If there's a vision, there's a way.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE, AND ANY APPLICATIONS, SOFTWARE, DATA OR SERVICES (COLLECTIVELY THE "SERVICES"). THESE TERMS OF USE (THE "TERMS OF USE") GOVERN YOUR ACCESS TO AND USE OF THE SERVICES. THE SERVICES ARE AVAILABLE FOR YOUR USE ONLY ON THE CONDITION THAT YOU AGREE TO THE TERMS OF USE SET FORTH BELOW. IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF USE, DO NOT ACCESS OR USE THE SERVICES. BY ACCESSING OR USING THE SERVICES, YOU AND THE ENTITY YOU ARE AUTHORIZED TO REPRESENT ("YOU" OR "YOUR") SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS OF USE.

User Eligibility

The Services are provided by Visionary People, hereafter known as VP, and available only to entities and persons over the age of legal majority who can form legally binding agreement(s) under applicable law. If You (as defined above) do not qualify, You are not permitted to use the Services.

Scope of Terms of Use

These Terms of Use govern Your use of Services (as defined above), except to the extent such Services are the subject of a separate agreement. Specific terms or agreements may apply to the use of certain Services and other items provided to You ("Service Agreement(s)"). Any such Service Agreements accompany the applicable Services or are listed in association with or through a hyperlink associated with the applicable Services. 

Modifications

VP may revise and update these Terms of Use at any time.  Your continued usage of the Services after any changes to these Terms of Use will mean You accept those changes. Any aspect of the Services may be changed, supplemented, deleted or updated without notice at the sole discretion of VP. VP may also change or impose fees for the Services at any time in its sole discretion. VP may establish or change, at any time, general practices and limits concerning other VP products and services in its sole discretion.

VP Privacy Policy

The VP Privacy Policy governs the use of information collected from or provided by You though the Services. With respect to any individual whose personal information is provided by You to VP, You represent to VP that You have obtained all necessary consents for the processing of such personal information contemplated by the Services You are using and by the VP Privacy Policy, including the transfer of such data to the United States or other countries whose laws may not provide the same level of protection for the personal data as the laws of the country of origin of such individual.

Privacy Policy

License and Ownership

Any and all intellectual property rights ("Intellectual Property") associated with the Services and its contents (the "Content") are the sole property of VP, its affiliates or third parties. The Content is protected by copyright and other laws in both the United States and other countries. Elements of the Services are also protected by trade dress, trade secret, unfair competition, and other laws and may not be copied or imitated in whole or in part. All custom graphics, icons, and other items that appear with the Services are trademarks, service marks or trade dress ("Marks") of VP, its affiliates or other entities that have granted VP the right and license to use such Marks and may not be used or interfered with in any manner without the express written consent of VP. Except as otherwise expressly authorized by these Terms of Use, You may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property of the Services in any way without VP's or the appropriate third party's prior written permission. Except as expressly provided herein, VP does not grant to You any express or implied rights to VP or any third party Intellectual Property.

VP grants You a limited, personal, nontransferable, nonsublicensable, revocable license to (a) access and use only Services only in the manner presented by VP, and (b) access and use the VP computer and network services offered within the website (the "VP Systems") only in the manner expressly permitted by VP. Except for this limited license, VP does not convey any interest in or to the VP Systems, information or data available via the VP Systems (the "Information"), Content, Services or any other VP property by permitting You to access the Services. Except to the extent required by law or as expressly provided herein, none of the Services, Content and/or Information may be reverse-engineered, modified, reproduced, republished, translated into any language or computer language, re-transmitted in any form or by any means, resold or redistributed without the prior written consent of VP. You may not make, sell, offer for sale, modify, reproduce, display, publicly perform, import, distribute, retransmit or otherwise use the Services, Content and/or Information in any way, unless expressly permitted to do so by VP.

Restrictions on Use of the Website and Services

In addition to other restrictions set forth in these Terms of Use, You agree that:

(a) You shall not disguise the origin of information transmitted through the website or the Services.
(b) You will not place false or misleading information on the website or the Services.
(c) You will not use or access any service, information, application or software available via the website or the Services in a manner not expressly permitted by VP.
(d) You will not input or upload to the website or the Services any information which contains viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, the website, Services or Information or that infringes the Intellectual Property rights of another.
(e) Certain areas of the website or the Services are restricted to customers of VP.
(f) You may not use or access the website or the VP Systems or Services in any way that, in VP's judgment, adversely affects the performance or function of the VP Systems, Services or the website or interferes with the ability of authorized parties to access the VP Systems, Services or the website.
(g) You may not frame or utilize framing techniques to enclose any portion or aspect of the Content or the Information, without the express written consent of VP.

Links

Outbound Links. The Services may contain links to third-party websites and resources (collectively, "Linked Sites"). These Linked Sites are provided solely as a convenience to You and not as an endorsement by VP of the content on such Linked Sites. VP makes no representations or warranties regarding the correctness, accuracy, performance or quality of any content, software, service or application found at any Linked Site. VP is not responsible for the availability of the Linked Sites or the content or activities of such sites. If You decide to access Linked Sites, You do so at Your own risk. In addition, Your use of Linked Sites is subject to any applicable policies and terms and conditions of use, including but not limited to, the Linked Site's privacy policy.

(b) Inbound Links. Linking to any page of the website or Services other than to http://www.VisionaryPeople.com through a plain text link is strictly prohibited in the absence of a separate linking agreement with VP. Any website or other device that links to http://www.VisionaryPeople.com or any page available therein is prohibited from (a) replicating Content, (b) using a browser or border environment around the Content, (c) implying in any fashion that VP or any of its affiliates are endorsing it or its products, (d) misrepresenting any state of facts, including its relationship with VP or any of its affiliates, (e) presenting false information about VP products or services, and (f) using any logo or mark of VP or any of its affiliates without express written permission from VP.

VP Accounts

If You use the Services or open a VP account on behalf of a company, organization, or other entity, then (a) “You” as referenced in these Terms of Use includes you and that entity, and (b) You represent and warrant that You are an authorized representative of the entity with the authority to bind the entity to the Terms of Use, and that You agree to the Terms of Use on the entity’s behalf. By connecting to VP with a third-party service, You give VP permission to access and use Your information from that service as permitted by that service, and to store your log-in credentials for that service as well as information gathered from friends’ lists and contacts. VP uses web site navigational information about VP members and web site visitors to operate and improve VP's websites and Services. VP may also use web site navigational information alone or in combination with data about VP members to provide personalized information from VP.

Information from Third Parties

VP may receive information about You from third parties. For example, if you access the VP Services through a third-party connection or login, for example, through Facebook Connect, by “following,” “liking,” adding the VP application, linking your account to the VP, etc., that third party may pass certain information about Your use of its service to VP. This information could include, but is not limited to, the user ID associated with Your account (for example, your Facebook UID), an access token necessary to access that service, any information that You have permitted the third party to share with us including contacts or “Friends,” and any information You have made public in connection with that service. If You allow us access to Your friends list, Your friends’ user IDs, and Your connection to those friends, may be used and stored to make Your experience more social, and to allow You to invite Your friends to use our Service as well as provide you with updates if and when Your friends join VP. Friends list information and shared contacts may also be used to improve VP’s service. You should always review, and if necessary, adjust Your privacy settings on third-party websites and services before linking or connecting them to the Services.

Submissions

VP does not accept ideas, concepts, or techniques for new services or products through the website or Services ("Comments").  If such Comments are received, You acknowledge that (a) they will not be considered confidential or proprietary, (b) VP and its affiliates are under no obligation to keep such information confidential, and (c) VP will have an unrestricted, irrevocable, world-wide, royalty-free right to use, communicate, reproduce, publish, display, distribute, and exploit such Comments in any manner it chooses. 

Copyright

We respect the intellectual property of others and ask that you do too. We respond to notices of alleged copyright infringement if they comply with the law, and such notices should be reported using our DMCA Process. We reserve the right to delete or disable content alleged to be infringing and terminate accounts of repeat infringers. Our designated agent for notice of alleged copyright infringement on the Services is:

Copyright Agent
Visionary People
Post Office Box 1599
Danville, CA 94526
inquiries@visionarypeople.co

Termination

You agree that VP, in its sole discretion, may terminate or suspend Your use of the Services at any time and for any or no reason in its sole discretion, even if access and use continues to be allowed to others.  Upon such suspension or termination, You must immediately (a) discontinue use of the Services, and (b) destroy any copies You have made of any portion of the Content.  Accessing the Services after such termination, suspension or discontinuation shall constitute an act of trespass.  Further, You agree that VP shall not be liable to You or any third party for any termination or suspension of Your access to the Services.

Disclaimer of Warranties

VP MAKES NO REPRESENTATIONS ABOUT THE RESULTS TO BE OBTAINED FROM USING THE SERVICES.  THE USE OF SAME IS AT YOUR OWN RISK.

THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS.  VP, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE.  VP AND ITS AFFILIATES, LICENSORS AND SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, SECURITY OR TIMELINESS OF THE SERVICES.  NO INFORMATION OBTAINED BY YOU FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED BY VP IN THESE TERMS OF USE.

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTY, SO THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU.  IF YOU ARE DEALING AS A CONSUMER, YOUR STATUTORY RIGHTS THAT CANNOT BE WAIVED, IF ANY, ARE NOT AFFECTED BY THESE PROVISIONS.  YOU AGREE AND ACKNOWLEDGE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND WARRANTY PROVIDED IN THESE TERMS OF USE ARE FAIR AND REASONABLE

Limitation of Liability

TO THE EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT VP IS OTHERWISE FOUND RESPONSIBLE FOR ANY DAMAGES, VP IS RESPONSIBLE FOR DIRECT DAMAGES ONLY.  TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL VP, ITS AFFILIATES, ITS LICENSORS, ITS SUPPLIERS OR ANY THIRD PARTIES MENTIONED AT THE WEBSITE OR THROUGH THE SERVICES BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM THE USE, UNAUTHORIZED USE, OR INABILITY TO USE THE SERVICES WHETHER BASED ON WARRANTY, CONTRACT, TORT, DELICT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT VP IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  TO THE EXTENT PERMITTED BY LAW, THE REMEDIES STATED FOR YOU IN THESE TERMS OF USE ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS OF USE. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, VP’S MAXIMUM AGGREGATE LIABILITY TO YOU ARISING FROM OR RELATING TO THE SERVICES OR THESE TERMS OF USE OR THE SUBJECT MATTER HEREOF, UNDER ANY LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE), WILL IN NO EVENT EXCEED TEN DOLLARS ($10.00).

Compliance with Law Including Export Control

You agree to use the Services in strict compliance with all applicable laws, rulings and regulations and in a fashion that does not, in the sole judgment of VP, negatively reflect on the goodwill or reputation of VP and shall take no actions which would cause VP to be in violation of any laws, rulings or regulations applicable to VP.

VP and the Services are based in the United States. The United States and certain other jurisdictions control the export of products and information. You agree to comply with all such applicable restrictions and not to export or re-export the Content (including any software or the Services) to countries or persons prohibited under the United States or other applicable export control laws or regulations. If You access and download the Content (including any software or the Services) or Information, You represent that You are not in a country where such export is prohibited or are not a person or entity to which such export is prohibited. You are solely responsible for compliance with the laws of Your local jurisdiction and any other applicable laws regarding the import, export, or re-export of the Content (including any software or the Services).

Jurisdiction

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY EXPRESSLY AGREE THAT ANY PROCEEDING ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES SHALL BE INSTITUTED IN A STATE OR FEDERAL COURT SITTING IN LOS ANGELES COUNTY, STATE OF CALIFORNIA, UNITED STATES OF AMERICA AND YOU EXPRESSLY WAIVE ANY OBJECTION THAT YOU MAY HAVE NOW OR HEREAFTER TO THE LAYING OF THE VENUE OR TO THE JURISDICTION OF ANY SUCH PROCEEDING.  YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE.

Governing Law and Language

To the fullest extent permitted by law, these Terms of Use are governed by the internal substantive laws of the State of California, U.S.A. excluding (i) California's conflicts of laws principles; (ii) the United Nations Convention on Contracts for the International Sale of Goods; (iii) the 1974 Convention on the Limitation Period in the International Sale of Goods; and (iv) the Protocol amending the 1974 Convention, done at Vienna April 11, 1980.  To the fullest extent permitted by law, the controlling language for these Terms of Use is English. 

General

You may not assign these Terms of Use or any of Your interests, rights or obligations under these Terms of Use.  If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.  No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Written Document

You may preserve these Terms of Use in written form by printing them for Your records, and You waive any other requirement that these Terms of Use be evidenced by a written document.

Complete Agreement

EXCEPT AS EXPRESSLY PROVIDED IN A SEPARATE LICENSE, SERVICE OR OTHER WRITTEN AGREEMENT BETWEEN YOU AND VP, THESE TERMS OF USE CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND VP WITH RESPECT TO THE USE OF THE SERVICES AND ANY INFORMATION AND CONTENT CONTAINED THEREIN, AND SUPERSEDE ALL DISCUSSIONS, COMMUNICATIONS, CONVERSATIONS AND AGREEMENTS CONCERNING THE SUBJECT MATTER HEREOF. 

Customer Service

Questions or comments regarding the Services may be submitted to VP Customer Service.

Terms of Use