Terms & Conditions
Please read these Terms and Conditions (“the Terms”) carefully before using www.vizion.io (the “Website“).
These Terms constitute a legal agreement between P.B.R. Management Inc, a Delaware corporation DBA “Vizian” (““us” or “we”), and you (“you”). These Terms govern the relationship between you and us in connection with the Services provided by us (as defined below) for which you purchased a subscription. By clicking a box indicating your acceptance and/or by receiving the Services, you agree to the Terms. If you do not agree with the Terms you will not be permitted to receive the Services.
From time to time we may update these Terms. Your use of the Website constitutes your agreement to the Terms and any updates of said Terms. Please review these Terms periodically to ensure that you are familiar with the most recent version. If you do not agree to these Terms, you may not use the Website.
Please note that in order to use the Website you must be 15 years old or over.
1.1. We offer several subscriptions to services; each includes different features. These services are meant to assist you with managing your business’s online directory listings. Subscriptions may include full-service subscription OR self-serve subscriptions. (“the Services”).
1.2. These services are not offered to customers/ businesses outside the USA.
1.3. In order to perform the Services, you will have to upload your business info on to our platform and we then publish it through third parties. We may also need access to other accounts you own such as Google My Business, social networks or yellow pages where login is needed. 1.4. You will need to provide us with the full information of your business info, in accordance with our instructions. We will not assume any responsibility as to the accuracy of said information provided by you.
1.5. Please be advised that GOOGLE MY BUSINESS is provided for free to any business. We charge only for the services that we will provide as a third-party agency in order to assist, create and manage your GOOGLE MY BUSINESS listings through out a licensed platform for our clients. For more information on GOOGLE MY BUSINESS third party policy click here
We will connect with numerous publishing third parties, in accordance with our full discretion, on your behalf in order to publish your business info, and you hereby appoint us to do so in your behalf.
1.6. By entering into a subscription and uploading Personal Information and data you hereby grants us non-exclusive, worldwide, royalty-free, transferable, perpetual, irrevocable, unlimited use rights to use, distribute, copy, publish, syndicate, reformat and update any and all of the information or content that is made available to us by you or for you. We may sublicense and transfer this right to any publishers and other partners. This license will survive any termination or expiration of this Agreement and we will not be obliged to withdraw or cancel publications that were made in accordance to this Terms before or after the termination of the Term. You will only make available information that it knows to be true.
1.7. All published business information may be subject to the relevant publishers’ content policies, and that any such content may be rejected or modified, in whole or in part, by a publisher at any time in its sole discretion.
1.8. We do not guarantee that any content will be displayed with any potential publisher and/or the exact content that will be published and/or the appearance and/or location of any content placement. All of the above depend on said third party’s policy
2.1. These Terms are effective as of the date you register for a subscription and shall remain in full force and effect until the end of one year. Unless you will terminate the engagement with us giving a 30 days’ notice in writing to [email protected] which includes full details of your business as registered when subscribed your subscription will automatically continue for another year in the same terms unless we updated you as to any change in our rates 30 days in advance and you refrained from canceling you subscription. Notice as to rate update will be sent to the e-mail you delivered us with upon your registration.
2.2. Notwithstanding the above, either you or us may terminate our engagement and discontinue all or some of the Services at any time giving 7 days written notice to the other. In addition, we may, upon notice to you, immediately terminate this Agreement and cancel your account in the event of your material breach of this Agreement or in case of fraud suspicion.
2.3. Upon any termination you will be required to pay fees due and payable prior to the effective date of such termination.
2.4. Notwithstanding the above, if within 72 hours of the purchase of any product/service, and before using our services or products you will decide to terminate your engagement with us, please call our customer service at 1-855-448-8508 OR send an e-mail to: [email protected] using the same email address you have used to sign up for the service/product purchased, and you will be refunded for any payment sent by you. If a refund request is submitted later the 72 hours of purchase or if you already started using our services or products, payment for the first month may be billed and charged, and any additional amount paid will be refunded.
3. Fees and Payment
3.1. By purchasing a subscription, you agree to any fee and payment terms that were described in the order that was submitted to you upon registration to our subscription and in accordance with the Terms. You are responsible for paying any Taxes associated with your purchase of the Services. Any amount billed may vary for reasons such as promotional rates no longer being applied, changes in your subscription, changes in applicable taxs etc.; you authorize us to charge your credit card for such varying amounts.
3.2. In order to pay for the Services, you will be required to provide us with a valid credit card number upon registration for a subscription. You hereby warrant and represent that you have the authority to provide such credit card information to us and shall be responsible for all charges made thereto.
3.3. We will bill your credit card in advance of each calendar month (or part of it) for the fees incurred for such month, as well as for any outstanding balances. We reserve the right to change the term of future billing at any time.
3.4. Any and all late payments shall accrue interest at the rate of two percent (2%) per month of any nonpaid outstanding balance. In addition, you are responsible for paying any reasonable expenses and attorneys’ fees that we may incur in connection with collecting late amounts. Notwithstanding the above if any amount owed by you under this Agreement is overdue, we may, without limiting our other rights and remedies, suspend the Services until such amounts are paid in full with no prior notice.
3.5. You acknowledge that the amount billed each Billing Period may vary for reasons such as promotional rates no longer being applied, changes in your subscription (for example, changes in the number of your locations under your subscription), changes in the amount of applicable sales tax or other reasons; and you authorize us to charge your credit card for such varying amounts.
3.6. No reimbursement of expenses or fees will be paid for using or not using the Website or our Services. If you have any claim regarding charges or incorrect payments, it is your responsibility to notify us as soon as possible. We will make every effort to resolve the dispute. If you will not dispute any charge within 30 days of the charge you irrevocably waive the right to claim against any such charges.
4. Accounts, Passwords and Security
4.1. In order to use the Website and receive our services, you will be required to create an account on our Website. In order to create such an account, you will be asked to enter certain information, including without limitation, your name, a valid e-mail address, password, phone number, credit card details, business details and so on (“Personal Data“).
4.2. It is your responsibility to maintain the confidentiality, completeness, and accuracy of your Personal Data, and any loss caused by your failure to do so is your responsibility.
4.3. Additionally, you are entirely responsible for any and all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account. We will not be liable for any loss that you may incur as a result of someone else using your account, either with or without your knowledge, and shall not be responsible for any delay in shutting down your account after you have reported a breach of security to us.
5. Misuse of the Website
5.1. You may not use our Website or the Services for any purpose that is unlawful, tortuous, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful or other, all as determined by us at our sole and absolute discretion;
5.2. You will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property without first obtaining the permission of the owner of such rights;
5.3. You will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of the Website any software or hardware or telecommunications equipment.
5.4. By using the Website, you agree that you will not impersonate any person or organization, including without limitation, or misrepresent an affiliation with another person or organization.
5.5. It is your responsibility to make sure that posting and publishing the information you provide us with is legal. We assume no responsibility for illegal use of the Website or the information posted by you.
5.6. We may cancel your account and delete all the data associated with your account at any time, without notice and for any reason at our sole discretion. We reserve the right to permanently restrict access to the Website or a user account.
5.7. You represent and warrant that you own all of the Personal Data submitted, displayed, published or posted by you on the Website, and that the displaying, publishing or posting of any content you submit does not and will not violate any privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity.
5.8. We will have the right to use the personal Data you post on our website, to any legal purpose, including but not limited to, preventing fraud and unauthorized use of our Website.
6. Intellectual Property
6.1. Content on this Website is provided by Vizian.io
6.2. The name “Vizian” graphics, photographs, images, models, text, files, programs, codes, trademarks, logos, product and program names, slogans, and the compilation of the foregoing (“Our Content“) is our property and is protected under trademark and/or copyright and/or patent and other intellectual property laws.
6.3. You will not download, display, copy or use any of Our Content for any purpose (commercial or non-commercial), in any manner, including in a manner that is likely to cause confusion, that disparages or discredits us, that dilutes the strength of our property or brand, or that otherwise infringes our intellectual property rights. Nothing contained on this Website should be construed as granting any license or right to use any of our Content.
6.4 Any use in the Terms or on our Website of the names GOOGLE or GOOGLE MY BUSINESS is subject to trademarks or distinctive brand features of Google LLC. Any use in the Terms or on our Website of the name POWERLISTING is subject to trademarks or distinctive brand features of Yext Inc. The above or any other third party’s trademark used on our Website or the Terms remain the property of their respective owners. Our use of third party’s trademarks does not indicate any relationship, permission or endorsement of any kind from the owners of said trademarks.
7. Representations and Limitations of Liability
7.1. We make every effort to keep the Website up-to-date but cannot guarantee that this Website and its contents are completely free of technical errors. We are also not liable for any damages associated with use of this site however caused.
7.2. YOUR USE OF THIS WEBSITEIS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. IF YOU DOWNLOAD ANY MATERIALS FROM THIS WEBSITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE SYSTEM /COMPUTER/ OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS.
7.3. YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU UPLOAD, SAVE, SEND OR RECEIVE DURING YOUR USE OF THE WEBSITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR OUR AFFILIATES, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS OR PUBLISHERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE WEBSITE OR YOUR PERSONAL DATA, OR ANY OTHER WEBSITE YOU ACCESS THROUGH A LINK FROM THIS WEBSITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR ANY DAMAGE AS A RESULT OF FORCE MAJEURE, OR THE DELAY OR INABILITY TO USE THE WEBSITE, OR FOR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE WEBSITE, OUR REMOVAL OR DELETION OF ANY MATERIALS UPLOAED, SAVED, SUBMITTED OR POSTED ON OUR WEBSITE OR WHILE USING IT, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE, OUR AFFILIATES OR ANY OF OUR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATIRIAL THAT MAY INFECT YOUR EQUIPMENT, PROGRAMS, DATA, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER WE NOR OUR SUPPLIERS OR PUBLISHERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE WEBSITE. IN ADDITION, AND NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, IF FOR ANY REASON IT WILL DETERMENED BY A COMPETENT COURT THE WE ARE RESPONSIBLE FOR ANY DAMAGE THE MAXIMUM, CUMULATIVE LIABILITY UNDER ANY CAUSES OF ACTION WILL NOT EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, THE TOTAL PRICE PAID BY YOU DURING THE THREE (3) MONTH PERIOD PRIOR TO THE DATE ON WHICH THE FIRST CLAIM ARISES.
9.1. Any promotions made available through the Website may be governed by rules that are separate from these Terms. If you participate in any promotions, please review the applicable official rules. If the official rules for a promotion conflict with these Terms, the promotion official rules will apply.
10. Third Party Websites
11. Third Party Websites
11.2. These Terms constitute a binding agreement between you and us, and are accepted by you upon your use of the Website or your account. By using the Website, you represent that you are capable of entering into a binding agreement, have all due authorization to do so and that you agree to be bound by these Terms.
11.4. We may, in our sole discretion, change, suspend or terminate, temporarily or permanently, your use of the Website or any part thereof or any of its features at any time, for any reason, without any notice or liability to you or any other entity. If your use of the Website is terminated by us for any reason, the agreement formed by your acceptance of these Terms will nevertheless continue to apply and be binding upon you in respect of your prior use of the Website and anything relating to or arising from such use.
11.6. Despite our best efforts, errors may occur on the Website. We will not be responsible for typographical, technical or other errors.
11.7. We may use your name and logo for the purpose of referring to you as our client on our website and in our other promotional materials.
11.8. All disputes between you and us (whether or not such dispute involves a third party) with regard to your relationship with us, including without limitation disputes related to these terms and/or any services, will be resolved by binding, individual arbitration under the American arbitration association’s commercial arbitration rules. arbitration will be held in the united states county that you live or work in or any other location that the parties agree to.
11.9. These Terms, and any disputes arising directly or indirectly from these Terms, shall be governed by and construed in accordance with the laws of the State of Delaware, U.S.A, without regard to its choice of law provisions. If for any reason a claim proceeds in court rather than in arbitration, each of the Parties hereby waive any right to a jury trial and irrevocably consent and submit to the exclusive jurisdiction of the state and federal courts located in Dover, Kent County, Delaware, U.S.A for any such disputes, and hereby irrevocably waive any objections to the laying of venue in such courts.