Terms and conditions - Intellect Data

INTELLECT DATA, INC.

USER TERMS AND CONDITIONS

These Terms and Conditions of Service (“Terms") govern your access to and use of the websites, applications, products, and services (collectively, the “Services”) offered by Intellect Data, Inc., a Colorado corporation (“IntellectData”, “we” or “us”).  Please read these Terms carefully before using the Services. By accessing or using any part of our Services, you (“User”, “you” or “your”) agree to be bound by these Terms and by our Privacy Policy (“Privacy Policy”). The Privacy Policy is hereby incorporated into these Terms by reference as if set forth herein. 

A. Registering an Account. Creating an account lets utilize the Services. By creating an account, you represent and warrant that you are legally able to enter into these Terms, are over the age of 18, and will only utilize the Services in compliance with the Terms herein. 

When you create your account, you may be asked to provide certain payment information, such as credit card information, bank routing number, or other financial information, which allows IntellectData to receive payments through your account and remit payments to Publishers based on your use of the Services. IntellectData uses a third party to collect, store and utilize this payment information.  You must provide us with accurate and complete information. Failure to provide accurate information may limit the functions and features available, and the termination of your account. 

Notwithstanding the foregoing, you are responsible for maintaining adequate security and control of any and all passwords, personal identification numbers (PINs), or any other codes that you use to access the Services. You are responsible for keeping your mailing address, email address, bank information, and all other personal information up-to-date in your IntellectData account. IntellectData will not be responsible for any credit card over-limit fees, returned payment fees, foreign transaction fees, debit card processing fees, or any other transaction fees associated with the payment option you choose when creating your account.   

B. License and Contributions. Subject to these Terms, the Privacy Policy, and your registration of an account, we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services for the purpose of utilizing the Services. Portions of our Services include software that may be downloaded to your computer, phone, tablet, or other devices. You agree that we may automatically upgrade those portions of the Services, and these Terms will apply to such upgrades. You do not have permission to distribute any other information from the Services through any medium.

By entering your payment information and agreeing to pay for Services, you authorize IntellectData, through its third-party processor to charge your credit card, debit card, or other payment option in the amount you agreed to for the Services.  You have the option through your IntellectData account to modify the Services during the applicable billing period. IntellectData reserves the right to change the applicable billing period. If IntellectData does change the billing period, IntellectData agrees to notify all affected parties.

IntellectData owns all intellectual property rights in the Services. Utilizing the Services does not entitle any User to any further license or proprietary rights to the Services. Any attempt by a User to (i) claim ownership of the Services; (ii) tamper with the Services; (iii) alter, enhance, or make derivative works or otherwise modify the Services; (iv) reverse engineer, or make any attempt to discover the source code or object code or methodology of the Services; (v) use any part of the Services to develop or market a similar service; or (vi) use any part of the Services beyond the limited purposes set forth herein, will result in the immediate termination of the User’s IntellectData account. Notwithstanding the foregoing, IntellectData reserves the right to pursue any and all legal remedies to safeguard its intellectual property rights.     

C. IntellectData Representations and Warranties. IntellectData represents and warrants that the Services will be accessible to Users in accordance with the specifications set forth herein.  THE FOREGOING REPRESENTATIONS AND WARRANTIES ARE THE SOLE AND EXCLUSIVE REPRESENTATIONS AND WARRANTIES MADE BY INTELLECTDATA. INTELLECTDATA PROVIDES THE SERVICES “AS IS.” INTELLECTDATA EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL OTHER REPRESENTATIONS, AND WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

D. Your Data. Subject to these Terms and the Privacy Policy, IntellectData may collect personal information to provide the Services, and aggregated personal information and usage data for any business purpose, including, without limitation, system improvement, efficiency and use tracking, system optimization, and internal report generation. Any personal, identifying information will remain your property. Any aggregated and anonymized data shall be the exclusive property of IntellectData. Following termination or deactivation of your account, we may retain your user data for a commercially reasonable period of time for backup, archival, or audit purposes and for any other purposes granted to us under these Terms. We are compliant with General Data Protection Regulation (GDPR). While we work to protect the security of your data and account, we cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account. Details regarding your data can be found in the Privacy Policy.

E. Feedback you Provide. We value hearing from our Users and are always interested in learning about ways we can improve IntellectData. If you choose to submit comments, ideas, or feedback, you agree that we are free to use them without any restriction or compensation to you.

F. Release.  You expressly waive and release any claim you may have against IntellectData, or any person or entity involved or in any way associated with IntellectData, including, without limitation, its directors, officers, independent contractors, employees, agents, contractors, affiliates, and representatives regarding the Services, including, without limitation, any claims of copyright infringement or violations of any other intellectual property rights, tort claims, including, without limitation, libel, slander, or violation of privacy claims, or any other claims connected with your use of the Services.    

G. Third-Party Links, Sites, and Services. Our Services may contain or be adjacent to links to third-party websites, advertisers, services, or activities that are not owned or controlled by us. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third-party website, service, or content from the Services, you do so at your own risk, and you agree that we will have no liability arising from your use of or access to any third-party website, service, or content. Furthermore, any information you post, share, or provide to such a third-party will be governed by their respective privacy policies and terms of use. 

H. Termination. We may terminate or suspend this license and your access to the Services at any time, with or without cause or notice to you. Upon termination, you continue to be bound by these Terms. Any final and unprocessed payments for Services will be completed within thirty (30) days of the termination of your account.

I. Indemnity. If you use our Services for purposes in violation of these Terms, as determined in our sole subjective discretion, you agree to indemnify and hold harmless IntellectData and its officers, directors, employees, affiliates, and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs, and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to (a) your access to or use of our Services, or (b) your breach of any of these Terms. 

J. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, INTELLECTDATA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY THIRD-PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL INTELLECTDATA’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED ONE HUNDRED U.S. DOLLARS (THE U.S. $100.00).

K. Arbitration. For any dispute you have with IntellectData, you agree to first contact us and attempt to resolve the dispute with us informally. If we have not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the American Arbitration Association (“AAA") under the Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes then in effect for the AAA, except as provided herein. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees, and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property, or unauthorized access to the Service. EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION ABOVE, YOU AGREE THAT DISPUTES BETWEEN YOU AND INTELLECTDATA WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. ALL SUCH ARBITRATION PROCEEDINGS SHALL OCCUR EXCLUSIVELY IN DENVER, COLORADO.

 
You may opt-out of this agreement to arbitrate. If you do so, neither you nor IntellectData can require the other to participate in an arbitration proceeding. To opt-out, you must notify us in writing within 30 days of the date that you first became subject to this arbitration provision. You must use this address to opt-out: Intellect Data, Inc., 9540 Maroon Circle, Suite 100, Englewood, CO 80012. You must include your name and residence address, the email address you use for your account, and a clear statement that you want to opt-out of this arbitration agreement.

If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding languages in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with IntellectData.

L. Governing Law and Jurisdiction. These Terms shall be governed by the laws of the State of Colorado, without respect to its conflict of laws principles. 

M. Intellectual Property and Copyright Notice. We, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and all the copyright and other intellectual property rights in our website and the material on our website are reserved.  You may:

(a) view pages from our website in a web browser;

(b) download pages from our website for caching in a web browser; and

(c) print pages from our website;

subject to the other provisions of this notice.

Except as expressly permitted by the other provisions of this notice, you must not download any material from our website or save any such material to your computer.  Except as expressly permitted by this notice, you must not edit or otherwise modify any material on our website.

You must not:

(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability, or accessibility of the website;

(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity;

(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software; or

(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction, and data harvesting) on or in relation to our website without our express written consent.

If we discover that you have used our copyright materials in contravention of the license set out in this notice, we may bring legal proceedings against you, seeking monetary damages and/or an injunction to stop you from using those materials. You could also be ordered to pay legal costs.  You may request permission to use the copyright materials on our website by contacting us at the addresses set forth herein.

N. Miscellaneous.

1. Notification Procedures and changes to these Terms. We reserve the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose. We may revise these Terms from time to time, and the most current version will always be posted on our website. Please review the Terms of Service periodically. If a revision, at our sole discretion, is material, we will notify you by sending a notice to the email that you used when registering your account or through a notification in the Services. By continuing to access or use the Service after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Services.

2. Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by IntellectData without restriction. Any attempted transfer or assignment by you in violation hereof shall be null and void. 

3. Entire Agreement/Severability. These Terms, together with the Privacy Policy and any amendments and any additional agreements you may enter into with us in connection with the Services, shall constitute the entire agreement between you and IntellectData concerning the Services. If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. 

4. No Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. 

5. Questions or Concerns? Please contact us at the following email: privacy@intellectdata.com and we will endeavor to respond to any questions or concerns promptly. 

This Terms and Conditions of Service was last updated on March 22, 2021.