PLEASE READ THESE TERMS OF USE CAREFULLY. THE TERMS AND CONDITIONS SET FORTH BELOW (THE “TERMS“) GOVERN YOUR USE OF THE PLATFORM (AS DEFINED BELOW). THESE TERMS ARE A LEGAL CONTRACT BETWEEN YOU AND OUR COMPANY AND GOVERN YOUR ACCESS TO, AND USE OF, THE PLATFORM. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS PLATFORM, OR ANY INFORMATION CONTAINED ON THIS PLATFORM. YOUR USE OF THIS PLATFORM SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. Viscera Brands MAY MAKE CHANGES TO THE CONTENT AND THE SERVICES OFFERED ON THIS PLATFORM AT ANY TIME.
Viscera Brands (“Viscera Brands”, the “Company”, “we”, “us” or “our”) provides the Viscera Brands website and mobile applications/apps (as applicable, the “Platform”) and related pages and content for its permitted users. We’ve worked hard to give you the essential information here and elsewhere on our Platform to get you comfortable with our Platform and to make it useful to you. These Terms help enable us to provide you with the services, information, other content and features available through our Platform, and shall govern your use of the Platform.
Scope of Access to Platform
Subject to these Terms of Use, Viscera Brands grants you a limited, personal, non-exclusive and non-transferable license to download and use the Platform solely for your personal or internal business use.
You agree not to modify, adapt, translate, or reverse engineer, decompile, disassemble, or otherwise attempt to discern the source code of the Platform. Further, you may not reproduce all or any portion of the Platform. This Platform is owned by, the Company. The Company reserves the right at any time to suspend or terminate use of this Platform or its functionality and tools by you or other users in the Company’s sole discretion.
Information Errors and Corrections
Although we strive at all times to maintain the accuracy of information maintained on the Platform (including pricing information for products and services), occasionally pricing or other information errors may occur. In the event that a product or service that is addressed or made available through the Platform is mistakenly listed at an incorrect price or with other incorrect information, we reserve the right to refuse or cancel any orders placed for any such product or service that is based on such incorrect price or information.
Content
The content that is originally provided by Viscera Brands or its licensors (the “Content”) on this Platform is made available to you by Viscera Brands and is the copyrighted work (and in some cases logos and other marks) of Viscera Brands or Viscera Brands’s licensors. Viscera Brands grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Content and to use the Platform solely for your personal or internal business use.
Except for the limited use license above, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Content or the Platform in any manner. You shall not distribute the Content or the Platform in any manner to any third party.
Term and Termination
Your rights to use the Platform continue until terminated by Viscera Brands in our discretion. If you violate these Terms, Viscera Brands may terminate and/or suspend your access to this Platform without notice.
Authorized Users
In the event that you are given access to certain password protected areas of the Platform. You are responsible for maintaining the confidentiality of your password, registration data and for any and all activity that occurs under your password. You agree to notify Viscera Brands immediately of any unauthorized use of your password or any other breach of security relating to the Platform. You shall not, and shall not attempt to, access any data of another Viscera Brands customer if you are not an authorized user under the applicable account.
Accessibility
Viscera Brands is committed to providing an accessible website experience for all users, including individuals with disabilities. If you have difficulty accessing any part of this Platform, please contact us at [contact information] so we can provide you with the information, items, or transactions you need through an alternate communication method.
Privacy Policy
Your use of this Platform is governed by the Viscera Brands Privacy Policy (the “Privacy Policy“) which may be accessed at this link: [add link to Policy].
Third Party Content
Certain information and other content appearing in advertisements or sponsorships on the Platform may be the material of third party licensors and suppliers to Viscera Brands (“Third Party Content“). Third Party Content does not include materials and other content posted on the Platform by you or other users (as applicable “User Content”). Third Party Content is, in each case, the copyrighted and/or trademarked work of the creator/licensor. You agree to only display the Third Party Content on your computer solely for your personal use or internal business use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), edit, alter or enhance any of the Third Party Content in any manner unless you have permission from the owner of the Third Party Content. Viscera Brands DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS WITH REGARD TO THIRD PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Links to Third Party Sites
The Platform may be linked to other sites or apps that are not Viscera Brands sites or apps. Viscera Brands is providing these links to you only as a convenience, and Viscera Brands is not responsible for such linked sites or apps, including, without limitation, the content or links displayed on such sites or apps.
Submissions
Any text, feedback on the Platform or other information that you submit, post or otherwise make available on the Platform, such as comments and suggestions, are “Submissions“. Submissions do not include User Content that is made available on or through the Platform.
You, and not Viscera Brands, have full responsibility for each such Submission you make, including its legality, accuracy, appropriateness, and trademark and copyright ownership. You agree that any Submission provided by you in connection with this Platform is provided on a non-proprietary and non-confidential basis. Please note that, generally, Submissions will be accessible by other users on the Platform. You agree that Viscera Brands is free to use a Submission on an unrestricted basis for any purpose and you grant Viscera Brands a sublicensable, non-exclusive, fully-paid and royalty-free, worldwide license to (in any media, whether now known or not currently known or invented) link to, utilize, use, publicly perform, publicly display, reproduce, distribute, modify and prepare derivative works of the Submission.
Cookies and Tracking Technologies
Our Platform uses cookies, web beacons, and similar tracking technologies to improve user experience and gather usage data. By using the Platform, you consent to our use of cookies in accordance with our [link to Privacy Policy].
Your Responsibilities
Viscera Brands grants users a non-exclusive, limited, royalty-free, worldwide, revocable license to access and use User Content posted on the Platform. You agree that Viscera Brands may incorporate Third Party Content on, in and/or around your Submissions and/or User Content. YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS APPLICABLE TO ANY INFORMATION YOU SUBMIT TO Viscera Brands, SUCH AS YOUR USER CONTENT. If you use software tools to import content from other sources on the Internet to create User Content, you agree that you have all necessary rights and permissions to use such content and to create the User Content using that third party content and that you will only submit and use User Content in any account that you register for or have access to in a manner that complies with all applicable laws and regulations. You further agree that you will not upload, post or otherwise make available on this Platform any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from any Submission and/or User Content that you make. You represent and warrant that: (i) you own all Submissions and/or User Content posted by you on or through this Platform or otherwise have the right to grant the licenses to Viscera Brands set forth in this section, and (ii) the posting of your Submissions and/or User Content on or through this Platform does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Submissions and/or User Content posted by you to or through the Platform. Viscera Brands shall have no obligation to pay you any fees or royalties for your Submissions and/or User Content.
Unauthorized Activities
Unauthorized use of any User Content, the Platform or Third Party Content contained on this Platform may violate certain laws and regulations. You agree to indemnify and hold Viscera Brands and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) Viscera Brands or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party based on your submitted User Content and/or that your use of the Platform or Third Party Content or the use by any person using your user name and/or password violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party. Viscera Brands may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Viscera Brands’s discretion, Viscera Brands will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Platform, the Platform or on the Internet.
Proprietary Rights
“Viscera Brands” is a trademark of Viscera Brands in the United States. Other trademarks, names and logos on this Platform are the property of their respective owners.
Unless otherwise specified in these Terms, all information and screens appearing on this Platform, including documents, Platform, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of Viscera Brands, Copyright © 2022 National Glazing Solutions, LLC. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
Disclaimer of Warranties
Your use of this Platform is at your own risk. Neither the User Content, the Platform or Third Party Content nor Submissions have been verified or authenticated in whole or in part by Viscera Brands, and they may include inaccuracies or typographical or other errors. Viscera Brands does not warrant the accuracy or timeliness of the User Content, Submissions or the Third Party Content contained on this Platform. Viscera Brands has no liability for any errors or omissions in the User Content, Submissions and/or the Third Party Content, whether provided by Viscera Brands or our licensors.
EXCEPT AS OTHERYWISE EXPRESSLY PROVIDED IN WRITING AS TO PRODUCTS AND SERVICES OFFERED BY Viscera Brands: (A) Viscera Brands, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH ANY PRODUCTS OR SERVICES OFFERED BY Viscera Brands, THIS PLATFORM, ANY MATERIALS, USER CONTENT, USER SITES, OR THIRD PARTY CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS PLATFORM AND/OR THE RESULTS OBTAINED FROM THE USE OF THIS PLATFORM, INCLUDING WITHOUT LIMITATION THE MATERIALS, USER SITES, AND THE THIRD PARTY CONTENT; AND (B) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY PRODUCTS OR SERVICES OFFERED BY Viscera Brands, THIS PLATFORM, MATERIALS, USER CONTENT, THIRD PARTY CONTENT, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS PLATFORM IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. Viscera Brands DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR DEVICE AS A RESULT OF USING THIS PLATFORM, AND Viscera Brands DOES NOT GUARANTEE ANY UPTIME OR AVAILABILITY OF THE PLATFORM.
Limitation of Liability
Viscera Brands SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY OF THE MATERIALS, USER CONTENT, OR THIRD PARTY CONTENT TO OR FROM THIS PLATFORM. IN NO EVENT SHALL Viscera Brands BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF Viscera Brands KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE AND Viscera Brands SHALL NOT BE LIABLE IN THE AGGREGATE FOR THE GREATER OF: (I) THE FEES, IF ANY, PAID BY YOU TO Viscera Brands IN TO ACCESS THE PLATFORM DURING THE PRIOR TWELVE (12) MONTHS OR (II) FIFTY DOLLARS ($50.00).
Local Laws; Export Control
User Content and/or Third Party Content may not be appropriate or available for use outside of the United States of America. If you use this Platform outside the United States of America, you are responsible for following applicable local laws and regulations, including any applicable export controls laws.
Changes
These Terms may be changed, modified, supplemented or updated by Viscera Brands from time to time. The date that these Terms were last revised is identified at the top of the page and you will be bound by any changed, modified, supplemented or updated Terms if you choose to continue to use the Platform after such changes to the Terms are posted.
General
The provisions of Georgia law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. Viscera Brands’s failure to enforce any of these Terms is not a waiver of such term. These Terms are the entire agreement between you and Viscera Brands and supersede all prior or contemporaneous negotiations, discussions or agreements between you and Viscera Brands about this Platform. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms. For users outside the United States, your local laws may provide additional rights or protections. This Platform is not intended to subject Viscera Brands to the laws or jurisdiction of any country other than the United States.
Data Security and Notification
Viscera Brands implements security measures to protect your data. However, no security system is impenetrable, and we cannot guarantee the security of your information. In the event of a data breach, Viscera Brands will notify affected users as required by law.
Dispute Resolution and Arbitration Agreement
Any disputes arising from or relating to these Terms, or your use of the Platform will be resolved through binding arbitration, in accordance with the rules of the American Arbitration Association. By agreeing to these Terms, you waive the right to participate in any class action or class-wide arbitration.
- Class Action Waiver: You agree to resolve any disputes with Viscera Brands on an individual basis and not as part of any class, collective, or representative action.
This agreement to arbitrate does not apply where prohibited by law, including disputes involving certain claims under California law.
