Terms of Service
EFFECTIVE DATE: October 1, 2020
Visit Brands Inc., and its affiliates (“We” or “Visit Brands”) are the operators of various websites, including but not limited to www.visitvisit.com, www.visitnyny.com, www.visitchi.com, www.visitldn.com, www.visitmia.com, www.visitsanfran.com (the “Websites”). This Agreement governs your use of the Websites and your purchase of any products from Visit Brands (the “Products”).
The Websites and Products are offered subject to your acceptance of these Terms and Conditions (“Terms” or “Agreement”). These Terms constitute a legally binding agreement between you and Visit Brands, and you should read them carefully. By agreeing to these Terms, you also agree to the Visit Brands Privacy Policy, Online Return Policy and Shipping Policy, each of which is expressly incorporated by reference herein.
THIS AGREEMENT CONTAINS AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT WAIVE YOUR RIGHT TO A COURT HEARING OR JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW OR IF YOU OPT-OUT. YOU MUST REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE ACCESSING, USING, OR BUYING ANY PRODUCT THROUGH THE WEBSITES.
User Obligations
By downloading, accessing or using the Websites, you represent that you are at least eighteen (18) years old or the legal age of majority, whichever is greater, and you are agreeing to these Terms. You also agree to abide by all applicable local, state, and national laws and regulations with respect to your use of the Websites. You further represent you shall at all times provide true, accurate, current, and complete information (and updates thereto) when submitting information to Visit Brands through the Websites. You shall only use the Websites as permitted by this Agreement, and you shall not use the Websites or the Content for any commercial, political, obscene, illegal, or inappropriate purpose. Visit Brands reserves the right, in its sole discretion, to terminate your access to the Websites for any or no reason. If you register for an account on the Websites, you may be required to designate an email address and password, and there may be additional requirements as designated by Visit Brands from time to time. You agree to assume all responsibility concerning your use of the Websites, including all activity occurring through your password (and related account access). You shall immediately notify Visit Brands if you suspect or become aware of any loss, theft, or unauthorized use of your password.
Purchases through the Websites
All purchases made through the Websites are subject to our acceptance. This means that we may refuse to accept or may cancel any transaction, in our sole discretion and without liability to you or any third party. The Websites does not permit orders from dealers, wholesalers, or other customers who intend to resell items offered on the Websites. Visit Brands expressly conditions its acceptance of your order on your agreement to these Terms, and to all additional terms and conditions that are provided to you on the Websites that govern your purchase of certain Products. By ordering Products through the Websites, you agree to provide true, accurate, current, and complete information. Visit Brands reserves the right without prior notice to discontinue or change specifications and prices on Products offered on and outside of the site without incurring any obligation to you. Prices and availability are subject to change without prior notice, and Visit Brands reserves the right to revoke any offer to correct any errors, inaccuracies, or omissions.
Visit Brands wants you to be satisfied with your purchases from this Websites. If you wish to return a product, please review our Online Return Policy, which are incorporated herein by reference.
Websites Ownership and Content
The Websites contains materials including, but not limited to, text, images, designs, photographs, videos, audio clips, graphics, button icons, pictures, advertising copy, URLs, technology, software, and the overall arrangement or “look and feel” of such materials including copyrightable material, as well as trademarks, logos, and service marks that belong to either Visit Brands, its licensors, licensees or other third parties (collectively the “Content”). The Websites and the Content are owned, licensed, or controlled by Visit Brands, its licensors, and certain other third parties, and all right, title, interest in and to the Content and the Websites are the property of Visit Brands, its licensors, or certain other third parties and are protected by United States and international copyright, trademark, trade dress, patent or other intellectual property rights and laws to the fullest extent possible. By using the Websites, you will not obtain any ownership or intellectual property or other interest in any item or content on the Websites. Subject to your agreement and compliance with this Agreement, Visit Brands grants you a limited, non-exclusive, non-transferrable, non-assignable, revocable license to access, display, view, and use the Content on the Websites for your own personal, non-commercial use only. You agree that Visit Brands may immediately and, without notice to you, suspend or terminate the availability of the Websites, its Content, or the Products without any liability to you or any third party.
User-Generated Content
By submitting or posting any materials or content on the Site (“User-Generated Content”), you grant to Visit Brands a perpetual, irrevocable, royalty-free, worldwide, royalty-free, sub-licensable and transferable license to copy, publish, translate, modify, reformat, create derivative works from, distribute, reproduce, and sublicense such materials or any parts of such materials. You hereby represent, warrant and covenant that any User-Generated Content you provide does not violate any law or the rights of any third party, and you have full right to grant Visit Brands the license specified above. Visit Brands shall be entitled to use any User-Generated Content without incurring obligations of confidentiality, attribution or compensation to you.
LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES. EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, THE WEBSITES, AND ALL CONTENT, PRODUCTS, AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THIS WEBSITES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY. VISIT BRANDS DOES NOT WARRANT THAT: (1) THE INFORMATION ON THE WEBSITES IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THE WEBSITES APP WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITES OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN NO EVENT SHALL VISIT BRANDS OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, UNDER ANY CAUSE OF ACTION WHATSOEVER INCLUDING, BUT NOT LIMITED TO, CONTRACT, TORT, STRICT LIABILITY, WARRANTY, OR OTHERWISE, FOR ANY CLAIM, CAUSE OF ACTION, FEE, EXPENSE, COST, OR LOSS ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY POLICY, THE RETURN POLICY, THE SHIPPING POLICY, THE PRODUCTS, OR YOUR USE OF THE WEBSITES OR ANY PRODUCTS. NOTWITHSTANDING ANYTHING IN THESE TERMS TO THE CONTRARY, THIS DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY DOES NOT APPLY IN NEW JERSEY.
Dispute Resolution by Binding Arbitration and Class Action Waiver
Any dispute relating in any way to your visit to, or use of, the Websites, the Products, or any purchase or otherwise related to this Agreement (“Disputes”) shall be submitted to confidential arbitration in New York, New York, USA, and shall be governed exclusively by the laws of the State of New York, excluding its conflict of law provisions. If a Dispute arises under this Agreement, you agree to contact us at legal@visitvisit.com (email). Before formally submitting a Dispute to arbitration, you and Visit Brands may choose to informally resolve the Dispute. If any Dispute cannot be resolved informally, you agree that any and all Disputes, other than those filed in small claims court, shall be submitted to final and binding arbitration before a single arbitrator of the American Arbitration Association (“AAA”) in a location convenient to you or telephonically. Either you or Visit Brands may commence the arbitration process by submitting a written demand for arbitration with the AAA, and providing a copy to the other party. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Dispute Resolutions Procedures, Supplementary Procedures for Consumer-Related Disputes, in effect at the time of submission of the demand for arbitration. Except as may be required by law as determined by the arbitrator, no party or arbitrator may disclose the existence, content or results of any arbitration hereunder without the prior written consent of both parties. Visit Brands will pay all of the filing costs. Notwithstanding the foregoing, the following shall not be subject to arbitration and may be adjudicated only in the state and federal courts of New York: (i) any dispute, controversy, or claim relating to or contesting the validity of Visit Brands’ intellectual property rights and proprietary rights, including without limitation, patents, trademarks, service marks, copyrights, or trade secrets; (ii) an action by a party for temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory, or other provisional relief; (iii) any legal action by Visit Brands against a non-consumer; or (iv) interactions with governmental and regulatory authorities. You expressly agree to refrain from bringing or joining any claims in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration.
The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement may be joined to an arbitration involving any other party subject to this Agreement, whether through a class action, private attorney general proceeding, class arbitration proceedings or otherwise.
YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE IN A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH ARBITRATION. You shall have thirty (30) days from the date that you purchase a product or provide information to the Websites to opt-out of this arbitration agreement. To opt out of arbitration you must contact us in writing at legal@visitvisit.com (email). If more than thirty (30) days have passed from the date that you purchase a product, you are not eligible to opt out of arbitration with respect to claims relating to that product. If more than thirty (30) days have passed from the date that you provide information to the Websites, you are not eligible to opt out of arbitration with respect to claims relating to the Websites.
Links to Third Party Websites
The Websites may include links to third-party Websites, such as links from advertisers, sponsors, content partners, and third parties. The inclusion of any link on the Websites does not imply our endorsement of it, and Visit Brands expressly disclaims any responsibility for the content, the materials, the accuracy of the information, or the quality of the products or services provided by, available through, or advertised on these third-party Websites.
Privacy
You understand, acknowledge, and agree that the operation of certain portions of this Websites or the receipt of certain information, such as registering or creating an account on this Websites, requires the submission, use, and dissemination of certain personally identifiable information. Please note that by providing your mobile phone number to the Websites, you are providing Visit Brands your electronic signature expressly consenting to be contacted by telephone (including by automated dialing systems, prerecorded messages, SMS and MMS) at the number provided, even if the number you provide is on a corporate, state, or national Do Not Call list. You understand that your consent is not required to make a purchase. For a summary of Visit Brands’ information collection and use, please see Visit Brands’ Privacy Policy, which is incorporated herein by reference.
Electronic Signatures and Agreements
You acknowledge and agree that by clicking on the button labeled “SUBMIT,” “DOWNLOAD,” “PLACE MY ORDER,” “I ACCEPT,” ANY LINK THROUGH WHICH YOU SUBMIT BILLING OR SHIPPING INFORMATION, or such similar links as may be designated by Visit Brands to accept these terms and conditions, you are submitting a legally binding electronic signature and entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Agreement. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”), YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SITE OR PRODUCTS OFFERED BY VISIT BRANDS. Further, you waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non- electronic records, or to payments or the granting of credits by other than electronic means.
Sales Tax
Visit Brands honors each state’s guidelines concerning sales and use tax, determined by the destination address of your shipment. As you proceed through checkout and confirm your shipping details, any applicable taxes will be calculated on your total merchandise value. Additionally, order totals at checkout reflect estimated tax. The actual charge to your payment method will reflect all applicable state, local and county taxes and will be calculated once your order is shipped.
Miscellaneous
This Agreement constitutes the entire agreement between you and Visit Brands and supersedes any prior version of this Agreement and Visit Brands. If any provision of this Agreement is found by the arbitrator or (if proper) a court of competent jurisdiction to be invalid, the remaining provisions shall not be affected thereby and shall continue in full force and effect, and such provision may be modified or severed from this Agreement to the extent necessary to make such provision enforceable and consistent with the remainder of this Agreement.
Contact Us – If you have any questions about these Terms of Use, the Products, or the Websites, contact us via the Online Request Form