Visions Legacy LLC (Remote OS) Terms of Service
Overview These terms of service (“Terms of Service”) are entered into between you and Visions Legacy LLC (“Visions Legacy LLC,” “we,” or “us”). The Terms of Service govern your access to and use of the Visions Legacy LLC website, including any content, functionality, communication channels, software, and Services offered on or through it (the “Platform”).
By using the Platform, you agree to be bound and abide by these Terms of Service. Visions Legacy LLC may terminate your ability to use the Platform without notice if you do not comply with these Terms of Service. If you do not agree to these Terms of Service, you must not access or use the Platform. You must be at least 18 years old to use the Platform.
Visions Legacy LLC reserves the right to make changes to the Platform and to these Terms of Service at any time. All Information Visions Legacy LLC collects on the Platform is subject to our Privacy Notice posted on the Platform.
Services Visions Legacy LLC provides a multitude of product integrations and services (the “Services”) on the Platform, including the Remote OS brand, which you may subscribe to through the Platform. All references to the Platform include the Services.
• Right to Modify the Services: We reserve the right to implement new elements as part of the Services including changes that may affect the previous mode of operation of the Services.
• As-Is: The Platform is provided on an as-is basis as further described in the Disclaimer section, except as expressly provided otherwise in this Agreement.
• Features: Features and terms used in connection with the Platform and Services, such as those related to Remote OS, may have some resemblance to those provided by others, but our Platform features and terms are specific to our Platform.
Intellectual Property The Platform and its entire content, data, features, Services, and functionality (“Platform Content”) are the property of Visions Legacy LLC or its licensors and are protected by copyright, trademark and other intellectual property laws.
The Visions Legacy LLC name, Remote OS, and related logos are trademarks and service marks (“Marks”) of Visions Legacy LLC. Visions Legacy LLC Marks may not be used without advance written permission of Visions Legacy LLC.
Limited License And Prohibited Uses Visions Legacy LLC grants you a personal, royalty-free, non-assignable, revocable, and non-exclusive license to access and use the Platform Content while using the Platform. You may not remove any Marks or other proprietary notices that have been placed on or near the Platform Content.
You, your employees, and your end user clients (“Clients”) may use the Platform only for lawful purposes. You agree that you will not:
• Use the Platform or any Services in any way that violates any applicable law or regulation.
• Impersonate or attempt to impersonate Visions Legacy LLC, a Visions Legacy LLC employee, another user or any other person or entity.
• Use any robot, spider or other automatic device, process or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform.
• Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack.
Customer/End User Conduct In connection with your use of the Platform or Services (including Remote OS), you agree that:
• You are fully responsible for your actions and the actions of your employees, agents, and Clients with respect to use of the Platform.
• Visions Legacy LLC’s agreement is with you, not your Clients.
• You own or control all rights in and to all content you provide to Visions Legacy LLC.
• You will be solely responsible for all of your use of the Platform, including the quality and integrity of any data and other information made available to us by or for you through the use of the Services.
Your Use Of Communications Features of the Services Visions Legacy LLC is the provider of Services for your use, which may include certain communications features such as SMS, MMS, email, voice call capabilities and other methods. You agree that:
• You are exclusively responsible for all communications sent using the Services, including compliance with all laws governing those communications such as the Telephone Consumer Protection Act (“TCPA”) and the CAN-SPAM Act.
• Visions Legacy LLC is a technology platform communication service application provider only. Visions Legacy LLC does not originate, send, or deliver any communications to any recipient via SMS, MMS, email, or other communication method.
• You, not Visions Legacy LLC, are the maker or initiator of any communications.
Payment
• Fees: If you choose to purchase one or more of the Services provided on the Platform, you agree to pay all fees (“Fees”) associated with the Services.
• Taxes: You are exclusively responsible for taxes and other governmental assessments (“Taxes”) associated with your use of the Platform. Visions Legacy LLC may collect Taxes from you as part of the Fees as it deems appropriate.
• Overdue Amounts: If your credit card company declines or otherwise refuses to pay the amount owed, you agree that we may suspend or terminate performance of Services and require you to pay any overdue Fees and other amounts incurred.
• No Refunds: Except as described below, all Fees assessed by Visions Legacy LLC are non-refundable. If you sign up for a Service subscription but do not access the Service or Platform, you are still responsible for all Fees during the term of your subscription.
Resale of Services (MAP Policy) If you are authorized to resell access to the Platform (e.g., reselling Remote OS), you must comply with our minimum advertised price policy.
• Minimum Advertised Price: You cannot advertise access to the Platform for a price of less than $97 per month (the “MAP”).
• Changes: The MAP is established by Visions Legacy LLC and may be changed by Visions Legacy LLC from time to time in its sole discretion.
• You Are Not Visions Legacy LLC: Do not present yourself as Visions Legacy LLC when reselling the Service or hold yourself out as a representative of Visions Legacy LLC.
Account Registration and Security To access portions of the Platform or to register for or use the Services, you will be asked to provide registration details. It is a condition of your use of the Platform that all Information you provide is complete, current, and accurate. You are responsible for maintaining the confidentiality of your user name and password (“Login Credentials”).
Copyright; Digital Millennium Copyright Act We will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”). A notification of claimed copyright infringement should be emailed to [email protected] (Subject line: “DMCA Takedown Request”) and mailed to the designated copyright agent address below.
Our designated copyright agent to receive DMCA Notices is: Visions Legacy LLC ATTN: Copyright Agent 849 Fairmount Avenue, Suite 200 Towson, MD 21286.
Disclaimer THE PLATFORM AND THE SERVICES OFFERED THROUGH IT (INCLUDING REMOTE OS) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT THE PLATFORM, PLATFORM CONTENT OR SERVICES WILL MEET YOUR REQUIREMENTS OR BE ERROR-FREE.
Limitation of Liability, Indemnification, and Mitigation Your exclusive remedy and our entire liability, if any, for any claims arising out of these Terms of Service and your use of the Platform or the Services shall be limited to the amount you paid us for Services purchased on the Platform during the three (3) month period before the act giving rise to the liability.
IN NO EVENT SHALL VISIONS LEGACY LLC BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND.
You agree to defend, indemnify, and hold harmless Visions Legacy LLC against all demands, claims, actions, proceedings, damages, liabilities, losses, fees, costs or expenses directly or indirectly arising from or in any way connected with your use of the Platform or Services.
Term and Termination These Terms of Service will remain in full force and effect while you use the Platform or subscribe to any Services. Visions Legacy LLC, in its sole discretion, may suspend or terminate your access to the Platform for any reason, with or without notice. If you, for any reason, would like to terminate your access to the Platform or make adjustments, Visions Legacy LLC requires written notice at least 30 days before your next billing date.
Applicable Law, Binding Arbitration, and Class Action Waiver The laws of the State of Maryland will govern these Terms of Service and any disputes under them (updated from source location to match business address provided). Any controversy or claim arising out of or relating to these Terms of Service shall be exclusively settled by arbitration administered by the American Arbitration Association. The arbitration proceedings shall be held in Towson, Maryland (updated from source location).
All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis.
Communications and Contact Information Visions Legacy LLC may contact you regarding these Terms of Use or the Privacy Notice using any Information you provide. If you no longer wish to receive communications from Visions Legacy LLC, you can click on the “unsubscribe link” provided in such communications or contact us at [email protected].
Visions Legacy LLC
849 Fairmount Avenue, Suite 200
Towson, MD 21286
Phone: (888) 570-0051