Last updated: February 7, 2013

Terms of Use

THESE TERMS OF USE CREATE AN ENFORCEABLE CONTRACT THAT GOVERNS YOUR USE OF THIS SITE AND ALL CONTENT AVAILABLE VIA THE SITE.  IF YOU DO NOT AGREE WITH THESE TERMS OF USE, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THE SITE.

If you are a user of the Visual Lease system, your Terms of Use are here.

Acceptance

These Terms of Use state the terms and conditions under which you may use the Visual Lease website located at www.visuallease.com (the “Site”) and all Content (as defined hereinafter) available therein. Please read these Terms of Use carefully.  The Site contains materials, such as data, text, graphics, images, sound recordings, audiovisual works, blogs, news, reports, and other materials provided by Visual Lease (the “Content”). By browsing the Site as a visitor, you acknowledge that you have read, understood and agree to be legally bound by these Terms of Use.  Visual Lease (“VLC,” or “we”) reserves the right to amend these Terms of Use at any time and from time to time without notice. If you use the Site after revised Terms of Use have been posted, you will be deemed to have agreed to such Terms of Use.

Your Responsibilities

You shall (i) use commercially reasonable efforts to prevent unauthorized access to or use of the Site, and notify VLC promptly of any such unauthorized access or use, and (ii) use the Site only in accordance with these Terms of Use and applicable laws and government regulations. In addition, you may not access the Site for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes.  You shall not (a) sell, resell, rent, lease, copy, frame or mirror any part or Content of the Site, (b) use the Site to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights, (c) use the Site to store or transmit viruses, worms, time bombs, Trojan horses and other harmful or malicious code, files, scripts, agents or programs, (d) interfere with or disrupt the integrity or performance of the Site or third-party data contained therein, (e) attempt to gain unauthorized access to the Site or their related systems or networks, (f) create derivate works based on the Site and/or reverse engineer the Site,  (g) access the Site in order to build a competitive product or service, or (h) copy any features, functions or graphics of the Site.

Intellectual Property Rights

You acknowledge that the Site and Content are owned by VLC, and protected by copyrights, trademarks, trade secrets, patents, or other proprietary rights, and that these worldwide rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. You also acknowledge that the Content is and shall remain the property of VLC or its licensors. You agree to comply with all intellectual property laws and you shall not encumber any interest in, or assert any rights to, the Content.  You may not modify, transmit, participate in the sale or transfer of, or create derivative works based on any Content, in whole or in part.  No rights are granted to you hereunder other than as expressly set forth herein.

Trademarks

“Visual Lease” is a registered trademark of VLC, or its affiliate. Other company, product, and service names and logos used and displayed on the Site may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to VLC. Except as otherwise expressly provided herein, your use of the Site does not grant to you a license to any content or materials you may access on the Site.  Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Site without our written permission or that of the third party rights holder.

Copyright Complaints

If you believe the Site contains any Content that infringes your copyright, please see our Copyright Infringement Notification Procedures.

Unsolicited Information

By submitting any unsolicited information and materials, including comments, ideas, suggestions, questions, blog postings, and other similar communications (collectively, “Unsolicited Information”) to the Site, you agree that VLC, or any of its affiliates, may use such communication or material for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and further posting. Further, VLC and its affiliates are free to use any ideas, concepts, know-how, or techniques contained in any communication or material you send to the Site for any purpose whatsoever, including, but not limited to, developing, and marketing products. By submitting any Unsolicited Information, you are granting VLC a perpetual, royalty-free and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer and sell such Unsolicited Information without notice or obligation to you.

Links to Other Web Sites

The Site may periodically provide links to third party websites (“Third-Party Sites”). This Agreement governs only the Site and not any Third Party Sites. Our decision to link to a Third-Party Site is not an endorsement of the content or services in that linked Third Party Site. If you decide to access linked Third-Party Sites, you do so at your own risk. You should direct any concerns regarding any Third-Party Sites to the administrator of the applicable Third-Party Site.

Security of the Sites

Actual or attempted unauthorized use of the Site may result in criminal and/or civil prosecution. While VLC has no obligation to do so, VLC explicitly reserves the right to view, monitor, and record activity on the Site without notice or permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible illegal activity on the Site. VLC will also comply with all court orders as well as all law enforcement and regulatory inquiries involving requests for such information. VLC reserves the right, in its sole and absolute discretion for any reason or no reason, to remove or modify any Unsolicited Information, Content, posting, or any other element of the Site, without notice or permission from you.  

Disclaimer of Warranties

YOU ACKNOWLEDGE AND AGREE THAT THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTIONS AND MATERIALS, ARE PROVIDED “AS IS,” “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND VLC, ITS AFFILIATES, SUBSIDIARIES OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “VISUAL LEASE PARTIES”) HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. NONE OF THE VISUAL LEASE PARTIES WARRANT THAT THE SITE, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. NONE OF THE VISUAL LEASE PARTIES SHALL BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.

Limitation of Liability

IN NO EVENT SHALL THE VISUAL LEASE PARTIES BE LIABLE FOR SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, REVENUES OR SAVINGS, EVEN IF VLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.  IN NO EVENT SHALL THE VISUAL LEASE PARTIES’ LIABILITY FOR DIRECT DAMAGES ARISING UNDER THESE TERMS OF USE OR RELATING THERETO, EXCEED, THE TOTAL AMOUNT PAID BY YOU HEREUNDER DURING THE 12 MONTHS PRECEDING THE DATE SUCH CAUSE OF ACTION ARISES.  BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES, IN SUCH JURISDICTIONS THE VISUAL LEASE PARTIES’ LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.  YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE, OR THE CONTENT IS TO STOP USING THE SITE.

LIABILITY ARISING UNDER THE TERMS OF USE AND PRIVACY POLICY IS EXCLUSIVE OF THE LIABILITY ARISING UNDER ANY APPLICABLE SERVICES AGREEMENTS.

Indemnification

You agree to defend, indemnify and hold the Visual Lease Parties harmless from and against any and all claims, losses, liabilities, and expenses (including attorneys’ fees) arising from your use of the Site, the Content or any violation of these Terms of Use.

Use of Personal Data

Your use of the Site may involve the transmission of your personally-identifiable information (“Personal Data”) to us via the Site. Our policies with respect to the collection and use of Personal Data are governed according to our Privacy Policy, which is hereby incorporated by reference in its entirety.

Termination

We reserve the right, in our sole and absolute discretion, to change, restrict, suspend, or terminate these Terms of Use, your access to all or any part of the Site and/or the Content at any time and for any reason or no reason without prior notice or liability.  We reserve the right to change, suspend, or discontinue all or any part of this Site or Content at any time without prior notice or liability. You may terminate these Terms of Use at any time upon the provision of written notice to us by email to: support@visuallease.com, or via hard copy certified mail directed to: 1000 U.S. Highway 9, Woodbridge, New Jersey 07095.  Attention: President.  Your written notice to terminate shall become effective on our receipt of such notice and you may not access or use the Site once you send such notice. 

Miscellaneous

In the event that any portion of these Terms of Use is held to be invalid or unenforceable, then such portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of these Terms of Use shall remain in full force and effect. The sections of these Terms of Use entitled limitation of liability, indemnification, and miscellaneous shall survive the termination of these Terms of Use. The paragraph headings herein are provided only for reference and shall have no effect on the construction or interpretation of these Terms of Use. You expressly absolve and release the Visual Lease Parties from any claim of harm resulting from a cause beyond their control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, terrorist activities or governmental restrictions. You may not assign these Terms of Use. No waiver shall be effective unless in writing. Neither the course of conduct between parties nor trade practice shall act to modify any provision of these Terms of Use. These Terms of Use and any other agreements between the parties entered into through the Site shall be governed by and construed in accordance with the laws of the State of New Jersey. Except for proceedings commenced by VLC to protect its intellectual property or confidential information which may be brought in any court of competent jurisdiction, the parties mutually agree that any and all disputes arising hereunder shall be resolved exclusively by state or federal courts located in the state of New Jersey. These Terms of Use contain the entire agreement of the parties concerning the Site and the Content and supersedes all existing agreements and all other oral, written or other communication between the parties concerning its subject matter. You shall comply with all laws, rules and regulations which are now or hereinafter promulgated by any government authority or agency which govern or apply to the operation and use of the Site.  Without limiting the generality of the foregoing, you expressly agree to comply with such restrictions and not to export or re-export any of the Content to countries or persons prohibited under the export control laws of the United States. You are prohibited from any use of the Site that would constitute an illegal offense, give rise to liability or otherwise violate any applicable local, state, national or international law or regulation. All rights not expressly granted herein are reserved by VLC and its licensors.

 

Thank you for your cooperation.  Questions or comments regarding the Site, including any reports of non-functioning links, should be submitted using our email address support@visuallease.com, or via U.S. mail to 1000 U.S. Highway 9, Woodbridge, New Jersey 07095. We try to answer every email and piece of correspondence in a timely manner but are not always able to do so.