Visitor Pro℠ Terms of Use

Please Read Carefully Before Using This App/Website:

Fire Pixel, Inc. (“Fire Pixel”) maintains this site for information and communication purposes.  The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of the Visitor Pro℠ mobile app and its platform (the “App” or “Website” or “Site”), including any content, functionality, and services offered on or through the App/Website, whether as a guest or a registered user.  By using the App/Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://visitorpro.com/privacy-policy/, incorporated herein by reference.  If you do not accept these Terms of Use or you do not meet or comply with their provisions, you may not use the App/Website.

This App/Website is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions.  By using this App/Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the App/Website.

A. TERMS APPLICABLE TO ALL USERS

1.         Overview

YOUR USE OF THIS WEBSITE IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTING AND AGREEING TO THESE TERMS OF USE.

For users who are not registered with this App/Website, your use of the App/Website will be deemed to be acceptance of these Terms of Use, Section A.

For users who wish to purchase our services or are registered with the App/Website, your use of the App/Website shall be subject to (i) certain designated terms (see Section B below) in addition to those terms applicable to all users and (ii) shall be further conditioned on your clicking the “I HAVE READ AND AGREE TO THE WEBSITE TERMS AND CONDITIONS” button at the checkout screen.

IF THESE TERMS OF USE ARE NOT COMPLETELY ACCEPTABLE TO YOU, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THE APP/WEBSITE.

2.         Scope of Use and User E-Mail

You may use the App/Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the App/Website:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
  • To impersonate or attempt to impersonate Fire Pixel, a Fire Pixel employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the App/Website, or which, as determined by us, may harm Fire Pixel or users of the App/Website, or expose them to liability.

Additionally, you agree not to:

  • Use the App/Website in any manner that could disable, overburden, damage, or impair the App/Website or interfere with any other party’s use of the App/Website, including their ability to engage in real time activities through the App/Website.
  • Use any robot, spider, or other automatic device, process, or means to access the App/Website for any purpose, including monitoring or copying any of the material on the App/Website.
  • Use any manual process to monitor or copy any of the material on the App/Website, or for any other purpose not expressly authorized in these Terms of Use, without Fire Pixel’s prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the App/Website.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the App/Website, the server on which the App/Website is stored, or any server, computer, or database connected to the App/Website.
  • Attack the App/Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the App/Website.

Inquiries regarding a commercial relationship with Fire Pixel should be directed to: support@firepixel.com.

E-mail submissions over the Internet may not be secure and are subject to the risk of interception by third parties. Please consider this fact before e-mailing any information. Also, please consult our Privacy Policy https://visitorpro.com/privacy-policy/. You agree not to submit or transmit any e-mails or materials through the App/Website that: (i) are defamatory, threatening, obscene or harassing; (ii) contain a virus, worm, Trojan horse or any other harmful component; (iii) incorporate copyrighted or other proprietary material of any third party without that party’s permission; or (iv) otherwise violate any applicable laws. Fire Pixel shall not be subject to any obligations of confidentiality regarding any information or materials that you submit online except as specified in these Terms of Use or in our Privacy Policy, or as set forth in any additional terms and conditions relating to specific products or services, or as otherwise specifically agreed or required by law.

The Fire Pixel and Visitor Pro℠ name, the terms, logos, and all related names, logos, product and service names, designs, and slogans are trademarks of Fire Pixel or its affiliates or licensors. You must not use such marks without the prior written permission of Fire Pixel. All other names, logos, product and service names, designs, and slogans on this App/Website are the trademarks of their respective owners.

You are only authorized to view, use, copy for your records and download small portions of the Content (including without limitation text, graphics, software, audio and video files and photos) of this Website (collectively, “Content”) for your informational, non-commercial use, provided that you leave all the copyright notices, including copyright management information, or other proprietary notices intact.

You may not store, modify, reproduce, transmit, reverse engineer or distribute the Content on this App/Website, or the design or layout of the App/Website or individual sections of it, in any form or media. The systematic retrieval of data from the App/Website is also prohibited.

The commercial use, reproduction, transmission or distribution of any information, software or other material available through the App/Website without the prior written consent of Fire Pixel is strictly prohibited.

3.         Links

For your convenience, we may provide links to various other websites that may be of interest to you and for your convenience only.  However, Fire Pixel does not control or endorse such websites and is not responsible for their content nor is it responsible for the accuracy or reliability of any information, data, opinions, advice, or statements contained within such Websites. Please read the terms and conditions or terms of use policies of any other company or website you may link to from our website. These Terms of Use apply only to Fire Pixel’s Website and the products and services Fire Pixel offers.  If you decide to access any of the third-party sites linked to this App/Website, you do so at your own risk. Fire Pixel reserves the right to terminate any link or linking program at any time. Fire Pixel disclaims all warranties, express and implied, as to the accuracy, validity, and legality or otherwise of any materials or information contained on such sites.

You may not link to this App/Website without Fire Pixel’s written permission. If you are interested in linking to this Website, please contact support@firepixel.com.

4.         Our Copyrights and Trademarks

The Content of this App/Website, as well as the organization and layout of this App/Website, are copyrighted and are protected by United States and international copyright laws.  You may access, download and print materials on this Website solely for your personal and non-commercial use; however, any print out of this App/Website, or portions of the App/Website, must include Fire Pixel’s copyright notice.  No right, title or interest in any of the materials contained on this App/Website is transferred to you as a result of accessing, downloading or printing such materials.

Except as is expressly provided under the “Scope of Use” Section above, you may not use, reproduce, modify, transmit, distribute, or publicly display or operate this App/Website without the prior written permission of Fire Pixel. You may not use a part of this App/Website on any other website, without Fire Pixel’s prior written consent.

The Fire Pixel mark and other marks that we use (“Marks”) are protected under U.S. and other international laws.  All of the restrictions relative to our copyrighted materials also apply to our Marks.

Fire Pixel respects the intellectual property rights of others and expects our users to do the same.  The policy of Fire Pixel is to terminate the accounts of repeat copyright offenders and other users who infringe upon the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at support@firepixel.com.

5.         No Warranties

You understand that Fire Pixel cannot and does not guarantee or warrant that files available for downloading from the internet or the App/Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, QUIET ENJOYMENT, SYSTEMS INTEGRATION, ACCURACY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

6.         Limitation of Liability

YOUR USE OF THE CONTENT IS AT YOUR OWN RISK. Fire Pixel SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO, USE OF OR RELIANCE ON THE CONTENT (EVEN IF Fire Pixel HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR THAT ARISE IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS OR FILES, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE APP/WEBSITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE WEBSITE OR THE CONTENT. THIS LIMITATION OF LIABILITY MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY Fire Pixel. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THIS LIMITATION MAY NOT APPLY TO YOU.

7.         Indemnity

You agree to defend, indemnify, and hold Fire Pixel, its officers, directors, employees, agents, licensors, suppliers, AND SERVICE PROVIDERS, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use.

8.         U.S. Resident

You represent that you are a United States resident.

9.         User Submissions and Communications; Public Areas

You acknowledge that you own, are solely responsible for or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity; and that you will indemnify Fire Pixel or its affiliates for all claims resulting from content you supply.

If you make any submission to an area of the App/Website accessed or accessible by the public (“Public Area”) or if you submit any business information, idea, concept or invention to Fire Pixel, you automatically represent and warrant that the owner of such content or intellectual property has expressly granted Fire Pixel a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. Fire Pixel may sublicense its rights through multiple tiers of sublicenses.  If you wish to keep any information, ideas, concepts or inventions private or proprietary, you must not submit them to the Public Areas or to Fire Pixel.

Fire Pixel reserves the right (but is not obligated) to do any or all of the following:

  • Record the dialogue in public chat rooms.
  • Examine an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).
  • Remove communications that are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms of Use.
  • Terminate a user’s access to any or all Public Areas and/or the Fire Pixel App/Website upon any breach of these Terms of Use.
  • Monitor, edit, or disclose any communication in the Public Areas.
  • Edit or delete any communication(s) posted on the App/Website, regardless of whether such communication(s) violate these standards.

Fire Pixel reserves the right to take any action it deems necessary to protect the personal safety of our guests or the public. Fire Pixel has no liability or responsibility to users of the App/Website or any other person or entity for performance or nonperformance of the aforementioned activities.

10.       Jurisdiction

The App/Website is directed to those individuals and entities located in the United States.  It is not directed to any person or entity in any jurisdiction where (by reason of nationality, residence, citizenship or otherwise) the publication or availability of the App/Website and its content, including its products and services, are unavailable or otherwise contrary to local laws or regulations.  If this applies to you, you are not authorized to access or use any of the information on this App/Website. Fire Pixel makes no representation that the information, opinions, advice or other content on the App/Website is appropriate or that its products and services are available outside of the United States. Those who choose to access this App/Website from other locations do so at their own risk and are responsible for compliance with applicable local laws.

11.       Governing Law, Location and Miscellaneous

These Terms of Use shall be governed in all respects by the laws of the State of Wisconsin, United States, without giving effect to any choice or conflict of law provision or rule (whether of the State of Wisconsin or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Wisconsin, in each case located in the City of Green Bay and County of Brown, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

12.       Arbitration

Except as regarding any action seeking equitable relief, including without limitation for the purpose of protecting any Fire Pixel confidential information and/or intellectual property rights, any controversy or claim arising out of or relating to these Terms of Use or this Website shall be settled by binding arbitration in accordance with the commercial arbitration rules, in effect at the time the proceedings begin, of the American Arbitration Association applying Wisconsin law. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be held in Green Bay, Wisconsin, United States.

All information relating to or disclosed by any party in connection with the arbitration of any disputes hereunder shall be treated by the parties, their representatives, and the arbitrator as proprietary business information. Such information shall not be disclosed by any party or their respective representatives without the prior written authorization of the party furnishing such information. Such information shall not be disclosed by the arbitrator without the prior written authorization of all parties. Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings.

Judgment upon the award returned by the arbitrator may be entered in any court having jurisdiction over the parties or their assets or application of enforcement, as the case may be. Any award by the arbitrator shall be the sole and exclusive remedy of the parties. The parties hereby waive all rights to judicial review of the arbitrator’s decision and any award contained therein.

13.       DMCA Copyright Policy and Copyright Agent

Fire Pixel respects the intellectual property rights of others.  If you believe something on this App/Website has infringed your intellectual property rights, please notify our agent at support@firepixel.com and provide the following information:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted work claimed to have been infringed.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled.
  • Address, telephone number, and, if available, an electronic mail address where we may contact you.
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

14.       Separate Agreements

You may have other agreements with Fire Pixel. Those agreements are separate and in addition to these Terms of Use. These Terms of Use do not modify, revise or amend the terms of any other agreements you may have with Fire Pixel.

15.       Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

16.       Changes to Terms

Fire Pixel may, at any time, for any reason and without notice, make changes to (i) this App/Website, including its look, feel, format, and content, as well as (ii) the products and/or services as described in this App/Website.  Any modifications will take effect when posted to the App/Website.  Therefore, each time you access the Website, you need to review the Terms of Use upon which access and use of this App/Website is conditioned.  By your continuing use of the App/Website after changes are posted, you will be deemed to have accepted such changes.

B. ADDITIONAL TERMS APPLICABLE ONLY TO REGISTERED USERS

17.       Accounts and Security

Fire Pixel does not warrant that the functions contained in the service provided by the App/Website will be uninterrupted or error-free, that defects will be corrected or that this service or the server that makes it available will be free of viruses or other harmful components.

As part of the registration process, each user will provide a password and email address and create an account (“Account”).  You shall provide Fire Pixel with accurate, complete, and updated Account information.  Failure to do so constitutes a breach of this Terms of Use, which may result in immediate termination of your Account.

You may not:

  • select or use a login name or email address of another person with the intent to impersonate that person;
  • use a name subject to the rights of any other person without authorization;
  • use a login name or email address that Fire Pixel, in its sole discretion, deems inappropriate or offensive.

You shall notify Fire Pixel of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password.  You shall be responsible for maintaining the confidentiality of your password.

Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Account, at Fire Pixel’s sole discretion, and you may be reported to appropriate law-enforcement agencies.

Contact us: If you would like to request additional information regarding these Terms of Use, please contact us at support@firepixel.com.