Terms & Conditions

Vista Lead Generation by Videorize LLC provides a variety of related offerings and services. The sum product offerings and any related offerings and services, including our mobile applications, are referred to in these Terms and Conditions of Use as the "Products."

Vista Lead Generation's Products may not be used for the sending of unsolicited email (sometimes called "spam") in violation of applicable law or for the transmission of illegal or prohibited content.

PROPRIETARY RIGHTS Licensee recognizes that Vista Lead Generation by Videorize LLC regards the Licensed Programs as its proprietary information and as confidential trade secrets of great value. Licensee agrees not to provide or to otherwise make available in any form the Licensed Programs, or any portion thereof, to any person other than employees of Licensee without the prior written consent of VISTA LEAD GENERATION BY VIDEORIZE LLC.

TERM - The Licensee agrees to subscribe to the services selected for a term of 2 years from the initial (Minimum agreement Monthly term date) at the monthly subscription rate. The annual subscription to these services will automatically renew from year to year thereafter upon the anniversary date of this Agreement at said subscription rate unless Licensee provides notice of cancellation in writing to Vista Lead Generation by Videorize LLC not more than ninety (90) days preceding the anniversary date. Upon expiration of the second subscription year, Vista Lead Generation by Videorize LLC reserves the right to increase the subscription, at a rate not to exceed 5% of the Initial Subscription Rate, provided that Vista Lead Generation by Videorize LLC gives written notice at least 60 days prior to the last day of the second subscription year, with said increase to take effect no earlier than the expiration of the second subscription year.

TERMINATION -- Either party may terminate this contract without penalty after its initial term by providing the other party NINTY day written notice.

MAINTENANCE SUPPORT Licensor will provide to Licensee the following support with respect to the Software: If during the 1st year of this Agreement, Licensee notifies Licensor of a substantial program error respecting the Software, or Licensor has reason to believe that error exists in the Software and so notifies Licensee, Licensor shall at its expense verify and attempt to correct such error within thirty (30) working days after the date of notification.

WARRANTY DISCLAIMER VISTA LEAD GENERATION BY VIDEORIZE LLC licenses, and Licensee accepts, the licensed programs "AS IS." VISTA LEAD GENERATION BY VIDEORIZE LLC PROVIDES NO WARRANTIES AS TO THE FUNCTION OR USE OF THE LICENSED PROGRAMS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE LICENSED PROGRAM IS WITH LICENSEE. LICENSOR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE LICENSED PROGRAMS WILL MEET LICENSEE'S REQUIREMENTS OR THAT THE OPERATION OF THE LICENSED PROGRAMS WILL BE UNINTERRUPTED OR ERROR FREE. Notwithstanding the foregoing, the LICENSEE shall not be obligated to indemnify VISTA LEAD GENERATION BY VIDEORIZE LLC against any liability or expense to the extent that the same was caused by the gross negligence or willful misconduct of VISTA LEAD GENERATION BY VIDEORIZE LLC.

LIMITATION OF LIABILITY - EACH PARTY’S LIABILITY UNDER ANY PROVISIONS OF THIS AGREEMENT FOR DAMAGES FINALLY AWARDED SHALL BE LIMITED TO THE AMOUNTS ACTUALLY PAID HEREUNDER BY LICENSEE TO VISTA LEAD GENERATION BY VIDEORIZE LLC . IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF USE, LOSS OF PROFITS OR INTERRUPTION OF BUSINESS, HOWEVER CAUSED OR ON ANY THEORY OF LIABILITY.

SUCCESSORS -This Agreement will be binding upon and will inure to the benefit of the parties hereto and their respective representatives, successors and assigns except as otherwise provided herein. VISTA LEAD GENERATION BY VIDEORIZE LLC agrees not to assign this Agreement without first providing thirty (30) days’ written notice to LICENSEE.

UPDATES: Except as otherwise provided in this Agreement, while this Agreement is in effect, Vista Lead Generation by Videorize LLC shall provide Licensee with all applicable updates and upgrades for the Software at no additional charge.

This Agreement may only be modified by written amendment signed by duly authorized representatives of each party.