Our Terms of Use
Our commitment to fair and transparent service. These terms govern all use of our website and services.
1. Introduction
Welcome to Visser Analytics. These Terms of Use govern your use of our website located at visseranalytics.com (the "Website") and the services we provide ("Services").
By accessing our Website or using our Services, you agree to be bound by these Terms of Use and our Privacy Policy. If you disagree with any part of these terms, you may not access the Website or use our Services.
2. Definitions
"Client" refers to any individual or entity that purchases or receives Services from Visser Analytics.
"Content" refers to all information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials that are posted, generated, provided or otherwise made available through the Services.
"Visser Analytics", "we", "us", or "our" refers to Visser Analytics, a Minnesota-based digital services company.
"You" or "your" refers to the user or viewer of our Website or recipient of our Services.
3. Use of Services
Our Services are available only to individuals who can form legally binding contracts under applicable law. If you are under 18, you may use our Website only with the involvement and permission of a parent or guardian.
You agree to use the Website and Services only for purposes that are legal, proper, and in accordance with these Terms of Use and any applicable laws or regulations.
You agree not to use our Website or Services to:
- Violate any local, state, national, or international law or regulation.
- Infringe upon or violate our intellectual property rights or the intellectual property rights of others.
- Transmit any material that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable.
- Distribute viruses or any other technologies that may harm Visser Analytics or the interests or property of users.
- Interfere with or disrupt the integrity or performance of the Website or Services.
4. Service Terms
We provide custom website development, website hosting, digital marketing, and related services as outlined on our Website. Each Service may have specific terms and conditions that will be communicated to you before engagement.
All Services are subject to availability, and we reserve the right to refuse service to anyone for any reason at any time.
We may modify or discontinue any Service or part thereof with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of a Service.
5. Payment Terms
Fees for our Services are outlined in individual proposals or on our Website. Payment terms, including timing and method of payment, will be specified in your service agreement or invoice.
Unless otherwise stated, all fees are quoted in U.S. Dollars and are exclusive of applicable taxes, which will be charged additionally where required by law.
We reserve the right to change our prices at any time. Such changes will not affect any services that have already been contracted.
Late payments may incur penalty fees and/or interest as specified in your service agreement. We reserve the right to suspend Services for accounts with outstanding balances until payment is received.
6. Intellectual Property
The Website and its original content, features, and functionality are owned by Visser Analytics and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Upon full payment of all applicable fees, Clients are granted ownership rights to the deliverables as specified in their individual service agreements. However, Visser Analytics retains ownership of pre-existing materials, tools, techniques, and expertise used in the creation of deliverables.
We reserve the right to display and link to your completed project as part of our portfolio and to write about the project on websites, in articles, and in books about web design.
7. Content and Client Materials
You are responsible for ensuring that any materials you provide to us for use in your project do not infringe on the intellectual property rights of any third party or violate any applicable laws or regulations.
We reserve the right to refuse any material that we deem inappropriate or that might constitute a violation of these Terms of Use or applicable laws.
If you provide us with content that is already published, you must have permission to use this content. This includes images, text, and any other content owned by a third party.
8. User Accounts
Some features of our Services may require you to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
You are solely responsible for safeguarding your password and for all activity that occurs on your account. You agree to notify us immediately of any unauthorized use of your account.
We reserve the right to terminate accounts or suspend access if we suspect any unauthorized or fraudulent activity.
9. Limitation of Liability
In no event shall Visser Analytics, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:
- Your access to or use of or inability to access or use the Services.
- Any conduct or content of any third party on the Services.
- Any content obtained from the Services.
- Unauthorized access, use, or alteration of your transmissions or content.
The limitations of liability set forth above shall apply to the fullest extent permitted by law in the applicable jurisdiction.
10. Indemnification
You agree to defend, indemnify, and hold harmless Visser Analytics, its parent, subsidiaries, affiliates, and all of its respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of:
- Your use of the Services.
- Your breach of these Terms of Use.
- Any material you contribute to our Website.
- Your violation of the rights of a third party, including but not limited to intellectual property rights.
- Any harmful act toward any other user of the Services with whom you connected via the Services.
11. Disclaimer
Your use of the Services is at your sole risk. The Services are provided on an "AS IS" and "AS AVAILABLE" basis. The Services are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.
Visser Analytics, its subsidiaries, affiliates, and licensors do not warrant that:
- The Services will function uninterrupted, secure, or available at any particular time or location.
- Any errors or defects will be corrected.
- The Services are free of viruses or other harmful components.
- The results of using the Services will meet your requirements.
12. Termination
We may terminate or suspend your access to our Services immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Procedures for terminating specific services, such as website hosting, will be provided in your service agreement.
13. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will provide notice of changes by posting the updated terms on this page. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Services.
14. Governing Law
These Terms shall be governed and construed in accordance with the laws of the State of Minnesota, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
15. Contact Information
If you have any questions about these Terms of Use, please contact us: