You should review these Terms regularly as they may change at any time at the sole discretion of Intelitics Inc. Intelitics Inc will provide notice prior to any new terms taking effect.
If you do not agree to any portion of these Terms, you should not access or otherwise use the Website. “Content” refers to any text, materials, documents, images, graphics, logos, design, audio, video and any other information provided from or on, uploaded to and/or downloaded from the Website.
1. CONVENIENCE AND INFORMATION ONLY; AGE REQUIREMENT.
- By merely providing access to the Website, Intelitics Inc does not warrant or represent that: (a) the Content is accurate, complete, up-to-date or current; (b) Intelitics Inc has any obligation to update any Content; (c) the Content is free from technical inaccuracies or typographical errors; (d) that the Content does not infringe on the intellectual property rights of any third party; (e) that the Content is free from changes caused by a third party; (f) your access to the Website will be free from interruptions, errors, computer viruses or other harmful components; and/or (g) any information obtained in response to questions asked through, or postings made on, the Website is accurate or complete. Your use of the Website and the services offered therein are subject to federal law, the law of the state where Intelitics Inc maintains your Account, or, if Intelitics Inc transfers your Account to another location, where Intelitics Inc currently maintains your Account (“Applicable Law”).
- You affirm that you are either 21 years of age or older, or have reached the legal age of maturity in your jurisdiction, whichever is greater, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, you affirm that you are over the age of 13, as THE WEBSITE IS NOT INTENDED FOR CHILDREN UNDER 13 THAT ARE UNACCOMPANIED BY HIS OR HER PARENT OR LEGAL GUARDIAN.
2. SITE USE AND CONTENT
You shall not use, modify, copy, print, display, reproduce, distribute or publish any information from the Website without the express, prior, written consent of Intelitics Inc.
- NO WARRANTIES; INDEMNIFICATION YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE, THE ONLINE SERVICE AND THE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. Intelitics Inc PROVIDES THE WEBSITE AND THE ONLINE SERVICE ON A COMMERCIALLY REASONABLE BASIS AND Intelitics Inc MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE WEBSITE, THE ONLINE SERVICE, THE CONTENT OR ANY SERVICES OFFERED IN CONNECTION WITH THE WEBSITE ARE OR SHALL REMAIN UNINTERRUPTED OR ERROR-FREE, THE CONTENT SHALL BE NON-INFRINGING ON ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS, THAT DEFECTS SHALL BE CORRECTED, THAT THE WEB PAGES ON THE WEBSITE, THE ONLINE SERVICE, ANY ELECTRONIC COMMUNICATION OR THE SERVERS USED IN CONNECTION WITH THE WEBSITE ARE OR SHALL REMAIN FREE FROM ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY PERSON USING THE WEBSITE WILL BE THE PERSON THAT HE OR SHE REPRESENTS HIMSELF OR HERSELF TO BE. Intelitics Inc DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE AND/OR THE ONLINE SERVICE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT Intelitics Inc SHALL HAVE ADEQUATE CAPACITY FOR THE WEBSITE AND/OR THE ONLINE SERVICE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA
- INDEMNIFICATION You agree to defend, indemnify and hold Intelitics Inc and its affiliates, subsidiaries, owners, directors, officers, employees and agents harmless from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses and costs (including without limitation reasonable attorneys’ fees) assessed or incurred by Intelitics Inc, directly or indirectly, with respect to or arising out of: (i) your failure to comply with these Terms; (ii) your breach of your obligations under these Terms; (iii) your use of the rights granted here under, including without limitation any claims made by any third parties; (iv) your violation of any third party right, including without limitation any copyright, property, or privacy right, and/or (v) your violation of any applicable law, rule, or regulation.
4. LIMITATION OF LIABILITY
- Intelitics Inc’s entire liability and your exclusive remedy with respect to the use of the website, the online service and/or any service provided in connection with the website shall be to cease using the website and to request any of your personal data in Intelitics Inc’s possession, if any, to be sent to you, revised, or deleted, which requires you to contact our privacy officer at firstname.lastname@example.org
- In no event will Intelitics Inc be liable for any direct, indirect, incidental, special, exemplary, punitive or consequential damages arising from your use of the website and/or any service provided in connection with the website, the online service and/or any service provided in connection with the website, or for any other claim related in any way to your use of the website, the online service and/or any service provided in connection with the website, including, but not limited to, (a) errors, mistakes, or inaccuracies of content, (b) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the website, the online service and/or any service provided in connection with the website, (c) any unauthorized access to or use of our computer servers and/or any and all personal information and/or financial information stored therein, (d) any interruption or cessation of transmission to or from the website, the online service and/or any service provided in connection with the website, and/or (e) any viruses, worms, time bombs, drop dead devices, trojan horses or other harmful components that may be transmitted to or through the website, the online service and/or any service provided in connection with the website by any third party or for any loss or damage of any kind. because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions Intelitics Inc”s liability will be limited to the greatest extent permitted by law.
6. THIRD PARTY CONTENT
- Intelitics Inc may provide hyperlinks to other websites maintained by third parties, or Intelitics Inc may provide third party content on the Website by framing or other methods. The links to third party websites are provided for your convenience and information only. The content on any linked website is not under Intelitics Inc’s control and Intelitics Inc is not responsible for the content of linked websites, including any further links contained in a third party website. If you decide to access any of the third party websites linked to the website, you do so entirely at your own risk.
- If a third party links to the Website, it is not an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with Intelitics Inc. In most cases, Intelitics Inc is not even aware that a third party has linked to the Website. A Website that links to the Website: (i) may link to, but not replicate, Intelitics Inc’s Content; (ii) may not create a browser, border environment or frame Intelitics Inc’s Content; (iii) may not imply that Intelitics Inc is endorsing it or its products; (iv) may not misrepresent its relationship with Intelitics Inc; (v) may not present false or misleading information about Intelitics Inc’s products or services; and (vi) should not include content that could be construed as distasteful, offensive or controversial, and should contain only Content that is appropriate for all age groups.
- You acknowledge and agree that Intelitics Inc shall not be responsible or liable, directly or indirectly, for any damage or loss caused, or alleged to be caused by, or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services. Intelitics Inc strongly advises you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
7. COPYRIGHT AND TRADEMARKS
The trademarks, service marks and logos used and displayed on the Website are Intelitics Inc’s or its subsidiaries’ or affiliates’, registered and unregistered trademarks. Intelitics Inc is the copyright owner or authorized licensee of all text and all graphics contained on the Website. All trademarks and service marks of Intelitics Inc that may be referred to on the Website are the property of Intelitics Inc. Other parties’ trademarks and service marks that may be referred to on the Website are the property of their respective owners. Nothing on the Website should be construed as granting, by implication, estoppels or otherwise, any license or right to use any of Intelitics Inc’s trademarks or service marks without Intelitics Inc’s prior written permission. Intelitics Inc aggressively enforces its intellectual property rights. Neither the name of Intelitics Inc nor any of I Intelitics Inc other trademarks, service marks or copyrighted materials may be used in any way, including in any advertising, hyperlink, publicity or promotional materials of any kind, whether relating to the Website or otherwise, without Intelitics Inc’s prior written permission, except that a third party Website that desires to link to the Website and that complies with the requirements of Paragraph 7(b) above may use the name “Intelitics Inc” in or as part of that URL link. If you believe that any Content on the Website violates any intellectual property right of yours, please contact Intelitics Inc at the address, email address or telephone number set forth at the bottom of these Terms.
8. LOCAL LAWS
Intelitics Inc makes no representation that content or materials in the Website are appropriate or available for use in jurisdictions outside the United States. Access to the Website from jurisdictions where such access is illegal is prohibited. If you choose to access the Website from other jurisdictions, you do so on your own initiative and are responsible for compliance with applicable local laws. Intelitics Inc is not responsible for your violation of any applicable law, rule, or regulation. You may not use or export the Content or materials in the Website in violation of U.S. export laws and regulations.
Any dispute arising out of or related to this Agreement shall be resolved by arbitration before a single arbitrator. Arbitration shall be conducted in accordance with California Code of Civil Procedure section 1280 ET. seq. All arbitration-related hearings shall be conducted in Orange County, CA before ADR Services, Inc. The arbitrator shall be from the Southern California area and the arbitrator will be selected by the mutual agreement of the Parties. If the parties cannot agree on a single arbitrator, then the arbitrator shall be selected in accordance with the then in effect rules of ADR Services, Inc. Once selected, the Arbitrator shall be empowered to hear and resolve any and all issues related to, arising from, based upon or in any way related to the dispute, whether based in law or equity. The Arbitrator shall issue rulings, decisions, orders, judgments and permanent injunctions as applicable and appropriate. The prevailing party in said arbitration shall be awarded, Attorney’s fees and costs as well of the costs of the arbitrator. If a party is files a motion or petition to compel arbitration, then the prevailing party in said motion or petition shall be awarded interim attorney’s fees and costs related to the motion or petition.
10. CHOICE OF LAW
This Agreement will be governed by and construed in accordance with the laws of the State of California, notwithstanding the actual state or country of residence or incorporation of the parties. The parties consent to arbitrate exclusively in Orange County for all actions arising out of or related to this Agreement. THE PARTIES HEREBY AGREE TO WAIVE THEIR RIGHT TO A JURY TRIAL.
12. TERMINATION OF SERVICE
We may terminate your access to the Website at any time, without notice, for conduct that we believe violates these Terms and/or is harmful to other users of the Website, to Intelitics Inc, to the business of the Website’s Internet service provider, or to other information providers.