Vuzit, LLC. (“VUZIT, LLC”)
By using Vuzit’s Products and Site, you agree that:
(1) Any electronic document or file representing information designed with the capacity and/or intent to communicate (“Document”) you upload, regardless of filename or size, will be stored, retained, and possibly reviewed by VUZIT, LLC for quality control purposes only. In the event that a Document houses any inappropriate material (i.e. pornography), VUZIT, LLC retains the right to remove the Document from the Site.
(2) You are representing to VUZIT, LLC that you own all necessary intellectual property rights to any uploaded Document and its content and that your possession, extraction, later use and modification of content from any uploaded Document does not infringe on anyone’s rights worldwide. You will hold VUZIT, LLC harmless of and from any damage (including attorney fees incurred) and any claim that your representation here is in any way untrue.
(3) Subject to the terms and conditions on this page and our LEGAL NOTICE, VUZIT, LLC gives you permission to use Vuzit’s Products to extract information for any legal use you may make of it. Any other use of Vuzit’s Products is prohibited. YOU ARE SPECIFICALLY NOT LICENSED to use, own, or possess a copy of Vuzit’s Products except as allowed on this Site from time to time.
(5) You use Vuzit’s Products entirely at your own risk. VUZIT, LLC does not guarantee the accuracy or completeness of any extracted content. Use of Vuzit’s Products are “AS IS,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY FOR INFORMATION, DATA, SERVICES, UNINTERRUPTED ACCESS, OR RESULTS PROVIDED THROUGH OR IN CONNECTION WITH ITS USE. SPECIFICALLY, VUZIT, LLC DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING: (1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF RESULTS AND (2) ANY WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR ANY PURPOSE. THIS DISCLAIMER APPLIES TO ANY DAMAGE OR INJURY FROM ANY CAUSE INCLUDING PREVENTABLE ONES AND UNAUTHORIZED ACCESS TO OR USE OF ANY RECORD BASED ON ANY KIND OF CAUSE OF ACTION, CONTRACTUAL OR OTHERWISE.
(6) NEITHER VUZIT, LLC NOR ANY OF ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS OR AFFILIATES WILL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGE FROM ANY USE OF VUZIT OR INABILITY TO GAIN ACCESS TO OR USE THE SOFTWARE OR OUT OF ANY BREACH OF ANY WARRANTY. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THIS LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF VUZIT, LLC, ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS OR AFFILIATES IS LIMITED TO THE GREATEST EXTENT PERMITTED BY SUCH STATE LAW.
(7) These Terms of Service and the relationship between you and VUZIT, LLC are also subject to the terms of VUZIT, LLC’S LEGAL NOTICE, which is incorporated into this document by reference.
Violation of any of the terms below will result in the termination of the account plan for which you subscribed on the Site (“Account”). While VUZIT, LLC prohibits such conduct and content on the Vuzit Site, you understand and agree that VUZIT, LLC cannot be responsible for the content posted on the Vuzit Site and you nonetheless may be exposed to such materials. You agree to use the Vuzit Site at your own risk.
- You must be 13 years or older to use the Vuzit Site or have a Vuzit Account.
- You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as your plan allows.
- You are responsible for maintaining the security of your account and password. VUZIT, LLC cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all Documents posted and activity that occurs under your Account (even when such Documents are posted by others who have Accounts under your Account).
- One person or legal entity may not maintain more than one free Account.
- You may not use Vuzit’s Products or Site for any illegal or unauthorized purpose. You must not, in the use of Vuzit’s Products or Site, violate any laws in your jurisdiction (including but not limited to copyright laws).
Customers may access their Vuzit Account data via an API (Application Program Interface). Any use of the API, including use of the API through a third-party product that accesses the API, is bound by the terms of this agreement plus the following specific terms:
- You expressly understand and agree that VUZIT, LLC shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if VUZIT, LLC has been advised of the possibility of such damages), resulting from your use of the API or third-party products that access data via the API.
- Abuse or excessively frequent requests to Vuzit’s Products via the API may result in the temporary or permanent suspension of your Account’s access to the API. VUZIT, LLC, in its sole discretion, will determine abuse or excessive usage of the API. VUZIT, LLC will make a reasonable attempt via email to warn the Account owner prior to suspension.
- VUZIT, LLC reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.
Payment, Refunds, Upgrading and Downgrading Terms
- A valid credit card is required for paying Accounts. Free Accounts are not required to provide a credit card number.
- If you initially sign up for a Starter and/or Premium Account (or such equivalent name as these Accounts may have from time to time), and you do not cancel that Account within 60 days, you will be billed monthly starting on the 60th day after your account was initially created. If you cancel prior to the processing of your first invoice on the 60th day, you will not be charged.
- An upgrade from the free Account to any paying Account will end your current free trial. A new 60 day trial will begin upon upgrading your Account.
- The Vuzit Account service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
- For any upgrade or downgrade in Account level, the credit card that you provided will automatically be charged the new rate on your next billing cycle.
- Downgrading your Vuzit Account plan may cause the loss of Documents, features, or storage capacity in your Account. VUZIT, LLC does not accept any liability for such loss.
Cancellation and Termination
- You are solely responsible for properly cancelling your Account. An email request to cancel your Account may be made at any time by sending an email to firstname.lastname@example.org. VUZIT, LLC provides a simple “no questions asked” cancellation, just state “Cancel” in the Subject line of your email.
- All of your Documents will be immediately deleted from your Account upon cancellation. This information cannot be recovered once your Account is cancelled.
- If you cancel your Account plan before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
- VUZIT, LLC, in its sole discretion, has the right to suspend or terminate your Account and refuse any and all current or future use of your Account, or any other VUZIT, LLC service, for any reason at any time. Such termination of your Vuzit Account will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Documents in your Account. VUZIT, LLC reserves the right to refuse service to anyone for any reason at any time.
Modifications to Products and Prices
- VUZIT, LLC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, its Products (or any part thereof) with or without notice.
- Prices for all Products, including but not limited to monthly subscription plan fees, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Vuzit Site (www.vuzit.com).
- VUZIT, LLC shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of its Products.
Copyright and Content Ownership
- We claim no intellectual property rights over the material you provide to the Site. Your profile and materials uploaded remain yours. However, by enabling your pages to be shared publicly, you agree to allow others to view and share your Documents.
- VUZIT, LLC does not pre-screen Documents, but VUZIT, LLC and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Document that is available via the its Products or Site.
- Your use of the Vuzit Site and its Products is at your sole risk. They are provided on an “as is” and “as available” basis.
- Technical support is only provided to paying Account holders.
- You understand that VUZIT, LLC uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the its Products and Site.
- You must not modify, adapt or hack Vuzit’s Products and Site or modify another website so as to falsely imply that it is associated with the VUZIT, LLC, or any other VUZIT, LLC product or service.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of Vuzit’s Products and Site, use of Vuzit’s Products and Site, or access to Vuzit’s Products and Site without the express written permission of VUZIT, LLC.
- We may, but have no obligation to, remove Documents and Accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any parties intellectual property or these Terms of Service.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any VUZIT, LLC customer, employee, member, or officer will result in immediate Account termination.
- You understand that the technical processing and transmission of Vuzit’s Products and/or Site, including your Documents, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
- You must not transmit any worms or viruses or any code of a destructive nature.
- If your bandwidth usage exceeds 500 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by VUZIT, LLC) of other Vuzit customers, we reserve the right to immediately disable your Account or throttle your file hosting until you can reduce your bandwidth consumption.
- VUZIT, LLC does not warrant that (i) its Products will meet your specific requirements, (ii) its Products will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of its Products will be accurate or reliable, (iv) the quality of any Products, services, information, or other material purchased or obtained by you through VUZIT, LLC will meet your expectations, and (v) any errors in Vuzit’s Products will be corrected.
- You expressly understand and agree that VUZIT, LLC shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if VUZIT, LLC has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use its Products; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from Vuzit’s Products; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to Vuzit’s Products.
- The failure of VUZIT, LLC to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and VUZIT, LLC and govern your use of Vuzit’s Products, superceding any prior agreements between you and VUZIT, LLC (including, but not limited to, any prior versions of the Terms of Service).
- Questions about the Terms of Service should be sent to support at email@example.com.