Envision-U

TERMS OF USE

SUMMARY OF IMPORTANT LEGAL INFORMATION

This website is owned and operated by Envision-U("Envision-U") and is part of the Trusum Visions, LLC family of websites and applications. All use of Envision-U is subject to the terms of this document (the “Terms of Use”). By using this website, by clicking to accept or agree to the Terms of Use, or by becoming a member of Envision-U, you indicate that you have read, understood, and agree to comply with these Terms of Use and our Privacy Policy, which is incorporated by reference and which shall be considered to be part of these Terms of Use. As described in more detail below, we agree that you exclusively own your personal information, and we will use the information you supply for the purpose of providing online training focused on leadership and culture and professional growth resources throughout our website consistent with applicable federal and state law and regulation, as well as with Envision-U's Privacy Policy. Our website is designed for educational purposes only. Envision-U is not responsible for you or your company’s success and does not make any claims to be able to fix, grow, resolve or improve any situation. Envision-U is not designed or intended to replace old fashion hard work and dedication. The information available on Envision-U should not be used to diagnose or treat any issues with you or your organization. We retain all copyrights and trademarks within and relating to our website. You may not sell, transfer, reproduce, modify, transmit, distribute, perform or display any portion of our website without our written consent, with the exception of reproduction of materials on a limited basis exclusively for personal use.

TERMS OF USE

PLEASE READ OUR TERMS OF USE CAREFULLY BEFORE USING Envision-U. Envision-U provides internet-based personal and professional growth tools and assessments on and through Envision-U.com. By using Envision-U.com, you signify that you understand and agree to these Terms of Use. Envision-U reserves the right to change these Terms of Use and its Privacy Policy at any time. We will notify you prior to any substantial change in our Privacy Policies and these Terms of Use. If you do not consent to these changes, it may be possible that a number of features of Envision-U may not be available for your use. Last Updated: March 16, 2020.

  1. Disclaimer

    It may happen that the Envision-U platform is down, either for planned maintenance or because something goes down with the site. It may happen that one of the Envision-U instructors is making misleading statements in their course. It may also happen that we encounter security issues. These are just examples. You accept that you will not have any recourse against us in any of these types of cases where things don’t work out right. In legal, more complete language, the services and their content are provided on an “as is” and “as available” basis. Envision-U (and our affiliates, suppliers, partners, and agents) make no representations or warranties about the suitability, reliability, availability, timeliness, security, lack of errors, or accuracy of the services or their content, and expressly disclaim any warranties or conditions (express or implied), including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Envision-U (and our affiliates, suppliers, partners, and agents) make no warranty that you will obtain specific results from use of the services. Your use of the services (including any content) is entirely at your own risk. Some jurisdictions don’t allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. We may decide to cease making available certain features of the Services at any time and for any reason. Under no circumstances will Envision-U or its affiliates, suppliers, partners or agents be held liable for any damages due to such interruptions or lack of availability of such features. Envision-U is not responsible for delay or failure of our performance of any of the services caused by events beyond our reasonable control, like an act of war, hostility, or sabotage; natural disaster; electrical, internet, or telecommunication outage; or government restrictions.

  2. General Information About Envision-U

    1. Envision-U’s Privacy Policy Envision-U will protect the privacy and security of all information you provide us consistent with these Terms of Use and Envision-U's Privacy Policy. We value your membership, and do not sell or share your information with anyone. We hold the information you give us in the strictest of confidence and will not share with third-party sites or anyone outside of the Trusum Visions, LLC (parent company) family.
    2. Our Information We strive to make our website a valuable resource of information for our users. However, we cannot ensure that information we provide is exhaustive or complete on every subject or that it will necessarily include all of the most recent information available on a particular topic.
    3. Information from Others Our website may include or provide links to other websites on the Internet. These other websites may provide opinions, recommendations, or other information from various individuals, organizations or companies. In providing such links, we do not investigate the content of such information. We do not endorse, guarantee, warrant, or recommend the accuracy of such information or necessarily subscribe to any such websites' opinions or recommendations.

  3. Accessing and Using the Envision-U Website.

    1. Availability Our website is available worldwide to anyone with Internet access. However, our website may not be continuously available due to maintenance, repairs, computer problems or crashes, disruption in Internet service, or unforeseen circumstances. Further, a reference to a product or service on or in our website does not imply that such product or service is or will be available in your location. The content of our website is intended for use and display only where its use and display are permissible in accordance with applicable laws and regulations.
    2. User Responsibility for Account Use You may log in to your account using your user name and password. By setting up an account, you agree to provide us with accurate and complete information, and to promptly update your account information with any new information that may affect the operation of your account. You may not use false identities or impersonate any other person or use a username or password that you are not authorized to use. You are responsible for all usage or activity on your Envision-U account. Any violation of these Terms of Use, may be grounds for termination of your account in our sole discretion.
    3. Links to Third-Party Websites As mentioned above, we may provide links to websites and access to content offered by third parties that serve as our affiliates and strategic partners. We provide links to these sites only because they may be of interest to you. Information and views contained on linked websites are not ours, and you should refer to the separate terms of use, privacy policies, and other rules posted on those sites before you use them. We do not author, endorse, edit, or monitor them, and cannot be responsible or liable for (i) the availability or content provided on such linked sites; (ii) third party content accessible through linked sites; (iii) any loss or damage you may incur from these sites; or (iv) your dealings with any third parties found on or through these websites.
    4. Premium Services Some features on this web site may be offered for free. Others may require you to pay a fee, the details of which are available in various areas of the website that allow you to purchase products, features or services. You agree to pay all fees and applicable taxes incurred by you or anyone using your account. We may revise the pricing for products, features or services offered through our website at any time. Unless otherwise noted, all currency references are in U.S. dollars. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable. EXCEPT AS OTHERWISE SET FORTH IN OUR RETURN POLICY OR CANCELLATION POLICY, YOU ACKNOWLEDGE AND AGREE THAT ANY APPLICABLE FEES AND OTHER CHARGES FOR FEE-BASED PRODUCTS, FEATURES OR SERVICES ARE NOT REFUNDABLE IN WHOLE OR IN PART. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES.

  4. Restrictions on the Use of Envision-U

    Copyright and Trademarks.
    1. Envision-U takes its intellectual property and your intellectual property very seriously. The information provided on the Envision-U website, including its text, graphics, images and software are protected by copyright under both United States and foreign laws, and the look and feel of Envision-U is also copyrighted as a collective work under United States copyright law. The name, "Envision-U" and associated logos are associated logos are proprietary trademarks and service marks of Envision-U and Trusum Visions, LLC.
    2. Upon acceptance of these Terms of Use, we authorize you to view, download and print a small number of copies of the material on or in our website solely for your personal, noncommercial use. You may not modify, sell, assign, or transfer the Content or reproduce, display, distribute or otherwise use the Content in any way for any public or commercial purpose or otherwise except as expressly permitted herein. You may not reverse-engineer, disassemble, decompile, or create any derivative works based on the Content. Content is subject to change without notice at our editorial discretion.
    3. If you add content to our website, you must own or possess the appropriate rights, permissions, licenses, and consents to submit this content.
    4. Envision-U reserves the right to remove any content you submit to our website without prior notice if we obtain information causing us to reasonably believe that the content infringes or violates copyright law, infringes or violates the intellectual property rights of a third party, is otherwise unlawful, or violates these Terms of Use.
    5. Unlawful, Inappropriate, Offensive, and Commercial Content You may not post any unlawful, inappropriate, offensive, or libelous content on our website. Also, you may not use our website for commercial purposes without our express prior written consent. Envision-U retains the right and the sole discretion to define what content it considers unlawful, offensive, libelous, or commercial. If we reasonably believe that you have submitted any content that fits within these categories or breaches any representation that you have made to us, we may remove this content or terminate your access to our website without prior notice.
    6. Representations and Warranties for Content You Submit By submitting any content to our website, you represent and warrant that you are the sole owner of the intellectual property rights to that content or that you have obtained the necessary consents and permissions from others who have contributed to the content. You also represent that you are at least 13 years old and that you have read, understand and have agreed to these Terms of Use. You also represent and warrant that you will not submit any content to our website that is:
      1. False or misleading,
      2. Infringes on the intellectual property rights, publicity rights, or privacy rights of another,
      3. In violation of any local, state, or federal law or regulation,
      4. Defamatory, libelous, obscene, pornographic, predatory, harassing, hateful, encourages illegal acts, or misrepresents an identity,
      5. Content for which you received compensation or other consideration from a third party, or
      6. Content that includes email addresses, contact information, or phone numbers of a third party.
    7. Use of Public Forums Envision-U may provide interactive forums, chat rooms, bulletin boards and other interactive areas (collectively, the "public forums") on or in our website. If you use any of the public forums, you are solely responsible for your own communications and the consequences of posting those communications. We do not assume any responsibility for the truthfulness, accuracy or reliability of any material posted on any public forum by any user of our website, or of consequences of any public forum communications on or arising from use of our website. Envision-U does not make any representations about the reliability of any user-submitted content on the public forums.
    8. Indemnification You agree to indemnify, defend and hold Envision-U, its affiliates, shareholders, directors, officers, licensors, subsidiaries, parents, employees and agents harmless from any claim, demand, liability, dispute, damage, cost, expense, or loss, including attorneys' fees and costs of litigation, arising out of or in any way related to your use of or access to our website, your use of the Content, your violation of these Terms of Use, or your violation of any rights of another.
    9. Further Restrictions Additionally, you agree not to:
      • Use the website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the website, including their ability to engage in real time activities through the website.
      • Use any robot, spider or other automatic device, process or means to access the website for any purpose, including monitoring or copying any of the material on the website.
      • Use any manual process to monitor or copy any of the material on the website or for any other unauthorized purpose without our prior written consent.
      • Use any device, software or routine that interferes with the proper working of the website.
      • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
      • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the website, the server on which the website is stored, or any server, computer or database connected to the website.
      • Attack the website via a denial-of-service attack or a distributed denial-of-service attack.
      • Otherwise attempt to interfere with the proper working of the website.

  5. Disclaimers, Limitations of Liability, and Other Information

    1. Information supplied by Envision-U on or in our website is provided "as is" and "with all faults." Neither Envision-U, its parent companies, subsidiaries, affiliates, owners, executives or employees make any representation or warranty with respect to the contents of our website or information furnished by them or our agents, employees or representatives and specifically disclaim to the fullest extent permitted by law any and all warranties, express or implied, including, but not limited to, implied warranties of merchantability, completeness, timeliness, correctness, noninfringement, fitness for any particular use, application and purpose.
    2. By entering or using our website, you expressly agree that Envision-U and its parents, and their respective officers, directors, agents and employees, shall not be liable to you for any damages, claims, demands or causes of action, direct or indirect, special, incidental, consequential or punitive, as a result of your use of our website or any information you obtain on or through it or any other interaction with Envision-U. In doing so, you agree that you are waiving voluntarily and unequivocally any liability of Envision-U. Please note that some jurisdictions may not allow the exclusion or limitation of certain warranties, so some of the above exclusions may not apply to you.
    3. We do not make any representation or warranty concerning errors, omissions, delays or other defects in the information supplied to our users, or that our files are free of viruses, worms, Trojan horses or other code that include or manifest contaminating or destructive characteristics.
    4. Any claim or cause of action arising out of your use of our website or these Terms of Use must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by us to enforce or exercise any provision of these Terms of Use or related right shall not constitute a waiver of that right or provision.
    5. If any part of these Terms of Use is held by a court of competent jurisdiction to be invalid or unenforceable, that part will be enforced to the maximum extent permitted by law, and the remainder of these Terms of Use will remain fully in force.
    6. You agree that any dispute arising out of or relating in any way to these Terms of Use or your use of our website requires that such claim be resolved exclusively by confidential binding arbitration except that, to the extent you have in any manner violated or threatened to violate Envision-U's intellectual property rights, Envision-U may seek injunctive or other appropriate relief. a. 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 Texas in each case located in Travis County 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.
    IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS, DISCLOSURES AND DISCLAIMERS SET FORTH ABOVE ARE FAIR AND REASONABLE, AND THAT YOUR AGREEMENT TO FOLLOW AND BE BOUND TO THEM IS NOT THE RESULT OF FRAUD, DURESS OR UNDUE INFLUENCE EXERCISED UPON YOU BY ANY PERSON OR ENTITY. YOU ACKNOWLEDGE AND CONFIRM THAT (A) YOU HAVE READ AND UNDERSTAND ALL OF THE ABOVE TERMS OF USE, POLICIES, PROVISIONS, DISCLOSURES AND DISCLAIMERS, (B) THAT THESE TERMS OF USE HAVE THE SAME FORCE AND EFFECT AS A SIGNED AGREEMENT, AND (C) THAT YOU EXPRESSLY AGREE TO BE BOUND BY THESE TERMS OF USE.

  6. Entire Agreement.

    These Terms of Use, and our Privacy Policy, and other policies as posted on the Website from time to time, constitute the sole and entire agreement between you and the Company with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website. PROGRAM AGREEMENT This Program Agreement (the "Agreement") describes the terms and conditions for Envision-U, a subsidiary of Trusum Visions, LLC - a limited liability company. THIS PROGRAM AGREEMENT APPLIES TO PURCHASES for any program or service provided by the Envision-U team.
    1. Your Agreement to Purchase the Program By clicking the "I accept" button at the end of this Agreement you agree to purchase from Envision-U any Envision-U program and/or monthly membership.
    2. What we will do In return for payment for your Envision-U program, you will receive access to your program online through your Envision-U profile passage for the duration of the program. Upon your payment of the fees for the program, you will have access to the program web applications that will provide activities, resources and materials for personal and professional growth.
    3. Envision-U reserves the right to, and control of, the use of its name, symbols, trademarks and service marks presently existing or later established. You shall not use the Envision-U's name, symbols, trademarks or service marks without the prior written consent of Envision-U, and shall cease any such usage immediately upon request.
    4. Except as expressly set forth in this Agreement, Envision-U does not warrant that any website or any services provided under this Agreement will meet your requirements or that the operation of the websites prepared by or for Envision-U will be uninterrupted or error free.
    5. Envision-U and its affiliates shall have the right to use any data (in a manner that does not identify you) from the services under this Agreement.
    What you will do
    1. You will purchase from Envision-U a membership into one or more of our personal and professional growth programs. You or Envision-U may terminate your membership in the program at any time however no refunds will be granted. You will complete the on-line enrollment process and pay the current fees for membership in the Program. All sales are final and no refunds will be granted.
    2. You hereby release, waive, discharge and covenant not to sue Envision-U and its subsidiaries, at any time hereafter, from any and all demands, liabilities, losses, or damages (including death or damage to property) caused or alleged to be caused in whole or in part by the negligence of any of the foregoing people or entities.

  7. Refund Policy

    All sales are final and no refunds will be granted.

  8. Assignment

    Member may not assign this Agreement to a third party without the express written approval of a duly authorized representative of Envision-U, and any such attempted assignment shall be void. Envision-U may assign this Agreement as part of a sale, regardless of whether such a sale occurs through an asset sale, stock sale, merger or other combination, or any other transfer of (i) Envision-U’s entire business; or (ii) that part of Envision-U’s business that exercises all rights granted under this Agreement.

  9. Amendment

    This Agreement may be amended at any time during the term of the Agreement by mutual consent in writing of duly authorized representatives of the Parties. In addition, Envision-U may amend this Agreement.

  10. Disclaimer of warranties

    Except as expressly provided above, Envision-U provides the program on an "as is" and "as available" basis without warranties of any kind. Envision-U expressly disclaims all other warranties, express, implied or statutory, including, but not limited to, the implied warranties of merchantability and non-infringement for a particular purpose and any implied warranties arising out of course of performance or course of dealing. Moreover, Envision-U makes no warranty of any kind as to the results that may be obtained from use of the program, or as to the accuracy, completeness or reliability of any information or material provided by or through the program.