Terms of Use

Overview

Your use of https://visivera.com/, including any sub-domains thereof, affiliated websites, and mobile applications (collectively, the "Website"), which are owned and maintained by VisiVera LLC ("VisiVera," "we," "our," "us"), are governed by the policies, terms, and conditions set forth below. Please read these terms carefully. We offer the Website, including all information, tools, interactive materials, and services available from the Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here. By accessing, using, or making a transaction over the Website, you agree to the terms set forth herein. If you do not agree to these terms and conditions in their entirety, you are not authorized to use the Website in any manner or form whatsoever.

We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. YOUR CONTINUED USE OF OR ACCESS TO THE WEBSITE FOLLOWING THE POSTING OF ANY CHANGES CONSTITUTES BINDING ACCEPTANCE OF THOSE CHANGES.

1. Website Use

By using the Website and agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence. If you use the Website, you affirm that you have the legal capacity to enter into a binding contract with us, have read this Agreement, and understand and agree to its terms.

2. Privacy and Security Disclosure

VisiVera's Privacy Policy may be viewed here: [Privacy Policy URL]. The Privacy Policy is incorporated into these Terms by reference and constitutes a part of these Terms.

3. General Conditions and Website User Conduct Restrictions

All aspects of our Website are protected by U.S. and international copyright, trademark, and other intellectual property laws. You do not acquire any ownership or other rights by downloading or using the Website or any material on it.

You agree not to use or attempt to use the Website or any products or services in any unlawful manner or for any unlawful purpose. You further agree not to commit any unlawful act or attempt to commit any unlawful act on or through the Website including, but not limited to:

• Hacking and other digital or physical attacks on the Website
• Publishing vulgar, abusive, obscene, or defamatory material
• Soliciting others to perform or participate in any unlawful acts
• Violating any international, federal, provincial or state regulations, rules, laws, or local ordinances
• Infringing upon or violating our intellectual property rights or the intellectual property rights of others
• Harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, or discriminating
• Submitting false or misleading information
• Uploading or transmitting viruses or any other type of malicious code
• Collecting or tracking the personal information of others
• Interfering with or circumventing the security features of the Website

VisiVera reserves the right to terminate your access to the Website or any of its products or services if it determines that you do not comply with these Terms, provide false information, engage in harmful conduct, or for any reason whatsoever without prior notice.

4. Modifications to the Website

We reserve the right to modify or discontinue access to the Website (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third party for any modification, suspension, or discontinuance of access to the Website.

5. Account Registration

In order to access some of the products or services of the Website, you may be required to create an account. By creating this account, you agree to the following:

• You may only maintain a single account
• You may never share your account username or password
• You may never use another user's account without permission
• You must provide accurate and complete information including a valid email address
• You are solely responsible for the activity that occurs on your account
• You must notify us immediately of any breach of security or unauthorized use
• You will be liable for any use made of your account or password

6. User Communications

By using any VisiVera services, you expressly consent to receive electronically all communications, agreements, documents, notices and disclosures that we provide in connection with your account and your use of the services. This includes promotional emails, which you may unsubscribe from at any time.

7. Social Media

This section applies to everyone who interacts with our social media presence. The sites and platforms that host our Social Media Presence are not controlled by us and have their own privacy policies and terms of use. Comments and opinions expressed by users are theirs alone and do not reflect VisiVera's opinions.

8. Digital Millennium Copyright Notice

a. DMCA Notice

In notifying us of alleged copyright infringement, the Digital Millennium Copyright Act requires specific information including description of the copyrighted work, description of the infringing material, your contact information, good faith statement, accuracy statement under penalty of perjury, and physical or electronic signature.

b. Intellectual Property Rights

The Content associated with the Website is owned or licensed by VisiVera and protected by intellectual property laws. You must comply with all such laws and applicable notices. No transfer of ownership occurs through access granted.

9. DISCLAIMER OF WARRANTIES

10. LIMITATIONS OF LIABILITIES

11. Dispute Resolution by Mandatory Binding Arbitration and Class Action Waiver

Any dispute shall be submitted to binding arbitration before a single arbitrator administered by the American Arbitration Association under its Consumer Arbitration Rules. The arbitrator shall follow applicable substantive law of New York.

You may opt out of arbitration within 30 days by sending a letter to: VisiVera LLC Attn. Legal Department, 3130 P Street NW, Washington DC 20007, stating your name, the product you accessed, and your intent to opt out of arbitration.

12. Indemnification

You agree to indemnify, defend, and hold harmless VisiVera and its affiliates from any claims, losses, damages, expenses, and costs arising out of your breach of these Terms or violation of any law or third-party rights.

13. Third-Party Websites and Links

Our Website may include materials from third-parties or links to third-party websites. We are not liable for any third-party materials or websites. Please review carefully the third-party's policies before engaging in any transaction.

14. Testimonials, Reviews, and Other Submissions

Anything you submit to the Website is treated as non-confidential and nonproprietary. We have the royalty-free, worldwide, perpetual right to use, copy, distribute, and create derivative works from such submissions.

15. Electronic Communications

You agree that we may communicate electronically with you and that such communications have the same force and effect as if they were in writing and signed.

16. Assignment

You may not assign any rights under these Terms. VisiVera may transfer all rights and obligations if business is transferred to another entity.

17. No Waiver

No waiver by VisiVera of any term shall be deemed a continuing waiver, and failure to assert a right does not constitute a waiver.

18. Severability

If any provision is determined unenforceable, it shall be enforced to the fullest extent permitted, and other provisions remain valid.

19. Termination

Upon termination of this Agreement, all sections and obligations made by you shall survive termination.

20. Entire Agreement

These Terms constitute the entire agreement between you and VisiVera and supersede any prior agreements. Ambiguities shall not be construed against the drafting party.

21. Questions or Additional Information