized persons as this information is transmitted over the Internet. Also, we transfer your personal information to our secure server as soon as we receive your order.
WHAT ELSE SHOULD YOU KNOW ABOUT YOUR ONLINE PRIVACY?
If you have any questions or comments about this Privacy Statement or the practices of our Website, please feel free to e-mail us atsupport@InVisionData.com.
INVISION DATA INCORPORATED USER LEVEL AGREEMENT AND DISCLAIMERS
Please read the following terms and conditions carefully before using this Website or any of InVision Data Incorporated's other Websites. By accessing or using InVision Data Incorporated's sites, you agree to the following terms and conditions. You should review these terms and conditions regularly as they may change at any time at InVision Data Incorporated's sole discretion. If you do not agree to any term or condition, you should not access or otherwise use InVision Data Incorporated's sites. The following terms and conditions apply to all of InVision Data Incorporated's Websites. "Content" refers to any materials, documents, images, graphics, logos, design, audio, video and any other information provided from or on InVision Data Incorporated's Websites.
1.We Provide InVision Data Incorporated's Website For Your Convenience Only.
InVision Data Incorporated's Website is provided to you as a convenience and for your information only. By merely providing access to InVision Data Incorporated's Website content, we do not warrant or represent that:
the content is accurate or complete; the content is up-to-date or current; we have a duty to update any content; the content is free from technical inaccuracies or typographical errors; the content is free from changes caused by a third party; and your access to InVision Data Incorporated's Website will be free from interruptions, errors, computer viruses or other harmful components.
We do not assume any liability for these matters. In other words, your use InVision Data Incorporated's Website is at your own risk. Under no circumstances, including, but not limited to, negligence, shall InVision Data Incorporated be liable for any direct or indirect, special, incidental or consequential damages even if InVision Data, Inc. has been made aware of such damages. This includes loss of data or profit arising out of the use or the inability to use the content of this Website, even if one of InVision Data Incorporated's representatives has been advised of the possibility of your damages. If your use of InVision Data Incorporated's Website results in your need to service, repair or correct equipment or data, you assume the costs to the extent the law allows. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, InVision Data Incorporated's liability is limited to the greatest extent permitted by law.
2.We Provide InVision Data Incorporated's Website (Also Known As the Website/Service/Software) "As Is" and Disclaim All Warranties
InVision Data Incorporated's Website content is provided "as is" and without warranties of any kind, either express or implied. InVision Data, Inc., Incorporated disclaims all warranties, express or implied, including, but not limited to, implied warranties and merchantability and fitness for a particular purpose.
3.We Do Not Have Responsibility for Links to Third Party Content
InVision Data Incorporated may provide hyperlinks or pointers to other Websites maintained by third parties or may provide third party content on InVision Data Incorporated's Website by framing or other methods. The links to third party Websites are provided for your convenience and information only. The content in any linked Websites is not under InVision Data Incorporated's control so InVision Data, Inc., Incorporated are not responsible for the content, including any further links in a third party site. If you decide to access any of the third party sites linked to InVision Data Incorporated's Website, you do this entirely at your own risk. It is up to you to take precautions to ensure that the third party you link to for your use is free of computer viruses, worms, trojan horses and other items of a destructive nature.
4.If InVision Data Incorporated Provide a Link, InVision Data Incorporated Do Not Necessarily Endorse A Third Party
We reserve the right to terminate a link to a third party Website at any time. The fact that InVision Data Incorporated provides a link to a third party Website does not mean that InVision Data Incorporated endorse, authorize or sponsor that Website. It also does not mean that InVision Data Incorporated are affiliated with the third party Website's owners or sponsors.
5.If a Third Party Links to InVision Data Incorporated's Website, It is Not An Endorsement
If a third party links to InVision Data Incorporated's Website, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with us. In most cases, InVision Data Incorporated are not aware that a third party has linked to InVision Data Incorporated's Website.
A Website that links to InVision Data Incorporated's Website:
May link to, but not replicate, InVision Data Incorporated's content; Should not create a browser, border environment or frame InVision Data Incorporated's content; Should not imply that InVision Data Incorporated is endorsing it or its products; Should not misrepresent its relationship with us; Should not present false information about InVision Data Incorporated's products or services; and Should not contain content that could be construed as distasteful, offensive, unlawful or controversial, and should contain only content that is appropriate for all age groups.
6.If You Transmit or Provide Data to InVision Data Incorporated's Website, It is Non-Confidential
InVision Data Incorporated does not want to receive confidential or proprietary information from you through InVision Data Incorporated's Website. If you transmit to or post on InVision Data Incorporated's Website any material, data, information or ideas by any means, it will be treated as non-confidential and non-proprietary and may be disseminated or used by us for any purpose. Personal data provided to us will be handled in accordance with InVision Data Incorporated's policies regarding privacy.
You are not authorized to post on or transmit to or from InVision Data Incorporated's Website any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other content that could give rise to any civil or criminal liability under the law.
7.Your Use of InVision Data Incorporated's Website is Restricted
The content of this site and any other InVision Data, Inc. site is protected by copyright and trademark laws, and is the property of InVision Data, Inc.. Materials located within InVision Data, Inc. sites may be accessed only for your business' use. You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create works from such materials or content or in any way exploit the material or content of a InVision Data, Inc. site. This means, you may download copies of posted materials for business use only, so long as you neither change nor delete any author attribution, trademark, legend or copyright or other proprietary notices. When you download copyrighted material, you do not obtain any ownership rights in that material. As noted above, reproduction, copying, or redistribution of any material within a InVision Data, Inc. site is strictly prohibited without the express written permission of InVision Data, Inc.. You also may not, without InVision Data, Inc.'s permission, "mirror" any materials contained within any InVision Data, Inc. site or any other service. Any unauthorized user of any material contained within any InVision Data, Inc. site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
InVision Data Incorporated's Website and its content are owned and operated by us. InVision Data Incorporated's Website's content is copyrighted and protected by the State of Illinois, U.S. and worldwide copyright laws and treaty provisions. In addition, InVision Data Incorporated's Website content is protected by trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
No content from the Website/Service/Software or any other Website owned, operated, licensed or controlled by us may be copied, reproduced, republished, modified, uploaded, posted, transmitted, or distributed in any way. You also may not, without InVision Data Incorporated's written permission, "mirror" any material contained on InVision Data Incorporated's Website on any other server. The sole exceptions to these restrictions are:
you obtain written permission from us to waive these restrictions; or you may download one copy of the content on a single computer for informational, non-commercial and personal use only, provided you keep intact all copyright and other proprietary notices and do not modify, and will not copy or post, the content on any network computer or broadcast in any media.
Violation of these restrictions will be a violation of one or more laws and is expressly prohibited by law. If you violate these restrictions, you may be subject to civil and criminal penalties. If InVision Data Incorporated grant you permission to waive these restrictions, the permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded materials and printed materials.
8. By Providing Content, InVision Data Incorporated Does Not Allow You to Use InVision Data Incorporated's Trademarks
The trademarks, service marks, and logos used and displayed on InVision Data Incorporated's Website are InVision Data Incorporated's registered and unregistered trademarks. Nothing on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, without InVision Data Incorporated's written permission. InVision Data Incorporated aggressively enforce InVision Data Incorporated's intellectual property rights. The name of InVision Data Incorporated or InVision Data Incorporated's logo may not be used in any way, including in advertising or publicity pertaining to distribution of materials on InVision Data Incorporated's Website, without prior written permission. You are not authorized to use InVision Data Incorporated's logo as a hyperlink to InVision Data Incorporated's Website unless you obtain InVision Data Incorporated's written permission in advance.
9.We Are Not Providing Investment Advice Nor Soliciting Offers
Nothing in this site constitutes investment advice, including InVision Data Incorporated's SEC filings. InVision Data, Inc., Incorporated provide investor relations materials for your convenience and information only. In addition, investor relations materials and InVision Data Incorporated's other Website content are not offers to sell or solicitations of an offer to buy any security.
All investors should know that there are "ups" and "downs" in every business and stock. There are no guarantees about the future performance of the stock market or InVision Data Incorporated's stock. Before you invest in any security, you can protect yourself by being an educated investor. If you are interested in InVision Data Incorporated's stock, InVision Data Incorporated recommend that, at a minimum, you read InVision Data Incorporated's latest annual report and 10-KSB, 10-QSB and 8-K reports to the SEC over the past year. InVision Data Incorporated's recent proxy statements for shareholder meetings also contain important information. It is also advisable to learn more about us and InVision Data Incorporated's industry through a variety of public materials.
InVision Data Incorporated's recent annual reports, 10-KSB and 10-QSB reports and other materials may be accessible through this Website. Other materials InVision Data Incorporated have filed with the SEC may be available through its Website at http://www.sec.gov. You can also visit the SEC at its Washington or various regional offices for the same information or hire a document retrieval service to obtain the filings for you.
10.You Should Not Rely on the Stock Price Information on InVision Data Incorporated's Website
InVision Data Incorporated does not generate the information regarding InVision Data Incorporated stock prices for InVision Data Incorporated's Website. InVision Data Incorporated believes that information on a posted Stock Quote Details page is accurate, but InVision Data Incorporated cannot guarantee or warrant the accuracy, completeness, or timeliness of the information. You should not rely on the stock price information for investment purposes. InVision Data Incorporated is not liable for any loss or damages, whether direct, indirect, incidental, special, consequential, or exemplary, that arise from reliance on information on a Stock Price Details page.
11.Investors Should Not Unduly Rely on Any Forward-Looking Information
InVision Data Incorporated's Website contains information that includes or is based upon forward-looking statements within the meaning of the federal securities laws, specifically the Securities Litigation Reform Act of 1995. Forward-looking statements give InVision Data Incorporated's expectations or forecasts of future events. You can identify these statements by the fact that they do not relate strictly to historical or current facts. They typically use words such as "anticipate," "estimate," "expect," "project," "intend," "plan," "believe," and other similar words. Any or all of InVision Data Incorporated's forward-looking statements here or in other publications may turn out to be wrong.
Forward-looking statements can be affected by inaccurate assumptions or by known or unknown risks and uncertainties. Many such factors will be important in determining InVision Data Incorporated's actual future results. Consequently, no forward-looking statement can be guaranteed. InVision Data Incorporated's actual results may vary materially, and there are no guarantees about the performance of InVision Data Incorporated's stock. Given these uncertainties, you should not place undue reliance on these forward-looking statements. You should see InVision Data Incorporated's SEC filings for more information on these and other factors besides those listed here that could also adversely affect us.
InVision Data Incorporated does not undertake any obligation to publicly release any revisions to any forward-looking statements to reflect changes in events, circumstances or expectations or to reflect the occurrence of unanticipated events after the date on which such statement is made. New factors emerge from time to time, and it is not possible for management to predict all of such factors, nor can it assess the effect of each such factor on InVision Data Incorporated's business or the extent to which any factor, or combination of factors, may cause actual results to differ materially from those indicated by such forward-looking statements.
12.You Must Obey Local Laws in Accessing InVision Data Incorporated's Website
This site is controlled by us from InVision Data Incorporated's offices within the United States of America. InVision Data Incorporated makes no representation that content or materials in the site are appropriate or available for use in other jurisdictions. Access to InVision Data Incorporated's Website content or materials from jurisdictions where such access is illegal or prohibited. If you choose to access this site from other jurisdictions, you do so on your own initiative and are responsible for compliance with applicable local laws. InVision Data Incorporated is not responsible for any law violations. You may not use or export the materials in this site in violation of U.S. export laws and regulations. Any claims relating to InVision Data Incorporated's Website and its content and materials shall be governed by the laws of the State of Illinois without giving effect to any principles of conflicts of laws. You agree that any legal action or proceeding between us for any purpose concerning this Agreement or the parties' obligations shall be brought exclusively in a federal or state court in Illinois.
13.You are Bound by Changes in this Agreement's Terms and Conditions
InVision Data Incorporated may at any time revise these terms and conditions by updating this posting. By using InVision Data Incorporated's Website, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current InVision Data Incorporated Website User Level Agreement and Disclaimers to which you are bound. Certain provisions of these terms and conditions may be superseded by other legal notices or terms located on parts of InVision Data Incorporated's Website.
14.You Agree to Indemnify Us for Using InVision Data Incorporated's Website
You agree to indemnify, defend and hold harmless InVision Data Incorporated, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to us from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement by you.
15.Third Parties May Have Rights Under This Agreement
Some of the provisions of this Agreement are for the benefit of InVision Data Incorporated and its officers, directors, employees, agents, licensors, and suppliers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
16.How This Agreement May Be Terminated
This Agreement may be terminated by either party without notice at any time for any reason; provided that you may no longer use InVision Data Incorporated's Website after you have terminated this Agreement. Provisions 2, 6, 7, 8, 12, 14, and 15 of this Agreement shall survive any termination of this Agreement.
InVision Data Incorporated's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. InVision Data Incorporated may assign InVision Data, Inc's rights and duties under this Agreement to any party at any time without notice to you.
This document is agreed to by the following parties and constitutes the entire agreement. The parties agree to each and every item of this document.
18. Applicable Law
Your use of this web site is governed by the State of Illinois and applicable federal laws.
Your Acceptance of These Terms By using any of the InVision Data Incorporated sites, you acknowledge that you have read, understood, and agree to be bound by the Service Level Agreement. If you do not agree to the terms, do not use this site. Your continued use of any InVision Data Incorporated sites following the posting of changes to these terms will mean that you accept those changes.
(Last modified August 2012)