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Terms and Conditions

Last updated: January 06, 2023

Please read these Terms and Conditions (“Terms”) carefully before using the Visto Capital website and services (“Services”). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you may not use our Services.

1. Acceptance of Terms

By accessing or using our Services, you confirm that you are at least 18 years old and have the legal capacity to enter into these Terms. If you are using the Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

2. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes by posting the new Terms on this page and updating the “Last updated” date. Your continued use of the Services after changes become effective constitutes your acceptance of the revised Terms.

3. Use of Services and User Responsibilities

You agree to use the Services only for lawful purposes and in accordance with these Terms. You are responsible for the accuracy of the information you provide, for maintaining the confidentiality of your account, and for all activities that occur under your account. You may not use the Services:

  • In any way that violates applicable laws or regulations
  • To engage in fraudulent, deceptive, or harmful conduct
  • To infringe upon the rights of others
  • To attempt to gain unauthorized access to any part of the Services or related systems

4. Right to Refuse Service

We reserve the right to refuse service, terminate accounts, or block access to the Services at our sole discretion, with or without notice, for any reason, including if you violate these Terms.

5. Account Registration and Security

Some features may require you to create an account. You agree to provide accurate and complete information and to keep your account credentials secure. You are responsible for all activities that occur under your account.

6. Intellectual Property

All content, trademarks, logos, and other intellectual property on the Services are owned by or licensed to Visto Capital. You may not use, reproduce, or distribute any content from the Services without our prior written consent, except for your personal, non-commercial use.

7. User Content and Feedback

If you submit content or feedback to us, you grant Visto Capital a perpetual, worldwide, royalty-free, sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media. You represent that you have all necessary rights to grant this license.

8. No Professional Advice

Nothing on the Services constitutes legal, financial, or investment advice. You should consult your own advisors before making any decisions based on information provided by Visto Capital.

Our Services may contain links to third-party websites or services. We are not responsible for the content, privacy practices, or terms of those third parties. Accessing third-party sites is at your own risk.

10. Disclaimer of Warranties

The Services are provided “AS IS” and “AS AVAILABLE” without warranties of any kind, express or implied. We do not warrant that the Services will be uninterrupted, error-free, or secure, or that any information provided is accurate, complete, or current. To the fullest extent permitted by law, we disclaim all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

11. Limitation of Liability

To the maximum extent permitted by law, Visto Capital and its affiliates, officers, employees, or agents shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, or any loss of profits, revenues, data, business, or reputation, arising out of or related to your use of the Services, even if we have been advised of the possibility of such damages. Our total liability for any claim arising from the Services will not exceed $100 or the amount you paid to us, whichever is greater. You use the Services at your own risk.

12. Indemnification

You agree to indemnify, defend, and hold harmless Visto Capital and its affiliates, officers, employees, and agents from any claims, damages, liabilities, costs, or expenses (including reasonable attorneys’ fees) arising from your use of the Services, your violation of these Terms, your content, or your violation of any law or the rights of any third party.

13. Force Majeure

Visto Capital is not liable for any failure or delay in performance due to events beyond our reasonable control, including but not limited to natural disasters, internet outages, government actions, or regulatory changes.

14. Changes to Services

We reserve the right to modify, suspend, or discontinue any part of the Services at any time, with or without notice.

15. Governing Law, Jurisdiction, and Dispute Resolution

These Terms are governed by the laws of the State of California, without regard to its conflict of law principles. Any disputes arising from these Terms or your use of the Services will be resolved in the courts located in California. You waive any right to participate in class actions or class arbitrations. At our discretion, we may require that any dispute be resolved by binding arbitration on an individual basis.

16. Severability and Waiver

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision of these Terms is not a waiver of such right or provision.

17. Entire Agreement

These Terms constitute the entire agreement between you and Visto Capital regarding your use of the Services, superseding any prior agreements.

18. Assignment

We may assign our rights and obligations under these Terms to any affiliate or in connection with a merger, acquisition, or sale of assets. You may not assign your rights or obligations without our prior written consent.

19. Regulatory Compliance

You agree to comply with all applicable laws and regulations. We may cooperate with law enforcement and regulatory authorities as required.

20. Contact Us

If you have any questions about these Terms and Conditions, please contact us at:

Email: info@vistocapital.com