Privacy Statement

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Website Terms and Conditions

 

The following terms and conditions (the “Terms and Conditions”) govern your use of the

 

Visiboard Web Site with a front page at the visiboard.com domain name (this “Site”). This Site

 

is made available by Inspiraction, LLC d/b/a Visiboard.com. (“Inspiracation” or “we” or “us”).

 

We may change the Terms and Conditions from time to time, and at any time without notice to

 

you, by posting such changes on this Site.

 

BY USING THIS SITE, YOU ACCEPT AND AGREE TO THESE TERMS AND

 

CONDITIONS AS APPLIED TO YOUR USE OF THIS SITE. If you do not agree to these

 

Terms and Conditions, you may not access or otherwise use this Site. We may revoke your right

 

to access this Site at any time for any reason or no reason at all, which shall be in Inspiracation’s

 

sole discretion.

 

1. Proprietary Rights. As between you and us, we own, solely and exclusively, all rights, title and

 

interest in and to this Site, all the content, code, data, and materials thereon, the look and feel,

 

design and organization of this Site, and the compilation of the content, code, data and materials

 

on this Site, including but not limited to any copyrights, trademark rights, servicemark rights,

 

trade-dress rights, patent rights, database rights, moral rights, sui generis rights and other

 

intellectual property and proprietary rights inherent therein or appurtenant thereto. Your use of

 

this Site does not grant to you ownership of any content, code, data, or materials you may access

 

on this Site. Any commercial distribution, publishing or exploitation of this Site is strictly

 

prohibited. You may view the content on this Site on your computer or other internet-compatible

 

device, and make single copies or prints of the content on this Site for your non-commercial,

 

internal, or personal use only. Any copies you make must retain Inspiracation’s proprietary

 

notices. You may not otherwise copy, reproduce, publish, display, distribute, or otherwise

 

exploit any content, code, data or materials on this Site. If you make other use of this Site, except

 

as otherwise provided above, you may violate copyright and other laws of the United States,

 

other countries, as well as applicable state laws and may be subject to liability for such

 

unauthorized use.

 

2. Trademarks. “VISIBOARD” and the Visiboard Logo are registered trademarks of

 

Inspiracation and may not be used in connection with products and/or services that are not

 

related to, associated with, or sponsored by us, or that are likely to cause customer confusion, or

 

in any manner that disparages or discredits us or our affiliates, or tarnishes us or our intellectual

 

property. All other trademarks or servicemarks not owned by us that appear on this Site, if any,

 

are the property of their respective owners.

 

3. Third Party Web Sites. You acknowledge and agree that we have no responsibility for the

 

information, content, products, services, advertising, code or other materials which may or may

 

not be provided by or through web sites to which you may link from this Site (collectively,

 

“Linked Sites”). Links to Linked Sites do not constitute an endorsement by us of such web sites

 

or the information, content, products, services, advertising, code or other materials presented on

 

or through such web sites.

 

4. DISCLAIMER OF WARRANTIES. THIS SITE, INCLUDING, WITHOUT

 

LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS, IS

 

FTLDOCS 7197452 1 42454.0001

 

PROVIDED "AS IS," "AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND,

 

EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY

 

WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR

 

FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND

 

ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. NO ADVICE, RESULTS OR

 

INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US

 

OR THROUGH THIS SITE SHALL CREATE ANY WARRANTY. THE CONTENT OF

 

THIS SITE IS DESIGNED TO PROVIDE INFORMATION ON MATTERS OF

 

INTEREST AND THE SERVICES AVAILABLE FROM US ONLY, AND DOES NOT

 

CONSTITUTE PROFESSIONAL ADVICE OF ANY KIND, NOR ANY OTHER

 

ATTEMPT TO SOLICIT BUSINESS OR OFFER SERVICES. SINCE LAW AND

 

REGULATIONS CHANGE CONTINUALLY AND UNINTENTIONAL ERRORS CAN

 

OCCUR, THE INFORMATION ON THIS SITE MAY NEITHER BE UP TO DATE NOR

 

ACCURATE. INSPIRICATION ACCEPTS NO LIABILITY FOR ANY LOSS ARISING

 

AS A RESULT OF ANY ACTION TAKEN OR REFRAINED FROM AS A RESULT OF

 

INFORMATION CONTAINED ON THIS SITE OR ANY OTHER SITES TO WHICH

 

THIS SITE MAY BE LINKED. PLEASE CONTACT US FOR SPECIFIC ADVICE ON

 

ANY AREA OF INTEREST. IF YOU ARE DISSATISFIED WITH THIS SITE, YOUR

 

SOLE REMEDY IS TO DISCONTINUE USING THIS SITE.

 

5. LIMITATION OF LIABILITY. IN NO EVENT SHALL INSPIRICATION OR ANY

 

OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, OR

 

CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED

 

ENTITIES” OR SINGULARLY A “PROTECTED ENTITY”) BE LIABLE FOR ANY

 

DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY

 

OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY

 

RELATED TO, THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE

 

CONTENT, MATERIALS, AND FUNCTIONS RELATED THERETO, LOST

 

BUSINESS, OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN

 

ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO

 

NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR

 

INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE

 

LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE

 

TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR

 

ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT

 

OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE)

 

ARISING FROM THE TERMS AND CONDITIONS OR YOUR USE OF THIS SITE

 

EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO

 

INSPIRICATION DIRECTLY IN EXCHANGE FOR YOUR USE OF THIS SITE.

 

6. Applicable Laws. We control and operate this Site from our office in the United States of

 

America. We do not represent that materials on this Site are appropriate or available for use in

 

other locations. Persons who choose to access this Site from other locations do so on their own

 

initiative, and are responsible for compliance with local laws, if and to the extent local laws are

 

applicable.

 

FTLDOCS 7197452 1 42454.0001

 

7. Miscellaneous. The Terms and Conditions, and the relationship between you and us, shall be

 

governed by the laws of the State of Florida, without regard to its conflict of law provisions. You

 

agree that if any dispute, controversy or claim arises under these Terms and Conditions, and this

 

Site in general, either party may, upon written notice to the other party, request facilitated

 

negotiations. Such negotiations shall be assisted by a neutral facilitator acceptable to both parties

 

and shall require the best efforts of the parties to discuss with each other in good faith their

 

respective positions and, respecting their different interests, to finally resolve such dispute.

 

Each party may disclose any facts to the other party or to the facilitator, which it, in good faith,

 

considers necessary to resolve the dispute. However, all such disclosures will be deemed in

 

furtherance of settlement efforts and will not be admissible in any subsequent litigation against

 

the disclosing party. Except as agreed by both parties, the facilitator shall keep confidential all

 

information disclosed during negotiations. The facilitator shall not act as a witness for either

 

party in any subsequent arbitration between the parties.

 

Such facilitated negotiations shall conclude within sixty days from receipt of the written notice

 

unless extended by mutual consent. The parties may also agree at any time to terminate or waive

 

facilitated negotiations. The costs incurred by each party in such negotiations will be borne by it;

 

the fees and expenses of the facilitator, if any, shall be borne equally by the parties.

 

If any dispute, controversy or claim arises under the Terms and Conditions, and this Site in

 

general, and cannot be resolved by facilitated negotiations (or the parties agree to waive that

 

process) then such dispute, controversy or claim shall be settled by arbitration. The arbitration

 

proceeding shall take place in Fort Lauderdale, Florida, unless the parties agree to a different

 

locale. The proceeding shall be governed by the provisions of the Federal Arbitration Act

 

("FAA") or, if a court of competent jurisdiction determines the FAA inapplicable, by the laws of

 

the state in which the proceeding is to take place. In any arbitration instituted hereunder, the

 

proceedings shall proceed in accordance with the then current Arbitration Rules for Professional

 

Accounting and Related Disputes of the American Arbitration Association, except that no pre-

 

hearing discovery shall be permitted unless specifically authorized by the arbitration panel.

 

Such arbitration shall be conducted before a panel of three persons, one chosen by each party and

 

the third selected by the two party-selected arbitrators. The arbitration panel shall have no

 

authority to award non-monetary or equitable relief, and any monetary award shall not include

 

punitive damages. The confidentiality provisions applicable to facilitated negotiation shall also

 

apply to arbitration. The award issued by the arbitration panel may be confirmed in a judgment

 

by any federal or state court of competent jurisdiction.

 

Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not

 

constitute a waiver of such right or provision. If any provision of the Terms and Conditions is

 

found by an arbitration panel or a court of competent jurisdiction to be invalid, the parties

 

nevertheless agree that the arbitration panel or court should endeavor to give effect to the parties'

 

intentions as reflected in the provision, and the other provisions of the Terms and Conditions

 

remain in full force and effect. The headings in these Terms and Conditions are for reference

 

only and do not affect the substance of the text of these Terms and Conditions.

 

Last revised: December 19, 2016.