Terms of Use
Welcome to
the Automate Your Sales Team ("AYST") Web site (the
"Site"). By accessing this Site, you agree to be bound by
the terms and conditions below (the "Terms"). If you do not
agree to all of the Terms, please do not use the Site. AYST
may from time to time modify or revise the Terms by
updating this Web page. Your use of our Site following any
such change constitutes your agreement to follow and be
bound by the Terms as changed. If any change is
unacceptable to you, your only recourse is to terminate
your use of the Site.
COPYRIGHT AND
TRADEMARK NOTICE
This Site and its contents, including, but not limited to,
text, photographs, graphics, illustrations, video, sound,
and other material (all such content collectively referred
to as "Content") are protected under United States and
international copyright laws and are the property of AYST.
All rights reserved. All logos, splash screens, page
headers, custom graphics, and button icons displayed on
this Site are service marks, trademarks, and/or trade dress
(collectively, "Marks") of AYST. Except as specifically
permitted herein, copying, distributing, transmitting,
displaying, modifying, selling or participating in the sale
of, or otherwise exploiting or using any Content or any
Marks in any form or by any means without the express
written permission of AYST is prohibited and may violate
the copyright or trademark laws of the United States and/or
other countries.
The Site and its Contents are intended solely for personal,
noncommercial use by the users of our Site. You may
download or copy the Contents displayed on the Site for the
sole purpose of using the Site as a personal resource,
provided that you maintain any notices contained in the
Content, such as all copyright notices, trademark legends,
or other proprietary rights notices. No right, title, or
interest in any downloaded materials is transferred to you
as a result of any such downloading or copying.
YOUR COMMENTS
We appreciate your comments, remarks, feedback,
suggestions, ideas, and other submissions you disclose or
transmit to us (collectively, "Comments"). You grant AYST
and its affiliates a perpetual, irrevocable, worldwide,
royalty-free right and license to use, reproduce, modify,
adapt, publish, translate, create derivative works of,
distribute, publicly perform, and publicly display (in
whole or in part) your Comments, your name, and any related
copyrights, moral rights, or other intellectual property
rights.
PRIVACY
It is our policy to respect the privacy of individuals who
visit the Site or provide Comments to us. Our privacy
policy (the "Privacy Policy") is incorporated herein by
reference. By accepting these Terms, you expressly
consent to the use and disclosure of your personally
identifiable and other information as described in the
Privacy Policy.
LINKED
SITES
This Site may contain links to other Web sites ("Linked
Sites"). AYST does not operate or control any information,
products, or services on the Linked Sites and does not
endorse or approve any products or information offered at
Linked Sites. You acknowledge and agree that your access or
use of any Linked Site is at your own risk.
DISCLAIMER
THIS SITE, ITS CONTENTS, AND ALL INFORMATION, PRODUCTS, AND
SERVICES CONTAINED IN OR OFFERED THROUGH THIS SITE ARE
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT
REPRESENTATIONS OR WARRANTIES OF ANY KIND. AYST
EXPRESSLY DISCLAIMS ALL SUCH REPRESENTATIONS AND
WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT AND ANY
IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE
OF PERFORMANCE. AYST DOES NOT WARRANT THAT THIS SITE
OR ITS CONTENTS WILL BE COMPLETE, ACCURATE, UNINTERRUPTED,
SECURE, OR ERROR FREE OR THAT THE SITE OR THE SERVER THAT
MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. ALL INFORMATION ON THE SITE IS SUBJECT TO
CHANGE WITHOUT NOTICE.
INDEMNIFICATION
You agree to defend, indemnify, and hold AYST harmless from
and against any and all claims, losses, damages,
liabilities, costs, and expenses, including attorneys'
fees, arising from or related to your (i) use of the Site
or (ii) violation of any of these Terms.
LIMITATION OF
LIABILITY
IN NO EVENT SHALL AYST BE LIABLE FOR ANY DIRECT,
INDIRECT, CONSEQUENTIAL, SPECIAL, OR INCIDENTAL DAMAGES
ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO
USE THIS SITE OR GOODS OR SERVICES PURCHASED OR OBTAINED
THROUGH THIS SITE, WHETHER IN AN ACTION UNDER CONTRACT,
NEGLIGENCE, OR ANY OTHER THEORY, EVEN IF SMW HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. AYST's total
liability for any claim arising from or related to your use
of this Site shall not exceed one hundred dollars (US$100).
MISCELLANEOUS
These Terms are governed by and shall be construed in
accordance with the laws of the State of Wisconsin without
giving effect to any principles of conflicts of law. If any
provision of these Terms shall be unlawful, void, or for
any reason unenforceable, then that provision shall be
deemed severable from these Terms and shall not affect the
validity and enforceability of any remaining provisions.
These Terms are effective unless and until terminated by
Vistelar.