Effective January 1, 2020
You acknowledge and agree that INTELITY representatives will have access to your account and records as necessary to investigate complaints and to ensure that INTELITY is able to provide high-quality services that are responsive to Users’ needs.
Account Registration; Provide Accurate Information.
You agree to provide true, accurate, current and complete information about yourself as requested in the Service registration forms (the “Registration Data”). You agree to update the Registration Data to keep it current and accurate. If you choose to use language (i.e. a user name) that, in INTELITY’s sole discretion, is obscene, indecent, offensive, or abusive or that might otherwise be objectionable or inappropriate, we reserve the right without prior notice to you to delete or change the offending language. By accessing or using the Service, you represent and warrant that you are not prohibited from receiving products of U.S. origin, including services or software.
Guard Your Password; Use of Your Account.
As part of completing the registration process, you will create and set a password. You are responsible for maintaining the confidentiality of your password and account, and you are fully responsible for all activities that occur under your password or account. In the event of any unauthorized use of your password or account or any other breach of security, you must notify INTELITY immediately and promptly change your password. When using INTELITY’s App, we may also require you to create a personal identification number (“PIN”) in order to access the application after you have logged in with your password.
Obey the Law; Limitations on Use.
Permitted Use of Content.
Restrictions on Use of Content.
Except as explicitly and expressly permitted by the INTELITY, you are strictly prohibited from creating works or materials (including but not limited to fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards, montages, mash-ups and similar videos, greeting cards and unlicensed merchandise) that derive from or are based on the Content. This prohibition applies regardless of whether the derivative works or materials are sold, bartered or given away. You may not either directly or through the use of any device, software, internet site, web-based service or other means remove, later, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection, security protocol or access control measure associated with the Content. Furthermore, you may not create, recreate, distribute or advertise an index of any significant portion of the Content unless authorized by INTELITY. You may not build a business utilizing the Content, whether or not for profit.
The Platform owned and operated by INTELITY. Except as otherwise expressly permitted in writing by INTELITY, no materials from the Platform or any website owned, operated, licensed or controlled by INTELITY may be copied, reproduced, republished, uploaded, posted, transmitted, hyperlinked, or distributed in any way. You may not distribute, modify, transmit, reuse, repost, link or use the content of this Platform for public or commercial purposes, including the text, images, audio, and video without INTELITY’s written permission.
All trademarks, services marks, trade names, logos, icons and domain names located on the Platform are the property of INTELITY. Nothing contained on this Platform should be construed as granting, by implication or otherwise, any license or right to use any trademark, service mark, trade name, logo, icon and domain name displayed on the Platform without the written permission of INTELITY or third-party that may own such marks or names displayed on the Platform. Your use of the trademarks, service marks, trade names, logos, icons and domain names displayed on the Platform or any other content on the Platform, except as provided herein, is strictly prohibited. Images displayed on the Platform are either the property of, or used with permission by, INTELITY. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted in writing by INTELITY. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Copyright Infringement. If you believe that content you own has been used on the Service in a way that violates your copyright or other intellectual property rights, please provide INTELITY’s Copyright Agent (contact information below) with a Notice (Notice) including the following information:
(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(ii) a description of the copyrighted work or other intellectual property that you claim has been infringed;
(iii) a description of where the material that you claim is infringing is located on the site;
(iv) your address, telephone number, and email address;
(v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
(vi) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
INTELITY’s Designated Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
c/o INTELITY, Inc.
600 Wilshire Blvd., Suite 700
Los Angeles, CA 90017
By email: email@example.com
The Platform is hyperlinked to other websites which are not maintained or controlled by INTELITY. INTELITY is not responsible for the content of those websites. The inclusion of any hyperlinks to such websites does not imply approval of or endorsement by INTELITY of those websites, their content or their products and services. If you have difficulty linking to any hyperlinked websites or to report a dead (non-working) link, please send us an e-mail at: firstname.lastname@example.org.
The information and descriptions contained on the Platform are not intended to be complete descriptions of all terms, exclusions and conditions applicable to every product or service offered by INTELITY but are provided ‘as is’ and for general informational purposes. INTELITY makes no representations or warranties that the materials are suitable for your needs, are complete, timely, reliable, or are free from errors, inaccuracies or typographical mistakes. INTELITY does not warrant that the Platform will operate error free or free from viruses, worms, Trojan horses or other destructive or harmful code. INTELITY also assumes no responsibility, and shall not be liable for, any damages to your computer equipment or other property as a result of your access to, use of, or browsing the Platform or your downloading of any materials, data, text, images, video, or audio from the Platform, or arising in connection with any failure of performance, error, omission, interruption, defect, computer virus, delay in operation or transmission, or line or system failure.
INTELITY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
To the maximum extent provided by law INTELITY shall not be liable to you for damages of any kind whatsoever including, but not limited to, direct, indirect, consequential, special, incidental, including without limitation, lost profits or damages resulting from lost data or business interruption, or punitive damages of any kind whatsoever that may result from your use of or inability to use the Platform or the materials or services provided on the Platform or the products or services received from the Platform. Exemptions of implied warranties may not be allowed in all jurisdictions.
The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures (“Rules”), except to the extent they conflict with the express provisions of this paragraph. A single independent arbitrator shall conduct the arbitration. The parties shall endeavor to select the independent arbitrator by mutual agreement. If such agreement cannot be reached within thirty (30) days after a dispute has arisen which is to be decided by arbitration, the selection of the arbitrator shall be made in accordance with the Rules as then in effect. The arbitrator may, in his/her discretion, award to any party specific performance or injunctive relief (the foregoing is not intended to limit INTELITY’s access to the courts to the extent provided below). The arbitrator may not change, modify, or alter any express condition, term, or provision of this Agreement or the extent the scope of their authority is expressly limited. Except as provided in the Federal Arbitration Act, the arbitration award will be final and binding upon the parties and no appeal of any kind may be taken. Judgment may be entered thereon in any court having jurisdiction thereof. Each party shall be entitled to inspect and obtain a copy of non-privileged relevant documents in the possession or control of the other party. All such discovery shall be in accordance with procedures approved by the arbitrator. Unless otherwise provided in the award, each party shall bear its own costs of discovery. The parties shall bear equally the cost of the arbitration, except that the prevailing party shall be entitled to an award of reasonable attorneys’ fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator. The statute of limitations applicable under California law to the commencement of a lawsuit shall apply to the commencement of arbitration hereunder. Anything in the foregoing paragraph to the contrary notwithstanding, INTELITY may seek injunctive relief in any court having jurisdiction over the parties to enjoin or prevent any action you take or threaten to take in violation of this Agreement.
You acknowledge that any software available or provided to you on the Platform may contain technology that is subject to strict controls by various agencies of the United States Government pursuant to United States export control laws and regulations. You hereby agree that you will not transfer or export such software from the United States (including, for example, providing such software to any foreign person or entity in the United States) or re-export such software outside the United States in violation of United States export laws and regulations. INTELITY does not authorize the downloading or exportation of any software or technical data from the Platform to any jurisdiction prohibited by the United States export controls laws and regulations.
You must be 18 years of age or older to use the Service. If you are between the ages of 13 and 17, you may use the Service only with involvement and consent of a parent or guardian. INTELITY reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. Parents and legal guardians should supervise their children’s use of the Service and communicate regarding appropriate materials for use and viewing by their children. Note to parents: If you have any concerns about the Service, please contact us at email@example.com.
600 Wilshire Boulevard, Suite 700
Los Angeles, CA 90017
Attention: Legal Department
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