Version: September 14, 2021
All content on the Visier Service Portals is copyrighted or trademarked or licensed for use by Visier, Inc., Visier Solutions Inc., and their affiliates and subsidiaries. All rights reserved.
“Visier Service Portals” means collectively those service portal sites for users accessible at my.visier.com together with the Visier Forums.
“We,” “Our” or “Us” means Visier, Inc. or Visier Solutions Inc.
“You” or “Your” means You as an individual, and any company or organization for whom You are using the Visier Service Portals.
- Your Profile and Account
You are responsible for any activities that occur in Your Visier Service Portals accounts, even if You did not authorize such activities. It is Your responsibility to maintain the confidentiality of Your password. You agree that We may send You important information and notices regarding the Visier Service Portals and Your Visier Service Portals account by email or other means based on the information You provide to Us. When You register, You agree to (a) provide true, accurate, current and complete information about Yourself as prompted by the registration form, and (b) maintain and promptly update Your registration information to keep it true, accurate, current and complete. You must notify Us immediately of any unauthorized use or suspected unauthorized use of Your account or password. In addition, if You know or suspect Your password has been compromised, You must promptly change Your password. Even if You give Us notice, You could be held liable for losses incurred by Us or another party due to someone else using Your account or password.
- Acceptable Use
You are responsible for all activities that occur in Your Visier Service Portals accounts. You will treat other Visier Service Portals users with courtesy and respect. You agree that You will only upload, share, post, publish, discuss, or otherwise make available content that You have the right and authority to share. You will not:
- Impersonate any other person;
- Falsely say or imply that You are associated with another person or entity;
- Transmit spam, bulk or unsolicited communications;
- Interfere with the use of the Visier Service Portals by anyone else;
- Violate any applicable local, provincial or state, national, or international law;
- Submit content in exchange for payment or other consideration from another person or entity;
- Impose a disproportionate load on the Visier Service Portals or its server infrastructure, whether through denial of service attacks or otherwise;
- Attempt to interfere with the operation of the Visier Service Portals;
- Attempt to or actually circumvent the Visier Service Portals technological protections, safeguards, and/or security mechanisms;
- Use a spider, scraper, or other automated technology to access the Visier Service Portals;
- Collect information about other Visier Service Portals users without their consent; or
- Submit, discuss, or link to any content that:
- Infringes or violates the intellectual property or other rights of any person or entity;
- Intentionally interferes with the operation of the Visier Service Portals;
- Violates anyone’s privacy or publicity rights;
- Breaches any duty of confidentiality that You owe to anyone;
- Provides any non-public information about Us or any other company or person without authorization (including the names and contact information for Our employees or Visier Service Portals users);
- Is, in Our judgment, harassing, defamatory, abusive, lewd, pornographic, obscene or otherwise objectionable;
- Contains or installs any viruses, worms, bugs, Trojan horses, malware or other code, files or programs designed or having the capability to disrupt, damage or limit the functionality of any software or hardware; or
- Contains false or deceptive language, unsubstantiated or comparative claims regarding Ours or others’ products, advertising, commercial referrals, spam, chain letters, or any other solicitation, including solicitation of lawsuits.
Please remember that You may be providing content for an international audience. Things that do not seem abusive, obscene, or offensive to You might seem so to others. Please be mindful of the cultural context. We reserve the right, in Our sole discretion and without notice to You, to remove any content submitted or posted by You to the Visier Service Portals.
- Visier Forums
These Terms and Conditions also govern your use of and participation in the Visier Forums. Visier Forums are intended to provide an open, welcoming forums to share ideas, discuss industry trends, engage in meaningful dialogue, and gain knowledge. Accordingly, without limiting anything else in these Terms and Conditions, we ask that you refrain from posting anything to or discussing matters in the Visier Forums that:
- Would be considered “NSFW” (Not Safe for Work), inappropriate, offensive, or disruptive to a thread or conversation (i.e. trolling)
- Is off-topic to the original content and ongoing conversation of a particular thread
- Is discriminatory
- Contains spam, unauthorized advertising, or other communications intended to solicit commercial opportunity or is otherwise posted for financial gain
- Is the same information cross posted across multiple forums
- Contains links to content that is incapable of display
- Is posted under a duplicate account
- Is illegal, or otherwise glamorizes illegal activity
- Is confidential or proprietary to You or Your organization
We reserve the right, in Our sole discretion and without notice to You, to remove any content submitted or posted by You to the Visier Forums.
- ASSUMPTION OF RISK AND WARRANTY DISCLAIMER
THE VISIER SERVICE PORTALS ARE PROVIDED “AS-IS,” EXCLUSIVE OF ANY WARRANTY WHATSOEVER. WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. CONTENT POSTED BY US ON THE VISIER SERVICE PORTALS PAGES ARE NOT PART OF ANY USER GUIDE OR LEGAL AGREEMENT. ALL SUCH CONTENT IS PROVIDED “AS-IS”, AND WE DO NOT MAKE ANY REPRESENTATION AS TO ITS QUALITY OR ACCURACY, AND WE SPECIFICALLY DISCLAIM THE COMPLETENESS, RELIABILITY OR ORIGINALITY OF SUCH CONTENT. WE DISCLAIM ANY RESPONSIBILITY WHATSOEVER FOR ANY CONTENT OR MATERIAL ON THE VISIER SERVICE PORTALS NOT ORIGINATING WITH US.
WE CANNOT GUARANTEE THAT ANY CONTENT, MATERIALS, FILE OR OTHER DATA (“DOWNLOADED MATERIALS”) DOWNLOADED FROM THE VISIER SERVICE PORTALS IS FREE OF VIRUSES, MALWARE, HARMFUL CODE, OR OTHER DESTRUCTIVE FEATURES. YOU ARE RESPONSIBLE FOR IMPLEMENTING YOUR OWN SAFEGUARDS TO DETECT AND ADDRESS ANY POTENTIAL RISK ASSOCIATED WITH DOWNLOADED MATERIALS.
YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE VISIER SERVICE PORTALS.
- NO DAMAGES
IN NO EVENT WILL WE HAVE ANY LIABILITY HEREUNDER TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR DAMAGES BASED ON LOST PROFITS, DATA OR USE, HOWEVER CAUSED AND, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF VISIER, INC., VISIER SOLUTIONS INC., ITS SPONSORS, LICENSORS, AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE AFFILIATES’ SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS AND CONDITIONS SHALL LIMIT OR EXCLUDE LIABILITY FOR LOSSES OR DAMAGES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.
- License and Privacy
We process personal information in the course of your interaction with the Visier Services Portals, including for the purposes of administering login to the Visier Services Portals, facilitating discussions, engagements, and introductions between users, and engaging with You in Your use of the Visier Services Portals, in accordance with Our Privacy Statement available at https://www.visier.com/privacy/.
By submitting any feedback, suggestions, questions, comments and the like (“Feedback”) to Us, You agree that We are free to use the Feedback for any purpose without any restriction or compensation to You. Our use of Feedback may include but is not limited to developing, marketing and selling products. By receiving Your Feedback, We do not give up any rights to use similar or related feedback, ideas, concepts, know-how, techniques or other information previously known to Us, or developed by Our employees, or obtained from sources other than You. We do not wish to receive confidential or proprietary ideas. All Feedback submitted to Us through the Visier Service Portals will be considered NON-CONFIDENTIAL and NON-PROPRIETARY.
- Removal of Content
If you believe that Your copyrighted work has been copied on the Visier Service Portals in a way that infringes your copyright, please notify Us, including by submitting of a support ticket through the Visier Service Portals where available, and include the following information:
- A description of the copyrighted work that you believe has been infringed;
- A description of where that work is located on the Visier Service Portals;
- A description of your ownership right in the works, or your authority to act on behalf of the copyright owner; and
- Your contact information.
- Third-Party Links and Other Users
The Visier Service Portals may contain links to third party sites; such linked sites are not under Our control and We are not responsible for the content or performance of any linked site or any link contained in a linked site. We reserve the right to remove any links at any time. In particular, you acknowledge that certain functionality of Visier Service Portals, including the Visier Forums, may require your review and acceptance of third party terms and conditions that will govern Your engagement with such third parties. If You decide to access any of the third party sites linked, You do so entirely at Your own risk.
We do not control, are not responsible for and make no representations or warranties with respect to any user of the Visier Service Portals or their conduct. You are solely responsible for Your interaction with or reliance on any other user of the Visier Service Portals or their conduct. You further understand that you may be exposed to content from others that is offensive, indecent or objectionable.
- Account Termination By Visier
- Right to Modify or Discontinue Service
The Visier Service Portals are constantly evolving and changing. As a result, the Visier Service Portals may change at any time and without prior notice. We retain the right to, among other things, add, change, update, discontinue, suspend or limit the Visier Service Portals, at any time at Our sole discretion. We will not be liable to You or to any third party for any modification, suspension or discontinuance of the Visier Service Portals or any accounts.
- Contracting Entity; Validity, Interpretation and Enforcement
15.1. Where You are domiciled in the United States of America:
15.2 Where You are domiciled in Canada:
15.3 Where You are domiciled outside of the United States of America and Canada:
If a claim proceeds in court rather than through arbitration, We each waive any right to a jury trial.