Thank you for your interest in Vision Pursue, a Kansas Limited Liability Company, which provides training and operates the website located at www.visionpursue.com and related online services and applications, and mobile phone applications. The following terms of service is a legal contract between you, an individual subscriber, customer, member or user ("you") and Visionpursue regarding your use of the Services.
Copyright 2012 Visionpursue. All rights reserved. All text, images, graphics, animation, videos, music, sounds and other materials on the Services are subject to the copyrights and other intellectual property rights of Visionpursue, its affiliated companies and its licensors. Visionpursue owns the copyrights in the selection, coordination and arrangement of the materials on these Services.
All trademarks displayed as part of the Services are subject to the U.S. trademark rights of Visionpursue, or are used under agreement by Visionpursue. These trademarks include, but are not limited to, service brand names, slogans and logos and emblems of or associated with Visionpursue, including but not limited to: Visionpursue and Visionpursue in my Jar. All other referenced companies, individuals and trademarks retain their rights. The unauthorized use of any trademark displayed as part of the Services is strictly prohibited.
Visionpursue and its directors, officers, employees and agents shall, to the extent permitted by law, have no liability, contingent or otherwise, whether caused by the negligence of Visionpursue, its employees, subcontractors, agents, suppliers, or otherwise, to you or to third parties for the accuracy, timeliness, completeness, reliability, performance or continued availability of this Services or for delays or omissions therein, including, but not limited to, inaccuracies or errors in or omissions from quotes and financial data. Visionpursue shall have no responsibility to maintain the information or services made available as part of the Services or to supply any corrections or updates in connection with such information or services. IN NO EVENT WILL VISIONPURSUE, ITS SUPPLIERS, OR ITS THIRD PARTY AGENTS BE LIABLE TO YOU FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, LOSS OF PROFIT, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL OR REPUTATION OR WASTED MANAGEMENT TIME) WHICH MAY BE INCURRED OR EXPERIENCED ON ACCOUNT OF YOUR USING OR RELYING ON THIS SERVICES OR ANY INFORMATION OR LINKS ON IT, EVEN IF VISIONPURSUE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Any limitations or restrictions on liability in this Agreement shall only apply to the extent permitted by applicable law. In no event shall Visionpursue' total liability to you for all damages, losses and causes of action (whether in contract or tort, including but not limited to, negligence) exceed the amount paid by you to Visionpursue, if any, for accessing this Services.
You agree to indemnify, defend, and hold harmless Visionpursue, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners ("Visionpursue Indemnitees") from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of any use or misuse of the Services, any violation of the Terms, or any breach of the representations, warranties, and covenants made herein, whether by you or by any Child Member associated with you if you are a Parent Member. Visionpursue reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Visionpursue, and you agree to cooperate with Visionpursue' defense of these claims. Visionpursue will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
"Confidential Information" of Visionpursue shall mean (a) the terms of this Agreement, (b) any and all information, software, algorithms, technical documentation, knowledge, systems, and data relating to the Services, including without limitation, all intellectual property owned by Visionpursue, research and development activities, customer lists and strategic plans, and (c) any other information identified by Visionpursue as confidential at or about the time it is disclosed.
"Confidential Information" shall not include (a) information that is in the public domain (other than as a result of a breach of this Agreement), (b) information that is disclosed to you without continuing restrictions on its use or disclosure by a third party that has the right to make such disclosure, (c) information you can demonstrate to have been known to you by lawful means prior to its disclosure by Visionpursue and (d) information you can demonstrate was independently developed by you without the use of any Visionpursue' Confidential Information and other than in connection with this Agreement.
You agree to hold all Confidential Information of Visionpursue in strict confidence and trust for the benefit of Visionpursue, to use the Confidential Information for the sole purpose of utilizing the Beta version of the Services and not to copy Confidential Information of Visionpursue.
You shall restrict dissemination of the Visionpursue Confidential Information to yourself or within your organization to employees who have a need to know such information to perform their duties with respect to this Agreement and shall not divulge or convey Visionpursue Confidential Information to any third party other than professionals who perform services for you (including accountants, attorneys and independent contractors) in connection with your business and who agree to be bound by these provisions, except with Visionpursue' consent or as may be required by law, rule, regulation or order or requested by any governmental authority. You agree to use reasonable efforts to ensure that your employees, agents and independent contractors are bound by written confidentiality/non-disclosure obligations at least as restrictive as this Confidentiality Clause
If you are confronted with legal action to disclose any portion of the Visionpursue Confidential Information, you agree to promptly notify Visionpursue and to provide assistance to Visionpursue, to the extent reasonably requested by Visionpursue, in obtaining a protective order and otherwise protecting such Confidential Information against disclosure, at the expense of Visionpursue. You agree to promptly notify Visionpursue of any known unauthorized disclosure or use of Visionpursue' Confidential Information.
All materials containing or derived from Confidential Information will be returned promptly to Visionpursue or destroyed upon the earlier of: (a) termination of this Agreement, or (b) Visionpursue' written request. Upon returning Confidential Information you will certify in writing that, to the best of your knowledge, all tangible materials containing such Confidential Information have been returned to Visionpursue or destroyed and that all such Confidential Information stored electronically, magnetically, optically or in some other non-tangible form has been destroyed.
You agree to use reasonable efforts to ensure that, upon termination of any of your employees' employment, such employee shall promptly return to you or Visionpursue or destroy all materials in his or her possession containing Visionpursue Confidential Information.
Visionpursue respects the privacy rights of our users and is strongly committed to protecting your privacy online.
You will be asked to provide Visionpursue (or in some cases a designated agent acting on Visionpursue' behalf) certain information related to you ("Personal Information"). Personal Information includes, without limitation: (1) "Contact Data" (such as Your name and email address,); and (2) "Demographic Data" (such as Your gender, birthday, zip code, country, height, weight, lifestyle and exercise frequency). The Personal Information you provide is used for such purposes as allowing you to set up a user account and profile, improving the content of the Services, customizing the content you see, and communicating with you about new features and other news. We may also draw upon this Personal Information in order to adapt the Services to your needs, to research the effectiveness of our Services and to develop new tools for our members. If you provide your consent at the time your personal information is collected via these Services, we may also provide you with information, special offers and promotions. You may at any time alter or delete your personal information and instruct us not to use your personal information to provide you with information, special offers or promotions by clicking here. Please note that this process may take up to thirty (30) days to complete. In the event that information is submitted through your access to the Services erroneously, or you later determine that information should not have been submitted, for any reason, you accept full responsibility for such entry. Other than the purposes listed above, your personal information will be protected and not used for any other purpose.
In order to use certain features of the Services, you must register for an account. You may be asked to provide a password in connection with your account. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and You agree to accept responsibility for all activities that occur under your account or password.
We may disclose your personal information to unaffiliated third parties if we believe in good faith that such disclosure is necessary (a) to comply with the law or in response to a subpoena, court order, government request or other legal process; (b) to protect the interests, rights, safety or property of Visionpursue or others; (c) to enforce any terms of service on this Services; (d) to provide you with the Services (including allowing a purchaser of a Visionpursue division, or Visionpursue as a whole, to continue to serve you) and to perform other activities related to such services, including billing and collection; (e) to provide you with information, special offers, or promotions from Visionpursue to which you consented; or (f) to operate Visionpursue' systems properly.
Visionpursue collects user data (Assessment, Awareness Review) through both the Visionpursue website and Visionpursue mobile app. This data is for the user only and is completely confidential. It cannot be disclosed to third parties except at the sole discretion of the user and only by the user.
By registering with the Services, you thereby consent to receive periodic email communications from Visionpursue regarding the Services, new product offers, promotions and other matters. As part of registration, you may also elect to receive periodic Visionpursue newsletters. You may opt-out of receiving newsletters at any time by (a) following the unsubscribe instructions contained in each newsletter; or (b) changing the email preferences in your account.
Visionpursue uses reasonable administrative, technical, personnel and physical measures (a) to safeguard personal information against loss, theft, unauthorized use, disclosure or modification; and (b) to ensure the integrity of the personal information. To help us protect your privacy, you should maintain the secrecy of the login ID and password you may have set up in connection with your use of the Services.
Visionpursue may use "cookies" or similar electronic tools to collect information to enhance your experience with the Services. A cookie is a small text file that is placed on your computer and which collects information about your use of this Services, such as the Web pages visited, the date and the time of a visit, the site you visited immediately before and after visiting this Site, etc. Visionpursue or a third-party advertising company acting on Visionpursue behalf may also place or recognize a unique cookie on your computer in order to manage and display advertisements that you see on this Site. Information about your visits to, and activity on, this Site, as well as the number of times you have viewed an advertisement, is used to display on your computer screen customized advertisements that may be of particular interest to you. You need to opt out for each browser, on each machine you use to surf the Web. Thus, if you use multiple browsers (e.g., Internet Explorer, Firefox, Chrome, Safari, etc.), you should repeat this procedure with each one. Similarly, if you connect to the Web from multiple machines (e.g., work and home), you need to explicitly opt out from each browser on each machine. Any information collected by the cookies used by Visionpursue or by a third party acting on Visionpursue' behalf will be collected anonymously and will not be used by Visionpursue to subsequently identify you or to prepare the collection, processing, or use of personal information about you without your prior consent. Most browsers are set to accept cookies by default. If you prefer, you can usually set your browser to disable cookies or to alert you when cookies are being sent. The help function on most browsers contains instructions on how to set your browser to notify you before accepting cookies or to disable cookies entirely. However, it is possible that some parts of this Site, such as polls, surveys, contests, product sales and game areas, will not function properly if you disable cookies.
"Web Beacons" (also known as clear gifs, pixel tags or web bugs) are tiny graphics with a unique identifier, similar in function to Cookies, and are used to track the online movements of web users or to access Cookies. Unlike Cookies which are stored on the user's computer hard drive, Web Beacons are embedded invisibly on web pages (or in e-mail). Web Beacons may be used to deliver or communicate with Cookies, to count users who have visited certain pages and to understand usage patterns.
Mobile Device Data. When users download, install and use the Applications on their mobile phone or other wireless telecommunications device, Visionpursue automatically gathers information, including without limitation, carrier providers, unique device identifiers (such as UDIDs and device IDs), geo-location information, the types of mobile devices accessing the Application, and the types of operating systems accessing the Applications (collectively, "Mobile Device Data"). A unique device identifier is a string of alphanumeric characters (similar to a serial number) that is unique to each mobile phone or other wireless communications device. Visionpursue uses Mobile Device Data to understand usage patterns and to improve the Applications Usage Analytics.
To access, review, rectify or delete personal information collected about you via the Services, please click here. All requests must include the following information: first name, last name and e-mail address. While Visionpursue will make every reasonable effort to accommodate your request, we also reserve the right to impose certain restrictions and requirements on such access requests, if allowed or required by applicable laws.
Some of the uses and disclosures mentioned in this privacy policy may involve the transfer of your personal information to various countries around the world. By submitting your personal information via the Services, you consent to such transfers.
Visionpursue may provide links to third-party websites. Since we do not control third-party sites and are not responsible for any personal information you may provide while on such sites, we encourage you to read the privacy policies on those websites before providing any of your personal information on such sites and you should take those steps necessary to, in your discretion, protect your privacy.
If, at any time, you do not wish us to contact you using the data we have collected or have any questions concerning our Agreement, please click here to contact us.
Mention of third parties and third-party products on any page of this websites or otherwise in any Visionpursue materials, advertising or promotions is for informational purposes only and constitutes neither an endorsement nor a recommendation. All third-party products, specifications and descriptions are supplied by the third party. Visionpursue assumes no responsibility with regard to the selection, performance or use of these vendors or products. All understandings, agreements or warranties, if any, take place directly between the vendors and the prospective users.
Although most changes are likely to be minor, Visionpursue reserves the right, at any time and without notice, to add to, update, change or modify this Agreement, simply by posting such update, change or modification on this page. Any such addition, update, change or modification will be effective immediately upon posting on the Site. You will be deemed to have agreed to any such modification or amendment by your decision to continue using the Services following the date in which the modified or amended Agreement is posted on the Site. Accordingly, each time you use the Services you should check the date of this Agreement (which appears at the end) and review any changes since the last time you used the Services. Use of information we collect now is subject to the Agreement in effect at the time such information is used.
Effective Date July 1, 2013