PLEASE READ THESE TERMS AND CONDITIONS OF USE (THESE “TERMS”) CAREFULLY. BY SETTING UP A USER ACCOUNT WITH US, OR BY ACCESSING, BROWSING, OR OTHERWISE USING OUR WEBSITE OR CONTENT, OR ORDERING ANY PRODUCTS AND SERVICES (ALL DEFINED BELOW), YOU ACCEPT AND AGREE TO BE BOUND TO COMPLY WITH THESE TERMS AND OUR PRIVACY POLICY (LINKED BELOW). IF YOU DO NOT AGREE TO BE BOUND, YOU ARE PROHIBITED FROM ANY AND ALL USE THAT WOULD HAVE OTHERWISE BEEN PERMISSIBLE HEREUNDER.

1. Acceptance of the Terms

These Terms and our Privacy Policy (link below) form a legally binding agreement between you and Mary Lane Interior Designer, LLC d/b/a Obtained Visions and our subsidiaries and other affiliated companies (individually and collectively “Obtained Visions”, “we” or “us”) governing the use of our website  https://www.obtainedvisions.com/, and the use of content we post at our pages at Facebook, Instagram, and third party media platforms (all of which as updated by Obtained Visions from time to time) (all referred to collectively and individually as the “Site”), of “Content,” which refers to online or published audio, video, imagery, or other content generated by Obtained Visions or by others on our behalf (such as “User Submissions” defined below), and “Products and Services,” which refers to the product and service offerings that we make available through our Site and Content, including design services and products and service offerings from affiliates and third parties (“Providers”). Any capitalized term that is not defined below, is defined as set forth in the Privacy Policy.  

You represent and warrant that: (i) you are at least 18 years of age; or (ii) as parent or guardian, you agree to these Terms and the Privacy Policy, and you are solely responsible for the access to, and use of the Site or Content by any minor who is in your household or under your care or supervision. 

If you are using or opening an account on behalf of a company, entity, or organization (each an “Entity”), then you represent and warrant that you: (i) are an authorized representative of that Entity with the authority to bind such Entity to these Terms of Use and (ii) agree to be bound by these Terms of Use on behalf of such Entity.

2. Modifications to these Terms

These Terms may be changed, modified, amended, supplemented, or otherwise updated from time to time by Obtained Visions without advance notice to you. By continuing to access, browse, or otherwise use the Site or Content, or reviewing or ordering any Products or Services, you are bound by any such updated Terms. Obtained Visions, in its sole discretion, has the option, but not the obligation, to provide notice of any update to these Terms by means of a conspicuous alert, banner, or notification displayed on the Site or by sending an email to the email address provided to Obtained Visions.

3. Design Services

If you place an order for design, consultation, or similar services, the scope of the services provided to you are described on the order page and in your order confirmation. Once you pay the fee(s) for your service, we will begin work. ALL FEES PAID TO OBTAINED VISIONS ARE NON-REFUNDABLE. You agree to provide information requested in a timely manner regarding your desires for the project, including, if applicable, pricing, existing conditions, and design choices. We will use commercially reasonable efforts to deliver your order in a timely manner. However, the timeframe for the completion is in large part determined by the scope of the design, the details you provide, and other factors beyond our control. As such, you acknowledge that we have not and cannot guarantee any firm date for completion of the project. If you do not attend a scheduled consultation or if you are late, we reserve the right to charge a rescheduling fee, which must be paid before we provide any further services. Please note that Obtained Visions does not order products for you. If part of the service ordered, we provide a list of furniture, art, and other materials that you may order.

If included in the service you ordered, provided you have paid all fees due to us, we agree that any design we create for you (excluding any existing material incorporated therein) shall be a “work made for hire” as defined in the U.S. Copyright Act (“Act”), or is specially ordered by and prepared for you as a contribution to a collective work, and that the final work product shall be your sole and exclusive property, and you shall be considered the sole author thereof. To the extent, if any, that the materials are not considered “works made for hire” in accordance with the Act, we grant and assign to you all ownership in all copyrights in and to the design we created (excluding any existing material incorporated therein). You grant us a non-exclusive license to use the work we create for you, including for advertising purposes, as “User Submission,” as defined herein.  

You shall not provide to Obtained Visions any pictures, sound, graphics, video, data or any other materials that: (a) infringe on the rights of any third party, including copyrights or any rights of publicity or privacy; (b) violate any law, statute, ordinance or regulation (including without limitation the laws and regulations governing export control, unfair competition, antidiscrimination or false advertising); (c) is defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (d) is obscene, child pornographic or indecent; or (e) contains any viruses, Trojan horses, worms, trap doors, back doors, Easter eggs, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. You represent and warrant that you own any photo provided to us (including the copyright therein) or that you have permission and the ability to use the photo(s) and to grant the rights set forth herein.

4. License Grant and Limitations. 

Subject to your compliance with these Terms, and subject to the work-for-hire provision applicable specifically to designs (paragraph 3 above), Obtained Visions hereby grants you a non-transferable, non-sublicensable, non-assignable, revocable license in Obtained Visions’ rights in the Site and Content to access and use them for your own personal and non-commercial use. The license granted herein excludes, and Obtained Visions prohibits you from using Obtained Visions’ rights for, downloading (other than through page caching), copying, reproducing, extracting content or data from (including through data mining, web crawling, or other techniques), or modifying the Site or Content, or selling, reselling, or commercially reusing (including via any time-sharing, service bureau, or similar method), or creating any derivative works from the Site or Content. You are prohibited from, and Obtained Visions does not grant you any rights to frame or use framing techniques on the Site or Content to enclose any trademark, branding, logo, or other proprietary information that identifies Obtained Visions or any Obtained Visions affiliate or third party provider, without the prior written consent of Obtained Visions or, if applicable, the third-party owner of the trademark, branding, logo, or other proprietary information. 

Obtained Visions reserves all rights and remedies available under contract or Applicable Law. Obtained Visions does not grant you and Obtained Visions disclaims all implied rights, to the extent permitted under Applicable Laws. “Applicable Laws” means any local, state, national, and international laws and regulations that apply, according to their provisions, to your activities with or use of the Site or Content, or Products and Services. 

A. General. 

In connection with your use of the Site or Content, you agree and acknowledge that Obtained Visions prohibits you from doing or from enabling or advising any other person or entity to engage in:

1. Uploading any message, information, data, text, software, or images, including, without limitation, any User Submission (as defined below), that is false, misleading, untruthful, inaccurate, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another’s right of privacy or publicity;

b. Creating a false identity for the purpose of misleading others or impersonating any person or entity, including, without limitation, any Obtained Visions representative, or falsely stating or otherwise misrepresenting your affiliation with a person or entity;  

c. Uploading or transmitting any User Submission, or other material or information, that you are prohibited from or limited in reproducing, displaying, or transmitting under any law, or under any contractual or fiduciary relationship (such as information that has been confidentially disclosed to you); 

d. Uploading or transmitting any files or materials, including, without limitation, any User Submission, that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of the Site or Content, or our or another’s computer system, data, or property;

e. Deleting any author attributions, legal notices, or proprietary designations or labels that you upload to any communication feature; 

f. Violating any Applicable Laws;

g. Uploading or transmitting any User Submission or other material that infringes or misappropriates the intellectual property rights of Obtained Visions or another person or entity;

h. Uploading or transmitting any User Submission or other material that constitutes unauthorized or unsolicited advertising, junk, Maillist, Listserve, or any form of autoresponder or bulk e-mail (“spamming”), or that involves commercial activities or sales, any of which is done without Company's prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes; 

i. Deleting or revising any information or material posted by another;

j. Manipulating or displaying the Site or Content, by using framing, mirroring, or similar navigational technology, or directly linking any site or social media platform to any subdomain of the Site or social media platform or site where the Content is posted online or published; 

k. Probing, scanning, or testing the vulnerability of or breaching any authentication measures of the Site or Content, or any authentication measures in any related networks or systems;  

l. Registering, subscribing, or unsubscribing any persons or entities who are otherwise licensed by Obtained Visions to use the Site or Content, without Obtained Visions receiving from you in advance a written authorization for you to do so from such persons or entities, or attempting to do any of the foregoing;

m. Harvesting or otherwise collecting information about others, including e-mail addresses or other information that is “Personally Identifiable Information” or “PII” or the equivalent under Applicable Law, or that otherwise identifies a person or entity or their location, and as further prohibited or limited with respect to User Submission; 

n. Using any robot, spider, scraper, or other automated or manual means to access, browse or otherwise use this Site or Content, or copy any of them; 

o. Reverse engineering, decompiling, or otherwise attempting to derive the source code, techniques, processes, algorithms, know-how or other information from executable code portions of software embedded in or accessed through the Site or Content (collectively, “Reverse Engineering”), when enforcement of this limitation is not prohibited by Applicable Law. If Applicable Law prohibits enforcement of the Reverse Engineering restrictions, you may engage in Reverse Engineering solely to obtain information necessary to achieve interoperability with any software that is otherwise licensed to you by Obtained Visions, or as otherwise permitted by Applicable Law, but only if: (a) Reverse Engineering is strictly necessary to obtain such information: and (b) you first requested such information from Obtained Visions, and Obtained Visions failed to make such information available under reasonable terms; 

p. Taking any action that imposes or may impose (as determined by Obtained Visions in its sole discretion) an unreasonable or disproportionately large load on Obtained Visions’ (or its third party providers’) infrastructure; 

q. Interfering or attempting to interfere with the proper working of the Site, or Content, or any activities conducted with them, such as the ordering of Products and Services; and

r. Using any of Obtained Visions’ proprietary rights in the Site or Content to create, develop, or implement any new technology, products, or services.

B.   User Submissions. 

Subject to the Privacy Policy, any communication or material that you transmit to the Site or to us, email or other means, or anything that you post related to Obtained Visions, the Content, or Products and Services, for any reason, will be treated as non-confidential and non-proprietary user generated content (“User Submission”). While you retain all ownership rights to the User Submission, you hereby grant to Obtained Visions an irrevocable, perpetual, fully paid up, world-wide, royalty-free, right to use, reproduce, edit, alter, display, transmit, prepare derivate works of, modify, publish, and otherwise fully exploit any User Submission for any purpose related to the Site, Content, or Products and Services, including, without limitation, for the development, analysis, and improvement of the Site, Content, or Products and Services hereinafter developed or offered by Obtained Visions, without any obligation to notify you or compensate you, and without you having any rights related thereto. By posting a User Submission, you represent and warrant that you own or otherwise fully control all rights to the User Submission, such as all the rights necessary for you to provide, post, upload, input, or otherwise submit the User Submission.

Obtained Visions does not guarantee that any Content or User Submissions will be made available on the Site or through Products and Services. Obtained Visions has no obligation to monitor the Site, User Submissions or other Content, or the use of Products and Services. However, Obtained Visions reserves the right to do any of the following without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Obtained Visions is concerned that you may have violated these Terms of Use), or for no reason at all: (i) remove, block, edit, or modify any Content in its sole discretion, such as any User Submissions, from the Site at any time; or (ii) close down account(s) associated with the User Submissions. 

C. Other Content Related Prohibitions and Limitations. 

In connection with your use of Content, and without limiting any of the above prohibitions or limitations, you agree and acknowledge that Obtained Visions further prohibits you from doing or from enabling or advising any other person or entity to engage in:

1. Downloading, reproducing, preparing derivative works, distributing, performing, or displaying any Content;

2. Sublicensing or assigning any Content for standalone distribution or otherwise; 

3. Using Content in connection with defamatory, or fraudulent content or in connection with pornographic, unlawful, or illegal images (including without limitation adult content or videos, adult entertainment venues, escort services), sounds, or content, or any depictions of illegal activity whatsoever, whether directly or in context or by juxtaposition with other materials;

4. Changing any language or appearance or sound in the Content, or the order or structure or background;   

5. Removing any proprietary or intellectual property markings or notices on any Content; and

6. Violating, by bypassing or disregarding, other prohibitions, limitations, or restrictions in your agreement with Obtained Visions or authorized third-party Content provider, such as limiting use to specific identifiable media or systems.

D. Violation and Disclosure of Information

Obtained Visions reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of any of the foregoing, such as terminating or suspending your access or your account. Obtained Visions may cooperate with legal authorities or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Except as may be expressly limited by our privacy policy, currently at  https://www.obtainedvisions.com/privacy-policy/ and incorporated into these Terms by this reference (our “Privacy Policy”), Obtained Visions reserves the right at all times to disclose any information Obtained Visions deems necessary to satisfy Applicable Laws, or edit, refuse to post, or remove information or materials, in whole or in part, in Obtained Visions’ sole discretion.

5. Your Account 

To be allowed access and granted rights to order Products and Services, you consent to being required to provide, and you will provide certain personally identifiable information, the use of which is governed by our Privacy Policy. You represent and warrant that any information provided by you is accurate, current, and complete and will be kept accurate, current, and complete. Obtained Visions may suspend, revoke, or terminate your account, your access to the Site or Content, or orders of or ability to order Products and Services, for any reason or no reason at any time in Obtained Visions’ sole discretion without prior notice to you. You must treat as confidential any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, and you are prohibited from disclosing it to any others.

You must exercise 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. You understand and agree that if you are provided an account, your account is personal to you, and you are prohibited from providing any other person or entity with access to any part or all of the Site or Content, or rights to access and order Products and Services, using your username, password, or other security information. You will notify us immediately of any unauthorized access to or use of your username or password or any other breach of security that has occurred or that you likely suspect to have occurred. You are solely responsible for password misuse and any unauthorized access.

The security of your personal information is very important to Obtained Visions. We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. The safety and security of your information also depends on you. You are responsible for complying with these Terms and obtaining your own access to and use of the Content. Unfortunately, the transmission of information is not completely secure, whether via the Internet, radio or wireless or other communication methods and systems. We do our best to protect your personal information, but we cannot guarantee the security of personal information transmitted by you when using the Site or any Content. Any such transmission is done at your own risk.

6. Termination; Modifications  

The Site, Content, and any order for Products and Services may be changed, canceled, withdrawn, or terminated at any time in Obtained Visions’ sole discretion without notice to you. You are not receiving any material benefit from them. We shall not be liable to you or any third party for any claims for damages arising out of any termination or suspension or any other actions taken by us in connection therewith. 

Additionally, we reserve the right to accept, refuse, or restrict your access, rights to order, or use of any Content, or Products and Services, or change it in any way, in our sole discretion. You may not transfer or assign your rights, access, or benefits hereunder. We may take actions we deem reasonably necessary to prevent fraud and abuse, including restricting your account or any or all users on your account.

7. Links to Third-Party Sites

The Site and Content may contain links to certain third-party media platforms or other sites. These sites are not under the control of Obtained Visions. In addition, third-party sites may contain links to our Site or Content. Obtained Visions is not responsible for or liable for, and makes no representations or warranties concerning, the content or material or other information regarding Products and Services, or otherwise that is streamed or posted at such third-party sites. The fact that the Site or Content links to any third-party site, or that a third-party site has provided a link to this Site or Content, does not constitute an endorsement, authorization, sponsorship, or affiliation between Obtained Visions and the site’s owners, operators, or maintainers. You acknowledge that any products, services, content, material, or information provided through such third-party sites are accessed at your own risk. Obtained Visions is not responsible for, and Obtained Visions is not liable for, and Obtained Visions disclaims all and makes no representations and warranties, with respect to, any information, or product or service offerings, or content found on any linked third-party sites, such as the appropriateness or fitness of any products, services, or transactions described therein. 

8. No Reliance 

The content provided through the Site and Content are for general information only. Although we make reasonable efforts to update the information available therein, we make no representations, warranties, or guarantees, whether express or implied, that such content is accurate, complete, or up to date. Your use of the Site and Content, as well as your ordering of any Products and Services, is at your own risk and neither Obtained Visions, nor its directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever for such use.

The Site and Content may include content provided by third parties, including from other users and third-party licensors. All statements and opinions expressed in any such third-party content, other than Obtained Visions provided content, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of Obtained Visions. Neither Obtained Visions, nor its respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any third-party materials.

9. Ownership

Subject to the work-for-hire provision in paragraph 3, above, the Site and Content, including, but not limited to, all information, software, code, data text, displays, graphics, photographs, images, video, audio, music, broadcast, design, presentation, site layout, selection, and arrangement are owned by Obtained Visions, its licensors, or other providers of such material and are protected in all forms by intellectual property laws, including, without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights. 

All trademarks, service marks, logos, product and service names, designs, images, branding, and slogans are trademarks appearing within the Site or Content, as well as our Products and Services, are owned by Obtained Visions or its affiliates or licensors. You are prohibited from using any of them without the prior written permission of Obtained Visions or its affiliates or licensors, except for the limited personal and non-commercial rights to use the Site and Content, as set forth in Paragraph 3 above. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear within the Site, or on any Content, are the trademarks of their respective owners. Use or misappropriation of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of Applicable Laws, and could subject the infringer to legal action. Obtained Visions does not make any non-infringement representation or warranty, and disclaims all, with respect to your use of the Site or any Content, any Products and Services, or any other materials or information therein.

10. Confidentiality. 

During your relationship with Obtained Visions, you may be exposed to, or Obtained Visions may disclose to you information that is confidential or under a restricted use or restricted disclosure or otherwise under an ongoing confidentiality obligation (any of which is “Confidential Information”). Obtained Visions is not under any obligation to share any Confidential Information. If Confidential Information is shared with you or accessed by you, unless you can demonstrate at the time of receipt or access with contemporaneously dated written records that the information was generally and freely available to the public beforehand, you will maintain the confidentiality of the Confidential Information, you will not share it with anyone or publish or post it anywhere, without Obtained Visions’ prior written consent, and you can only use it on an as-needed basis solely in connection with your use of the Site or Content as licensed by Obtained Visions in these Terms or as otherwise set forth in another written agreement that you may enter into with Obtained Visions. With respect to meeting these confidentiality obligations, you will use at least the same degree of care that you use with your own confidential information to safeguard it against disclosure and misuse, but in no event less than reasonable care. If you are required to disclose any if required by a law or court or governmental agency, you may do so only to the extent required, if you give Obtained Visions reasonable notice and opportunity to contest, protect, or restrict the disclosure. If your relationship with Obtained Visions is terminated under these Terms or other written agreement between you and Obtained Visions, or at any earlier time upon Obtained Visions’ request, you will promptly return all Confidential Information to Obtained Visions, or confirm that it has all been destroyed, including whatever materials or information you may have created that is based on or otherwise contains any Confidential Information. You do not have any claim, right, title, property or other interest or license of any kind or nature in Confidential Information. You will hold the Confidential Information in strict confidence and in trust for the sole and exclusive benefit of Obtained Visions. Obtained Visions disclaims all and makes no representations or warranties, express and implied, as to the accuracy or completeness of Confidential Information or otherwise. You will not share with Obtained Visions any information or materials that you hold confidential, or that you hold confidential for a third party, and Obtained Visions is not obligated or liable to you in any way with respect to information or materials that you provide to Obtained Visions. 

11. Developments. 

Obtained Visions does not grant any rights (and you hereby disclaim any such grant) to use Confidential Information or the intellectual property of Obtained Visions or any others, in any manner beyond what is expressly set forth in this Agreement. You are prohibited from engaging in research or development that may lead to the disclosure of intellectual property that comprises Confidential Information or proprietary know-how of Obtained Visions or others, which is not generally known to and conveniently available to the public. Should any new or improved technology, material, or processes developed by you or on your behalf, be related to methods and technology proprietary to Obtained Visions or its Providers, in whole or in part, then you hereby grant Obtained Visions, at no cost, a non-exclusive, irrevocable, transferrable license to all such developments.

12. Third Party Platforms

Obtained Visions may provide tools that enable you to link your account with third-party generated Content, applications, sites, and other product or service offerings, which are made available to you as a user of the Site, Content, or Products and Services. If you do so, you may also be subject to the terms and conditions and privacy policy of the provider of that third party. Obtained Visions is not responsible or liable for behavior, content, or features of any third-party content, application, site, or products or services.

13. Disclaimers

EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SITE, CONTENT, AND PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS,” “WHERE IS,” AND “AS AVAILABLE” BASIS. OBTAINED VISIONS MAKES NO, AND HEREBY DISCLAIMS ANY, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE AND CONTENT, AS WELL AS THE AVAILABILITY, FUNCTIONALITY, PERFORMANCE, LOSS OF DATA OR RESULTS OF USE OF THE SITE AND CONTENT. WITHOUT LIMITING THE FOREGOING, OBTAINED VISIONS EXPRESSLY DISCLAIMS ANY WARRANTY THAT THE SITE OR CONTENT WILL BE ACCURATE, ERROR-FREE, OR UNINTERRUPTED. FURTHER, TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, OBTAINED VISIONS DISCLAIMS ALL AND MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR ARISING BY USAGE OF TRADE, NONINFRINGEMENT, COURSE OF DEALING OR COURSE OF PERFORMANCE WITH OBTAINED VISIONS OR ITS PROVIDERS. FURTHER, AND WITHOUT LIMITING THE FOREGOING, OBTAINED VISIONS DISCLAIMS ALL AND MAKES NO REPRESENTATIONS AND WARRANTIES OF ANY KIND THAT THE SITE OR CONTENT, OR INFORMATION, MATERIALS, OR PRODUCTS AND SERVICES INCLUDED IN OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE OR CONTENT, OBTAINED VISIONS’ SERVERS OR ELECTRONIC COMMUNICATIONS FROM OBTAINED VISIONS, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 

14. Indemnification

To the maximum extent permitted by Applicable Law, you will defend, indemnify, and hold harmless Obtained Visions, its subsidiaries or other affiliates, and their respective directors, officers, employees, agents, service providers, contractors, 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 breach of these Terms or your use of the Site or any Content, including, but not limited to, actions under your account name, your violation of any Applicable Law or of any rights of another, your User Submission, third-party sites, and any use of content other than as expressly authorized under these Terms. We reserve the right, at your expense, to assume the exclusive defense and control of any matter which you are required to indemnify against, and you agree to cooperate in our defense of such matter. This indemnification will survive any termination of these Terms.

15. Limitations

NEITHER PARTY WILL BE HELD LIABLE TO THE OTHER PARTY OR CLAIM OR HOLD THE OTHER PARTY LIABLE FOR CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, SUCH AS COSTS OR EXPENSES INCURRED IN CONNECTION WITH THE REPLACEMENT OF ANY PRODUCTS, GOODS, MATERIALS, OR SERVICES BOUGHT OR SOLD THROUGH THE SITE, OR ANY OTHER LOSSES, LOST PROFITS, LOSS OF DATA, OR OPPORTUNITY COSTS, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EXCEPT TO THE EXTENT THAT A PARTY IS LIABLE TO INDEMNIFY THE OTHER, OR LIABLE DUE TO THE PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

NEITHER PARTY WILL BE LIABLE TO THE OTHER PARTY OR CLAIM OR HOLD THE OTHER PARTY LIABLE FOR ANY AMOUNTS IN EXCESS OF ONE HUNDRED DOLLARS ($100.00). THIS LIMITATION OF LIABILITY IS CUMULATIVE AND NOT PER INCIDENT (i.e., THE EXISTENCE OF MORE THAN ONE (1) CLAIM WILL NOT ENLARGE THIS LIMIT), EXCEPT TO THE EXTENT THAT A PARTY IS LIABLE TO INDEMNIFY THE OTHER, OR LIABLE DUE TO THE PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. ANY CLAIM OR CAUSE OF ACTION BROUGHT BY YOU OR ON YOUR BEHALF, ARISING OUT OF OR RELATING TO YOUR USE OF THE PRODUCTS AND SERVICES, OR THE CONTENT OR OUR RELATIONSHIP WITH YOU, REGARDLESS OF THEORY, MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE OCCURRENCE OF THE EVENT GIVING RISE TO THE CLAIM OR CAUSE OF ACTION OR BE FOREVER BARRED.

16. International Use, Sanctions, and Export Policy 

Although this Site may be accessible worldwide, Obtained Visions makes no representation that materials on this Site are appropriate or available for use in locations outside the United States. Those who choose to access this Site from other locations do so on their own initiative and at their own risk. If you choose to access this Site from outside the United States, you are responsible for compliance with local laws in your jurisdiction, including but not limited to, the taxation of products purchased over the Internet. Any offer for any Content or Service, or materials or information made in connection with this Site or Content, or Products and Services, is void where prohibited. You are prohibited from using any of the Site, Content, and Products and Services if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using then. You are required and solely responsible to comply with all U.S. or other export and re-export restrictions that may apply to goods, software, technology, and services.

17. Infringement Notices

If you believe that any of the Content or anything on the Site, or any Product or Service offered through Obtained Visions or the Site, violates or infringes upon your intellectual property rights pursuant to Title 17, United States Code, Section 512(c)(2), please notify us immediately of the alleged infringement at Michael Johnson, Kay Griffin Evans, PLLC, 222 Second Avenue North, Nashville, Tennessee 37201 with all specifics necessary for us to consider and respond to your complaint. You may be asked to provide additional information and follow additional procedures for us to act on your complaint. 

If you learn that the Site or Content, or any Product or Service offered through Obtained Visions or the Site, is subject to a threatened or actual third-party claim of infringement, violation of another right, or any other claim for which Obtained Visions, Content contributors, or any of their respective affiliates may be liable, you will promptly notify Obtained Visions of any such claim. If Obtained Visions, its Content contributors, or any of their respective affiliates learns of such a claim from you, the third party or otherwise and Obtained Visions, in its sole good faith discretion, determine that the claim raises an inappropriate legal risk, upon notice from us, you will: (i) remove Content from your computer systems and storage devices (electronic or physical), and (ii) cease any future use of the Site or Content at your own expense, if possible. Repeat infringers will be terminated and barred from using the Site or Content.

18. Binding Arbitration

Any dispute or claim relating in any way to these Terms, or your use of the Site, Content, or Products or Services will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow these Terms, as a court would be bound to follow. To begin an arbitration proceeding you must send a letter requesting arbitration and describing your claim to the attention of Michael Johnson, at Kay Griffin Evans, PLLC, 222 Second Avenue North, Nashville, TN 37201. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes in Nashville, Tennessee. The AAA's rules are available at www.adr.org  or by calling 1-800-778-7879. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring a legal proceeding before a court to enjoin infringement or other misuse of intellectual property rights. 

19. Jurisdiction and Governing Law

These Terms shall be construed, governed, and enforced under the laws of the United States and the State of Tennessee (without regard to rules governing conflict of laws). You consent to the venue being in Nashville, Tennessee for all actions relating in any manner to these Terms. If the Arbitration clause is found to be unenforceable, each party hereby consents and submits to the in personam jurisdiction of the federal or state courts located in Nashville, Tennessee, and to the extent permitted by law, hereby consents that all services of process may be made by any nationally recognized overnight courier, or by certified or registered mail, postage prepaid and return receipt requested. Each party waives any objection based on forum non conveniens and waives any objection to venue of any action instituted hereunder to the extent that an action is brought in the courts identified above. Each party agrees that a final judgment in any such action shall be conclusive and may be enforced in any other jurisdiction in any manner provided by law.

20. Electronic Communications

When you use the Site or Content, or order Products and Services offered through the Site or Content, or send e-mails, text messages, and other communications from your desktop or mobile device to us, your communications are electronic. You consent to receive our communications electronically, such as e-mails, texts, mobile push notices, or notices and messages on this Site or through another site or service, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

21. Force Majeure

In addition to any excuse provided by Applicable Law, Obtained Visions shall be excused from liability for non-delivery or delay in delivery of Products and Services offered through our Site or Content, or from any functionality associated with our Site or with Content, arising from any event beyond our reasonable control, whether or not foreseeable by either you or Obtained Visions, including but not limited to: labor disturbance, war, fire, accident, adverse weather, disease, pandemic, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to any of the foregoing. 

22. Severability

If any part of these Terms is held illegal, or otherwise invalid or incapable of being enforced in a jurisdiction, that portion shall be excluded, replaced, or construed in a manner consistent with Applicable Law in that jurisdiction to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The foregoing rights to exclude, replace, or re-construe do not automatically apply to the legality, validity, and enforceability of the terms in other jurisdictions, which shall, to the extent permitted by Applicable Law, remain unaltered as originally set forth herein.

23. Entire Agreement

These Terms constitute the entire agreement and understanding between the parties concerning the subject matter hereof and supersede all prior agreements and understandings of the parties with respect thereto. These Terms may NOT be altered, supplemented, or amended by any other document(s) other than a written agreement entered into with signatures of authorized representatives of both parties. 

24. Compliance with Laws

You agree to abide by all Applicable Laws. You are solely responsible and liable for all acts or omissions that occur because of or while you access, browse, or otherwise use the Site or Content.

25. Order of Precedence

To the extent that anything in or associated with this Site or Content is in conflict or inconsistent with these Terms, these Terms shall take precedence. To the extent that anything in or associated with these Terms is in conflict or inconsistent with another written agreement that you may enter into with Obtained Visions, including a master service agreement or other written contract, that other written agreement shall take precedence.

26. Survival

The Terms shall survive termination or expiration of your use of the Site, Content, or your plan. 

27. Third-Party Beneficiary 

Obtained Visions, its content contributors, or any of their respective affiliates are all intended third-party beneficiaries of these Terms; nothing in these Terms, express or implied, intends to or confers upon any other third party any rights, benefits, or remedies of any nature whatsoever. You will promptly reimburse Obtained Visions, its content contributors, and any of their respective affiliates for any costs (including reasonable attorneys' fees and court costs) incurred in collecting any fees or enforcing these Terms.

28. Waiver

No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms operates, or may be construed, as a waiver thereof; and no single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

29. Our Remedies

You acknowledge and agree that any violation, or threatened violation, by you of these Terms constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm, and as such, you consent to our seeking injunctive or equitable relief that we deem necessary or appropriate in response. These remedies are in addition to any other remedies we may have at law or in equity.

30. Notice

You may notify Obtained Visions at mary@obtainedvisions.com or by certified mail to the address below. 

By Mail, with attention to Management: 

[ADDRESS]

 

Please ensure that all notifications from you include your name, address, e-mail address, and account number and project identification if applicable. 

Obtained Visions may notify you by email or certified mail associated with you, your computer’s IP address, and if you have an account or project with Obtained Visions, then the information associated with the account or project. 

31. Independent Contractors

You and Obtained Visions agree and acknowledge that nothing in these Terms will be construed as creating a joint venture, partnership, franchise, agency, employer-employee, or similar relationship between you and Obtained Visions, or as authorizing either to act as agent or representative of the other. You are and will remain an independent contractor in your relationship with Obtained Visions, and you have no right or authority to bind Obtained Visions to a third party, or to make any representations or warranties or statements on behalf of Obtained Visions to a third party.