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TERMS OF USE

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About These Terms of Use
These terms (“Terms”) are a legal agreement between you and The Visage Institute, Inc. and its direct and indirect subsidiaries (“The Institute”). The Terms control your use and access to The Visage Institute, Inc.'s websites and online information (the “Sites” or “Site”). By using The Visage Institute, Inc.'s Sites, you agree to these Terms. The Visage Institute, Inc. may revise these Terms at any time by updating this page. You should revisit this page from time to time to determine what terms govern your use of the Site.

License Disclaimer and Use Restrictions
Nothing on any Site of the The Visage Institute, Inc. gives you any license under The Visage Institute, Inc. or third party intellectual property rights. All intellectual property rights in this Site belong to The Visage Institute, Inc. or other parties that licensed their material to The Visage Institute, Inc. Subject to these Terms, The Visage Institute, Inc. grants you a limited, revocable, nonexclusive right to access and use the Site and the materials and information on the Site (“Content”). This limited license is only for your personal, noncommercial use. You must keep The Visage Institute's proprietary notices on any copies you make of The Visage Institute's Content. Unauthorized use of The Visage Institute's Content may violate copyright, trademark, privacy, communications, or other laws. You are responsible to The Visage Institute, Inc. for your unauthorized use of The Visage Institute's Content. This right terminates automatically if you breach any part of these Terms. Upon termination, you must immediately destroy any Content in your possession or control. Other than as stated above, you must not:

  • change, alter, copy, distribute, republish, download, display, post, or send the The Visage Institute's Content in any form or by any means without The Visage Institute or the copyright owner’s prior written permission, unless the Site states otherwise about specific Content;

  • use the Site or The Visage Institute Content for any purpose that is unlawful or prohibited by these Terms;

  • use the Site to solicit any activity that is illegal or may infringe upon the rights of others;

  • “mirror” or “frame” any The Visage Institute Content on any other device without The Visage Institute's written permission;

  • use the The Visage Institute's Content to benchmark any The Visage Institute Content against any other person’s or entity’s products, services or information; or

  • use the The Visage Institute's Logo or any other The Visage Institute, Inc. trademark as a "hot" link to any part of the Site unless The Visage Institute, Inc. approves that use in writing.

  • Copyright law protects all Content. 


Trademark Information
Please see the following link for Trademark Information:
www.thevisageinstitute.com/trademarks

Privacy
The Visage Institute, Inc.'s Privacy Statement applies to your use of the Site and is part of these Terms. Please review The Visage Institute, Inc.'s Privacy Statement and related information about your privacy and The Visage Institute, Inc.'s use of your information. You acknowledge and agree that you are responsible for:

  • protecting any account and password information applicable to your use of the Site;

  • restricting the use and access to your computer, smartphone, or other device used to access the Site; and

  • any activity that occurs under your account due to your failure to protect such information.


Communicating Electronically
When you use the Site, you are communicating with The Visage Institute, Inc. You agree to receive electronic communications related to your use of the Site. The Visage Institute, Inc. may communicate with you by email or by posting notices on the Site. You agree that all such communications meet any legal rule that those communications be in writing. The Visage Institute, Inc. may provide notices to you via email or by posts on the Site, and those notices are effective on the date that The Visage Institute, Inc. sends or posts them.

Export
All The Visage Institute, Inc. Content is subject to U.S. export control and economic sanctions laws and regulations and may also be subject to the laws of the country where you reside.

Disclaimers
You agree that you take full responsibility for your use of the Site. The Visage Institute, Inc. provides the Site and all The Visage Institute, Inc. Content on an “as is” and “as available” basis. Specifically, The Visage Institute, Inc.:

  • makes no representation or warranty of any kind;

  • disclaims all warranties, including warranties of merchantability, fitness, accuracy, non-infringement, or operation; and

  • does not guarantee that the Site and The Visage Institute, Inc.'s Content will be free of errors or defects.


Stock Price Performance Disclaimer
Nothing on our website is indicative of future price performance for any stocks affiliated with The Visage Institute, Inc.

Limitation of Liability
The Visage Institute, Inc. is not liable under any legal theories (including negligence) for any type of damages, even if The Visage Institute, Inc. knew of the possibility of such damages. The Visage Institute, Inc. is not liable for loss of data or profits arising from your use or inability to use the Site or the The Visage Institute, Inc.'s Content. If your use of the The Visage Institute, Inc.'s Content results in the need for servicing, repairing, or correcting any products or data, you will pay for those repairs. Some jurisdictions restrict the exclusion or limitation of certain damages, so this provision may not apply to you.

Indemnification
You agree to indemnify, defend, and hold The Visage Institute, Inc. and its agents, employees, and licensors harmless from and against every third party claim and expense, including reasonable attorneys’ fees, related in any way to your use of the Site or your violation of these Terms.

Miscellaneous
 

  • These Terms do not create any legal relationship between you and The Visage Institute, Inc.

  • The Visage Institute, Inc.'s failure to enforce a right does not mean that The Visage Institute, Inc. has waived that right.

  • If a court or other tribunal finds any provision of these Terms unenforceable, The Visage Institute, Inc. will change that provision only to the extent necessary to make it enforceable. Other terms will remain in full force and effect.

  • Any interpretation of these Terms will look at fair meaning, and ambiguities must not be construed for or against any party.

  • The Visage Institute, Inc. may assign its rights under these Terms, but you may not do so.

  • These Terms, together with any other terms that you agree to when using the Site, comprise the entire agreement between The Visage Institute, Inc. and you about your use of this Site.

  • Headings are for reference only.

  • These Terms supersede any prior agreements with The Visage Institute, Inc. about using this Site and its content.

  • The Visage Institute, Inc.'s direct and indirect subsidiaries are third party beneficiaries of these Terms.


Governing Law; Dispute Resolution
You agree that the laws of the state of New Mexico will govern any claim or dispute relating to these Terms, the Site, The Visage Institute, Inc. Content, your access to and use of the Site, or any combination of these items (the “Dispute”), without regard to New Mexico conflicts of laws principles. You agree to submit to, and waive any objection to, the personal and exclusive jurisdiction of and venue in the federal and state courts located within Albuquerque, NM. Before you or The Visage Institute, Inc. file any lawsuit regarding a Dispute, you and The Visage Institute, Inc. will attempt to resolve the Dispute through negotiation or through mediation using a mutually agreeable mediator. You and The Visage Institute, Inc. will treat the existence or results of any negotiation or mediation as confidential. If the parties are unable to resolve the Dispute within thirty days of notice of the Dispute to the other party, the parties will be free to pursue all remedies available at law or equity. Notwithstanding the foregoing, either party has the right to seek a temporary restraining order, preliminary injunction, or other equitable relief from a court of competent jurisdiction to preserve the status quo, prevent irreparable harm, avoid the expiration of any applicable limitation periods, or preserve a superior position with respect to other creditors.

Contact Us
The Visage Institute, Inc. owns this Site. If you have a question or complaint about the Site, please contact us. If you have a question about The Visage Institute, Inc.'s collection or use of personal information, please see The Visage Institute, Inc.'s Privacy Statement or contact info@thevisageinstitute.com. 

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