For almost 20 years, our mission has been to make the account opening process effortless (and fully customizable) for credit unions, banks, their members, and customers.
Because adapting to industry should also propel your financial institution's growth.
Real-time Integrations
Check out our ever-expanding list of integrations. From core processors to electronic signatures to decision support systems – the most complete, fast, and real-time industry solutions.
Integrated Decision Engine
You have control over approval rule setup for each of your workflows and products- putting the power of fraud services and risk configuration at your fingertips.
Save time with Automation
Automating tasks gives you the confidence that key items will be completed, always on time. From approval sequencing to automatic decisioning, all automated, faster, and with less human error.
~ 4 min app completion
We credit our record time application completion speed with your ability to customize your customer experience and the ease with which the application process is completed.
Increase conversion rate
Our tight platform integration and branding makes this the most effective way to increase your new account opening as evidenced by some of our recent reviews.
Best Value
Only Pay for Submitted Applications. Costs for supporting and developing account opening technology continues to climb. Maximize your investment in Account Opening and maintain an up-to-date user interface at a competitive cost.
Fully Custom.
Custom Layouts • Forms • Sequences • Integrations and More!
Whether you customize to your branding, or simply decide to run with our platform setup- You are always in control! Our team of creatives and consultants is also available to guide you along the way and get you online in record time.
Build Way Beyond Templates.
Everything your team needs from an account opening partner.
New Release
Get What You Want, When You Want it.
With multiple scheduled releases per year, our system only gets better with a new and improved features, integrations, and much more based on the markets' ever-changing needs!
Integrate seamlessly with 50+ industry-leading providers.
›
What some of our customers are saying...
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“Improved cross sell efficiency and closing 77% of loan amounts offered to online applicants adding a significant increase to loan revenue”
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“Increased account opening 40% through ACCOUNTworks over the past 24 months and substantially increased funding sum for accounts.”
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“fiVISION has provided a platform for us to standardize the process by which accounts are opened across our channels (online and in-branch) saving 15 minutes per application in the total process, and most importantly improving and ensuring accuracy for the account opening process steps. Email functionality is also a tremendous help in our on boarding process to maintain communication with new customers.”
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“The fiVISION account opening launch to over 1,000 branch service representatives was one of the best, if not the best, project deliveries we (FI) have experienced. Representative were trained and the rollout to all reps was successfully completed in under a week opening new account through Instant Open the first week.”
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“The fiVISION team was impressively responsive during our project and provided custom solutions we could not find with any other vendor/partner. fiVISION provided us solutions to problems even some we did not know we needed and that provides value to our customers. fiVISION can execute, a real strength!”
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“fiVISION’s Management Console is very intuitive and provides a quick ramp up for our msr’s after our conversion. We were convinced after our first meeting that fiVISION was the right vendor for our credit union and the success of our project was proof.”
Request a Demo
fiVISION - Privacy Policy
Last modified: Feb 1st, 2022
Introduction:
Financial Vision, LLC (“fiVISION”, “us” or “we”) respects your privacy and is committed to protecting it through our compliance with this Privacy Policy (the “Policy”).
This Policy describes the types of information we may collect from you or that you may provide when you visit the website http://fivision.com/ (our “Website”) and our practices for collecting, using, maintaining, protecting, and disclosing that information.
This Policy applies to information we collect:
On our Website where this Policy is posted.
In email, text, and other electronic messages between you and this Website.
When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy.
It does not apply to information collected by:
Us offline or through any other means, including on any other website operated by fiVISION or any third party (including our affiliates and subsidiaries); or
Any third party (including our affiliates and subsidiaries), including through any application or content that may link to or be accessible from or on the Website.
This Policy is incorporated by reference into the Terms of Service to which you agreed upon entering the Website, registering with us, requesting a quote, or signing up for our services. Please read this Policy carefully to understand our policies and practices regarding your information and how we will treat it. By accessing or using this Website, you agree to this Policy. If you do not agree with this Policy, please do not to use our Website. This Policy may change from time to time. Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check this Policy periodically for updates.
This Policy explains:
1. Children Under the Age of 16
2. Information We Collect About You
3. How We Collect Information
4. Cookies and Automatic Data Collection Technologies
5. Third-Party Use of Cookies and Other Tracking Technologies
6. How We Use Your Information
7. Disclosure of Your Information
8. Choices About How We Use and Disclose Your Information
9. Accessing and Correcting Your Information
10. Your California Privacy Rights
11. Data Security
12. Changes to Our Privacy Policy
13. Contact and Opt-Out Information
14. Sole Statement
1. Children Under the Age of 16
Our Website is not intended for children under 16 years of age. No one under age 16 may provide any information to or on the Website. We do not knowingly collect personal information from children under 16. If you are under 16, do not use or provide any information on this Website or on or through any of its features, register on the Website, make any purchases through the Website, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us at:
fiVISION
5225 Exploration Drive, Indianapolis, IN 46241
317.612.3350
marketing@fivision.com
(317) 612.3351
California residents under 16 years of age may have additional rights regarding the collection and sale of their personal information. Please see
2. Information We Collect About You
We may collect, use, store and transfer several types of information from and about users of our Website which we have grouped together as follows:
Identity Information
Information by which you may be personally identified and any other identifier by which you may be contacted online or offline is considered “Personal Information.”
We also collect, use and share “Aggregated Information” such as statistical or demographic information for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your usage information to calculate the percentage of users accessing a specific feature of the Website. However, if we combine or connect Aggregated Information with your personal information so that it can directly or indirectly identify you, we treat the combined data as personal information which will be used in accordance with this Policy.
We do not collect any Special Categories of Personal Information about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.
3. How We Collect Information
We use different methods to collect data from and about you including through:
Direct Interactions. The information we collect on or through our Website may include information directly provided to us by you, including:
Information that you provide by filling in forms on our Website. This includes information provided at the time of registering to use our Website, subscribing to our services, or requesting a quote or further services. We may also ask you for information when you report a problem with our Website.
Records and copies of your correspondence (including email addresses) if you contact us.
Details of transactions you carry out through our Website and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Website.
Your search queries on the Website.
Third parties or publicly available sources. We may receive information about you from third parties including, for example, business partners, sub-contractors, advertising networks, analytics providers, search information providers, data brokers or aggregators
Automated technologies or interactions. As you interact with our Website, we may automatically collect technical data about your equipment, browsing actions and patterns as specified above. We collect this information by using cookies and other similar technologies.
4. Cookies and Automatic Data Collection Technologies
Our Website uses cookies (small files placed on your device) or other automatic data collection technologies to distinguish you from other Website users. This helps us deliver a better and more personalized service when you browse our Website. It also allows us to improve our Website by enabling us to:
Estimate our audience size and usage patterns.
Store your preferences so we may customize our Website according to your individual interests.
Speed up your searches.
Recognize you when you return to our Website.
We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (“behavioral tracking”).
Certain internet browsers may offer you the option of providing notice to websites that you do not wish for your online activities to be tracked for preference-based advertising purposes (“DNT Notice”). Some browsers are, by default, set to provide a DNT Notice, whether that reflects your preference. Please note that with respect to our Website, we do not take any action based on browser based DNT Notices. If you do not wish to participate in preference-based advertising activities, you should follow the opt-out process described in
You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting, certain parts of our Website may become inaccessible and certain features may not work correctly. Unless you adjust your browser settings to refuse cookies, our system will issue them.
Certain features of our Website may use Flash cookies (local stored objects) instead of browser cookies to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies and browser cookies use different management tools and you must manage their settings separately.
Our Website pages and e-mails may contain web beacons (small transparent embedded images or objects, also known as clear gifs, pixel tags, and single-pixel gifs) that permit us, for example, to count website page visitors or email readers, or to compile other similar statistics such as recording website content popularity or verifying system and server integrity.
5. Third-Party Use of Cookies and Other Tracking Technologies
Some content or applications, including advertisements, on the Website are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our Website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites, and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.
We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.
6. How We Use Your Information
We use information that we collect about you or that you provide to us, including any personal information:
To present our Website and its contents to you.
To provide you with information, products, or services that you request from us.
To fulfill any other purpose for which you provide it.
To provide you with notices about your account.
To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
To notify you about changes to our Website or any products or services we offer or provide though it.
In any other way we may describe when you provide the information.
For any other purpose with your consent.
We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.
7. Disclosure of Your Information
We may disclose personal information that we collect or you provide as described in this Policy:
To our subsidiaries and affiliates.
To business partners, contractors, service providers, and other third parties we use to support our business and who obligated to keep personal information confidential and use it only for the purposes for which we disclose it to them.
To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of fiVision’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by fiVision about our Website users is among the assets transferred.
To third parties to market their products or services to you if you have not opted out to these disclosures.
To fulfill the purpose for which you provide it.
For any other purpose disclosed by us when you provide the information.
With your consent.
[ANY OTHER THIRD-PARTY DISCLOSURES?]
We may also disclose your personal information:
To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
To enforce or apply our Terms of Service and other agreements, including for billing and collection purposes.
If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of fiVision, our customers, or others.
We may disclose, without restriction, aggregate information about our users, and information that does not identify any individual and non-personal information.
8. Choices About How We Use and Disclose Your Information
We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:
Promotional Offers from the Company.
We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way you can opt-out of receiving personalized ads from advertisers and ad networks that are members of the Network Advertising Initiative (“NAI”) or who follow the DAA Self-Regulatory Principles for Online Behavioral Advertising using their respective opt-out tools. The NAI’s opt-out tool can be found here and the DAA’s opt out tool can be found here.
Links to Third-Party Websites. Our Website may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates, or plug-ins enabling third-party features. If you follow a link to any third-party website or engage a third-party plug-in, please note that these third parties have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these third parties.
9. Accessing and Correcting Your Information
To review or change your personal information contact fiVISION at marketing@fivision.com.
Your California Privacy Rights
California residents may also have additional personal information rights and choices. California “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact us at marketing@fivision.com.
11. Data Security
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.
12. Changes to Our Privacy Policy
It is our policy to post any changes we make to our Policy on this page. The date the Policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this Policy to check for any changes.
13. Contact and Opt-Out Information
You may contact us as provided below if: (a) you have questions or comments about our Policy; (b) wish to make corrections to any personally identifiable information you have provided; (c) want to opt-out from receiving future commercial correspondence, including emails, from us or our affiliated companies; or (d) wish to withdraw your consent to sharing your personally identifiable information with others.
fiVISION
5225 Exploration Drive, Indianapolis, IN 46241
p:317.612.3350
marketing@fivision.com
f:317.612.3351
We will respond to your request and, if applicable and appropriate, make the requested change in our active databases as soon as reasonably practicable. Please note that we may not be able to fulfill certain requests while allowing you access to certain benefits and features of our Website.
14. Sole Statement
This Policy as posted on this Website is the sole statement of our Policy with respect to this Website, and no summary, modification, restatement or other version thereof, or other privacy statement or policy, in any form, is valid unless we post a new or revised policy to the Website.
fiVISION - Terms of use
FINANCIAL VISION, LLC TERMS OF SERVICE
Last Modified: Feb 1st, 2022
Acceptance of the Terms of Service
These Terms of Service are entered into by and between Financial Vision, LLC and related and affiliated entities (collectively “fiVISION”, “us” or “we”). The following terms and conditions, together with our Privacy Policy and any other general privacy documents (collectively, these “Terms of Service”), govern your access to and use of the websites that post a link to these Terms of Service: http://fivision.com/ (our “Website”), applications, or other services we offer where these Terms of Service are posted, including any content, features, functionality, and services offered on or through the same, that we make available to you (collectively, the “Services”), whether as a guest or a registered user and regardless of how you access or use it, whether via computer, mobile device or otherwise.
Please read the Terms of Service carefully before you start to use the Services.
BY USING THE SERVICES OR BY CLICKING TO ACCEPT OR AGREE TO THE TERMS OF SERVICE WHEN THIS OPTION IS MADE AVAILABLE TO YOU, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF SERVICE AND OUR PRIVACY POLICY, FOUND ON OUR WEBSITE INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT WANT TO AGREE TO THESE TERMS OF SERVICE OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE SERVICES.
The Services are offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
Changes to the Terms of Service
We may revise and update these Terms of Service from time to time in our sole discretion. Unless we state otherwise, all changes are effective upon notice and apply to all access to and use of the Services thereafter. However, any changes to the provisions set forth in Governing Law and Jurisdiction (section 23 below) will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Services.
Your continued use of the Services following posting of revised Terms of Service means that you accept and agree to the changes.
Your Privacy
All information that you provide to us or that we collect through your use of the Services is subject to our Privacy Policy found on our Website. By using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Accessing and Using the Services
We reserve the right to withdraw or amend the Services, including any content, information, or other materials we provide through or in connection with the Services (“Service Content”) in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services or Service Content is unavailable at any time or for any period. From time to time, we may restrict access to some or all parts of the Services or Service Content.
To access the Services, you may be asked to create an account by providing certain registration details or other information. Regardless of whether you register with us or use the Services as a guest, it is a condition of your use of the Services that all the information you provide on the Services is correct, current and complete.
If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security.
We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service.
Mobile Device Access
To the extent you access the Services through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain mobile services or applications may be prohibited or restricted by your carrier, and not all mobile services or applications may work with all carriers or devices. In the event you change or deactivate your mobile telephone number, you agree to promptly update your fiVISION account information.
Intellectual Property
The Services and Service Content and all rights therein are owned by fiVISION, its licensors or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
Subject to your compliance with these Terms of Service, fiVISION grants you a limited, revocable, non-exclusive and non-transferable license in the United States to access and use the Services and Service Content solely for your personal, non-commercial use. No right, title or interest in or to the Services or any Service Content is transferred to you, and all rights not expressly granted are reserved by fiVISION and its licensors. Any use of the Services and/or Service Content not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.
You must not:
Modify the Services or any Service Content; or
Delete or alter any copyright, trademark or other proprietary rights notices from the Services or any Service Content.
Trademarks
The fiVISION name and the fiVISION logo and all related names, logos, product and service names, designs and slogans are trademarks of fiVISION or its licensors. You must not use such marks without the prior written permission of fiVISION. All other names, logos, product and service names, designs and slogans on the Services are the trademarks of their respective owners.
User Conduct
You may use the Services and Service Content only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Services or Service Content:
In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services or Service Content, or which, as determined by us, may harm fiVISION or users of the Services or expose them to liability.
Use the Services in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services.
Use any robot, spider or other automatic device, process or means to access the Services for any purpose, including monitoring or copying any Service Content.
Use any manual process to monitor or copy any Service Content 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 Services.
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 Services, the servers on which the Services or Service Content are stored, or any server, computer or database connected to the Services.
Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
To impersonate or attempt to impersonate fiVISION, a fiVISION employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
Otherwise attempt to interfere with the proper working of the Services.
Monitoring and Enforcement; Termination
We have the right to:
Disclose your identity or other information about you to any third party who claims that material posted by you through or in connection with your use of the Services is defamatory or otherwise violates their rights, including their intellectual property rights or their right to privacy.
Disclose your identity or other information about you to any third party who claims that any act or omission attributable to you violates its rights, applicable law, or these Terms of Service.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms of Service.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services or otherwise in any way related to your use of the Services. YOU WAIVE AND HOLD HARMLESS FIVISION AND ITS AFFILIATES, BUSINESS PARTNERS, LICENSORS AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
Reliance on Information Posted
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
The Services may include content provided by third parties, including materials provided by other users and third-party licensors. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by fiVISION, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of fiVISION. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Services
We may update the Service Content from time to time, but the Service Content is not necessarily complete or up-to-date. Accordingly, any of the Service Content may be out of date at any given time, and we are under no obligation to update such material.
Other Terms and Conditions
Additional terms and conditions may also apply to specific portions, services or features of the Services. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Service.
Idea Submission Policy
Other than those we have specifically requested (and to which specific additional terms apply), our policy is not to accept or consider ideas or suggestions submitted by our users. We have adopted this policy in order to avoid confusion and misunderstandings in case that your ideas, suggestions, or other materials are similar to ones that have developed (or may develop) independently. Therefore, we are not responsible for any ideas, suggestions, or materials submitted to us. If you still choose to send us ideas, suggestions, or other materials, you agree that we are free to use these ideas, suggestions, or other materials in any way that it may deem fit without any liability or payment of any kind to you.
Third Party Sites and Services
The Services may link to or may be accessed in connection with other sites, services, or resources that are provided by third parties. These links or the ability to access other sites, services, or resources from the Service are provided for your convenience only. We have no control over the content of those sites, services, or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party sites, services, or resources linked to or otherwise accessible from the Services, you do so entirely at your own risk and subject to the terms and conditions of use and privacy policies for such sites.
Geographic Restrictions
The owner of the Services is based in the state of Indiana in the United States. We make no claims that the Services or any of its content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE SERVICES, ITS CONTENT, AND ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER FIVISION NOR ANY PERSON ASSOCIATED WITH FIVISION MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER FIVISION NOR ANYONE ASSOCIATED WITH FIVISION REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THIS DISCLAIMER DOES NOT APPLY TO USER CONTRIBUTIONS PROVIDED BY YOU.
FIVISION HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL FIVISION, ITS AFFILIATES, BUSINESS PARTNERS, 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 SERVICES, SERVICE CONTENT, OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES, 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. IN NO EVENT WILL FIVISION’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES EXCEED THE GREATER OF (1) THE AMOUNT YOU HAVE PAID TO FIVISION IN THE LAST TWELVE (12) MONTHS; OR (2) FIVE-HUNDRED DOLLARS ($500 U.S.).
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification and Release
You agree to indemnify and hold harmless fiVISION and its and respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Service or your use of any information obtained from the Services.
If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
Governing Law and Jurisdiction
All matters relating to the Services and these Terms of Service and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Indiana without giving effect to any choice or conflict of law provision or rule (whether of the State of Indiana or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the Services shall be instituted exclusively in the state or federal courts of Indiana although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Service in your state or country of residence. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect. So, for example, if a provision in these terms is found to be unenforceable, we agree an arbitrator (or, if permitted, a court) shall only strike that provision and that the remaining terms of these Terms of Service shall remain in force.
No Assignment; Waiver and Severability
You may not assign these Terms of Service without fiVISION’s prior written consent and any purported assignment in violation of these Terms of Service shall be void.
No waiver of by fiVISION of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of fiVISION to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
Entire Agreement
The Terms of Service (including our Privacy Policy and any other Additional Terms incorporated by reference) constitute the sole and entire agreement between you and fiVISION with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Services.
Notices to You
We may provide notice to you either by posting on our Website, sending a general notice to you through the Services, notifying you by email, or by sending you notice through first-class or regular mail. Unless our notice to you states otherwise, such notices shall be deemed to have been given (a) twenty-four (24) hours after such notice is posted on our website, sent by email, or sent through the Services, or (b) forty-eight (48) hours after mailed (if sent by first class regular mail).
Notices to Us and Your Comments and Concerns
All legal notices to fiVISION should be sent by certified or registered mail, return receipt requested, postage prepaid. Such notice shall be effective upon receipt by us.
All other feedback, comments, requests for customer or technical support, and other communications relating to the Services should be directed to
fiVision
5225 Exploration Drive, Indianapolis, IN 46241
317.612.3350
marketing@fivision.com
All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in Section 13 above.