Terms of Service

Welcome to Visneta, provided by Visneta, LLC ("Visneta"). By using Visneta's Web sites (defined to include all properties {mobile, web or otherwise} owned and operated by Visneta), related data, and/or related services (collectively, "Services"), you agree to be bound by the following terms of use, as updated from time to time ("Terms of Use").Please review the following terms and conditions carefully. This terms of service is between you ("You" or "Your") and Visneta, LLC. ("Visneta.com", “Visneta”, “Website”, “Mobile Application”, “Web Services”, "We," "Us," or "Our") regarding your access to and use of the Visneta Web site.

  1. Permissible Use. Visneta was built for use by approved real estate professionals acting in their professional capacity and any commercial use is limited to transactions done on your own behalf. The commercial use of real estate professionals is limited to providing services to consumers (Individual or Corporations) via agreed service transactions within Visneta or, where authorized, taking actions on behalf of a consumer client (e.g., request for landscaping services). Subject to the restrictions set forth in the following paragraphs, you may copy information from the Services only as necessary for your personal use to view, save, print, fax and/or e-mail such information. You agree otherwise not to reproduce, modify, distribute, display or otherwise provide access to, create derivative works from, decompile, disassemble or reverse engineer any portion of the Services. Notwithstanding the foregoing, the aggregate level data provided on the Visneta Public Site, and available at https://www.Visneta.com, (the “Aggregate Data”) with approved login credentials may be used for non-personal uses, e.g., real estate property management. You may not display and distribute derivative works of the Aggregate Data without expressed consent from the owner of the data. If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our Service.

  2. Restrictions and Additional Terms. You agree not to remove or modify any copyright or other intellectual property notices that appear in the Services. You will not use the Services for resale or other similar purposes. Further:

    1. Acceptable Use. You agree not to use the Services in any way that is unlawful, or harms Visneta, its service providers, suppliers, customers, or any other user. You shall comply and any representatives to comply with all personnel, facility, safety and security policies, rules and regulations of Visneta and its Customers, when performing work at or on a Customer project. Additionally this shall apply to any Visneta systems or data, and shall conduct its work at or on Customer projects or on Visneta systems in such a manner as to avoid endangering the safety, or interfering with the convenience of, Visneta Representatives or customers. You understand that Visneta operates under various laws and regulations that are unique to the real estate and banking industry. You shall, to the extent permitted by law, exercise reasonable and prudent efforts to comply with the security provisions of this Agreement.TheVisnetaServiceCode of Conduct must be adhered to by all users.

      • Visneta® is a transparent marketplace for Real Estate Professionals and Consumers to connect and facilitate service transactions. To keep Visneta Services useful for everyone, we ask both Consumers and Real Estate Professionals to follow these guidelines:

        1. Ensure all data provided to the other party is accurate and current.
        2. Be transparent and clear with all communications not limited to messaging, services ordered, and property related information data.
        3. Disclose all relevant information before beginning any service transaction.
        4. Be professional and law-abiding as to the local laws which may apply to where the transaction is being performed
        5. Sensitive Information or Personally Identifiable information (PII) must be safeguarded and should only be entered into the designated protected fields. No PII data should ever be transmitted through messaging or general communication logs. All parties should maintain a high-level of professionalism and abide by applicable federal and state laws.
        6. Provide feedback and report questionable behavior
      • Disclose all terms of the deal - Be upfront and transparent with various rates and fees so that consumers and service providers will regard you as a trusted user. Poor feedback against a user is tracked and can result in limited or no access to Visneta. Be ready to answer questions and walk other party through expectations and each step of the process.

      • Obey the law - Discrimination is prohibited by the U.S. Department of Housing and Urban Development's (HUD) Fair Housing Act and the Office of Fair Housing and Equal Opportunity actively enforces those provisions of the law. The Fair Housing Act makes it unlawful to engage in the following practices based on race, color, national origin, religion, sex, familial status or handicap (disability).

      • No spamming - If you have made contact with a consumer and things didn't work out, please be professional and end your contact with that person. Do not add their contact information to your promotional lists or provide their contact information to others unless you specifically ask for consumer’s permission first.

      • Report questionable or unscrupulous behavior (legal@visneta.com)

      • While Service Ratings are one of the most valuable tools you can use to rate the quality of a service received, we also want to know if you encounter any questionable practices by any service provider or supplier. Contact Visneta Customer Support by e-mail at Admin@Visneta.com so that we can quickly respond if necessary.

      • The majority of users who participate in Visneta Services follow the guidelines. Those users and companies which choose not to abide by the rules will be removed from accessing the system. We reserve the right to restrict access and deactivate accounts for those who do not abide by the Code of Conduct. We also reserve the right to contact brokerage licensing and enforcement authorities if we suspect inappropriate or fraudulent and/or illegal activity.

    2. You agree not to impersonate another person or misrepresent your affiliation with another person or entity. Except as expressly stated herein, these Terms of Use do not provide you a license to use, reproduce, distribute, display or provide access to any portion of the Services on third-party Web sites or otherwise.

    3. Automated Queries. Automated queries (including screen and database scraping, spiders, robots, crawlers and any other automated activity with the purpose of obtaining information from the Services) are strictly prohibited on the Services, unless you have received expressed written permission from Visneta. As a limited exception, publicly available search engines and similar Internet navigation tools ("Search Engines") may query the Services and provide an index with links to the Services' Web pages, only to the extent such unlicensed "fair use" is allowed by applicable copyright law. Search Engines are not permitted to query or search information protected by a security verification system which limits access to users.

    4. Password and Security to access and use the full service, you must be authorized by your System Administrator. If you are an employee, you will receive instructions regarding your user identification and password. The System Administrator has the authority to change, delete or otherwise restrict your access to and/or use of the Service. Visneta shall not be responsible for any decisions made by the system administrator regarding your access to and use of the website and/or service. Prior to your first access of the site, you will be provided with a password. Upon your initial login, you should change that password to further protect the security of your access/use. We use many techniques to identify users when they register on our Site. However, because user verification on the internet is difficult, Visneta cannot and does not confirm each user's purported identity. For all users, please note that you are solely responsible for any and all activities that occur under your account and ensuring that you exit or log-off from your account at the end of each session of use. You shall notify your system administrator immediately of any unauthorized use of your password or account or any other breach of security that is known or suspected by you. User accounts cannot be "shared" or used by more than one individual. If you are an Employee of Client, Client shall be bound by your use of the Site and/or Service.

  1. Google Maps. Some of the Services implement the Google Maps web mapping service. Your use of Google Maps is subject to Google's terms of use, click here for more information.

  2. Calls. The Services may provide phone numbers that can connect you with Visneta, its service providers, or other third parties, such as field service suppliers, vendors, real estate agents and brokers. Some of the numbers listed may be routed through a third party service ("Calling Service"). Calls through the Calling Service may be recorded or monitored for quality assurance and customer service purposes. In the event that you make a call to Visneta or through a Calling Service, you consent to such recording and monitoring. Visneta will treat recorded calls in accordance with its Privacy Policy.

  3. Your Conduct You agree not to:

    1. upload, transmit, post, email or otherwise make available to the Site, any content or other material in any format that:
      1. is false, inaccurate, misleading, fraudulent, unlawful (including, but not limited to, laws governing consumer protection, unfair competition, antidiscrimination, or false advertising), harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, invasive of another's privacy, libelous and/or otherwise objectionable;

      2. Infringes any third party's intellectual property, whether a copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy; or

      3. contains viruses, worms, Trojan horses, time bombs, cancelbots, easter eggs, corrupted files, or any other similar software or programs designed to interrupt, interfere, intercept, expropriate, destroy or limit the functionality of any data, personal information, computer software or hardware or telecommunications equipment;

    2. alter, remove, or falsify any attributions or other proprietary designations of origin or source of any other content appearing on the Site or contained in a file that is uploaded to the Site;
    3. impersonate any person or entity, including, but not limited to, a Visneta or a Visneta customers’ official or falsely state or otherwise misrepresent your affiliation with a person or entity;
    4. attempt, through any means, to gain unauthorized access to the Site, or another user's account on the Site;
    5. link directly or indirectly to or include descriptions of goods or services that are prohibited under these Terms of Use or that You do not have a right to link to or include;
    6. use any robot, spider, other automatic device, or manual process to monitor or copy web pages or the content contained herein without our prior expressed written permission. Additionally, you agree that you will not take any action that imposes an unreasonable or disproportionately large load on Visneta’s infrastructure;
    7. create liability for Visneta or cause Visneta to lose (in whole or in part) the services of its ISPs or other suppliers; or
    8. list any item on the Site (or consummate any transaction that was initiated using Visneta's Service) that, by paying to Visneta a listing fee or other fee, would cause Visneta to violate any applicable law, statute, ordinance or regulation, or that violates Visneta's Terms of Use. The use of any device, software or routine that interferes or attempts to interfere with the proper working of the Site is expressly prohibited. You may not disclose or share your password with any third parties or use your password for any unauthorized purpose. In any case, you remain solely responsible for any authorized or unauthorized use of your password.

  4. Materials You Provide; Account Use; Privacy; Third Party Web Sites. For materials you post or otherwise provide to Visneta in connection with the Services (your "Submission"), you grant Visneta an irrevocable, perpetual, royalty-free worldwide license to:

    1. (use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, prepare derivative works of or incorporate into other works, and translate your Submission, in connection with the Services or in any other media, and

    2. Sublicense these rights, to the maximum extent permitted by applicable law. Visneta will not pay you for your Submission or to exercise any rights related to your Submission set forth in the preceding sentence. Visneta may remove or modify your Submission at any time. You are solely responsible for all Submissions made through your Visneta user account or that you otherwise make available through the Services.

    You may not share your Visneta user account with others. You are responsible for all actions taken via your account. Visneta will treat your use of the Services in accordance with its Privacy Policy. Certain Visneta functionalities may involve the distribution of your Submission to third party Web sites over which Visneta has no control. Visneta is not responsible for and makes no warranties or representations pertaining to these third party Web sites, including but not limited to the content, availability, or functionality of such Web sites. You are responsible for ensuring that your Submission complies with the terms of use associated with any such third party Web site and you understand that your Submission and your use of a third party Web site will be treated in accordance with that third party Web site's own privacy policy.

  5. Advertising. You understand and agree that the Services may include advertisements, and that these are necessary to support the Services. To help make the advertisements relevant and useful to you, Visneta may serve advertisements based on the information we collect from you or in relation to your interaction on our site. In the event that you have entered into a separate agreement ("Solutions Agreement") with Visneta under which you are granted the right to use certain of Visneta's Solutions products (the "Solutions Products"), Visneta will not serve advertising on the Solutions Products unless otherwise provided in the Solutions Agreement.

  6. The Role of Visneta. Visneta , LLC is a real estate technology platform and does not perform services as an entity. Visneta does not act as a real estate professional for you or any other user. Visneta does not sell, buy, or negotiate the purchase, sale, or exchange of real property. Further, Visneta does not lease or rent, offer to lease or rent, or negotiate the lease of real property or otherwise aid or assist in the lease of real property.

  7. Supplier Services. These terms apply specifically to Visneta Services:

    1. The Role of Visneta; Disclaimer. Visneta is not a Lender and does not aid or assist borrowers in obtaining loans, solicit borrowers or Lenders for loans, negotiate or make loans or credit decisions in connection with loans. Visneta does not endorse or recommend the products of any particular Lender. Visneta does not guarantee any specific loan terms and conditions offered to consumers by a Lender will be granted, or that consumers will be offered any type of loan by any Lender. Visneta is not an agent of either any consumer or any Lender. Visneta is only providing an administrative service to consumers and participating Lenders. Visneta assumes no responsibility for any result or consequence related directly or indirectly to any action or inaction that consumers take based on the Services, including Visneta Mortgage Marketplace, and any other information available there. Interest rates provided through the Services are for information purposes only, and actual interest rates may vary.

    2. Fees. The Visneta Service Marketplace is free to individual consumers. Real estate professionals and service providers with companies are subject to negotiated fees and transaction charges.

    3. Participating Service Providers. The Service Providers participating on Visneta are solely responsible for their services to consumers. Visneta shall not be liable for any damages or costs of any type arising out of or in any way connected with any consumers' use of the Visneta Web site, Visneta Service Marketplace, or the services offered by Service providing companies. Visneta is not responsible for any errors or delays caused by consumers or any service providers in the work flow process. Visneta reserves the right, at any time and in its sole discretion, to discontinue, suspend, or terminate the participation of any company or userfrom the VisnetaService Marketplace. When an individual Real Estate Professional applies for VisnetaService Marketplace, Visneta uses commercially reasonable efforts to confirm the Service Providers licenses (for services offered in the states claimed within the company profile). However, consumers should confirm credentials if they choose to enter into an agreement or transaction with a Service Provider.

    4. Privacy. Visneta will not expose personally identifying information about consumers to service provider without the consumer's consent. Please consult the Privacy Policy for more information.

  8. Additional Terms for Use of Certain Services.

    1. Enterprise Service Solutions. In the event that you have entered into a separate Enterprise Service Solutions Agreement with Visneta, your use of the Enterprise Service Solutions Products will be subject to the Enterprise Service Solutions Agreement and, if there is any conflict between the Enterprise Service Solutions Agreement and these Terms of Use, the Enterprise Service Solutions Agreement will control.

    2. Proprietary Rights Restrictions

      1. All material on the Site, including, without limitation, all informational text, design of and "look and feel" of the Site, layout, photographs, graphics, audio, video, messages, files, documents, images or other materials (collectively, the "Materials"), whether publicly posted or privately transmitted, as well as all derivative works, are owned by Visneta or other parties that have licensed their material to Visneta and are protected by copyright, trademark and other intellectual property laws. Visneta disclaims any proprietary interest in trademarks, service marks, logos, slogans, domain names and trade names other than its own. Trademarks, logos, images and service marks displayed on the Site are the property of either Visneta or other third parties. You agree not to display or use such marks without Visneta’s prior written permission. Any modification of the Materials, use of the Materials on any web site or networked computer environment, or use of the Materials for any purpose other than personal, non-commercial use is a violation of the copyright, trademark, and other proprietary rights in the Materials and is expressly prohibited.

      2. Information provided by customers and users to the website is comprised of multiple components (including, but not limited to, asset managers, brokers, and vendors), each providing different aspects of the total website. For example, a user may provide information in any section of the Site, a portion of which information may be integrated into other restricted sections of the Site. The information provided by Clients is provided "AS IS" and is subject to the Disclaimer of Warranties set forth below. Further, Visneta shall not be liable or responsible for the accuracy, completeness or use of any information provided by a user or any portion thereof.

      3. Third-Party Hosting - Visneta may contract with a third party to maintain and host the Site and/or alternate disaster recovery sites. Therefore, any information you submit, including Private Information, shall be placed and stored on a computer server maintained by this third-party host. The third party has implemented technology and security features and strict policy guidelines to safeguard the privacy of your Private Information from unauthorized access or improper use. Your use of the website and any provision of Private Information you submit to the website constitutes your acknowledgement that such information or content could pass through and may be stored in servers outside the control of Visneta. You agree that Visneta has no liability or responsibility for any such pass-through or storage of same.

  9. Software. The Services may include software for use in connection with the Services. If such software is accompanied by an end user license agreement ("EULA"), the terms of the EULA will govern your use of the software. If such software is not accompanied by a EULA, then Visneta grants to you a non-exclusive, revocable, personal, non-transferable license to use such software solely in connection with the Services and in accordance with these Terms of Use.

  10. Linked Materials and Third-Party Materials. The Services include links to third-party products, services and Web sites, as well as materials provided by third parties. Visneta does not endorse, and takes no responsibility for such products, services, Web sites, and materials. You understand that Visneta has no obligation to, and generally does not, approve or monitor materials provided by third parties through the Services. Your dealings with any third party arising in connection with the Services are solely between you and such third party, and Visneta takes no responsibility for any damages or costs of any type arising out of or in any way connected with your dealings with these third parties.

  11. Claims of Copyright Infringement. Visneta respects the intellectual property rights of others, and asks that everyone using the Services do the same. Anyone who believes that their work has been reproduced on the Services in a way that constitutes copyright infringement may notify Visneta's copyright agent in accordance with Title 17, United States Code, Section 512(c)(2), by providing the following information:

    1. Identification of the copyrighted work that you claim has been infringed;

      1. Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located on the Services so that the copyright agent can locate it;

      2. Your address, telephone number, and, if available, e-mail address, so that the copyright agent may contact you about your complaint; and

      3. A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner's behalf in this situation.

    Notices of copyright infringement claims should be sent as follows:

    By mail:
    Visneta LLC
    41 University Dr Suite 400
    Newtown, PA 18940
    Attention: Copyright Agent
    By e-mail: Legal@visneta.com

    If you give notice of copyright infringement by text e-mail, Visneta's copyright agent may begin investigating the alleged copyright infringement; however, we must receive your signed statement by mail or as an attachment to your e-mail before we are required to take any action.

  12. Intellectual Property. The Services are the property of Visneta, and subject to the intellectual property rights of Visneta and its licensors. ©2012-2013 Visneta , LLC All rights reserved. All rights reserved. ZIP+4 data ©2012-2013 United States Postal Service. Visneta, Visneta.com, the street sign in the Visneta logo are trademarks and/or registered trademarks of Visneta in the United States and/or other countries. You may not use any of Visneta's trademarks as part of your screen name or email address on the Services. The names of actual companies, products, and services mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.

    Visneta does not assert copyright or grant any rights to the underlying images or descriptions of real estate listings provided through the Services. Any use of these images and descriptions is subject to the copyright owner's permission and/or the requirements of applicable law.

  13. NO WARRANTY. VISNETA PROVIDES THE SERVICES "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VISNETA AND ITS SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. VISNETA AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE.

  14. LIABILITY LIMITATION; EXCLUSIVE REMEDY. IN NO EVENT WILL VISNETA OR ANY TECHNOLOGY SUPPLIER BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS OF USE OR YOUR USE OF THE SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS PARAGRAPH IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY SET FORTH BELOW AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF USE, OR YOU HAVE ANY DISPUTE OR CLAIM AGAINST VISNETA OR ITS SUPPLIERS WITH RESPECT TO THESE TERMS OF USE OR THE SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.

  15. Changes; Discontinuance. Visneta reserves the right to change these Terms of Use at any time in its sole discretion. Any changes will be effective immediately upon posting the revised version of these Terms of Use to Visneta's Web sites. Your continued use of the Services after the effectiveness of such changes will constitute acceptance of and agreement to any such changes. You further waive any right you may have to receive specific notice of such changes to these Terms of Use. You are responsible for regularly reviewing these Terms of Use. Visneta may alter, suspend or discontinue the Services at any time to you and/or to others, without notice.

  16. Choice of Law; Disputes. These Terms of Use are governed by the laws of the State of Pennsylvania, without giving effect to its conflict of laws provisions. You agree to submit to exclusive jurisdiction and venue in the state and federal courts sitting in Bucks County, Pennsylvania for any and all disputes, claims and actions arising from or in connection with the Services and/or these Terms of Use. In any dispute arising under this Agreement, the prevailing party will be entitled to attorneys' fees and expenses.

  17. Indemnification. You agree to defend and hold Visneta, its affiliates, and their respective directors, officers, employees, and agents harmless from any and all claims and demands made by any third party due to or arising out of your breach of these Terms of Use, your use of the Services, your violation of any law or the rights of a third party, or any Submission made through your Visneta user account or that you otherwise make available through the Services.

  18. Release. You release Visneta, its affiliates, and their respective directors, officers, employees and agents from all liability related to any and all claims and demands you may assert against any third party arising out of the Services. If you are a California resident, you waive California Civil Code Section 1542, which states, "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."

  19. General. You agree not to export from anywhere any part of the Services provided to you or any direct product thereof except in compliance with, and with all licenses and approvals required under, applicable export laws, rules and regulations. All Services used by the U.S. Government are provided with the commercial license rights described herein. If any part of these Terms of Use is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced with a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use will continue in effect. The section titles in these Terms of Use are solely used for the convenience of the parties and have no legal or contractual significance. Visneta may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign these Terms of Use, or assign, transfer or sublicense your rights, if any, in the Service. Visneta's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Except as expressly stated herein, these Terms of Use constitute the entire agreement between you and Visneta with respect to the Services and supersede all prior or contemporaneous communications of any kind between you and Visneta with respect to the Services. The following sections of these Terms of Use shall survive any termination of these Terms of Use: 3, 11, 12, 13, 15 through 18.

  20. Disclaimer of Warranties - YOU EXPRESSLY AGREE THAT USE OF THE SITE AND SERVICE IS AT YOUR SOLE RISK. THE SITE, SERVICE AND ANY CONTENT CONTAINED THEREIN OR DOWNLOADABLE THEREFROM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. VISNETA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VISNETA OR THROUGH THE SITE OR SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. B. VISNETA MAKES NO WARRANTY THAT THE SERVICE OR ANY CONTENT PROVIDED THROUGH THE SITE, SERVICE, OR ANY CONTENT CONTAINED THEREIN OR DOWNLOADED THEREFROM WILL MEET YOUR REQUIREMENTS, BE ACCURATE, COMPLETE, OR TIMELY, OR THAT THE SITE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. FURTHER, VISNETA DOES NOT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR SERVICE. VISNETA SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE DELETION, CORRECTION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY DATA. C. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SERVICE OR ANY CONTENT CONTAINED THEREIN OR DOWNLOADED THEREFROM IS AT YOUR OWN DISCRETION AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. D. VISNETA SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED AT THE SITE THROUGH THE SERVICE, OR ANY USE OF SAME BY YOU. E. VISNETA AND ITS LICENSORS MAKE NO REPRESENTATION THAT THE SITE, SERVICE, OR ANY CONTENT CONTAINED THEREIN OR DOWNLOADED THEREFROM IS APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS. IF YOU USE THE SERVICE FROM OUTSIDE THE UNITED STATES OF AMERICA AND/OR THE EUROPEAN UNION, YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS, INCLUDING WITHOUT LIMITATION EXPORT AND IMPORT REGULATIONS OF OTHER COUNTRIES.

  21. Limitation of Liability - VISNETA AND ITS EMPLOYEES, SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SITE, SERVICE OR ANY CONTENT CONTAINED THEREIN OR DOWNLOADABLE THEREFROM, OR ANY INFORMATION OBTAINED AT THE SITE THROUGH THE SERVICE, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS AND SERVICES OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR FOR THE USE OR MISUSE OF DATA BROUGHT ABOUT BY USE OF THIRD-PARTY SERVERS, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES EVEN IF FORESEEABLE OR VISNETA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT VISNETA'S LIABILITY HEREUNDER FOR DAMAGES, REGARDLESS OF THE FORM OF ACTION, SHALL NOT EXCEED THE ACTUAL TOTAL AMOUNT PAID FOR SERVICES PAID TO VISNETA. B.Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to you.

  22. Indemnification You agree to indemnify, hold harmless and release Visneta (and its employees, officers, directors, stockholders, agents, licensors and their respective successors and assigns), from and against any and all claims, damages, costs and expenses, including reasonable attorney's fees, arising from or related to Your use of the Site, the Service and/or any content contained therein or provided thereby, including, but not limited to, information from third party web sites linked to the Site.

  23. Local Laws and Export Controls The Site provides services and uses software and technology that may be subject to United States export controls administered by the U.S. Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, and other U.S. agencies and the export control regulations of the European Union. You acknowledge and agree that the Site shall not be used, and none of the underlying information, software or technology may be transferred or otherwise exported or re-exported to Afghanistan, Burma, Cuba, Iraq, Iran, Libya, Sudan or any other countries to which the United States and/or the European Union maintains an embargo (collectively, the "Embargoed Countries"), or to or by a national or resident thereof, or any person or entity on the U.S. Department of Treasury's List of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders (collectively, the "Designated Nationals"). The lists of Embargoed Countries and Designated Nationals are subject to change without notice. By using this Site, You represent and warrant that You are not located in, under the control of, or a national or resident of an Embargoed Country or a Designated National. You agree to comply strictly with all U.S. and European Union export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required. This Site may use encryption technology that is subject to licensing requirements under the U.S. Export Administration Regulations, 15 C.F.R. Parts 730-774 and Council Regulation (EC) No. 1334/2000.

  24. Changes to the Site Visneta reserves the right to modify, suspend or discontinue all or any portion of the Site and/or the Service at any time, without notice. Unless stated otherwise, any new features to the current Site or Service shall be subject to these Terms of Use. All areas of the Site are currently accessible to users without charge; however, Visneta reserves the right to charge users for access to or use of any portion of the Site in the future. These Terms of Use may be modified by Visneta at any time. Any such changes will be posted on the Site. Your continued use of the Site shall be deemed acceptance of any modifications.