These Terms of Service (“Agreement”) are between you, together with any entity you are representing (collectively, “You”), and fullvisitor (“fullvisitor,” “We,” “Us,” or “Our”). By registering with fullvisitor, using Our website at fullvisitor.com or any mobile version of Our website (together, “Site”), or using any services provided through Our Site (“Services”), (1) You agree to be bound by this Agreement, including the additional terms referenced in Section 1 below (“Additional Terms”) and (2) You represent that You are eighteen (18) years of age or older and, if You are representing an entity, You have all required authority and power to bind the entity to this Agreement. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, OR ANY OF THE ADDITIONAL TERMS THAT APPLY TO YOU, OR IF YOU DO NOT HAVE SUCH AUTHORITY, YOU RE NOT AUTHORIZED TO ACCESS OR USE OUR SITE OR SERVICES.
1. Additional Terms
(b) Please review Our other policies referenced in this Agreement and hyperlinked herein below. The provisions of such policies may apply to You and are incorporated into, and considered a part of, this Agreement.
2. fullvisitor Site; Site Content.
The fullvisitor Site is a copyrighted work belonging to fullvisitor. We or Our suppliers exclusively own the information and content made available on or through the Site (other than information or content You provide) and the information and content in any communications fullvisitor sends You (collectively, “Site Content”). You may use the Site and Site Content only in accordance with this Agreement. Subject to the terms and conditions of this Agreement (including Your compliance with this Agreement), fullvisitor grants You a limited, non-exclusive, non-transferable, non-sublicenseable, revocable license to view and use the fullvisitor Site Content (other than Software (defined in Section 4 below) which is licensed only under the terms of Section 4 below) for Your personal or internal business purposes. You may not use the fullvisitor Site Content except as expressly authorized under this Agreement. You agree that any copy of the fullvisitor Site Content that You make shall retain all copyright and other proprietary notices in the same form and manner as on the original. Except as expressly authorized under this Agreement or to the extent otherwise permitted under applicable law, You may not use, download, upload, print, display, perform, reproduce, publish, license, post, transmit, modify, create derivative works of, reverse engineer, disassemble, decompile, adapt, distribute, transfer, or exploit any fullvisitor Site Content in whole or in part without Our prior written authorization.
3. Your Account
To access or use Our Services, You will be required to register and obtain an account on the Site. You will receive (or choose) a password upon completing the registration process. You are responsible for maintaining the confidentiality of Your password, and all activities that occur under Your account. You agree to (1) immediately notify Us of any unauthorized use of Your account or any other breach of security and (2) ensure that You fully exit from Your account at the end of each session. We will not be liable (to You or any third party) for any loss or damage arising from or related to the unauthorized use of Your account (unless such use is directly caused by Our gross negligence).
4. Service Subscriptions
fullvisitor offers several subscription plans with a range of Services for purchase, as further described in our Plans and Pricing Policy (each, a “Service Subscription”). If You have purchased a Service Subscription, upon activation of Your account We will provide the Services under the Service Subscription that You elected. Subject to Your compliance with these Terms of Service and the other terms referenced herein, fullvisitor grants You a non-exclusive, non-transferable, revocable, limited license to remotely access and use, solely for Your internal business purposes, the fullvisitor software (in executable code only) (“Software”) through the fullvisitor Site as permitted for the Service Subscription purchased by You.
5. Fees and Payment
You shall pay the fees set forth for the Service Subscription purchased by You in accordance with the Plans and Pricing Policy. Unless otherwise stated, all fees are quoted in U.S. Dollars. fullvisitor may change its Plans and Pricing Policy and the fees for its Services from time to time in accordance with Section 15 below. fullvisitor will bill You and You agree to pay for (i) the non-refundable monthly or annual fee, as applicable, in advance for the monthly or annual Service Subscription purchased by You, and (ii) the transaction fees and all other fees designated in the Plans and Pricing Policy and/or pursuant to work orders entered into by You and fullvisitor, in each case in accordance with the payment terms specified in the Plans and Pricing Policy or such work order, as the case may be. Unless a different payment method is agreed in writing between You and fullvisitor, fullvisitor will debit all fees payable by You to fullvisitor directly from the credit card account designated by You in Your account information with Us to receive the Services under the Service Subscription purchased by You and to use the Software in accordance with Section 4 above. The terms applicable to the payment method shall be between You and Your credit card company. If we suspend a portion of Your Services due to a violation by You of this Agreement or any Additional Terms, or any applicable laws or regulations, You will remain responsible for the payment of all applicable fees. All fees hereunder exclude all applicable sales, use, and other taxes and government charges, whether federal, state or foreign, and You will be responsible for payment of all such taxes (other than taxes based on Inspectlet’s income), fees, duties, and charges, and any related penalties and interest, arising from the payment thereof hereunder or from Your access to or receipt of the Services or Software license hereunder. Notwithstanding early termination of any given Service Subscription, You agree that You shall be responsible for paying the fees for the entire duration of the Service Subscription You ordered. Any and all amounts paid by you towards a Service Subscription are non-refundable notwithstanding early termination of such Service Subscription.
6. Your Content
We agree that You retain ownership of all information and content You provide on Your website (“Your Content”) in connection with your use of the Services. During the period that fullvisitor provides Services to You, You hereby grant to fullvisitor, its affiliates and service providers a non-exclusive, revocable, non-sublicenseable, royalty-free, worldwide license, under all of Your applicable intellectual property rights, to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that Your Content works better with Our Services), distribute such Content for purposes of providing the Services to You, or improving and promoting our Services and developing new ones. This license shall terminate if You stop using the Services.
8. Representations and Warranties.
You represent and warrant with respect to Your Content that: (i) You have all the rights necessary to grant the licenses granted herein to fullvisitor in and to Your Content; (ii) Your Content will not infringe or misappropriate any third party’s intellectual property or proprietary rights; (iii) violate any law, statute, ordinance or regulation; (iv) be defamatory, trade libelous, unlawfully threatening or harassing, or advocating, promoting or providing assistance involving violence, significant risk of death or injury, or other unlawful activities; (v) be obscene or contain child pornography; or (vi) You will use commercially reasonable endeavors to ensure Content does not contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. In addition, You represent and warrant that Your use of the Services to collect or attempt to collect personally identifiable information of any person does not violate or breach any implicit or explicit agreement between You and such person or any implicit or explicit representation or warranty made by You to such person. You further represent and warrant that You will not use the Services to collect Personal Information from anyone You know or have reason to believe is under the age of 13. You shall not sublease Your account or other access to Your account to third parties; or engage in activities that may create liability for fullvisitor, or its affiliates or service providers, or expose them to undue risk. Your failure to comply with the covenants set forth in this section will amount to a breach of this Agreement and is cause for immediate suspension and/or termination by fullvisitor of the Services with or without notice to You.
You agree to indemnify and hold fullvisitor, its affiliates, suppliers, and service providers, and each of their respective officers, directors, agents, and employees (“Indemnified Parties”), harmless from any and all losses, costs, liabilities, damages or expenses (including attorneys’ and expert witnesses’ fees) incurred by any party in connection with or arising from: (a) any breach of the representations or warranties in Section 8 of this Agreement, (b) Your Content, (c) Your use of the Services, or (d) claims made by any party based on Your breach of this Agreement or the Additional Terms.
You are invited to send Us any feedback or suggestions regarding the Site, Site Content, or Services (collectively, “Feedback”), provided that fullvisitor alone will own all right, title and interest, including all related intellectual property rights, in and to all Feedback and you hereby assign such Feedback to fullvisitor free of charge. In the event such assignment is deemed to be legally unenforceable, You hereby grant fullvisitor a worldwide, perpetual, irrevocable, exclusive, freely-transferable, fully paid, and royalty free license for fullvisitor to reproduce, modify, create derivative works from, distribute and otherwise use and exploit in any manner and for any purpose any and all Feedback. If You do not want fullvisitor to own or use Feedback, do not provide Feedback to fullvisitor.
11. Third Party Links.
The Site may contain links to other websites operated by third parties. Such third party websites are not under the control of fullvisitor and fullvisitor is not responsible for the content of any third party website or any link contained in a third party website. fullvisitor provides these links only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to third party websites. If You decide to access any of the third party websites linked to the Site, You do this entirely at Your own risk. Third party websites are subject to their own terms and policies, including privacy and data gathering practices. fullvisitor MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO ANY THIRD PARTY WEBSITE LINKED TO THE SITE INCLUDING ANY WARRANTIES OF THE ACCURACY, OWNERSHIP, VALIDITY, OR LEGALITY OR ANY CONTENT OF A LINKED THIRD PARTY SITE.
12. Warranty Disclaimer.
fullvisitor IS PROVIDING THE SITE, SITE CONTENT AND SERVICES ON AN “AS IS” BASIS FOR USE AT YOUR OWN RISK. fullvisitor DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND QUIET ENJOYMENT. fullvisitor DOES NOT WARRANT THAT ANY SITE CONTENT IS ACCURATE, COMPLETE, CURRENT, OR ERROR FREE. fullvisitor DOES NOT WARRANT THAT USE OF THE SITE, SITE CONTENT, OR SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to You.
13. Limitation of Liability
IN NO EVENT SHALL fullvisitor BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE, SITE CONTENT, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOST USE, LOST DATA, OR LOST PROFITS, WHETHER OR NOT fullvisitor HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ON ANY THEORY OF LIABILITY. IN NO EVENT SHALL INSPECTLET’ TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THIS AGREEMENT (INCLUDING ANY ADDITIONAL TERMS), THE SITE, SITE CONTENT, OR SERVICES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED FIFTY DOLLARS ($50), OR IF YOU HAVE PURCHASED SERVICES FROM fullvisitor, THE SUBSCRIPTION FEE PAID BY YOU FOR SUCH SERVICES LIMITED TO THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THE FIRST CLAIM GIVING RISE TO SUCH LIABILITY AROSE. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ALTER THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION. Some jurisdictions do not allow the limitation of liability, so the foregoing limitation may not apply to You.
14. Suspension and Termination
(a) Suspension. At the discretion of fullvisitor and for any reason set forth in this Section 14 fullvisitor may suspend Your account by deactivating any access by You (and if You are a Vendor, by Your customers) to any information or data contained on the Services or related to Your account while maintaining such information and data on servers operated by or on behalf of Us. In the event of any such suspension, You will be notified and given an opportunity to correct any breach of this Agreement or any Additional Terms. If such breach is not corrected within ten (10) days of the receipt of such notice Your account (and if You are a Vendor, Your customers’ access to the Services provided in connection with Your account) may be terminated under Section 14(b) of this Agreement. Fees under this Agreement will continue to accrue on suspended accounts as if they were not suspended. You will remain responsible for the payment of any such fees during any such period of suspension.
(b) Termination. This Agreement and the Additional Terms shall remain in full force and effect until it is terminated in accordance with the terms of this Agreement. This Agreement may be terminated either by fullvisitor (i) immediately as provided in this Agreement, (ii) after a period of suspension as set forth in Section 14(a) of this Agreement, or (iii) upon thirty (30) days written notice for any reason. You may terminate this Agreement within twenty-four hours’ following Your written notice to email@example.com marked as follows: “Attention: Termination of Account”.
(c) Rights upon Termination. In the event of termination for any reason, the licenses granted to You under this Agreement shall automatically and immediately cease and You shall destroy all copies of the Software in Your possession, if any. Upon termination, there will be no refund provided to You except as otherwise set forth (if at all) in the Plans and Pricing Policy and all outstanding fees owed by You shall become immediately due and payable. Termination shall not affect the rights of fullvisitor to recover from You losses, damages, indemnity, defense costs, expert costs, collection costs and/or attorneys’ fees or expert witnesses’ cost or other costs of any kind under this Agreement. The following Sections will survive any termination of Your account or this Agreement: Sections 1, 5 (with respect to any fees payable as of the date of termination), 8, 9, 10, 11, 12, 13, 14(c), 15, 18 and 19.
15. Changes to Terms.
This Agreement, including any Additional Terms, are subject to occasional revision, and if We make any substantial changes, We will notify You by sending You an e-mail to the last e-mail address You provided (if fullvisitor has such e-mail address in its records) or by posting notice of the changes on the Site. Any changes to this Agreement, including any Additional Terms, will be effective upon the earlier of thirty (30) calendar days following Inspectlet’s dispatch of an e-mail notice to You or thirty (30) calendar days following Inspectlet’s posting of notice of the changes on the Site. These changes will be effective immediately for new users of the Site, Site Content, or Services. Continued use of the Site, Site Content, or Services following notice of such changes shall indicate Your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. If You object to any change, Your sole recourse shall be to immediately terminate Your account and cease using the Site, Site Content, and Services. You should periodically visit this page and the pages at the URL referenced in Section 1 above relating to the Additional Terms to examine the then current Agreement and Additional Terms.
fullvisitor reserves the right, at any time, to modify the Site, Site Content, or any part thereof or Services, or to modify, suspend, or discontinue the Site, Site Content, or Services, or any part thereof with or without notice. You agree that fullvisitor will not be liable to You or to any third party for any modification, suspension, or discontinuance of the Site, Site Content, or Services, or any part thereof.
17. Force Majeure.
Except for the payment of any fees due and payable under this Agreement, neither party’s delay in the performance of any duties or obligations under this Agreement will be considered a breach of this Agreement if such delay is caused by any labor dispute, shortage of materials, fire, earthquake, flood, telecommunications failure, failure of Inspectlet’s cloud service provider, or any other cause beyond a party’s reasonable control.
18. General Provisions.
You and fullvisitor are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. You shall not assign, transfer or delegate this Agreement or any rights or obligations hereunder. Any assignment, transfer or delegation in contravention of the foregoing provision shall be null and void. You agree that this Agreement may be assigned by fullvisitor, in Inspectlet’ sole discretion. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. This Agreement and any action related thereto will be governed, controlled, interpreted, and defined by and under the laws of the State of California, without giving effect to any conflicts of laws principles that require the application of the law of a different state or jurisdiction. By using the Site, Site Content or Services, You hereby expressly consent to the personal jurisdiction and venue in the state and federal courts for Santa Clara County, California for any lawsuit filed there against You by fullvisitor arising from or related to this Agreement. This Agreement (which includes the Additional Terms) constitutes the entire agreement between You and fullvisitor regarding the use of the Site, Site Content, and Services.
If You have any questions about this Agreement or any Additional Terms, please contact Us by e-mail at firstname.lastname@example.org, marking the message “Attention: Terms.”
If You reside outside the United States, You understand that Your Personal Information may be processed in countries (including the United States) where laws regarding processing personal information may be less stringent than in Your country.
2. Information Collection and Use.
fullvisitor collects Personal Information and Anonymous Information, as described below. We use information that We collect to create Your account, fulfill Your requests, improve Our Site and Services, contact You, conduct research, create reports for internal use, and in the manners described below.
(a) Collection by fullvisitor. Some specific types of information, which may include Personal Information, that fullvisitor may collect and use (directly or through third party service providers) includes the following:
(i) Registration Information. When You register for the Services, We will ask You to create a user ID and may ask for information such as Your name, email address, phone number, company name, company website URL, company phone number, and company address. We may use the Personal Information You submit during the registration process to send You Services-related communications. We may also use such Personal Information to send You electronic newsletters or promotional e-mails, unless You have requested not to receive such promotional communications from Us as described below.
(ii) Location Information. We may collect and store information about Your location if You enable Your computer or mobile device to send us location information. You may be able to change the settings on Your computer or mobile device to prevent it from providing us with such information.
(iii) Payment Information. When You pay for any Services, We collect Your name, billing address, and complete credit card information that enables Us to receive Your payment. Our payment processing service provider may also retain this information to enable You to continue purchasing the Service Subscription and any upgrades or additional Services without having to re-enter it each time.
(iv) Feedback; Communications. If You provide Us Feedback or contact Us via e-mail or participate in Our polling activities, We will collect Your name and e-mail address, any information requested in our Feedback or polling forms, as well as any other content included in the e-mail or Feedback and polling forms you send to us. Any Feedback You provide will be governed by the Terms of Service. We may use Personal Information submitted in Your communications to contact and respond to You and otherwise in the same manner as described above for registration information.
(v) Log File Information. When You register with or view Our Site, Our servers collect information such as Your web request, IP address, browser type, referring / exit pages and URLs, number of clicks, domain names, landing pages, pages viewed, and other browsing information. This information is used to improve the Site and Services.
(vii) Clear Gifs. When You register with or view Our Site, We may employ clear gifs, also known as web beacons, which are used to track Your online usage patterns. No Personal Information from Your fullvisitor account is collected using clear gifs. In addition, We may also use clear gifs in HTML-based emails sent to You to track which emails are opened by You.
3. Information Sharing and Disclosure.
fullvisitor does not rent, sell, or share Personal Information about You with other persons or entities, except with Your permission, as described above, or under the following circumstances:
(b) Service Providers. We may provide Your information to third party service providers who work on behalf of fullvisitor and need the information to perform services for Us. These third party service providers are required not to use Your Personal Information other than to provide the services requested by fullvisitor.
(c) Payment Processors. We may provide Your credit card and related billing and payment information to third party service providers engaged on Inspectlet’ behalf, including payment processors and/or credit agencies, for the purposes of checking credit, effecting payment, and servicing Your account.
(g) Anonymous Information. We may create Anonymous Information records from Personal Information by excluding information (such as Your name) that make the data personally identifiable to You. We reserve the right to use and disclose Anonymous Information at Our discretion.
(a) Opting Out. We may periodically send You free newsletters and e-mails that directly promote the use of Our Site and Services. When You receive newsletters or promotional communications from Us, You may indicate a preference to stop receiving further communications from Us and You will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the e-mail You receive or by contacting Us at email@example.com.
(c) Changes and Deletion of Your Data. You may change some but not all of Your Personal Information in Your account by editing Your profile within Your account. You may contact fullvisitor at any time at firstname.lastname@example.org if You would like fullvisitor to delete Your account and any associated data (other than Anonymous Data). Please note that We may be required to keep certain of Your information and not delete it (or to keep this information for a certain time, in which case We will comply with Your deletion request only after We have fulfilled such requirements). When We delete any information, it will be deleted from the active database, but may remain in Our archives.
We make reasonable efforts to protect Your Personal information, but no company, including fullvisitor, can fully eliminate security risks connected to handling information on the Internet. For example, Your Personal Information may be affected by actions outside of Our control, such as computer “hacking” and physical theft. You acknowledge that You provide Your Personal Information at Your own risk.
6. Regarding Children.
We do not intentionally gather Personal Information about users who are under the age of 13.
7. Third Party Websites, Products, Services, Content, and Links.
Last Updated: Jan 28, 2020