IMPORTANT NOTICE REGARDING ACCEPTANCE OF TERMS: BY USING THIS WEBSITE, YOU AGREE TO ALL THE TERMS STATED HEREIN (THE "AGREEMENT"). YOUR CONTINUED USE OF THIS WEBSITE FOLLOWING THE POSTING OF CHANGES TO THESE TERMS WILL CONSTITUTE ACCEPTANCE OF THOSE CHANGES; THEREFORE, PLEASE CONSULT THIS PAGE BEFORE EACH USAGE OF THIS WEBSITE (THE "WEBSITE").
1. ACCEPTANCE OF TERMS.
The foregoing statement of acceptance of terms is incorporated herein.
Vizual Edge, L.L.C. may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Vizual Edge, L.L.C. has no control over such sites and resources, you acknowledge and agree that Vizual Edge, L.L.C. is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. VIZUAL EDGE, L.L.C. SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF, OR IN RELIANCE ON, ANY SUCH CONTENT, OR GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH WEBSITE OR RESOURCE.
Vizual Edge, L.L.C. cares about your online privacy. As such, Vizual Edge, L.L.C. does not share any information that it collects from you while you visit our Website. Vizual Edge, L.L.C. does not collect any personal information other than what you freely provide while using this website and, if applicable, the software. This includes information you provide when requesting to become a member of one of our mailing lists, or filling out an online purchase order as well as input and results received by usage of the software. In general, the information that you provide to Vizual Edge, L.L.C. is used for the purposes of evaluation, training, and any other use incident to use of the software as well as for completing a purchase order or keeping you informed of current Vizual Edge, L.L.C. activities, events, or updates. By using this Website you consent to the collection and use of your personal information by Vizual Edge, L.L.C. as outlined in this paragraph.
4. LIMITATION OF VIZUAL EDGE, L.L.C.'S LIABILITY.
You expressly understand and agree that Vizual Edge, L.L.C., its subsidiaries and affiliates, and their respective agents, officers, and directors, shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use of property, or data, or other intangible losses, even if Vizual Edge, L.L.C. has been advised of the possibility of such damages, resulting from: (i) your or anyone else's use of or inability to use the Website; (ii) unauthorized access to or alteration of information you transmit; (iii) statements or conduct of any third party on the Website; or (iv) any other matter relating to the Website. Your sole remedy, and that of any other persons or entities, for any breach of duty by Vizual Edge, L.L.C. in connection with this Website or the use thereof, whether arising under this Agreement or otherwise, shall in no event exceed actual damages suffered in a total amount, for all claims in aggregate, of $1,000.00 per injured party, and then only if the injured party has first given Vizual Edge, L.L.C. a reasonable amount of time to cure the breach after written notice thereof and Vizual Edge, L.L.C. fails to make reasonable efforts to cure the breach within such reasonable time. Any claim by a user or other person is barred if not made in writing to Vizual Edge, L.L.C. within six (6) months after the occurrence of the act(s) or omission(s) complained of.
All content included on this Website, such as text, graphics, logos, button icons, images, audio or video clips or software is the property solely of Vizual Edge, L.L.C. or its content suppliers and protected by U.S. and international copyright laws, and other proprietary rights and laws. By using this Website, you convey to Vizual Edge, L.L.C. any ownership or moral rights you might otherwise have in your transmissions. The compilation (meaning the collection, arrangement, and assembly) of all content on this Website, and all software used on this Website, is also the property of Vizual Edge, L.L.C. or its software suppliers and protected by U.S. and international copyright laws. The copying, reproduction, modification, distribution, transmission, republication, display, or performance of the content or software appearing on this Website, except such machine copying as may be necessary to facilitate your individual, non-commercial, on-line use of the Website under the terms of this Agreement, is strictly prohibited.
6. NO MODIFICATION OF TERMS.
The terms and conditions appearing in this Agreement may not be modified, replaced, deleted, waived, or supplemented, in whole or part, by any course of dealing, usage of trade, or course of performance; or by any oral or electronic communication (including any oral statements by employees or agents of Vizual Edge, L.L.C.); or by terms appearing in any acknowledgment, purchase order, or other document, whether supplied by you or any other person or entity. Any purported additional or different terms shall be void and of no effect.
7. ENFORCEMENT AND INTERPRETATION OF AGREEMENT.
This Agreement shall be governed and construed in accordance with the laws of the State of Illinois, without regard to the conflicts of laws principles or rules of Illinois or any forum. All disputes arising under or in connection with this Agreement shall be determined by courts located in the state of Illinois, and you agree to the exclusive jurisdiction of such courts for the purpose of resolving such disputes. If any provision of this Agreement shall be held to be void or unenforceable by any judicial or administrative authority, or shall be unlawful or unenforceable under any applicable law, the remaining provisions shall be deemed to be severable and their enforceability shall not be affected or impaired in any way by reason of such law or holding, and the affected provisions shall be deemed automatically modified and reformed by the minimum necessary to render them valid and enforceable, with a court of competent jurisdiction to determine the extent of such modifications. You agree that Vizual Edge, L.L.C., will be irreparably injured and without an adequate remedy at law in the event of a breach by you of the provisions of this Agreement; therefore, without posting bond or waiving any other remedies at law or in equity, Vizual Edge, L.L.C. shall be entitled to preliminary and permanent injunctive relief and specific performance in the event of a breach or threatened breach of such provisions, without posting bond and without thereby waiving any other remedies at law or otherwise.
8. WEBSITE WARRANTY DISCLAIMER.
THIS WEBSITE IS PROVIDED BY VIZUAL EDGE, L.L.C. ON AN "AS IS" BASIS. VIZUAL EDGE, L.L.C. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, SOFTWARE, OR PRODUCTS INCLUDED ON THIS WEBSITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, VIZUAL EDGE, L.L.C. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND IMPLIED WARRANTIES OF GOOD OR MERCHANTABLE TITLE OR OF NON-INFRINGEMENT OF PROPRIETARY RIGHTS. VIZUAL EDGE, L.L.C. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. VIZUAL EDGE, L.L.C. CANNOT AND DOES NOT WARRANT THAT THE USE OF THIS WEBSITE WILL NOT RESULT IN THE TRANSMISSION OF COMPUTER VIRUSES. THE CONTENT OF THIS WEBSITE HAS BEEN PREPARED OR COMPILED BY VIZUAL EDGE, L.L.C. FOR INFORMATIONAL PURPOSES ONLY AND IS NOT MEDICAL ADVICE NOR IS IT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON VIZUALEDGE.COM. WE ENCOURAGE YOU TO CONTACT US VIA EMAIL OR OTHER MEANS WITH YOUR COMMENTS, BUT WE CANNOT AND WILL NOT PROVIDE MEDICAL ADVICE. NEITHER THE WEB PAGES OF VIZUAL EDGE, L.L.C. NOR ITS PRODUCTS HAVE BEEN REVIEWED OR APPROVED BY THE FOOD AND DRUG ADMINISTRATION OR ANY OTHER GOVERNMENTAL BODY.
9. NOTICE SPECIFIC TO SOFTWARE PRODUCTS.
ANY SOFTWARE PRODUCT ("SOFTWARE") MADE AVAILABLE FOR PURCHASE OR DOWNLOAD IS THE COPYRIGHTED WORK OF VIZUAL EDGE, L.L.C. AND/OR ITS SUPPLIERS. USE OF THE SOFTWARE IS GOVERNED BY THE TERMS OF THE END USER LICENSE AGREEMENT, IF ANY, WHICH ACCOMPANIES OR IS INCLUDED WITH THE SOFTWARE ("LICENSE AGREEMENT"). IF YOU DO NOT AGREE TO THE TERMS OF THE LICENSE AGREEMENT, YOU ARE NOT AUTHORIZED TO USE THE SOFTWARE. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, VIZUAL EDGE, L.L.C. HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.