Terms of Use

DECISIONVIZ
TERMS OF USE

These Terms of Use shall govern the use of the services (the “Service”) offered by e-thusiasm, inc. DBA DecisionViz (“DV”) at www.DecisionViz.com, and all associated web pages, reports, applications and services (the “Site”). Please read these Terms of Use before using the Site. Use of the Site constitutes an agreement to all terms and conditions in these Terms of Use. By using this Site you represent, warrant, understand, agree to and accept all terms and conditions contained in these Terms of Use. If you object to anything in these Terms of Use or the Privacy Policy, do not use the Site or the Service. These Terms of Use are subject to change at any time, effective upon posting on the Site, and your use of the Service after such posting will constitute acceptance by you of such changes.

General Terms

DV’s mission is to provide information related to data visualization and analytics to each of the registered users on the Site (“Users”).

Transactions

Users of the Site enroll with DV. All information provided on the Site is provided on an as-is basis, and is subject to the policies, rules and procedures of DV. Certain services within the Site are provided to Users on a password-protected basis.

Eligibility

Our services are available only to qualified individuals who can form legally binding contracts under applicable law.  This site is intended as a service for registered business and individuals seeking to improve their business communication skills.  This Site is not intended for competitors of DV or any parties that seek to re-sell or re-use the information provided in connection with the service for any purpose inconsistent with the intention of DV.  As such, DV may place limitations on registration or enrollment in furtherance of this intent, including, without limitation, restricting access by non-corporate URLs or email extensions (e.g., yahoo.com, gmail.com, aol.com, etc.).

We reserve the right, in our sole discretion, to suspend or terminate a User’s access to the service for any reason at any time, with or without notice.  In addition, our services are not available to minors under the age of eighteen (18).  DV does hereby disclaim any liability whatsoever for any misstatements and/or misrepresentations made by any User of this Site. Users do hereby represent, understand, and agree to forever release and hold DV harmless from any misstatements and/or misrepresentations made by any Users of this Site.

Links and Account Information

All Users do hereby agree to be the sole, authorized user of their account, and to be responsible for all use of their account.  While the DV has access to User accounts, DV otherwise has no control over the use of any User’s account and expressly disclaims any liability derived therefrom. Should any user suspect that any unauthorized party may be using their account, User does hereby agree to contact DV immediately. Links (such as hyperlinks) from the Site to other sites on the Web do not constitute the endorsement by DV of those sites or their content. User acknowledges that these links are provided as an information service, for reference and convenience only. It is the responsibility of the User to evaluate the content and usefulness of the information obtained from other sites. User acknowledges that DV does not control such websites, and is not responsible for their content, and that the existence of such links on the Site to such websites (including without limitation external websites that are framed by the Site as well as any advertisements displayed in connection therewith) does not mean that DV endorses any of the material on such websites, or has any association with their operators. Users further acknowledge that use of any website controlled, owned or operated by third parties is governed by the terms and conditions of use for those websites, and not by DV’s Terms of Use and Privacy Policy. User agrees that User accesses such third-party websites at User’s own risk. DV expressly disclaims any liability derived from the use and/or viewing of any websites or other material associated with links that may appear on this Site. All users do hereby agree to hold DV harmless from any liability that may result from the use of links that may appear on the Site.

COPPA Compliance

The Site is intended for people 18 or older. We have also made an effort to specifically limit the Site’s appeal to people of age 18 or older. DV will not knowingly collect any information from children under the age of 18. By using this Site you certify you are over the age of 18. DV takes the Children’s Online Privacy Protection Act of 1998 (COPPA) as well as all FTC regulations very seriously, and our policies and procedures are designed to maintain strict compliance with the Rules and Regulations set forth thereunder. That being said, DV does not assume any responsibility for any misrepresentations regarding the age of any User made in connection with any User’s enrollment or registration for or use of the Site. We reserve our right to terminate without notice the enrollment or registration of any User if we believe that the User has provided any false information to us when enrolling or registering for or using this Site.

Commercial Use Prohibition

The Site is for the personal use of individual Users only and may not be used in connection with any commercial endeavors without the express consent of DV in advance. Organizations, companies, and/or businesses may only register as an agency or advertiser and should not use the Site for any illegal or unauthorized purpose, including (but not limited to) collecting usernames and/or email addresses of Users or visitors to the Site by electronic or other means, unless express written permission from DV is obtained in advance. DV reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress in the event that any User violates the terms of this section. Use of the Site is with the permission of DV. DV reserves the right to terminate your use of this Site at its sole discretion at any time.

Information Provided by Users

Users are responsible for providing accurate, timely and complete information to DV in connection with their registration for and use of the Site. DV is not responsible for any claims relating to any inaccurate, untimely, or incomplete information provided to us.

Your Information

“Your Information” is defined as any information you provide to us or other Users through the Site. You are solely responsible for the accuracy of your Information. With respect to your Information, you hereby represent and warrant to DV that your Information (or any items or contents listed therein): (a) shall not be false, inaccurate or misleading; (b) shall not be fraudulent; (c) shall not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or privacy; (d) shall not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (e) shall not be defamatory, libelous, unlawfully threatening, or unlawfully harassing; (f) shall not be obscene or contain child pornography or be harmful to minors; (g) shall not contain any viruses, Trojan Horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) shall not create liability for DV or cause DV to lose (in whole or in part) the services of our ISPs or other partners or suppliers. Solely to enable DV to use the information you supply us with, so we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity rights, and any other rights you have in your Information, in any media now known or not currently known. DV will only use your Information in accordance with our Privacy Policy.

Billing and Payment Policy

Users shall pay for the Services through the e-commerce functions provided by or through the Site. In such instances, DV will charge the User’s credit card according to the fee schedule provided. User agrees to provide such information as required by DV in order to process registration (including personal and credit card information). While DV will use reasonable commercial efforts to ensure the privacy of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties. User does hereby agree to hold DV harmless for any damages that may result therefrom. DV will use a third party service to process credit card information. For further information regarding that service, please contact https://stripe.com/contact to request information about DV’s credit card processing company. The User consents to DV’s reporting of enrollment information to the IRS and other governmental agencies as may be required by law.

Payment Terms

A. Billing Policies. Certain aspects of the Service may be provided for a fee or other charge. If you elect to use paid aspects of the Service, you agree to the pricing and payment terms, as we may update them from time to time. DV may add new services for additional fees and charges, add or amend fees and charges for existing services, at any time in its sole discretion. Any change to our pricing or payment terms shall become effective in the billing cycle following notice of such change to you as provided in this Terms of Use. Purchases may be processed through a third party provider. If so, you will be provided a notice when entering their payment information directing them to a third party payment service provider’s terms of service and privacy policy and all payments made are governed by such terms of service and privacy policy.

B. No Refunds. You may cancel your DV account at any time; however, there are no refunds for cancellation. In the event that DV suspends or terminates your account or this Terms of Use, you understand and agree that you shall receive no refund or exchange for any DV content, any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your account, or for anything else.

C. Bundled Services / Bulk Subscriptions; Payment Terms.  We may from time to time offer products and services that are bundled or grouped in a series (e.g., a 6-month compilation set).  Except as otherwise expressly agreed upon in writing by us, such services shall be non-refundable for any reason after the applicable trial period.  The user of such services hereby expressly acknowledges and consents to this “no refund” policy.  All other terms and conditions relating to the delivery and use of our products and services shall apply to all bundled/bulk subscriptions or services.

D. Payment Information; Taxes. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible and pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.

Fees

You shall pay all fees specified in any subscription to Service (“Subscription”). We will charge you a periodic fee based on the Subscription you choose or use. Such fees shall be billed in advance for each period and are non-refundable except as explicitly set forth in this Terms of Use. Except for refunds provided for cancellation of Subscriptions within the first fourteen (14) days, as set forth in the section below entitled “Cancellation and Termination”, there will be no refunds or credits for partial months of service or for periods in which your Subscription remains active but you do not use the Services.

We reserve the right to modify our billing rates at any time by posting such fee changes to the Service or on our website or notify you through other procedures. Any changes in fees will not become effective until your next billing cycle.

At our discretion, we may offer free or discounted pricing for trial use of the Service (a “Trial Program”). Once the terms of any Trial Program have expired, you agree that our normal billing rates shall apply. You may only participate in a Trial Program if you agree to comply with any additional terms, restrictions or limitations (including limitations on the total amount of usage) we impose in connection with any Trial Program. You may not sign-up for multiple Accounts to, for example, receive additional benefits under any Trial Programs or otherwise attempt to circumvent any fees due to DV.

Cancellation and Termination

If you wish to cancel your Subscription, you can do so by logging into your account and proceeding with this option through the Account menu.  You will remain liable for all charges accrued on your account up to the time that you downgrade or cancel your Subscription, including full monthly fees for the month (monthly Subscription) in which you cancelled or the full annual fee (annual Subscription) for the year in which you cancelled, provided however that if you cancel your Subscription within the first fourteen (14) days of opening your account, you will receive a refund of your Subscription fee.

Upon cancellation of your Subscription, DV is under no obligation to maintain or store your account information. DV may, at its option, either delete your information immediately or retain it (in full or in part) in accordance with DV’s processes and practices (including, without limitation, the Privacy Policy).

DV reserves the right at any time, and without cost, charge or liability, to terminate your account at its sole discretion for any reason, including, but not limited to, a failure to comply with the terms of this Terms of Use. In addition, DV may, in its sole discretion, at any time, temporarily or permanently suspend access to your account, Subscription or Services for any violation or suspected violation of this Terms of Use. DV also reserves the right to deny access to anyone. DV reserves the right to terminate any portion of the Service at any time, for any reason, with or without notice.

Indemnification

By agreeing to the terms of these Terms of Use, Users agree to indemnify, defend, and hold harmless DV, its directors, officers, employees, agents, licensors, attorneys, independent contractors, providers, subsidiaries, and affiliates (collectively referred to herein as “Affiliates “) from and against any and all claim, loss, expense or demand of liability, including attorneys’ fees and costs incurred by DV and Affiliates in connection with any claim by a third party (including, but not limited to, an intellectual property claim) arising out of use of the Site in violation of these Terms of Use or in violation of any applicable law. Users further agree that they will cooperate as reasonably required in the defense of such claims. DV and Affiliates reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Users, and Users shall not, in any event, settle any claim or matter without the written consent of DV. Users further agree to hold harmless DV and Affiliates, as well as, if applicable, the User’s employer or anyone who pays for the Service on the User’s behalf, from any claim arising from a third party’s use of information or materials of any kind that they transmit through or post on the Site.

Effectiveness; Termination

These Terms of Use will become effective immediately upon any use by any User of the Site. DV may terminate a User’s ability to use or access the Site by providing the affected User or Users with written or email notice of such termination, which shall be effective immediately upon delivery of such notice to the User or Users. Furthermore, DV may terminate a User’s registration with the Site immediately for any breach of these Terms of Use or any applicable policy of DV as posted on the Site from time to time. All decisions regarding the termination of accounts shall be made in the sole discretion of DV. DV is not required to provide any User with notice prior to terminating the User’s registration with, or access to, the Site. DV is not required to disclose, and may be prohibited from disclosing, a reason for the termination of the User’s account. Even after the User’s registration/access is terminated, these Terms of Use will remain enforceable against such terminated User. All terms that by their nature may survive termination of these Terms of Use shall be deemed to survive such termination.

Intellectual Property Rights

All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively “Proprietary Material”) on the Site is owned by DV or is used with permission. This Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. DV owns all Proprietary Material as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials as a Collective Work under the United States Copyright Act, as amended. Except as expressly provided on the Site or in the Terms of Use, Users may not copy, download, use redesign, reconfigure, or retransmit anything from the Site without DV’s prior express written permission. Furthermore, Users are not allowed to post or distribute any material that they do not own, or which they do not have permission to use. Violation of this policy may result in copyright, trademark or other intellectual property rights violations and liability, and subject Users to termination from the use of this Site or civil or criminal penalties. In addition, the Site contains material protected by the domestic and international laws of copyright, patents, and other proprietary rights and laws. Any use of such Proprietary Material, other than as permitted therein, is expressly prohibited without the prior permission of DV and/or the relevant right holder.

Notice of Trademark Rights

The service marks and trademarks DECISIONVIZ and the DV logo are service marks owned by DV. Any other trademarks, service marks, logos and/or trade names appearing on the Site are the property of their respective owners. Users acknowledge the rights of DV and the respective third parties in those marks. Users may not copy or use any of these marks, logos or trade names without the prior written permission of the owner as expressly allowed by these Terms of Use.

Privacy

DV’s Privacy Policy located on this Site as modified by DV from time to time shall govern any disclosure or use of User’s personal information. By using this Site, you do hereby represent, understand and agree that you have reviewed and agree to those terms.

Copyright Complaints and Copyright Agent

DV respects the intellectual property of others, and asks Users to do the same. DV seeks to be in continuing compliance with the Digital Millennium Copyright Act. In order to protect intellectual property from misuse, DV asks Users to help us. If Users believe, in good faith, that any materials on the Site infringe upon Users’ copyrights, please provide DV’s Copyright Agent with the following information:

1. An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest; 2. A description of the copyrighted work that you claim has been infringed, including the URL (Internet address) or other specific location on the Site where the material you claim is infringed is located. Include enough information to allow DV to locate the material, and explain why you think an infringement has taken place; 3. A description of the location where the original or an authorized copy of the copyrighted work exists — for example, the URL (Internet address) where it is posted or the name of the book in which it has been published; 4. Your address, telephone number, and e-mail address; 5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law. 6. A statement by you, made under penalty of perjury, that the information in your Notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

DV’s Copyright Agent for Notice of Claims of Copyright Infringement can be reached at the following information: by mail, DecisionViz, 916 Harding Street, Westfield, NJ 07090. DV will terminate access to the Site of those who engage in repeated acts of infringement.

Limited License

DV grants Users a nonexclusive, revocable right to use the Site provided that Users do not (i) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, (ii) modify or attempt to modify the Site in any manner or form, or (iii) violate any term in these Terms of Use.

Modifications to the Site

DV reserves the right in its sole discretion to review, improve, modify or discontinue, temporarily or permanently, the Site or any content or information on the Site with or without notice to the User. Users have the same rights with regard to their self-generated content on the Site. Users agree that DV shall not be liable to User or any third party for any modification or discontinuance of the Site.

User account, Password and Security

Users are responsible for maintaining the confidentiality of any password and account number provided by themselves or DV for accessing the Site, and are fully responsible for all activities that occur under User’s password or account. User agrees to immediately notify DV of any unauthorized use of Users’ password or account or any other breach of security.

No Agency

Users are not legally affiliated with DV in any way by virtue of their registration with or usage of this Site and no independent contractor, agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by these Terms of Use.

Disclaimer of Warranties

USER EXPRESSLY AGREES THAT THE USE OF THIS SITE IS AT THE USER’S SOLE RISK. NEITHER DV NOR ITS AFFILIATES OR LICENSORS WARRANT THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR THAT THE SITE WILL BE ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SITE OR ANY REPORTS RELATING THERETO. DV IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE WEBSITE OR SERVICE. THE SITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER DV NOR ITS AFFILIATES OR LICENSORS WARRANT OR GUARANTEE THE TIMELINESS, ACCURACY OR COMPLETENESS OF THE INFORMATION APPEARING ON THE SITE. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO RESULTS OF ANY USER’S USE OF THE INFORMATION AVAILABLE ON OR VIA THE SITE. DV AND ITS AFFILIATES DO NOT WARRANT THAT THE SITE IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. THE COMPANY AND ITS AFFILIATES TAKE REASONABLE MEASURES TO ENSURE THAT THE INFORMATION PROVIDED BY USERS IS DISCLOSED ONLY TO THOSE PERSONS SPECIFIED BY USERS. DV AND ITS AFFILIATES CANNOT AND DO NOT, GUARANTEE THAT THE PERSONAL INFORMATION ENTERED BY USERS WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS. USERS AGREE NOT TO HOLD DV OR ITS AFFILIATES LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ANY SUCH MISAPPROPRIATION, INTERCEPTION, DELETION, DESTRUCTION OR USE OF INFORMATION PROVIDED BY USERS THROUGH THE SITE. THE COMPANY AND AFFILIATES SHALL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING FROM THE USE OR INABILITY TO USE THE SITE.

Limitation of Liability

Under no circumstances will DV or its Affiliates be liable to Users for any indirect, incidental, consequential, special or exemplary damages arising from any provision of these Terms of Use or any violation of any provision of these Terms of Use. Furthermore, the aggregate liability of DV or its Affiliates arising with respect to these Terms of Use and the Site will not exceed the total amounts paid by any User in the previous twelve (12) months under these Terms of Use. Any notice or other communication to be given hereunder will be in writing and given by facsimile, postpaid registered or certified mail return receipt requested, or electronic mail.

Arbitration

Any controversy or claim arising out of or relating to an alleged breach of these Terms of Use or the operation of this Site shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association before a single arbitrator. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Union County, New Jersey and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or DV may seek any interim or preliminary relief from a court of competent jurisdiction in Union County, New Jersey, necessary to protect the rights of property for you or DV pending the completion of arbitration.

General Provisions

Failure by DV to enforce any provision(s) of these Terms of Use shall not be construed as a waiver of any provision or right. These Terms of Use, and all other aspects of use of the Site, shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflict of laws rules. Any controversy or claim that is not subject to the Arbitration provision set forth in these Terms of Use, other than action for a specific performance or for injunctive relief brought by DV, shall be exclusively brought in the federal, state, or local courts located in New Jersey; and, with regard to such claims and disputes, Users hereby irrevocably (i) submit to the exercise of personal jurisdiction over them by these courts, and (ii) waive any jurisdictional, venue or inconvenient forum objections to such courts. These Terms of Use constitute the entire agreement between Users and DV with respect to the Site. If any provision of these Terms of Use is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining Terms of Use shall remain in full force and effect. These Terms of Use inure to the benefit of DV, its successors and assigns.