1. Introduction
These Website Standard Terms and Conditions (these “Terms” or these “Website Standard Terms And Conditions”) contained herein on this webpage shall govern your use of this website, including all pages within this website (collectively referred to herein below as this “Website”). These Terms apply in full force and effect to your use of this Website, and by using this Website, you expressly accept all terms and conditions contained herein in full. You must not use this Website if you have any objection to any of these Website Standard Terms and Conditions.
This Website is not for use by minors (defined as those who are not at least 18 years of age), and you must not use it if you are a minor.
2. Intellectual Property Rights
Other than the content you own, which you may have opted to include on this Website, under these Terms, Vision AIS LLC and/or its licensors own all rights to the intellectual property and material contained in this Website, and all such rights are reserved. You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website,
3. Restrictions
- You are expressly and emphatically restricted from all of the following: publishing any Website material in any media; selling, sublicensing, or otherwise commercializing any Website material; publicly performing or showing any Website material; using this Website in any way that is or may be, damaging to this Website; using this Website in any way that impacts user access to this Website; using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or any person or business entity; engaging in any data mining, data harvesting, data extracting or any other similar activity concerning this Website, or while using this Website; using this Website to engage in any advertising or marketing; Certain areas of this Website are restricted from access by you and Vision AIS LLC may further restrict access by you to any areas of this Website, at any time, in its sole and absolute discretion. Any user ID and password you may have for this Website are confidential, and you must maintain confidentiality of such information.
4. Your Content
In these Website Standard Terms And Conditions, “Your Content” shall mean any audio, video, text, images, or other material you display on the Website. Concerning Your Content, by displaying it, you grant Vision AIS LLC a non-exclusive, worldwide, irrevocable, royalty-free, sub-licensable license to use, reproduce, adapt, publish, translate, and distribute it in any and all media. Your Content must be your own and not infringe on any third party’s rights. Vision AIS LLC reserves the right to remove any of Your Content from this Website at any time and for any reason without notice.
5. No warranties
This Website is provided “as is,” with all faults, and Vision AIS LLC makes no express or implied representations or warranties of any kind related to this Website or the materials contained on this Website. Additionally, nothing on this Website shall be construed as providing you with a consult or advice.
6. Limitation of liability
In no event shall Vision AIS LLC, nor any of its officers, directors, and employees, be liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort or otherwise, and Vision AIS LLC, including its officers, directors, and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.
7. Indemnification
You hereby indemnify to the fullest extent Vision AIS LLC from and against any and all liabilities, costs, demands, causes of action, damages, and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.
8. Severability
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
9. Variation of Terms
Vision AIS LLC is permitted to revise these Terms at any time as it sees fit, and by using this Website, you are expected to review such Terms regularly to ensure you understand all terms and conditions governing the use of this Website.
10. Assignment
Vision AIS LLC shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
11. Entire Agreement
These Terms, including any legal notices and disclaimers on this Website, constitute the entire agreement between Vision AIS LLC and you with your use of this Website and supersede all prior agreements and understandings.
12. Governing Law & Jurisdiction
These Terms will be governed by and construed per the laws of the State of Texas, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Texas for the resolution of any disputes.
13. SMS/MMS MOBILE MESSAGE PROGRAM TERMS AND CONDITIONS
Text Communications. By signing up via text, you agree to receive service-related SMS messages at the cell number used when signing up. Reply HELP for help and STOP to cancel. Msg frequency varies. Msg & data rates may apply. View Terms & Privacy.
Vision AIS, LLC (hereinafter, “We,” “Us,” and “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.
User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into it through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in it. Message and data rates may apply.
User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above before ending your use of the mobile telephone number. You understand and agree that your agreement is a material part of these terms and conditions. You further agree that if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Program Description: Without limiting the Program’s scope, users that opt into the Program can expect to receive messages concerning the service and sales of Vision AIS products and services. Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us. Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at info@vision-ais.com. Please note that using this email address is not an acceptable method of opting out of the program. Opt-outs must be submitted per the procedures set forth above. MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging. Our Disclaimer of Warranty: The Program is offered on an “as-is” basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage, or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.
Participant Requirements: You must have a wireless device of your own, be capable of two-way messaging using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text-messaging instructions. Age Restriction: You may not engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18), and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform. Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity; Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
Dispute Resolution: If there is a dispute, claim, or controversy between you and Us, or between you or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Houston, TX before one arbitrator.
The parties agree to submit the dispute to binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”), which is then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which [COMPANY NAME]’s principal place of business is located without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement per the Federal Arbitration Act (“FAA”). The parties agree that the AAA’s rules governing Emergency Measures of Protection shall apply instead of seeking emergency injunctive relief from a court. The arbitrator’s decision shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages concerning any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If a dispute proceeds in court rather than arbitration, the parties waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement occasionally and be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.
14. Website Privacy Policy:
We respect your privacy. We will only use the information you provide through the Program to transmit your mobile messages and respond to you if necessary. This includes, but is not limited to, sharing information with platform providers, phone companies, and other vendors who assist us in delivering mobile messages. WE DO NOT SELL, RENT, LOAN, TRADE, LEASE, OR OTHERWISE TRANSFER FOR PROFIT ANY PHONE NUMBERS OR CUSTOMER INFORMATION COLLECTED THROUGH THE PROGRAM TO ANY THIRD PARTY. Nonetheless, we always reserve the right to disclose any information necessary to satisfy any law, regulation, or governmental request, avoid liability, or protect our rights or property. When you complete forms online or otherwise provide Us with information about the Program, you agree to provide accurate, complete, and true information. You agree not to use a false or misleading name or a name you are not authorized to use. If, at our sole discretion, we believe that any such information is untrue, inaccurate, or incomplete, or you have opted into the program for an ulterior purpose, we may refuse you access to the program and pursue any appropriate legal remedies.
This Privacy Policy is strictly limited to the Program and does not affect any other privacy policy(ies) that may govern the relationship between you and Us in other contexts.