|미국 본사||일본 본사|
|비전 모바일 USA||주식회사 비전|
|18726 S Western Ave Suite 120 Gardena, CA 90248||우163-1305 도쿄도 신주쿠구 니시신주쿠 6초메 5번 1호 신주쿠 아일랜드타워 5층|
|창업 : 1995 年6 月1 日
자본 : ¥ 2,337,064,000
BY PLACING AN ORDER THROUGH THIS WEBSITE, YOU AGREE AND ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, THESE TERMS AND CONDITIONS, AS MAY BE AMENDED FROM TIME TO TIME. PLEASE PRINT A COPY OF THESE TERMS AND CONDITIONS FOR YOUR RECORDS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THIS WEBSITE OR PLACE AN ORDER.
TERMS AND CONDITIONS
By placing an order on this website, you (“User”) agree that these Terms and Conditions and any other terms set forth on this website or contained on an order page (collectively, the “Terms”) apply to such order and that the Terms constitute a binding legal contract between User and Vision Mobile USA Corp. (the “Company”). The products, information, and services on this website, which includes, without limitation, mobile Wi-Fi routers, accessories, accompanying user guides, etc. (collectively, “Equipment”), and Equipment rental and related services (collectively, the “Services”), are provided by the Company subject to User’s compliance with these Terms.
1. Order. In order to place an order for Equipment or Services on this website (“Order”), User must (i) be at least 18 years of age, (ii) accept these Terms, and (iii) register as a member by providing accurate and complete information, including a valid email address. The Company shall have the right, in its sole discretion, to accept or reject an Order. The Company will use commercially reasonable efforts to provide Order acknowledgment, Order rejection, or Order hold, via email to the email address provided by User during the Order placement process. Notwithstanding the foregoing, the Company reserves the right to cancel any acknowledged Orders at any time.
2. Equipment Rental Term. When placing an Order for the rental of Equipment, User will be required to enter a desired rental start date (“Start Date”) and desired rental end date (“End Date”) (“Rental Term”). The Order must be placed at least ____ business days before the desired Start Date. Rental fees will start accruing on the Start Date or upon User’s receipt of the Equipment, whichever is earlier, on a full-day basis. If User desires to extend the Rental Term, User shall contact the Company prior to the End Date.
3. Equipment Delivery. When placing an Order for the rental of Equipment, User shall enter an address to which Equipment should be delivered. The Company shall use commercially reasonable efforts to deliver Equipment to the designated address by the Start Date, but failure to deliver Equipment by the Start Date shall not entitle User to rescind Orders or to any compensation or damages of any kind. The Company shall not be liable for failure to ship, or delays in shipment for any reason. If User is unavailable to accept or fails to accept the delivery of Equipment for any reason, Equipment shall be deemed delivered and accepted, and User shall be liable for all rental charges and all other applicable charges and for the return of Equipment. User is responsible for inspecting Equipment and verifying that it is in good working order and condition upon receipt, and if Equipment is not in good working order or does not conform to the general specifications set forth in the Order, User shall immediately notify the Company.
4. Use, Care, and Maintenance of Equipment. User agrees to only use and operate, at its own risk, the Equipment in the region designated in the Order and in accordance with its accompanying user guide. User further agrees to (i) maintain the Equipment in good condition, including keeping it clean and removing particulates or accumulations of foreign material on a regular basis; (ii) promptly notify the Company in the event of any damage or necessary repair; (iii) use and operate the Equipment in strict compliance with all laws, decrees, statutes, rules, regulations, codes, and ordinances of any jurisdiction that may be applicable to such activities and only for the purpose for which the Equipment was intended; (iv) use and operate the Equipment in accordance with these Terms, all applicable instructions provided by the Company, and only for the purpose for which the Equipment was intended; and (v) not remove any labels or trademarks affixed by the Company or manufacturer of the Equipment. In addition, User agrees that in no event shall User modify, alter, disassemble, reverse engineer, reproduce, sublease, resell, repair, damage, dispose, or assign the Equipment. If the Company discovers that User has breached any of these Terms, the Company may discontinue any Services, deactivate the Equipment, and require User to return the Equipment in advance of the End Date.
5. Fees, Taxes, and Other Charges. Fees for the rental and use of the Equipment and Services (“Fees”) for the proposed Rental Term shall be calculated based on the rate schedule posted on the Company’s website, which may be amended without notice, including correction for pricing errors that appear on this website. All prices shall be in U.S. dollars. To complete an Order, User is required to enter User’s credit card number and pre-pay the initial Fees plus any applicable taxes, shipping charges, handling fees, and other applicable charges, which will be reflected on the order page prior to payment. By providing the credit card number to the Company, User represents to the Company that User is an authorized user of the credit card and that User authorizes the Company to charge the Fees and other applicable charges described herein to such credit card. The credit card details will be kept on file until the Company receives the Equipment returned by User and all charges that are due are paid. Disputed credit card charges that result in action from the Company’s merchant account provider, otherwise known as “chargebacks,” will result in a fee of $35 plus cost of collection if it is found that the charges were valid.
6. Excessive Data Usage. The Company may charge an additional fee, suspend Services, or restrict bandwidth of any data connection in the event the Company or the local telecommunication provider/network determines, in their sole discretion, that User’s data usage is excessive. Video-streaming, online gaming, VOIP, FTP, etc. may be causes of excessive data usage. User will continue to be responsible for payment of the Fees even if Services are suspended or restricted for the foregoing reasons.
7. Title, Risk of Loss. Each party acknowledges and agrees that the Equipment is the sole property of the Company or its partner companies. User further acknowledges and agrees that User shall have no right, title, or interest in or to the Equipment except as expressly set forth in these Terms. User agrees to bear all risk of loss, theft, destruction, or damage to the Equipment from any cause whatsoever during the Rental Term or while the Equipment is in User’s possession, custody, or control. User agrees to notify the Company immediately of any such loss or damage and to comply with any instruction provided by the Company. User shall, at its expense, keep the Equipment free and clear of any lien or encumbrance of any nature and shall ensure that the Company’s right, title, and interest in or to the Equipment is not impaired. Insurance may be available for purchase at an additional charge. User may not purchase the Equipment.
8. Equipment Return. Upon expiration of the Rental Term, User shall return the Equipment, in good working order and condition, in accordance with the Company’s shipping instructions. If User does not return the Equipment within two business days of the End Date, User may be charged an extended rental and usage rate on a per day basis as set forth in the online rate schedule until the Company confirms receipt of the Equipment plus a late return fee as set forth in the online rate schedule. If the Company discovers that, upon receipt of the returned Equipment, User failed to maintain the Equipment in good working order and condition during the Rental Term, the Company shall notify User and shall charge an additional fee as set forth in the online rate schedule.
9. Order Cancellation or Modification. If User desires to cancel or modify a placed Order, User shall immediately contact the Company and comply with the Company’s instructions, including, without limitation, the prompt return of the Equipment. User may be assessed cancellation fees as set forth in the online rate schedule.
10. Limited Warranty and Disclaimer. If the Equipment fails to perform in accordance with the manufacturer’s specifications and instructions, User shall promptly notify the Company and follow the Company’s instructions, and the Company will repair or replace the Equipment as soon as practical. The foregoing sentence does not apply to failures or defects caused by accidents, misuse or use against the Company’s or the manufacturer’s instructions, abuse, neglect, mishandling, misapplication, modification, alteration, faulty installation, improper maintenance, modification, or service by anyone other than the Company. EXCEPT FOR THE FOREGOING SENTENCE, THE COMPANY DISCLAIMS (AND BY ACCEPTING THE EQUIPMENT USER WAIVES) ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, RELATED TO THE EQUIPMENT, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES RELATED TO THE DESIGN, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE USER’S USE OF THE EQUIPMENT OR SERVICES WILL BE SECURE, UNINTERRUPTED, OR DEFECT-FREE OR THAT THE EQUIPMENT OR SERVICES WILL MEET USER’S REQUIREMENTS.
11. Limitation of Liability. THE TOTAL LIABILITY OF THE COMPANY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE PERFORMANCE OR BREACH OF THESE TERMS OR EQUIPMENT SHALL NOT EXCEED THE TOTAL AMOUNTS PAID BY USER TO THE COMPANY FOR THE AFFECTED EQUIPMENT. UNDER NO CIRCUMSTANCES WILL THE COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, LOSS OF PROFITS OR REVENUES, LOSS OF USE OF DATA, OR INTERRUPTION OF BUSINESS, HOWEVER CAUSED IN CONNECTION WITH OR ARISING OUT OF THESE TERMS OR THE USE OR NON-USE OF THE EQUIPMENT, WHETHER SUCH ALLEGED DAMAGES ARE ALLEGED IN TORT, CONTRACT, WARRANTY, INDEMNITY, OR OTHERWISE, WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEABLE.
12. Indemnification. To the fullest extent permitted by law, User shall, at its own expense, indemnify, defend, protect, and hold the Company, its shareholders, officers, directors, agents, and employees harmless from and against all Claims (as defined below) related to (i) the use by User or its family members, friends, employees, agents, or any other individual or entity who User permitted to use the Equipment; (ii) User’s breach of these Terms; or (iii) any act or omission of User or its family members, friends, employees, agents, or any other individual or entity who User permitted to use the Equipment related to or involving the Equipment or these Terms. For purposes hereof, “Claims” means any and all claims, causes of action, losses, costs, liabilities, damages, charges, fines, penalties of any kind (including reasonable attorneys’ fees). This indemnification extends to and includes Claims for: (x) injury to any persons (including death at any time resulting from that injury) and (y) loss of, injury or damage to, or destruction of real or personal property (including all loss of use resulting from that loss, injury, damage, or destruction; and all economic losses and consequential, resulting, incidental, or punitive damages of any kind. The provisions of this section shall survive termination of these Terms until all Claims involving any of the indemnified matters are fully, finally, and absolutely barred by the applicable statutes of limitation.
13. Governing Law. These Terns shall be governed by, construed, and enforced in accordance with the laws of the State of California. Each party agrees that any dispute or controversy related to these Terms shall be brought in the courts (whether federal or state) in Orange County, California, and the appellate courts having jurisdiction thereover. The prevailing party in any proceeding concerning or arising out of these Terms shall be entitled to reimbursement of its reasonable costs, including attorneys’ and accounting fees, incurred in connection with any such matter. The term “prevailing party” shall include, without limitation, a party who substantially obtains or defeats the relief sought, as the case may be, whether by compromise, settlement, judgment, or the abandonment by the other party of its claim or defense. The attorneys’ fees award shall not be computed in accordance with any court fee schedule, but shall be such as to fully reimburse all attorneys’ fees reasonably incurred.
14. Assignment. These Terms may not be assigned by User without the prior written consent of the Company.
15. Severability. If any provision of these Terms is declared to be invalid or unenforceable by a final judgment, order or decree of any court or administrative body having proper jurisdiction, then, as to that jurisdiction only, such provision shall be deemed to be severed from these Terms and the remainder of these Terms shall remain in full force and effect. Furthermore, in lieu of each illegal, invalid or unenforceable provision there shall be added automatically as part of these Terms a provision as similar in terms to such illegal, invalid or unenforceable provision as may be possible and be legal, valid and enforceable.
16. Termination. The Company may immediately terminate these Terms and the use of the Equipment and Services upon the occurrence of any of the following termination events:
a. User breaches any obligation under these Terms or violate any laws.
b. The Company or User ceases to conduct business in the normal course, becomes insolvent, enters into suspension of payments, moratorium, reorganization or bankruptcy, makes a general assignment for the benefit of creditors, admits in writing its inability to pay debts as they mature, suffers or permits the appointment of a receiver for its business or assets, or avails itself of or becomes subject to any other judicial or administrative proceeding that relates to insolvency or protection of creditors’ rights.
c. The Company discovers that User obtained the Equipment and Services by misrepresentation or fraudulent means.
17. Consequences of Termination. Upon the expiration or termination of these Terms, all rights granted to User hereunder will immediately cease and User will return the Equipment in accordance with the Company’s shipping instructions. Upon the termination of these Terms under this section by the Company, User will not be entitled to any payments, damages, or other amounts from the Company, whether for actual, consequential, indirect, special or incidental damages, costs or expenses, whether foreseeable or unforeseeable (including, but not limited to, labor claims and loss of profits, investments or good will), any right to which User hereby expressly waives and disclaims. Sections 5, 10, 11, 12, 13, 15, and 17 shall survive termination of these Terms.
18. Force Majeure. In no event shall the Company be liable for non-delivery or delays in delivery or for failure or delay in the performance of any other obligations contained herein arising directly or indirectly from causes beyond the Company’s control, including, without limitation, acts of God, unforeseeable circumstances, acts including delays or failure to act of any governmental authority, war, riot, revolution, priorities, fires, floods, weather, strikes, labor disputes, sabotage, epidemics, factory shutdowns, alterations, embargoes, delays or shortages in transportation, delay or inability to obtain or procure labor, manufacturing facilities, or materials, inability to obtain timely instructions or information from User, or accidents. The foregoing provision shall apply even though such causes may occur after the Company’s performance of its obligations has been delayed for other causes.
19. Miscellaneous. A waiver by the Company of any default or of any of the Terms shall not be deemed to be a continuing waiver of any other default, but shall apply solely to the instance to which the waiver is directed. The Company reserves the right to change these Terms or any other the terms and conditions at any time and make changes to any products or services offered on the website without notice.
개인 정보 보호 정책
What information do we collect and how do we collect?
• We collect information from you when you visit our website, register on the website, place an order, enter a contest or promotion, respond to a survey or communication such as email, use or participate in another website feature, or contact us.
• When ordering, registering, or contacting us, we may ask you for your name, email address, mailing address, billing address, phone number, credit card information, username, password, and other information.
• Like many websites, we use "cookies" to enhance your experience and gather information about visitors and visits to our websites. Please refer to the "Do we use 'cookies'?" section below for information about cookies and how we use them.
• Certain information is collected by browsers or automatically through your device such as IP address, MAC address, computer type, domain name, session length, etc.
• Mobile applications. When you download and use one of our mobile applications or access the website through your mobile device, we may collect usage data.
How do we use your information?
We may use the information we collect from you in the following ways:
• To personalize your website experience and to allow us to deliver the type of content and product offerings in which you are most interested.
• To allow us to better service you in responding to your customer service requests.
• To process and fulfill orders, including but not limited to, sending emails to you to confirm your order and shipment status.
• To verify your identity and delivery address.
• To process or collect payments as authorized by you and/or in accordance with our Terms and Conditions.
• To allow you to use our online technologies.
• To administer a contest, promotion, survey or other website feature.
• To develop new products and services
• To communicate with you and to send you information regarding our products and services.
• To help us learn more about shopping preferences and market trends.
• To prevent, detect, mitigate, and investigate fraud, security breaches, and activities that may be prohibited or illegal.
• To enforce our Terms and Conditions or other policies.
• To comply with a law, regulation, or legal request.
How do we protect visitor information?
We implement a variety of security measures to maintain the safety of your personal information. Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems and who are required to keep the information confidential. When you place orders or access your personal information, we offer the use of a secure server. All sensitive information you supply is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our databases to be accessed only as stated above. However, communications you transmit to the website such as questions, comments, suggestions, or other similar inquiries will not be encrypted or otherwise secured or treated confidentially.
Notwithstanding the foregoing, we cannot guarantee the protection of your personal data transmitted electronically due to the nature of the Internet. You should be aware that when personal information is disclosed or transmitted on the Internet, it may be collected by another party.
Do we use "cookies"?
We may contract with third-party service providers to assist us in better understanding our website visitors. These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business.
You can choose to adjust your web browser settings to warn you each time a cookie is being sent, or you can choose to disable all cookies. If you disable cookies, you will not have access to many features that make your website experience more efficient and some of our services will not function properly. However, you can still place orders over the telephone by contacting customer service.
How do we disclose the information we collect to outside parties?
With Your Consent: We may share or disclose your information at your direction, such as when you authorize a third-party web client or application to access your account.
Non-Private or Non-Personal Information: We may share or disclose your non-private, aggregated or otherwise non-personal information, such as your user profile information, posts, the people you follow or that follow you, or the number of users who clicked on a particular link, to other parties for marketing, advertising, statistical, or other uses.
How can you opt-out, remove or modify information you have provided to us?
If you are a registered user of our services, we provide you with tools and account settings to access or modify the personal information you provided to us and associated with your account. Please note that due to email production schedules, you may receive any emails already in production after modifying such settings. We may also maintain information about an individual sales transaction in order to service that transaction and for record keeping.
You can also contact us at the following:
Vison Mobile USA Corp.
14451 Chambers Rd Suite 250 Tustin, CA 92780
Third party links
In an attempt to provide you with increased value, we may include third party links on our website. These linked sites have separate and independent privacy policies. We therefore disclaim all responsibility or liability for the content or activities of these linked sites. Nonetheless, we seek to protect the integrity of our website and welcome any feedback about these linked sites (including if a specific link is broken).
The website is not directed at children under the age of 13 and does not knowingly collect personal information from children under the age of 13. If VMU obtains actual knowledge that it has obtained personal information about a child under the age of 13, that information will be immediately and permanently deleted from our records.
Changes to our policy
Questions and feedback
We welcome your questions, comments, and concerns about privacy. Please send us any and all feedback pertaining to privacy, or any other issue at the following:
Vison Mobile USA Corp.
14451 Chambers Rd Suite 250 Tustin, CA 92780
Terms and Conditions
California Privacy Rights
California Civil Code Section 1798.83 permits customers of VMU who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please write to us at the following address:
Vison Mobile USA Corp.
14451 Chambers Rd Suite 250 Tustin, CA 92780
Attention: Legal Department-California Privacy Rights
California Do Not Track Disclosure
Do Not Track is a privacy preference that users can set in their web browsers. When a user turns on the Do Not Track signal, the browser sends a message to websites requesting them not to track the user. At this time, we do not respond to Do Not Track browser settings or signals. For information about Do Not Track, please visit: www.allaboutdnt.org.
VMU reserves the right, in its sole discretion, to change or replace any of these Terms or any other the terms and conditions at any time or to make changes to any products or services offered on the Website without notice. Further, VMU reserves the right to change, suspend, or discontinue the Website without notice at any time. It is your responsibility to check the Terms for changes. Your continued use of the Website following the posting of any changes to the Terms constitutes your acceptance of and agreement to be bound by those changes. In no event shall VMU be liable for any change, suspension or discontinuance of the Website or to any product, service, or content offered on the Website.
Copyright; Proprietary Rights
The entire content included in this Website, including but not limited to text, graphics, interfaces, trademarks, logos, sounds, or code is copyrighted as a collective work under U.S. and other copyright laws, and is the property of VMU. The collective work includes works that are licensed to VMU. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the Website solely for your own non-commercial use, to place an order with VMU, or to purchase VMU products or services. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content, materials or design elements of this Website is strictly prohibited. You further agree not to alter or delete any proprietary notices from materials downloaded from the Website.
Any and all rights not expressly granted herein are reserved.
VMU respects the intellectual property rights of others and will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide VMU with the following information at the address below: (i) a physical or electronic signature of the copyright owner or a person authorized to act on his/her/its behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit VMU to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Vison Mobile USA Corp.
Attention: Copyright Agent
Vison Mobile USA Corp.
Attention: Copyright Agent
14451 Chambers Rd Suite 250 Tustin, CA 92780
All trademarks, service marks and trade names of VMU used on the Website are trademarks or registered trademarks of VMU.
YOU AGREE TO USE THIS WEBSITE AT YOUR OWN RISK. THIS WEBSITE AND THE CONTENT, MATERIALS, FUNCTIONS, PRODUCTS AND SERVICES AVAILABLE ON OR ACCESSED THROUGH THIS WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, VMU DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. VMU DOES NOT REPRESENT OR WARRANT THAT (I) THE FUNCTIONS CONTAINED IN THE WEBSITE, OR YOUR USE OF THE WEBSITE, WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (II) ANY DEFECTS WILL BE CORRECTED, (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIALS PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS, OR (IV) THIS WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. VMU DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHER CONDITION OF THE MATERIALS IN THIS WEBSITE.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, VMU SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF DATA, LOSS OF USE OF THE PRODUCT, OTHER EQUIPMENT, OR SERVICES, LOSS OF PROFITS OR REVENUE, INTERRUION OF BUSINESS, COST OF CAPITAL, OR CLAIMS AGAINST YOU, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE; ERRORS OR OMISSIONS IN THE CONTENT OR FUNCTIONS OF THIS WEBSITE; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OF DATA; ANY STATEMENT OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; THE PERFORMANCE OF THE PRODUCTS OR SERVICES; OR ANY OTHER MATTER RELATING TO THIS WEBSITE, EVEN IF VMU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF VMU AND ITS AFFILIATES EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).
To the fullest extent permitted by law, you agree to indemnify, defend, protect, and hold harmless VMU, its shareholders, officers, directors, agents, and employees from and against all Claims (as defined below) related to or arising out of or in connection with your use of the Website or your breach of these Terms. For purposes hereof, “Claims” means any and all claims, causes of action, losses, costs, liabilities, damages, charges, fines, penalties of any kind (including reasonable attorneys’ fees). This indemnification extends to and includes Claims for: (x) injury to any persons (including death at any time resulting from that injury) and (y) loss of, injury or damage to, or destruction of real or personal property (including all loss of use resulting from that loss, injury, damage, or destruction; and all economic losses and consequential, resulting, incidental, or punitive damages of any kind). The provisions of this section shall survive termination of these Terms until all Claims involving any of the indemnified matters are fully, finally, and absolutely barred by the applicable statutes of limitation.
In the event that a product’s or service’s price or description contains a typographical error on this Website, VMU reserves the right to refuse or cancel any orders placed for such product or service at the incorrect price or with the incorrect description. VMU reserves the right to refuse or cancel any such orders whether or not the order has been confirmed or payment has been charged to a credit card. If the credit card has already been charged for the purchase and the order is cancelled, VMU shall issue a credit to the credit card account.
VMU has no obligation to monitor the Website or any use thereof. However, VMU reserves the right at all times and without notice to monitor, review, retain, or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental (including law enforcement) request.
The Terms are applicable to you upon your accessing the Website and/or completing the registration or shopping process. The Terms, or any part of them, may be terminated by VMU without notice at any time, for any reason or for no reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
VMU may deliver notice to you by e-mail, a general notice on the Website, or by other method to the address you have provided to VMU, and you consent to receive communications from VMU electronically. You further agree that all agreements, notices, disclosures, and other communications that VMU provides to you electronically satisfy any legal requirement that such communications be in writing. You may send notices to VMU to the following address: Vison Mobile USA Corp.
Attention: Copyright Agent
14451 Chambers Rd Suite 250 Tustin, CA 92780
Use of Site
As a condition of use, you promise not to use the Website for any purpose that is unlawful or prohibited by these Terms or any other purpose not reasonably intended by VMU. Your use of the Website must always comply with applicable laws and regulations. Harassment in any manner or form on the Website, including via e-mail, chat, or otherwise by use of obscene or abusive language or otherwise, is strictly forbidden. Impersonation of others, including a VMU employee or agent, host, or representative, as well as other members or visitors on the Website is prohibited. Further, you may not:
1. upload to, distribute, or otherwise publish (or attempt to do any of the foregoing) through the Website any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, harmful, hateful, or otherwise objectionable, which may constitute or encourage a criminal offense, violate the rights of any party, or which may otherwise give rise to liability or violate any law;
2. upload or attempt to upload commercial content to the Website;
3. use or attempt to use the Website to solicit others to join or become members of any other service or organization;
4. upload, post, e-mail, or otherwise transmit (or attempt to do any of the foregoing) any content that infringes any patent, trademark, trade secret, copyright, or proprietary right of any party or that contains viruses or any other computer code, file, or program designed to interrupt, destroy or limit the functionality of any computer software, network, hardware, or other equipment;
5. take any action that will impose an unreasonable or disproportionately large load on VMU’s computing, storage or communications infrastructure,
6. attempt to gain unauthorized access to the Website, other accounts, computer systems or networks connected to the Website, through password mining or otherwise; or
7. probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures of the Website.
VMU may, in its sole discretion, immediately terminate your access to the Website should your conduct fail to conform strictly with any provision of this section.
Third Party Websites.
VMU makes no representation that the content of the Website is appropriate or available for use in locations outside the United States, and accessing the Website is prohibited from territories where such content is illegal. If you access the Website from other locations, you do so at your own risk and are responsible for compliance with local laws.
If any provision of these Terms is declared to be invalid or unenforceable by a final judgment, order or decree of any court or administrative body having proper jurisdiction, then, as to that jurisdiction only, such provision shall be deemed to be severed from these Terms and the remainder of these Terms shall remain in full force and effect. Furthermore, in lieu of each illegal, invalid or unenforceable provision there shall be added automatically as part of these Terms a provision as similar in terms to such illegal, invalid or unenforceable provision as may be possible and be legal, valid and enforceable.
These Terns shall be governed by, construed, and enforced in accordance with the laws of the State of California, without regard to choice of law provisions. You agree that any dispute or controversy arising out of, or relating to this Website (including but not limited to the purchase of VMU products or services), which cannot be amicably settled between the parties, shall be brought in the courts (whether federal or state) in Orange County, California, and the appellate courts having jurisdiction thereover. If any legal action is required to enforce these Terms, the prevailing party shall be entitled to the reasonable costs of enforcement, including attorneys’ fees, in addition to any other relief to which that party may be entitled. Any cause of action or claim you may have with respect to the Website (including but not limited to the purchase of VMU products or services) must be commenced within one (1) year after the claim or cause of action arises. VMU’s failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. VMU may assign its rights and duties under these Terms to any party at any time without notice to you.