TERMS OF USE
StraightEdge Innovations, LLC, a Nebraska limited liability company, welcomes you to our website (the
“Site”) and the applications and services available from us, through the Site or other platforms (collectively
with the Site, the “Services”). Your use of the Site and the Services are governed by these Terms of Use
(these “Terms”). Any time you browse the Site or use the Services in any way, you agree to be bound by
these Terms. If you don’t agree to these Terms, do not use the Site or the Services.
Your use of the Services is also subject to our Privacy Policy, which is located on the Site, as well as any
policies and procedures we publish from time to time (collectively, the “Policies”). We reserve the right to
modify these Terms at any time, with such changes becoming effective when we post the modified Terms to
the Site. We also reserve the right to make any changes to the Site and Services in any manner and to deny or
terminate your access to the Site and Services, even if you have an Account, in our sole discretion.
Each time you use the Site or the Services, the then-current version of the Terms will apply. If you use the
Site or the Services after a modification of these Terms, you agree to be bound by the Terms as modified.
These Terms contain important information regarding your rights with respect to the Site and the
Services, including your relationship with us, and include an arbitration provision that may limit your
ability to pursue claims against us in court. Please read them carefully and review them regularly.
1. Eligibility.
When you use the Services, you represent that you are (i) at least the age of majority in the jurisdiction where
you reside or (ii) if you have not reached the age of majority in the jurisdiction where you reside, that you
have received permission to use the Services from your parent or legal guardian.
You represent that any information you submit to us when using the Services is accurate, truthful, and
current. You also represent that your use of the Services does not violate any applicable law or regulation.
2. Registration & Account.
Certain of the Services or portions of the Site may require you to register for an account (“Account”),
becoming a “Registered User”. As part of the Account creation process, you may be asked to provide a
username and password unique to the Account (“Login Information”). You are responsible for the
confidentiality and use of your Login Information and agree not to transfer or disclose your Login
Information to any third party other than an individual with express authority to act on your behalf. If you
suspect any unauthorized use of your Account, you agree to notify us immediately. You are solely
responsible for updating and maintaining the accuracy of the information in your Account and any activities
occurring under your Account. You have no ownership right to your Account. If you are registering an
Account as the authorized user of an organization, that organization may have administrator rights to access
your account and any information provided under your Account.
3. Organizational Accounts.
If you register for the Services on behalf of an organization, you may grant access to the Services to certain
authorized users, subject to the limits of any plan for which you enroll. We may require that each authorized
user have unique Login Information. When registering for an Account and accessing the Services, you
represent or warrant that the information you enter for your organization is correct. You acknowledge and
agree that (i) the organizational account owner is responsible for all activity under authorized user accounts
and (ii) organizational administrators may have access to all activity/data under all authorized users’
accounts.
4. Permitted Uses/License.
You are authorized to access the Site for the sole purpose of viewing and using the Services on your
computer or device. We authorize you to copy materials from the Services to your hard drive solely for the
purpose of viewing and using the Services on your computer.
You may not decompile, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the
Site, the Services, or any data thereon. You may not use any robot, spider, or other automatic device or
manual process to monitor or copy the Site or its content without our prior written permission. Your failure
to abide by these conditions will immediately terminate your right to access the Site or to use the Services
and may violate our intellectual property rights or the intellectual property rights of third parties.
5. Location-based Services.
Some of the Services may require that location functionality be enabled on the relevant device in order to
work properly. You acknowledge and agree that if location permissions and functionalities are not enabled
on the device with which you access the Services, the Services may not work appropriately or at all. We will
use any location information we receive from you in accordance with our Privacy Policy.
6. Third-Party Sites.
The Site may contain links to websites or resources we do not operate, control, or maintain (“Third Party
Websites”). We do not endorse any Third-Party Websites, and we make no representation or warranty in any
respect regarding the Third Party Websites. Any links to Third Party Websites on the Site are provided
solely for your convenience. If you do access any Third-Party Websites, you do so at your own risk and
waive any and all claims against us regarding the Third-Party Websites or our links thereto.
7. User Content Generally.
When you post content and information to the Site or in connection with the Services (“User Content”), you
represent and warrant to us that (i) you own or have rights to use the User Content, (ii) the posting of the
User Content does not violate any rights of any person or entity, and (iii) you have no agreement with or
obligations to any third party that would prohibit your use of the Site or Services in the manner so used. You
agree to pay all royalties, fees, and any other monies owing to any person or entity by reason of any User
Content posted by you to the Site or through the Services.
8. User Conduct.
You agree not to use the Site or the Services to take any action or actions that (including with respect to any
User Content): (i) are patently offensive in any manner (as determined in our sole discretion), (ii) involve
commercial activities without our prior written consent, such as contests or sweepstakes, (iii) are contrary to
our public image, goodwill, or reputation, (iv) infringe on our or any third party’s intellectual property
rights, (v) violate any law or any third party’s legal rights, or (vi) “frame” or “mirror” any part of the Site
without our prior written consent.
9. Data.
You agree that we have the right to collect and analyze data and other information relating to the provision,
use and performance of various aspects of the Site and Services, and related systems (for example,
anonymous and aggregated information concerning user behavior and use of the Services), and we will be
free (during and after the term hereof) to (i) use such information and data to improve and enhance the Site
Services and for other development, diagnostic and corrective purposes in connection with the Site and
Services and other of our offerings; (ii) use such information and data to create new products and Services,
including with the use of artificial intelligence; and (iii) disclose such data solely in aggregate or other de-
identified form in connection with its business.
10. Paid Services.
We may require Services to be paid for on a recurring basis (“Subscription Services”) or on an as-used basis
(“A La Carte Services” and, together with the Subscription Services, “Paid Services”). We have the right to
change, delete, discontinue or impose conditions on Paid Services or any feature or aspect of a Paid Service.
Subscription Services may subject you to recurring fees and/or terms. By signing up for a Subscription
Service, including after any free trial period, you agree to pay us the subscription fee and any applicable
taxes as set forth in your Account settings or as otherwise agreed in writing (“Subscription Fee”). A La
Carte Services may subject you to fees charged per usage and/or terms. By using an A La Carte Service, you
agree to pay the fees and any taxes incurred at the time of usage (“A La Carte Fees” and, together with
Subscription Fees, the “Paid Service Fees”).
Paid Service Fees may be paid by credit card, debit card, or other payment forms we may permit. If you link
a debit or credit card to your Account, you authorize us to collect Paid Service Fees by debit from your
linked debit card or charge to your linked credit card. In the event a payment is not successfully debited or
charged, and your Account has not been cancelled, we, in our sole discretion, may suspend your access to
the Site or the Services until you have provided an alternate payment method for the Paid Service Fees.
Unless otherwise provided in the Subscription Service’s terms, Subscription Fees will be charged on the 1st
of every month until cancelled. You must cancel your Subscription Services at least one business day prior
to the next billing date to avoid paying an additional Subscription Fee. You may cancel a Subscription
Service at any time pursuant to the SaaS Service Agreement provided to you at subscription and by
contacting the team at support@visionsync.com. If you cancel a Subscription Service, you will continue
to have access to that Subscription Service through the end of your then current billing period, but you will
not be entitled to a refund or credit for any Subscription Fee already due or paid. We reserve the right to
change our Subscription Fee upon thirty (30) days’ advance notice. Your continued use of Subscription
Services after notice of a change to our Subscription Fee will constitute your agreement to such changes.
11. Copyright Infringement.
We respect the intellectual property rights of others. The Digital Millennium Copyright Act of 1998 (the
“DMCA”) provides a complaint procedure for copyright owners who believe that website material infringes
their rights under U.S. copyright law. If you believe that your work has been improperly copied and posted
on the website, please provide us with the following information: (i) name, address, telephone number,
email address and an electronic or physical signature of the copyright owner or of the person authorized to
act on his/her behalf; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a
description of where on the Site the material that you claim is infringing is located; (iv) a written statement
that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or
the law; and (v) a statement by you, made under penalty of perjury, that the above information in your notice
is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. These
requirements must be followed to give us legally sufficient notice of infringement. Send copyright
infringement complaints to the following email address:support@visionsync.com. We suggest that you
consult your legal advisor before filing a DMCA notice with our copyright agent. There can be penalties for
false claims under the DMCA.
12. Warranty Disclaimer.
You agree that the Services are available on an “as is” basis, without any warranty, and that you use
the Services at your own risk. We disclaim, to the maximum extent permitted by law, any and all
warranties, whether express or implied, including, without limitation, (a) warranties of
merchantability or fitness for a particular purpose, (b) warranties against infringement of any third
party intellectual property or proprietary rights, (c) warranties relating to delays, interruptions,
errors, or omissions in the Services or on the Site, (d) warranties relating to the accuracy or
correctness of data on the Services, and (e) any other warranties otherwise relating to our
performance, nonperformance, or other acts or omissions.
We do not warrant that the Site or the Services will operate error-free or that the Site is free of
computer viruses and/or other harmful materials. If your use of the Site or the Services results in the
need for servicing or replacing equipment or data, we are not responsible for any such costs.
Some jurisdictions do not allow the exclusion or limitation of certain categories of damages or implied
warranties; therefore, the above limitations may not apply to you. In such jurisdictions, our liability is
limited to the greatest extent permitted by law.
13. Limitation of Liability.
Any liability we have to you in connection with these Terms, under any cause of action or theory, is
strictly limited to, in aggregate for all violations, the amount paid to you by us for your use of the
Services in the six-month period immediately preceding the events giving rise to the claim. Without
limiting the previous sentence, in no event shall we or any of our affiliates be liable to you for any
indirect, special, incidental, consequential, punitive, or exemplary damages arising out of or in
connection with, these Terms. The foregoing limitations apply whether the alleged liability is based on
contract, tort, negligence, strict liability, or any other basis, even if we or our affiliates have been
advised of the possibility of such damages.
You agree to indemnify and hold us harmless for any breach of security or any compromise of your
Account.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential; therefore, the
above limitations may not apply to you. In such jurisdictions, our liability is limited to the greatest extent
permitted by law.
You agree to indemnify and hold harmless us, our affiliates and our and their officers, directors, partners,
agents, and employees from and against any loss, liability, claim, or demand, including reasonable
attorneys’ fees (collectively, “Claims”), made by any third party due to or arising out of your use of the Site
and Services in violation of these Terms, any breach of the representations and warranties you make in these
Terms, or your User Content. You agree to be solely responsible for defending any Claims against or
suffered by us, subject to our right to participate with counsel of our own choosing.
15. Electronic Signatures and Notices.
Certain activities on the Services may require you to make an electronic signature. You understand and
accept that an electronic signature has same legal rights and obligations as a physical signature.
If you have an Account, you agree that we may provide you any and all required notices electronically
through your Account or other electronic means. You agree that we are not responsible for any delivery fees
charged to you as a result of your receipt of our electronic notices.
16. Governing Law.
These Terms are governed by Nebraska law, without giving effect to conflicts of law principles. You agree
that, to the extent applicable and expressly subject to the dispute resolution provisions below, to submit to
the exclusive jurisdiction of the state and federal courts located in Omaha, Nebraska in circumstances where
these Terms permit litigation in court.
17. Dispute Resolution.
Please read this section carefully. It contains procedures for mandatory binding arbitration and a
class action waiver.
Notice Requirement and Informal Dispute Resolution. Before either we or you may seek arbitration, the
party seeking arbitration must send the other party a written Notice of Dispute (“Notice”) describing the
nature and basis of the claim or dispute and the requested relief. A Notice to us should be sent to:
StraightEdge Innovations, LLC, 356 N 76th St., Omaha, NE 68114.. After the Notice is received, you and
we may attempt to resolve the claim or dispute informally. If we do not resolve the claim or dispute within
sixty (60) days after the Notice is received, either party may begin arbitration proceedings. The amount of
any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has
determined the amount of the award, if any, to which either party is entitled.
Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an
established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in
this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR
Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited
to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with
the Terms. The AAA Commercial Arbitration Rules (the “Arbitration Rules”) governing the arbitration are
available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be
conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought
is less than Ten Thousand U.S. Dollars (US $10,000.00) shall be resolved through binding non-appearance-
based arbitration. For claims or disputes where the total amount of the award sought is Ten Thousand U.S.
Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any
hearing will be held in Nebraska, unless the parties agree otherwise. Any judgment on the award rendered
by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs
(including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of
the fees and costs of the ADR Provider.
Additional Rules for Non-Appearance Based Arbitration. The arbitration shall be conducted by telephone,
online and/or based solely on written submissions; the specific manner shall be chosen by the party
initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or
witnesses unless otherwise agreed by the parties.
Time Limits. If either you or we pursue arbitration, the arbitration action must be initiated and/or demanded
within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed
under the AAA Rules for the pertinent claim.
Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any,
of the parties involved, and the dispute will not be consolidated with any other matters or joined with any
other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of
any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-
monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and these
Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings
and conclusions on which the award is based, including the calculation of any damages awarded. The
arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would
have. The award of the arbitrator is final and binding upon you and us.
Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND
STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A
JURY, instead electing that all claims and disputes shall be resolved by arbitration under these
terms. Arbitration procedures are typically more limited, more efficient and less costly than rules
applicable in a court and are subject to very limited review by a court. In the event any litigation should
arise between you and us in any state or federal court in a suit to vacate or enforce an arbitration award or
otherwise, YOU AND WE WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be
resolved by a judge.
Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF
THIS SECTION 17 MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND
NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE USER CANNOT BE ARBITRATED
OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER USER.
Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the
arbitrator and compliance therewith, shall be strictly confidential. You agree to maintain confidentiality
unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law
any information necessary to enforce this Section 17, to enforce an arbitration award, or to seek injunctive or
equitable relief.
Severability. If any part or parts of this Section 17 are found under the law to be invalid or unenforceable by
a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be
severed and the remainder of this Section 17 shall continue in full force and effect.
Right to Waive. Any or all of the rights and limitations set forth in this Section 17 may be waived by the
party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this
Section 17.
Survival of Agreement. This Section 17 will survive the termination of your relationship with us.
Small Claims Court. Notwithstanding the foregoing, either you or we may bring an individual action in
small claims court.
Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable
relief before a state or federal court in order to maintain the status quo pending arbitration. A request for
interim measures shall not be deemed a waiver of any other rights or obligations under this Section 17.
Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the
Computer Fraud and Abuse Act, and infringement or misappropriation of our patent, copyright, trademark,
or trade secrets rights shall not be subject to this Section 17.
18. Notice for California Users.
Under California Civil Code Section 1789.3, California Website
users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the
Division of Consumer Services of the California Department of Consumer Affairs may be contacted in
writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-
5210.
19. Miscellaneous.
We may assign, transfer, delegate, or otherwise hypothecate our rights under these Terms in our sole
discretion. If we fail to enforce a provision of these Terms, you agree that such a failure does not constitute a
waiver to enforce the provision (or any other provision hereunder). If any provision of these Terms is held or
made invalid, the invalidity does not affect the remainder of these Terms. We reserve all rights not expressly
granted in these Terms and disclaim all implied licenses.