Terms of Use

Visible Results Limited and its affiliates ("Visible Results" or "we") provide the content on this Web site (the "Site") subject to the following terms and conditions (the "Terms"). We may periodically change the Terms, so please check back from time to time. These Terms of use were last updated on May 25, 2006. By accessing and using this Site, you agree to these Terms. For an explanation of Visible Results' practices and policies related to the collection, use, and storage of our users' information, please read our Privacy Policy.

1. Copyrights

All content and functionality on the Site, including all text, images, displays, forms, structures and graphics displayed or found within this website (the "Materials") are either the property of, or used with permission by, Visible Results Limited. All rights not expressly granted are reserved. Other rights may be granted to you by Visible Results in writing or incorporated elsewhere in the Website or the Materials. This Website may contain references to other company, brand and product names. These company, brand and product names are used herein for identification purposes only and may be the trademarks of their respective owners. Visible Results makes no representations about them, their owners, or their products or services. Visible Results disclaims any and all responsibility for specifying which marks are owned by which companies or which organizations.

2. Trademarks

The trademarks, service marks, designs, and logos (collectively, the "Trademarks") displayed on the Site are the registered and unregistered Trademarks of Visible Results and its licensors. You agree that you will not refer to or attribute any information to Visible Results or its licensors in any public medium (e.g., press release, Web sites) for advertising or promotion purposes, or for the purpose of informing or influencing any third party and that you will not use, misuse, or reproduce any Trademark of, or imply any endorsement by or relationship with, Visible Results or its licensors.

3. Use of Site Content

Visible Results hereby grants you a non-exclusive, non-transferable license for the term hereof to access and download, display, and print one copy of the content and functionality displayed on the Site (the "Site Content") on any single computer solely for your own personal use only, provided you keep intact all accompanying copyright and other proprietary notices. Modification of any of the materials or use of the materials for any other purpose will be a violation of Visible Results' copyright and other intellectual property rights. You may not otherwise reproduce, modify, distribute, transmit, post, or disclose the Site Content without Visible Results' prior written consent.

4. Submissions

All remarks, suggestions, ideas, graphics, or other information communicated to Visible Results through this site (together, the "Submission") will become upon communication and will forever be the property of Visible Results. Visible Results will not be required to treat any Submission as confidential, and will not be liable for any ideas for its business (including, without limitation, product or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future Visible Results operations or Materials. Without limitation, Visible Results will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. Except as noted below in this paragraph, Visible Results will be entitled to use the Submission for any commercial or other purpose whatsoever without compensation to you or any other person sending the Submission.

Personally identifiable information that may be received at this site is provided voluntarily by a visitor to this site and is governed by the terms of our Privacy Policy. You acknowledge that you are responsible for whatever material you submit, and you, not Visible Results, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright. You are prohibited from posting or transmitting to or from this site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law.

5. Notices of Infringement & Takedown by Visible Results

Visible Results prohibits the posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any content on the Site, please write to Visible Results at the address shown below, giving a written statement that contains: (a) identification of the copyrighted work and/or intellectual property right claimed to have been infringed; (b) identification of the allegedly infringing material on the Site that is requested to be removed; (c) your name, address, and daytime telephone number (including International country code), and an email address if available; (d) a statement that you have a good faith belief that the use of the copyrighted work and/or exercise of the intellectual property right is not authorized by the owner, its agent, or the law; (e) a statement that the information in the notification is accurate, and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of the right that is allegedly infringed; and (f) the signature of the intellectual property right owner or someone authorized on the owner's behalf to assert infringement of the right. Visible Results' contact for submission of notices under this Section 4 is: Visible Results Limited, Private Bag 92145, Auckland Mail Service Centre, Auckland, New Zealand.

6. Disclaimers

THE CONTENT AND FUNCTIONALITY ON THE SITE IS PROVIDED WITH THE UNDERSTANDING THAT VISIBLE RESULTS IS NOT HEREIN ENGAGED IN RENDERING PROFESSIONAL ADVICE AND SERVICES TO YOU. ALL CONTENT AND FUNCTIONALITY ON THE SITE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. VISIBLE RESULTS AND ITS THIRD-PARTY CONTENT PROVIDERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OWNERSHIP, ACCURACY, OR ADEQUACY OF THE SITE CONTENT. VISIBLE RESULTS SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION PUBLISHED ON LINKED WEB SITES, CONTAINED IN ANY USER SUBMISSIONS PUBLISHED ON THE SITE, OR PROVIDED BY THIRD PARTIES. NEITHER VISIBLE RESULTS NOR ITS THIRD-PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR FOR LOST REVENUES OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.

7. Third-Party Web Sites

We may provide links to third-party Web sites, and some of the content appearing to be on this Site is in fact supplied by third parties, for example, in instances of framing of third-party Web sites or incorporation through framesets of content supplied by third-party servers. Visible Results has no responsibility for these third-party Web sites, which are governed by the Terms of Use and privacy policies, if any, of the applicable third-party content providers.

8. Viruses

Visible Results cannot guarantee that any file or program available for download and/or execution from, or via this Site, is free from viruses or other conditions that could damage or interfere with data, hardware or software with which it might be used. You assume all risk of use of all programs and files on this site, and you release Visible Results entirely of all responsibility for any consequences of its use.

9. Governing Law & Invalidity

This site is created, maintained and controlled by Visible Results. By accessing this site, you accept that any disputes about this website or its contents are to be determined by the courts having jurisdiction in New Zealand in accordance with the laws in force in New Zealand.

This website may be accessed throughout New Zealand and overseas. Visible Results makes no representation that the content of this website complies with the laws (including the intellectual property laws) of any country outside New Zealand. If you access this site from outside New Zealand you do so at your own risk and are responsible for ensuring compliance with all laws in the place where you are located.