This website www.vcslate.com ("Site", "Website") is owned and operated by VisorCraft, LLC ("VisorCraft", "VISORCRAFT").
VisorCraft® is registered with the United States Patent and Trademark Office under the Registered Trademark Serial #86380655.
This is an important document which you must consider carefully when choosing whether to use our Website at any time.
Please note that we may close, suspend, or limit your access to your account ("Account") on our Website or the Services provided by us on the Website ("Service", "Services", "The Service") if you carry out activities which are in contravention of this User Agreement and its associated policies incorporated by reference. VisorCraft cannot be held accountable for the loss of data; it is entirely your responsibility to protect your data by both abiding by these Terms and taking frequent backups.
The Service is offered subject to your acceptance without modification of all of the Terms of Service contained herein, including the provisions calling for arbitration of disputes that may arise out of use of the Service, and all other operating rules, policies (including, without limitation, VisorCraft's Privacy Policy) and procedures that may be published from time to time on this website by VisorCraft (collectively, the "Terms").
This Terms of Service Of Use was last modified April 6, 2015.
1. Definitions
1.1 The terms "You", "Your", "User", or "Users" refer to anyone accessing our Services or Site for any reason.
1.2 The terms "We", "Our", "Us", or "VisorCraft" refers to VisorCraft, LLC.
2. Acceptance Of Terms of Service Of Use
2.1 Your access to and use of our Website is subject exclusively to these Terms of Service. You will not use the Website for any purpose that is unlawful or prohibited by these Terms of Service.
2.2 You agree that you will not access or attempt to access the Website or Services other than through the interface that is provided by our Website, unless you have specifically been permitted to do so in a separate written agreement signed by an authorized representative of VisorCraft. You specifically agree not to access or attempt to access the Website, or any portion thereof, through any automated means, including but not limited to the use of scripts or web crawlers. You agree that you will not engage in any activity that disrupts or otherwise interferes with the Website (or the servers and networks which are connected to the Website). You agree that you will not duplicate, reproduce, copy, sell, trade or resell the Website for any purpose. You agree that you are solely responsible for any breach of your obligations under this Policy & Agreement and for the consequences (including any loss or damage which VisorCraft may suffer) of any such breach.
2.3 By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms of Service you must immediately stop using the Website.
2.4 VisorCraft offers its Services to its Users. We shall have absolute discretion as to whether or not we accept a particular applicant or site for participation in the service. The Site is available only to individuals or corporate entities that can form legally binding contracts under applicable law. Without limiting the foregoing, this Site is not available to persons under 18 years of age. If Users do not qualify, they cannot use any of VisorCraft's Services including, but not limited to, those that require the User's ability to form legally binding contracts. Each User is responsible for what occurs on their Account and must report any unauthorised use of their Account to us.
2.5 By accessing or using any part of the Site and/or Service, you agree to be bound by the Terms. If you do not agree to the Terms, then you may not access or use the Service. VisorCraft may amend the Terms from time to time and will provide notice of any substantive changes on this website. Continued usage of the Service constitutes acceptance of the amended Terms.
3. User Responsibilities
By using the Service, you assume responsibility for your use of the Service and agree not to use it in ways not explicitly authorized by VisorCraft. You represent and warrant that you own and control all of the rights to the Content that you upload using the Service, or you otherwise have the right to upload the Content on the Service; and represent and warrant that the use and uploading of the Content you supply does not violate the Terms, will not violate any rights of or cause injury to any person or entity, and will not otherwise create any harm or liability of any type for us or for third parties. Using the Service means that you will:
3.1 Only add phone numbers whose owners have expressly agreed to receive text messages from VisorCraft.
3.2 Comply with all applicable laws and regulations.
3.3 Not infringe on the intellectual property or privacy of others.
3.4 Only upload Content that is not pornographic, libelous or defamatory, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party.
3.5 Fully comply with any third-party licenses relating to the Content, and have completed all acts necessary to successfully pass through to end users any required terms.
3.6 Ensure that the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content.
3.7 Ensure that the Content is not spam, is not machine- or randomly-generated, and does not contain commercial content.
3.8 Ensure that the Content is not being uploaded in connection with any unlawful acts.
3.9 Comply strictly with any carrier agreements and terms associated with your mobile device.
3.10 Not attempt to disrupt the Service.
3.11 Not copy, alter or distribute any content made available for your viewing through your Service.
4. Billing, Cancellations and Terminations
4.1 You agree to have your subscription paid automatically through PayPal at the original billing cycle you chose. If you want to change your billing cycle, you must provide us notice at least 7 days prior to the end of your current billing cycle.
4.2 All invoices must be paid on or before the "Next payment due" date. If payment is not made and 5 days have elapsed since the date payment was due, VisorCraft reserves the right to suspend your Service and after a further 14 days terminate Services and delete the your software, content and any other data that forms part of the Services.
4.3 Fair Credit Billing Act: We guarantee that every online transaction you make will be 100% safe. This means you pay nothing if unauthorized charges are made to your card as a result of shopping at our online store. Under the Fair Credit Billing Act, your bank cannot hold you liable for more than $50.00 for fraudulent charges. If your bank does hold you liable for any of this $50.00, we will cover the entire liability for you, up to the full $50.00. We will only cover this liability if the unauthorized use of your credit card resulted through no fault of your own from purchases made while using our secure server. In the event of unauthorized use of your credit card, you must notify your credit card provider in accordance with its reporting rules and procedures.
4.4 Accepted payment methods: PayPal (how you fund the transaction through PayPal is your choice).
4.5 You can cancel at anytime and the cancellation will take effect immediately once processed. No refund shall be provided for any unused service within your current billing cycle in the event of cancellation. For example, if you sign up on the yearly billing cycle and cancel 10 months into the 12 month cycle, you shall not be refunded for the remaining balance.
4.6 Upon termination VisorCraft shall be permitted to disable your access to its Services and for it to delete any data stored on its computer systems.
5. VisorCraft Messages and Consent
5.1 Consent to add phone numbers. VisorCraft makes it easy for you to add phone numbers to your reminder profiles so that you can separate reminders (such as Reminders, Budget Reminders and Warranty Reminders) to different numbers.
5.2 You represent and warrant to us that each phone number you add has the consent of the associated phone number's owner (re: the person reliable for the account with the phone number's wireless carrier), and that aforementioned owner has consented to receive text messages from VisorCraft. We do due diligence to ensure such consent by requiring a verification code to be entered when the phone number is entered and elected to receive messages.
5.3 Consent to receive periodic messages from VisorCraft. As part of the Service, VisorCraft sometimes causes administrative messages to be sent to the phone numbers elected to receive messages. For example, upon adding a new phone number and electing to receive messages, such new phone number will receive a verification code message. VisorCraft may send other administrative messages as well.
5.4 BY SIGNING UP FOR THE SERVICE, YOU AGREE TO RECEIVE TEXT MESSAGES FROM VisorCraft, AND YOU REPRESENT AND WARRANT THAT THE OWNER OF EACH PHONE NUMBER YOU ADD HAS CONSENTED TO RECEIVE TEXT MESSAGES FROM VisorCraft.
5.5 To start receiving text message notifications, set "Receive SMS" to "Yes" under the "Contact Information" tab found on the "My Information" page. We will send a verification code to the number you entered, simply click "Enter Verification Code" to verify your number.
5.6 Stopping VisorCraft messages. To stop receiving text messages, set "Receive SMS" to "No" (see above). For help, please feel free to contact us.
6. Text Messaging Fees
6.1 VisorCraft does not charge a fee for text message, however any text messages sent and/or received are subject to standard text messaging rates, roaming fees and/or overage costs, which your cellular provider may charge. Additionally, text messages sent and/or received count towards a monthly quota as any other messages do. Any users, whether sending or receiving text messages with VisorCraft, should be aware that standard text messaging rates may apply. Please be aware that texting charges can fluctuate internationally. Text messaging rates can normally be found by asking your provider.
7. Advice
7.1 Some of the content provided at the Site may relate to various subjects such as information pertaining to legal matters, financial matters, health matters, and other matters for which the content of is provided in an advisory nature. This information is provided solely for informational and general non-advisory purposes. If desired, Users should use their own efforts to confirm such information with a professional(s) in the pertinent field(s). All of the information that VisorCraft provides should not be considered professional, medical, legal, technical, or any other discipline-specific advice.
7.2 The contents of our website do not constitute advice and should not be relied upon in making or refraining from making, any decision.
7.3 VisorCraft does not provide "credit repair" services or advice or assistance regarding "rebuilding" or "improving" your credit record, history or rating.
8. Change of Use
VisorCraft reserves the right to:
8.1 change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that VisorCraft shall not be liable to you for any such change or removal and.
8.2 change these Terms of Service at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.
9. Links to Third Party Websites
The Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.
10. Copyright
10.1 All copyright, trademarks, brands and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are the property of their respective owners; all else is owned by or licensed to VisorCraft or otherwise used by VisorCraft as permitted by law. Unless otherwise explicitly stated, VisorCraft is not affiliated with or endorsed by trademark holders.
10.2 In accessing the Website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the printing of pages of the Website for personal, non-commercial home use only.
10.3 You may not copy nor distribute any content, be it text or video, which you obtain from our Website, Service or any third party services we may use including but not limited to Vimeo.
11. Disclaimers and Limitation of Liability
11.1 The Website is provided on an AS IS and AS AVAILABLE basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
11.2 To the extent permitted by law, VisorCraft will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.
11.3 VisorCraft makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
11.4 Nothing in these Terms of Service shall be construed so as to exclude or limit the liability of VisorCraft for death or personal injury as a result of the negligence of VisorCraft or that of its employees or agents.
11.5 IN ALL CIRCUMSTANCES VISORCRAFT'S MAXIMUM LIABILITY IS LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS SOLD. VISORCRAFT SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UPON A CLAIM OR ACTION IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, OR OTHER CLAIMS RELATING TO THE PRODUCTS IT SELLS WHICH EXCEEDS THIS LIABILITY LIMIT. VISORCRAFT SHALL NOT BE LIABLE FOR THIRD PARTY CLAIMS FOR DAMAGES AGAINST THE CUSTOMER, OR FOR MALFUNCTION, DELAYS, INTERRUPTION OF SERVICE, LOSS OF DATA, LOSS OF BUSINESS, LOSS OR DAMAGE TO EXEMPLARY DAMAGES, WHETHER OR NOT VISORCRAFT HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES.
12. Indemnity
You agree to indemnify and hold VisorCraft and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against VisorCraft arising out of any breach by you of these Terms of Service or other liabilities arising out of your use of this Website.
13. Severance
If any of these Terms of Service should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms of Service shall survive and remain in full force and effect and continue to be binding and enforceable.
14. Governing Law
These Terms of Service shall be governed by and construed in accordance with the law of USA and you hereby submit to the exclusive jurisdiction of the USA courts.
Your Consent
By using our site, you passively consent to our Terms of Service. When you sign up for our Services, you are, and must, explicitly agree to these Terms of Service and our Privacy Policy.
Changes to our Terms of Service
If We decide to change our Terms of Service, We will post those changes on this page, and/or update the Terms of Service modification date.
