Terms of Use – VISYN

Terms of Use – VISYN, Inc.

Dated: September 2021

1. Introduction and Acceptance of the Terms of Use

Welcome to www.visyn.com and our mobile app, owned and operated by VISYN, Inc. (“Company”, “we”, “us” or “our”). We are pleased to provide you our website and mobile app, and all content, functionality, software or other service associated therewith (collectively, the “Website”) for body movement skills to coaches, athletes and others for the development and improvement thereof.

The following terms and conditions, together with any documents expressly incorporated herein (collectively, these “Terms of Use”), are between you and us, and govern your access to and the use of the Website, whether as a guest, an email registered user, or subscriber of our service.

Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, available at www.visyn.com/privacy-policy, incorporated herein by reference. If you do not agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

This Website is offered and available to users who are 13 years of age or older who reside in the United States. By using this Website, you represent and warrant that you meet the foregoing requirements. If you do not meet these requirements, you must not access or use the Website.

2. Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion including as our business develops. If you do not have a subscription at the time of any change, the revised terms will be effective upon posting on the Website and your use of the Website after such posting will constitute acceptance by you of the revised Terms of Use. If you are subscribing to our service at the time of any change, the then-existing Terms of Use will continue to govern your use of the Website until such time that you renew your subscription as contemplated by Section 6. If you continue your subscription, your renewal will constitute acceptance by you of the revised Terms of Use.

3. Privacy Policy

Our Privacy Policy (the “Privacy Policy“) provides additional terms and conditions related to our collection, use and disclosure of your personal information. We may also amend this at anytime by posting the updated policy on our Site with the applicable revision date which will be the effective date. Our Privacy Policy is incorporated into these Terms of Use by reference.

4. Registration Requirements

You may browse our Website without registration. However, certain services, information and materials provided by us may be accessed and/or used by you only after you have registered with us or entered into a subscription with us, as follows:

If you register with us by providing your first and last name and email address only, you will be on our email list and receive email communications from us regarding our Website.
If you register with us by providing your first and last name, email address as well as additional information as prompted during the registration process, we will send to you for free a longer demo video of our service and at least one special promotional offer to subscribe to our subscription service as an early adopter. Our special promotional offers may vary from to time in our sole discretion depending upon when your registration occurs.
We anticipate launching our subscription service within the next year. Should you desire to subscribe at that time, you will be required to provide additional information such as payment information.

5. Communication Preferences

By becoming a registered user, you consent to receiving electronic communications from us relating to our Website. These communications may involve sending emails to your email address provided during registration, such as news and updates about new features and content, special offers, promotional announcements and customer surveys. If you no longer wish to receive emails from us, please email us as set forth below or follow the unsubscribe or opt out instructions made available to you on our Website or in an email we send to you.

Upon subscribing to our Website, we may also post communications in the “Your Account” page of our Website including notices about your account (e.g., payment method and authorizations, change in password, confirmation emails and other transactional information).

You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing, and you agree that you will not challenge the sufficiency of those communications. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy.

6. Subscription and Billing Terms

Subscribing. When our service is launched, you will be able to access the subscriber content and services portion of our Website upon entering into a subscription with us. You must provide us with a current, valid, accepted method of payment (as such may be updated from time to time, “Payment Method”) to use our subscription service and other additional information as prompted. Your subscription will automatically renew on a monthly, quarterly or yearly basis (depending upon our available subscription plans at the time and the subscription plan you choose) unless and until you timely cancel your subscription or we terminate it.

We may offer a number of subscription plans, including special promotional plans or subscriptions with differing conditions and limitations. Any materially different terms from those described in these Terms of Use will be disclosed at your sign-up and are a part of these Terms of Use. You will be able to find specific details regarding your subscription with us by visiting our Website and clicking on “Your Account” link. We reserve the right to modify or terminate any of our offered subscription plans, however, we will honor any special promotional plan offered to you upon registration as an early adopter as discussed under “Registration Requirements” above.

Recurring Billing. By starting a subscription and providing a Payment Method, you authorize us to charge you a recurring monthly, quarterly or yearly subscription fee at the rate you have elected, and any other charges you may incur in connection with your use of our subscription service to your Payment Method. We automatically bill your Payment Method in full each month/quarter/year on the calendar day corresponding to the commencement of your subscription, unless your recurring renewal date changes due to changes you make in your subscription. You acknowledge that the amount billed each month, quarter or year may vary for reasons that may include you changing your subscription plan or electing additional services and you authorize us to charge your Payment Method for such varying amounts, which may be billed in one or more charges. We may authorize your Payment Method in anticipation of subscription or service-related charges. As used in these Terms of Use, “bill,” “billing” or “billed” shall indicate a charge, debit or other payment clearance, as applicable, against your Payment Method.

Cancellation/No Refunds. You may cancel your subscription at any time, and you will continue to have access to the subscribed to service until the end of your then-current subscription billing period and your subscription will not be renewed thereafter. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL SUBSCRIPTION PERIODS OR UNWATCHED VIDEOS. If you cancel your subscription, your account will automatically close at the end of your current billing period. To cancel, go to the “Your Account” link on our Website and follow the instructions for cancellation. If you signed up using your account with a third party as a payment method, and wish to cancel your subscription at any time, you may need to do so through such third party, including by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from, our subscription service through that third party. You may also find billing information about your subscription by visiting your account with the applicable third party.

7. Accessing our Website and Account Security

We reserve the right to make changes from time to time in how we offer and operate our Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period for reasons beyond our control. From time to time, we may restrict access to some parts of our Website, or the entire Website, to users, including subscribers.

You are responsible for:

Making all arrangements necessary for you to have access to our Website.
Providing us with correct, current and complete information.

You agree that all information you provide to register with or subscribe to this Website or otherwise, including but not limited to through the use of any interactive features on our Website, is governed by our Privacy Policy, available at www.visyn.com/privacy-policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

8. Intellectual Property Rights

The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof, trademarks, service marks), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use our Website for your personal, non-commercial use only, and we grant you a limited, non-exclusive, non-transferable, license to access the Website and view our content through the service. Except for the foregoing limited license, no right, title or interest in or to our Website or any content on our Website is transferred to you, and all rights not expressly granted are reserved by us.

You agree you will not copy, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, offer for sale, or use (except as explicitly authorized in these Terms of Use) any material, content or information contained on or obtained from or through our Website without express written permission from us or our licensors.

If you use or provide any other person with access to any part of our Website in breach of these Terms of Use, your right to use our Website will cease immediately. Any use of our Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

9. Use of Information Submitted

We are free to use any comments, information, ideas, concepts, reviews, or any other material or feedback contained in any communication you may send to us, including in any emails to us or as you post in any of our forums, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever.

10. Prohibited Uses

You may use our Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use our Website:

In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries).
To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of our Website, or which, as determined by us, may harm the Company or users of our Website or expose them to liability.

Additionally, you agree not to:

Use our Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of our Website, including their ability to engage in real-time activities through our Website.
Use any robot, spider or other automatic device, process or means to access our Website for any purpose, including monitoring or copying any of the material on our Website.
Use any manual process to monitor or copy any of the material on our Website or for any other unauthorized purpose without our prior written consent.
Use any device, software or routine that interferes with the proper working of our Website.
Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of our Website, the server on which our Website is stored, or any server, computer or database connected to our Website.
Attack our Website via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of our Website.

11. Monitoring and Enforcement; Termination

We have the right to:

Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of our Website.
Disable any username, password or other identifier, whether chosen by you or provided by us, or terminate or suspend your access to all or part of our Website if you are, or if we suspect that you are (i) in violation of any of these Terms of Use or (ii) engaged in illegal or improper use of the service.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone using our Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

12. Reliance on Information Posted

The information presented on or through our Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, effectiveness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. WE HEREBY DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER VISITOR TO OUR WEBSITE, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS.

This Website may include content provided by third parties. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

13. Changes to our Website

We may update the content on this Website from time to time. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we offer and operate our Website.

14. Linking to our Website

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent. We may disable all and any links at any time without notice in our discretion.

15. Links to Third Party Sites

If our Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This include links contained in advertisements, including banner advertisements and sponsored links we may permit. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

16. Geographic Restrictions

The owner of our Website is based in the state of Minnesota in the United States. We provide this Website for use only by U.S. residents accessing it from the United States. We make no claims that our Website or any of its content is accessible or appropriate outside of the United States. Access to our Website may not be legal by certain persons or in certain countries. If you access our Website from outside the United States, you do so on your own initiative and risk.

17. Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that access or use of the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION THAT YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

18. Limitation on Liability

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS (THE “VISYN GROUP”) BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT, BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. HOWEVER, IN NO EVENT SHALL THE VISYN GROUP’S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION AND COSTS AND EXPENSES (INCLUDING LEGAL FEES) WHETHER IN CONTRACT, TORT, OR OTHERWISE, RELATED TO YOUR USE OF, OR THE INABILITY TO USE ANY OR ALL PORTIONS, THIS WEBSITE, EXCEED THE LESSER OF (I) THE AMOUNT, IF ANY, PAID BY YOU IN CONNECTION WITH YOUR ACCESS, USE AND/OR PURCHASES MADE IN THE PAST TWELVE MONTHS, OR (II) USD$100.00.

19. Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of our Website, including, but not limited to, any use of our Website’s content and services other than as expressly authorized in these Terms of Use or your use of any information obtained from our Website.

20. Governing Law and Jurisdiction

All matters relating to our Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Minnesota without giving effect to any choice or conflict of law provision or rule (whether of the State of Minnesota or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or our Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Minnesota in each case located in the County of Hennepin. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

21. Arbitration

At Company’s sole discretion, it may require you to submit any disputes arising from these Terms of Use or the use of our Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Minnesota law.

22. Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

23. Waiver of Jury Trial and Class Actions

YOU WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY RIGHT TO PURSUE OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY, AND ALSO WAIVE YOUR RIGHTS TO A TRIAL BY JURY.

SECTIONS IN THESE TERMS OF USE GOVERNING DISCLAIMERS, LIMITATIONS OF LIABILITIES AND DISPUTES WILL SURVIVE ANY TERMINATION OF THESE TERMS OF USE OR YOUR USE OF OUR WEBSITE.

24. Waiver and Severability

No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

25. Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and VISYN, Inc. with respect to our Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to our Website.

26. Your Comments and Concerns

This Website is operated by VISYN, Inc., 1025 N. Old Crystal Bay Rd., Minneapolis, MN 55356.

All feedback, comments, and other communications relating to our Website should be directed to: www.visyn.com/contact-us, or sent to us at the above address.