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An Arizona-Based
Company
We provide Virtual Tour
Photography in AZ using
Photographers in Arizona.
We service Phoenix,
Scottsdale, Paradise Valley,
Cave Creek, Tempe, Mesa,
Chandler, Gilbert, Queen
Creek, Apache Junction,
Globe, Superior, Miami,
Florence, Foutain Hills,
Sun Lakes, Casa Grande,
Glendale, Peoria, Surprise,
Goodyear, Buckeye, Laveen,
Avondale, Maricopa,
Tucson,
Sierra Vista,
Green Valley,
Payson,
Snowflake,
Camp Verde,
Prescott,
Flagstaff,
Show Low,
Pinetop,
Lakeside,
Lake Havasu, and
Kingman.
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1. Acceptance of Terms
By accepting Vision Marketing Systems, LLC. (Vision Marketing) Terms of Service (TOS) electronically or in writing, and/or by using Vision Marketing , including but not limited to, submission of content to Vision Marketing with payment or authorization of payment, you (Client) agree to be bound by the following terms and conditions. Client also agrees that Client’s electronic acceptance of this TOS shall have the same force and effect as if Client had agreed to this TOS in writing.
Vision Marketing provides its services to Client subject to the following TOS, which may be updated from time to time without notice. Failure to comply with the TOS may result in account termination. By using Vision Marketing services Client agrees to (and hereby signs) the most current version of the TOS. If Client does not expressly reject the TOS and cancel Client’s account within 5 days from the date of initial sale, Client agrees to (and hereby signs) the TOS and Vision Marketing is instructed to commence work on the Client’s project as if Client had expressly accepted the TOS.
Client’s acceptance of the TOS is binding upon all Vision Marketing services including the purchase of additional services at a later date.
2. Description of Service
Vision Marketing Produces Virtual Tours and Slideshows and markets them via the internet. Client understands that Vision Marketing services may include certain communications from Vision Marketing such as advertisements, notices, service announcements and newsletters. Client is responsible for obtaining access to Vision Marketing services that may involve 3rd party fees (including but not limited to, ISP, merchant accounts and gateways). Client is also responsible for all equipment and software necessary to access Vision Marketing services.
3. Electronic Delivery Policy
Vision Marketing is a website-related business and communicates with its Clients electronically. When Client accepts this TOS Client consents to receive electronically from Vision Marketing any notices, agreements, disclosures, or other communications (Notices). Client agrees that Vision Marketing may send electronic Notices in the following way: 1) To the email address provided to Vision Marketing at the time of sale. Client agrees to check the designated email addresses regularly for Notices. Notice is effective when sent by Vision Marketing, regardless of whether the Notice is read or received by Client.
4. Privacy Policy
Effective Date: 03/01/2010
Our Commitment To Privacy:
Your privacy is important to Vision Marketing. To better protect our your privacy we provide this notice explaining how Vision Marketing treats personal information that Vision Marketing collects and receives. To make this notice easy to find, we make it available on our homepage and at every point where personally identifiable information may be requested.
The Information We Collect:
This notice applies to personal information collected or submitted on Vision Marketing websites that is not otherwise publicly available.
On some of our web pages Clients can order products and make requests. The types of personal information collected from these pages include, but is not be limited to:
Name
Address
Email Address
Phone Number
IP Address
Upon purchasing Vision Marketing products or services we may collect additional personal information including, but not limited to:
Credit Card number
Account Number
Bank Account Information
Any combination of personal information that could be used to determine identity
The Way We Use Information:
We use the information the Client provides when placing an order to complete that order and to provide the services requested.
We use return email addresses to answer the email we receive. We use email addresses provided as personally identifiable information to communicate with you regarding your account.
Tracking and Cookies
Our web pages may utilize “cookies” and other tracking technology to enhance your online experiences and to learn about the way you use Vision Marketing services in order to improve the quality of Vision Marketing services. Most browsers allow you to control cookies, including whether or not to accept them and how to remove them.
Vision Marketing Servers automatically record information when you visit our websites or use Vision Marketing products or services, accept our TOS, or submit content, including the URL, IP address, browser software, operating system types, clickstream patterns and the date and time.
Third Parties
We reserve the right to send you certain communications regarding Vision Marketing Services, and some third party services, related to your Vision Marketing Account, without offering you the opportunity to opt out.
When we use third parties to assist us with your account services we require that they comply with our privacy policy and confidentiality and security measures.
Information Sharing
We may share information with third parties in limited circumstances including if required to do so by law or in a good faith belief that such disclosure is reasonably necessary to comply with legal processes or governmental requests, enforce the TOS, provide customer service, protect the rights, property or safety of HWS and the public, or to prevent, detect or otherwise address fraud, illegal activities, security or technical issues.
We do not share the personally identifiable information provided to us in ways unrelated to our services or as otherwise described above without also providing you with an opportunity for opt-in consent.
We may use non-identifying and aggregate information to better design our website and to share with advertisers. For example, we may tell an advertiser that X number of individuals visited a certain area on our website, or that Y number of men and Z number of women filled out our registration form, but we do not disclose anything that could be used to identify those individuals.
Our Commitment to Data Security:
To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure your personal information. We restrict access to personal information to those with the need to know that information in order to provide services.
Our Commitment to Children’s Privacy:
Protecting the privacy of the very young is especially important. For that reason, Vision Marketing does not collect or maintain information form those we actually know are under 13, and no part of Vision Marketing websites, products or services are structured to attract anyone under 13.
Accessing and Updating Personal Information:
When contacting Vision Marketing we make a good faith effort to provide Clients with access to Clients personal information and either to update it or delete it, if it is not otherwise required to be retained by law or for legitimate business purpose. We ask individual users to identify themselves and the information to be accessed, updated or removed before processing such requests, and we may decline to process requests that are unreasonable, or require disproportionate technical effort.
Changes:
This Privacy Policy may change from time to time. Changes may be posted on this page or if the changes are significant we may provide email notification of Policy changes. Each version of this Policy will include an effective date and we will also keep prior versions of this Privacy Policy available.
5. Unacceptable Practices
As a Vision Marketing Client, you agree to conduct your business in a legal and professional manner. Client understands that all information, data, text, software, music, sound, photographs, video, messages and other material (Content) on Client’s website is the sole responsibility of the Client. Client is fully responsible for all website content and agrees to hold harmless Vision Marketing in the event of third parties’ legal issues brought against Client for Client’s business practices. Vision Marketing retains the right to terminate any accounts that are in violation with the letter or spirit of this TOS. Vision Marketing may also at its sole discretion and at any time, discontinue providing services, or any part thereof, with or without notice. If an account is terminated Vision Marketing for a TOS violation the Client is not eligible for a full refund and any refund is subject to the Cancellation Fee and Refund Policy.
6. Intellectual Property Policy
Vision Marketing will not use copyrighted or trademarked materials on any Client’s website without the express written consent of the copyright or trademark owner. It is Client’s responsibility to ensure that all content submitted to Vision Marketing is original content and free from third-party copyright or trademark protection, or to obtain permission to use from the copyright or trademark owner. Client assumes full liability for any copyright or trademark infringement of Client’s website on any third-party copyright or trademark, including, but not limited to, any infringement due to website content, website design or the look and feel of Client’s website.
7. International Use
Recognizing the global nature of the internet, Client agrees to comply with all local rules regarding online conduct and acceptable content. Specifically, Client agrees to comply with a) all laws and regulations regarding the transmission of technical data exported from the United States, or the country in which Client resides and/or transacts business, and b) all laws and regulations regarding the collection and processing of personal data, including those relating to the transborder transfer of personal data .
8. Interstate Communications
Client acknowledges that by using Vision Marketing services Client will be causing communications to be sent through Vision Marketing computer networks, which may be located throughout the United States. Due to the nature of electronic communications, even communications that seem to be intrastate can result in the transmission of interstate communications. Client acknowledges that use of Vision Marketing services results in interstate data transmissions and may result in transborder transfer of personal data. Client hereby consents to the collection, processing and transborder transfer of such personal information as Client may provide or make available to Vision Marketing.
9. Client Approval
Client is responsible for approval of virtual tours or slideshows and will receive an email link to the products once the project is complete.
The Client understands and agrees that if the Client does not respond within 5 business days to Vision Marketing’s request for approval, the product will be deemed to be approved by the Client, and the tour will be taken live “as-is”.
10. Customer Service
Vision Marketing strives to offer the best service available. Customer service complaints or concerns should be emailed to info@visionmarketingtours.com
11. Billing Policy
All services provided by Vision Marketing are due and payable 100% in advance.
Vision Marketing reserves the right to change prices at any time
Vision Marketing accepts payment via check, credit card and EFT debit from Client’s bank account. Upon Client’s authorization of payment to Vision Marketing via credit card, or EFT debit payment, Client thereby authorizes all recurring monthly services fees to be charged to the same method of payment, credit card or EFT account for future charges until such authorization is withdrawn by Client in writing.
The Client may change payment methods including credit card and EFT debit payments with 30 days notice. To change payment methods Client should contact Vision Marketing’s billing department. Client should not email new billing information for security purposes.
12. Billing Disputes
Vision Marketing charges up to a $25.00 fee for returned checks and a $200.00 fee to handle unauthorized credit card disputes
If Client wishes to dispute a charge Client must first contact Vision Marketing’s billing department and must allow 10 business days for a response.
Requests may be emailed to info@visionmarketingtours.com.
If Client initiates a credit card dispute the decision of the credit card company is made through an arbitration process and the decision of the credit card company shall be binding upon Client.
13. Termination/Cancellation of Services
Client has the right to cancel placement of any virtual tour or slideshow provided by Vision Marketing. Client will be responsible for removing any virtual tour or slideshow that has been placed on any website and must inform Vision Marketing via email at least 24 hours before removal.
14. Refund Policy
No refund will be made of any monies once photos are taken and the tours produced. Client is entitled to a full refund if no work as been done in the field or in production. All effort will be made by Vision Marketing to produce a high quality product as demonstrated on the company website: www.visionmarketingtours.com. A credit towards the purchase of a future tour may be extended in lieu of any refund.
15. Use of Client Information
Client herby gives permission to Vision Marketing to use samples or links to Client’s product for marketing and advertising purposes, including but not limited to, use in Vision Marketing’s online portfolio.
16. Disclaimer of Warranties
CLIENT’S USE OF Vision Marketing SERVICES IS AT CLIENT’S OWN RISK. Vision Marketing SERVICES ARE PROVIDED “AS IS”. Vision Marketing DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. Vision Marketing DISCLAIMS ANY WARRANTIES REGARDING Vision Marketing SERVICES INCLUDING THAT THEY WILL MEET CLIENT’S REQUIREMENTS, THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. Vision Marketing DISCLAIMS ANY WARRANTIES REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF Vision Marketing SERVICES, INCLUDING RESULTING SALES AND WEB TRAFFIC. Vision Marketing DISCLAIMS ANY WARRANTIES REGARDING THE MARKETING OF CLIENT’S PRODUCTS, SERVICES, SALES, OR WEBSITE. Vision Marketing DISCLAIMS ANY WARRANTIES REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED, ADVERTISED OR OBTAINED THROUGH Vision Marketing SERVICES, OR LINKS PROVIDED BY Vision Marketing SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE PROVIDED BY Vision Marketing OBTAINED THROUGH LINKS PROVIDED THROUGH Vision Marketing SERVICES.
CLIENT UNDERSTANDS AND AGREES THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF Vision Marketing SERVICES ARE DONE AT CLIENT’S OWN RISK AND THAT CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO CLIENT’S COMPUTER SYSTEM OR LOSS OF DATA OR OTHER LIABILITY THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. THE ABOVE EXCLUSIONS MAY NOT APPLY TO CLIENT.
17. Limitation of Liability
CLIENT UNDERSTANDS AND AGREES THAT Vision Marketing, IT’S SUBSIDIARIES, AFFILIATES, OFFICERS, AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, (EVEN if Vision Marketing HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM THE USE OF OR INABILITY TO USE Vision Marketing SERVICES, RELIANCE ON Vision Marketing SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF Vision Marketing SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES.) THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM PRODUCTS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED THROUGH Vision Marketing SERVICES OR FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF CLIENT’S DATA OR TRANSMISSIONS AND ANY STATEMENTS OR CONDUCT OF A THIRD PARTY OR ANY OTHER MATTERS RELATING TO Vision Marketing SERVICES. SUCH LIMITATION SHALL FURTHER APPLY, WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED IN ANY WAY TO Vision Marketing SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO CLIENT.
Without limiting the foregoing, under no circumstance shall Vision Marketing be liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, or other casualties, illness, accidents, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non performance of third parties, or loss of or fluctuations in heat, light or air conditioning. Vision Marketing full and complete liability, for any reason whatsoever, shall be limited to the full refund of all monies paid to Vision Marketing.
18. Tort Claims
Client waives all tort claims against Vision Marketing, its subsidiaries, affiliates, officers, employees and agents. The relationship between the parties is contractual in nature only. Client waives any tort claims that arise by act, or omission.
19. Indemnification
Client agrees to defend, indemnify and hold harmless Vision Marketing, its directors, officers, employees and agents
from and against all claims and expenses, including attorneys’ fees that may arise or result from any content Client submits, posts, transmits or makes available through Vision Marketing services, from any product sold by Client, its agents or employees or assigns, from any service provided or performed or agreed to be performed by Vision Marketing or from Client’s breach or violation of the TOS, including any obligation, representation, or warranty made herein , or Client’s violation of any rights of another. Client further agrees to defend, indemnify and hold harmless Vision Marketing, its directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising from or related to contracts, representations, agreements, promises, etc, made between Client and third parties, or arising from or related to Client’s negligence toward third parties.
20. Notice
Unless otherwise specifically provided, all notices required or permitted by this Agreement shall be in writing and in English and may be delivered personally, or may be sent by email: info@visionmarketingtours.com
21. Contact Vision Marketing
Client may contact Vision Marketing at 480-532-5044 M-F from 8:00 – 5:00 Arizona Time. Client may visit our website at www.visionmarketingtours.com at any time. Client may also email Vision Marketing at the following department email address:
info@visionmarketingtours.com
22. Jurisdiction
This agreement shall be governed exclusively by the laws of the State of Arizona, USA, without regard to any conflicts of laws provisions thereof, as a contract entered into and performed entirely within the State of Arizona. The parties herby expressly disclaim the application of the United Nations Convention on the International Sale of Goods. Any disputes between the parties relating to the subject of this agreement shall be submitted exclusively to the jurisdiction of the state or federal courts located in the State of Arizona, Counties of Arizona, and the parties expressly consent to personal jurisdiction and venue therein and waive any objection based on forum non conveniens or otherwise.
23. Arbitration
Notwithstanding the foregoing, in lieu of litigation, arbitration may be used as a means of resolving disputes. Arbitration would be through a neutral third-party arbitrator to be approved by both Client and Vision Marketing. If any court sitting outside the United States determines that the litigation forum or arbitration provisions of this agreement are invalid, then and only then, the parties agree to settle any dispute through binding arbitration by three arbitrators, in the English language, under the commercial arbitration rules of the International Chamber of Commerce, with the location of the arbitration to be in a neutral jurisdiction (not the country of residence of the Client or of Vision Marketing) as selected by Vision Marketing.
24. Electronic Signatures
Selecting and submitting “accept” on the electronic copy of the TOS, submitting content through the ODP, making payment, or submitting information or documents to Vision Marketing so that Vision Marketing may perform services for the client, the same shall constitute an electronic signature .
25. General Information
This Agreement constitutes the entire understanding and contract between the parties and supersedes any and all prior oral or written agreements (including, but not limited to, any prior versions of the TOS). Any modifications to this agreement must be in writing and signed by an authorized officer of Vision Marketing. All representations not in writing are null and void. Written agreements may include, but are not limited to, emails and electronic acceptance of this Terms of Service.
Client agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of Vision Marketing services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect
Physical Address:
1952 W. Bartlett Ct.
Chandler, AZ 85248
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