Intelitek Online Store Terms of Service
Welcome to the shop.intelitek.com website (the "Website"). Intelitek, Inc. (the "Company", "we", "us" or "Intelitek") provides a web-based store through its designated Website through which Users may purchase Intelitek and third party products provided by Intelitek on or through the Website from time to time, including any software or hardware so provided (the "Products" and the "Services", respectively), as well as to post, upload, share, publish or otherwise make available self generated content such as comments or posts or third party content (the "Content"). These Terms of Service ("Terms") constitute a legal agreement between Intelitek and you. "User", "you" or "yours" means an individual or entity accessing of using the Website, Services and/or Products.
Your continued use of the Website and/or Services will be deemed acceptance to any such amended or updated terms. If you do not agree to any of these Terms, please do not click "ACCEPT" and do not use the Website, Services and/or Products.
1. Use of Website and Services
Subject to these Terms, our policies as shall be from time to time, any applicable End User License Agreement and full payment of the applicable consideration if and when purchasing Products, we grant you a limited, personal, non-exclusive, non-transferable, and revocable license to access and use our Website and Services and purchase the Products. You may purchase Products from our Website only for non-commercial use, unless you obtain Intelitek's prior written permission to otherwise use the Products. Using our Website, Products and/or Services does not give you ownership of any intellectual property rights in any of the above. When sharing, transferring or otherwise using any of the Website and/or Services you will be required to, and responsible for, assuring the acceptance of any party you send to, share with, or otherwise use the Website and/or Products with, of the Terms. For the avoidance of any doubt, when purchasing or downloading any Products, you will also be required to comply with any applicable End User License Agreement. You acknowledge that the Company may, in its sole discretion and at any time, modify, update or otherwise change the Website, Services and/or Products being offered for purchase, including discontinuing providing any part of the Website, Services and/or Products or modify or delete any content available through the Website, changing the name of the Website, Services and/or Products and branding or re-branding the Website, Services and/or Products without prior notice. Use of the Website, Services and/or Products is void where prohibited under these Terms or under any applicable End User License Agreement. By accessing or using the Website and/or Services or purchasing and/or downloading the Products you represent and warrant that: (a) any information you submit is truthful and accurate; (b) you are at least 13 or if higher in your jurisdiction, at least the age of majority in your jurisdiction. If you are under such age, you confirm that you have duly received the permission of your parents or legal guardian to use the Website and Services and purchase and/or purchase and download the Products, and that your parents or legal guardian has agreed to these Terms; (c) you will maintain the accuracy of such information; and (d) your use of the Website and/or Services and purchase and/or download of the Products does not violate or promote the violation of any applicable law or regulation or any legal or contractual obligation you may have to a third party and you have and will at all times comply with all applicable laws, rules and regulations in connection with your use of the Website and/or Services and purchase and/or download of the Products and any interactions with other Users including without limitation any Content uploaded, shared, posted or otherwise made available.
Subsections (a)-(d) shall be referred to, jointly, as the "Users Undertakings and Warranties".
By accessing or using the Website and/or Services and purchasing and/or downloading Products you understand and agree that the Company may in its sole discretion, but is not required to, verify that any or all of the Users Undertakings and Warranties are met by any User and you further agree that the Company is not responsible for assuring that the Users Undertakings and Warranties are met or for any failure to suspend, terminate or prevent the use of the Website and/or Services and purchase and/or download of the Products by Users who do not meet the Users Undertakings and Warranties. You understand that you are solely responsible for making your own evaluations, decisions and assessments about whether to access or use the Website, Services and/or Products or otherwise interact with other Users or use or share the Content in any way. If you become aware of any violation to the Users Undertakings and Warranties you are encouraged to report it to the Company. The Company reserves the right to suspend your or other Users' membership with or without notice in its sole discretion, whether it becomes aware of any violation to the Users Undertakings and Warranties (either by reports provided to it by other Users or any other means) by you or any other User. If your membership is suspended and/or terminated, you agree to make no further use of the Website and/or Services or attempt to purchase and/or download the Products through the Website after termination or during suspension. Anything to the contrary notwithstanding any Users shall reimburse the Company for any damage or loss incurred to it due to his breach of his User Undertakings and Warranties. Without derogating from the above, the Company expressly disclaims, and you expressly release the Company from, any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm and/or damages arising from and/or in any way related to: (i) any inaccuracy, untimeliness or incompleteness of a User’s representations regarding or compliance with the Users Undertakings and Warranties; and (ii) misstatements and/or misrepresentations made by any Users, either in connection with the Content or otherwise.
By accessing or using the Website and/or Services and purchasing and/or downloading the Products you understand and agree Intelitek: (a) has no control over the acts or omissions of any other Users in any way using or having used the Website, Services and/or the Products; (b) makes no representations or warranties about the Content or about your interactions or dealings with other Users; (c) makes no representations or warranties about the proprietary rights related to the Content, including the authorization to upload or share it on the Website; (d) makes no representations about the compatibility of the Services and Products to any User's specific needs and requirements; (e) is not responsible for the performance or conduct of any User or other third parties in any way accessing or using or having accessed or used the Website, Services and/or Products on or off the Website; and (f) makes no representations or warranties about the rights related to the Products, including any proprietary rights, unless otherwise specifically included in any applicable warranty provided by Intelitek in relation to the purchase and/or download of any Product. The Company is not obligated to screen or otherwise to verify any information regarding third parties, the Users and the Content and therefore you should exercise caution and perform your own examinations and checks before accessing or using the Website and/or Services or purchasing and/or downloading the Products. The Company expressly disclaims, and you expressly release the Company from, any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm and/or damages arising from and/or in any way related to the Website, Services and Products or your interactions or dealings with other Users, including without limitation any acts and/or omissions of Users in any way connected to the Website, Services and/or Products in any means. By accessing or using the Website and/or Services and purchasing and/or downloading the Products, you acknowledge that you are solely responsible for such access, use, purchase and download and to the interactions, or any other action you make and that all use of the Website, Services and Products is at your sole risk.
Without[i1] derogating from the provisions of Section 1 thereof, you shall not, and shall not permit any third party, to: (a) reverse engineer or attempt to find the underlying code of the Website, Services and/or Products; (b) use the Website, Services and/or Products in violation of any applicable law or regulation, including but not limited to, post, publish, share or otherwise transfer any illegal or offensive material; (c) copy, modify, or create derivative works of the Website, Services, Products or content of any of the Website, Services or Products; (d) attempt to disable or circumvent any security or access control mechanism of the Website, Services and/or Products; (e) design or assist in designing cheats, exploits, automation software, bots, hacks, modes or any other unauthorized third-party software to modify or interfere with the Website, Services and/or Products; (f) use the Website, Services and/or Products or engage with other Users for any purpose that is in violation of any applicable law or regulation; (g) attempt to gain unauthorized access to the Website, Services and/or Products, other Accounts, as defined below, or other device, computer system, phone systems, or networks connected to the Website, Services or Products; and (h) harvest or otherwise collect information about Users without their consent. For the avoidance of any doubt, these restrictions herein do not derogate from any restrictions or other User obligations and undertakings provided in any applicable End User License Agreement, warranty or otherwise. If you post, publish, share or otherwise transfer through the Website and/or using the Services any Content, you represent and warrant that such Content complies with these Terms herein, and does not: (a) infringe the intellectual property, moral or publicity rights of any third party; (b) contain any defamatory, libelous, obscene, sexually suggestive or otherwise offensive content (including material promoting or glorifying hate, violence, or bigotry); (c) contain any worms, viruses or otherwise malicious software; (d) violate any applicable law or regulation, including any law or regulation concerning advertising or marketing; and (e) take any action that imposes an unreasonable or disproportionately large load on our infrastructure. By posting, uploading, publishing, sharing or otherwise transferring any Content using the Website and/or using the Services, you hereby irrevocably grant the Company and any of its affiliates and/or sublicenses a worldwide, non-exclusive, perpetual, royalty-free license to publish, share, display and otherwise transfer such Content in any reasonable form as shall be in the Company's sole discretion. The Company reserves the right to remove, suspend access to or permanently delete any Content in accordance with its sole discretion without prior notice, including without limitation any Content that violates the warranties set forth above or the Company's business interests, and you shall have no right or claim in respect of any such decisions and actions. Without derogating from the generality of the foregoing, it is hereby clarified that under the Digital Millennium Copyright Act of 1998 (the "DMCA"), it is our policy to respond expeditiously to copyright owners who believe material appearing on the Website infringes their rights. If you believe that something appearing on the Website infringes your copyright, you may send us a notice requesting that it be removed, or access to it blocked. If you believe that such a notice has been wrongly filed against you, the DMCA lets you send us a counter-notice. It is Company’s policy to delete the Account of repeat infringers in appropriate circumstances, taking all facts and circumstances into account. Notices and counter-notices must meet the DMCA’s requirements. We suggest that you consult your legal advisor before filing a notice or counter-notice. Be aware that there can be substantial penalties for false claims. Send notices and counter-notices to our copyright agent: [email protected]. The Company is not, and shall not be, liable for any Content provided, posted, uploaded, shared or otherwise made available by Users. Each User accessing and/or using the Website, Services and/or Products hereby represents to take full responsibility in respect thereof, and the Company shall bear no liability with respect to the foregoing.
Users wishing to use the Website or Services must complete a registration process and create a user account (the "Account"). The Account allows the use of the Website and Services, subject to these Terms. By creating an Account, you expressly provide us with your consent to send you messages and other content which includes information related to the Website, Services and Products via email, text message or any other means, either through the Website or otherwise. To create an Account, you must provide truthful and accurate information and keep such information up-to-date, and select a password. You may register to use the Website and Services by providing the requested information. You agree that you will supply accurate and complete information to us in the creation of your Account and the use of the Website and Services, and that you will update such information promptly after it changes. You shall have all responsibility for any inaccuracies in any information you provide to us, or in respect of your failure to keep such information up-to-date. When you complete the registration process, you create an Account. The Company reserves the right to refuse to allow anyone wishing to use the Website and Services to open an Account for any reason at its sole discretion. You may not provide false information during the registration process. You shall not share your Account or login information with any third party, nor let any third party access your Account, and are responsible for maintaining the confidentiality of the login information for your Account. You are fully and solely responsible for the security of your computer system, mobile device and all activity on your Account, even if such activities were not committed by you. The Company will not be liable for any losses or damages incurred by unauthorized use of your Account or password, either to you or to any other User or third party, and you agree to indemnify and hold the Company harmless for any improper or illegal use of your Account, including any Content shared or otherwise made available, unless you have notified the Company via e-mail to [email protected] that your Account has been compromised, that you have modified your login information, have requested the Company to block access to it, and the Company has had a reasonable amount of time to review and act on such notification. Without derogating from the foregoing, we may terminate your access or use of the Website, Services and/or Products if you let any third party use your Account inappropriately or if you or anyone using your Account violates these Terms.
Without derogating from the provisions of Section 3 above, you may choose to cancel your registration to the Website and Services and delete your Account at any time by notifying the Company via e-mail to [email protected] or by using the contact form at http://www.intelitek.com/about-us/contact-us/ of your request to so cancel your registration and erase your Account (the "Cancellation Request"). Upon receipt of your Cancellation Request, the Company will use its best efforts to cancel your registration and erase your Account, as requested. The Company will not be liable and you will hold the Company harmless for any loss or damage incurred by your request to so cancel your registration and erase your Account.
The Products offered through the Website and Services are offered in consideration for the full payment of the applicable fees as are in effect from time to time. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes in a timely manner with a payment mechanism associated with the applicable paid Services and Products. If your payment method fails or your account is past due, we may collect fees using other collection mechanisms. Fees may vary based on your location and other factors, and the Company reserves the right to change any fees at any time at its sole discretion or at the discretion of any of its affiliates or third parties whose Products are offered through the Website and Services. Any change, update, or modification will be effective immediately upon posting through the Website. Subject to any applicable law, Product purchases and/or downloads are final and no fees paid shall be refundable.
Intelitek may offer payment for the Products through third party payment processors as permitted by Company. The Company accepts no responsibility or liability for the actions, omissions or privacy policies of the third party payment processor and you must separately agree to the terms and conditions of any third party payment processor.
6. Promotional Materials and Newsletters
User expressly consents to the Company to use any of his registration details for the purpose of providing the User with promotional materials and newsletters (the "Promotional Materials and Newsletters") by any means available, including via email, text and SMS messages, fax, post, automated dialing services or any other means, all in accordance with the Company's sole discretion as shall be from time to time, and to receive such Promotional Materials and Newsletters.
The User further acknowledges that the Promotional Materials and Newsletters may include the advertisement of third parties, and he expressly consents to the receipt of such advertisements as part of the Promotional Materials and Newsletters.
The User may contact the Company at any time by sending a request via e-mail to [email protected] notifying the Company of his refusal to further receive the Promotional Materials and Newsletters.
The Company, its affiliates, its licensors and/or any third party whose Products are offered through the Website are the owners of all worldwide rights, titles and interests in: (a) the Website, Services and Products, enhancements, derivatives, bug fixes or improvements to the Website, Services and Products; and (b) trade names, trademarks, service mark, trade dress, logos of the Company and Company products, and shall at all times remain solely with the Company, its affiliates, its licensors and/or any third party whose Products are offered through the Website, as applicable. All references in these Terms or any other communications to the sale, resale or purchase of the foregoing shall mean only the right to use the Website, Services and Products pursuant to these Terms and any applicable End User License Agreement. Users bears sole liability for any and all Content, including any intellectual property rights thereof, provided, shared or otherwise made available by the Users using the Website and/or the Services, and the Company makes no representation with respect to any such Content. The Company will not be liable for any losses or damages incurred by such Content, and Users agree to indemnify and hold the Company harmless for any damage or loss arising from the above.
10. Prohibited Uses
Without derogating from the provisions of Sections 1 and 2 above, the Website and Services may not be used in connection with any commercial endeavors without the express written consent of the Company and its affiliates or licensors, where applicable. The Website and Services may not be used by any person or organization to recruit for another website, solicit, advertise, or contact in any form Users for employment, contracting, or any other purpose for a business not affiliated with the Company without express written permission from the Company. You agree not to use any Content or other materials made available through the Website or Services in order to contact, advertise, solicit, or sell to any other User without their express consent, unless otherwise permitted under these Terms.
11. Export Restrictions
You shall not, directly or indirectly, export any Products to any country to which such export is prohibited by law. You agree to comply with all export laws and restrictions and regulations of the United States or foreign agencies or authorities, and not to export or re-export any products in violation of any such restrictions, laws or regulations, or without all necessary approvals. Any Services or Products offered or made available for personal use shall only be used for such purpose.
Without derogating from the generality of the foregoing, the any Products offered through the Website and Services shall be provided, shipped, delivered or otherwise made available in the United States and Canada only (the "Delivery Region"), unless a specific purchase order has been placed by User for the provision, shipping or delivery outside of the Delivery Region by contacting the Company at [email protected] and the Company approved such purchase order.
Users may contact the Company with regard to support for the Website and Services by sending an email to [email protected]
The Company makes reasonable efforts to ensure that its technology keeps the Website and Services safe and secure. However, no technology is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security. Except as expressly set forth herein, your use of the Website and Services and purchase and download of the Products is at your sole discretion and risk. The Website, Services and Products are provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, unless otherwise specifically provided by the Company or by any third party whose Products are offered through the Website. The Company expressly disclaims all implied or statutory warranties of any kind relating to the Website, Services and Products, including without limitation the warranties of fitness for a particular purpose, course of dealing or course of performance. The Company does not give any advice regarding the risk or suitability of the Services and Products. The Company assumes no responsibility for any transaction or engagement made by you and you acknowledge that you are solely responsible for the assessment of your transactions and engagements. You shall not hold the Company, its officers, employees or affiliates liable for any transaction or engagement choices made by you. No advice or information, whether oral or written, obtained by you from the Company or its officers, employees or affiliates, shall create any warranty not expressly stated in these Terms. If you choose to rely on such information, you do so solely at your own risk.
14. Limitation Of Liability
The Company does not guarantee the value, quality, compatibility or any other feature of the Content, Services and/or Products (hereinafter in this Section: the "Features"). Any Features are in the sole responsibility of the User using or relying on the Content, Services or Products. While each User must comply with these Terms and non-complying may result termination of the Account, access or use of the Website and Services and/or purchase and download of the Products, the Company does not undertake to monitor such compliance and may act where non-compliance is detected as shall be decided in accordance with its sole discretion, as described in these Terms. You understand and agree that you may be exposed to Content that is inaccurate, objectionable or otherwise unsuited for you.
In no event shall the Company or any of its officers, directors, employees, or agents be liable to you for any indirect, incidental, special, punitive, or consequential damages, arising out of or in connection with your access and use of the Website, Services and/or Products, whether or not the damages are foreseeable and whether or not the Company has been advised of the possibility of such damages. in all events such liability shall not exceed in the aggregate the amount of fees paid by you in consideration for the purchase of the relevant product giving rise to the claim for liability. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
In addition to the foregoing, the Company is not responsible for any problems or technical malfunction of any telephone or cellular phone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on the Website, including any injury or damage to Users or to any person's mobile device or computer related to or resulting from accessing or using the Website, Services and/or Products or any other materials provided or made available through or in connection with the Website, Services and Products. Under no circumstances shall the Company be responsible for any loss or damage, including personal injury or death, resulting from access or use of the Website, Services and/or Products, from any Content posted on or through the Website, or from the conduct of any Users of the Website, Services and/or Products, whether online or offline, or in connection with any sale or purchase.
You will defend, indemnify and hold the Company harmless from and against any and all suits, proceedings, assertions, damages, costs, liabilities or expenses (including court costs and reasonable attorneys’ legal fees) which the Company may suffer or incur in connection with any actual claim, demand, action or other proceeding by any third party arising from or relating to any breach of these Terms by you or any access or use by you of the Website, Services and/or Products not in accordance with applicable law.
These Terms shall be governed by the laws of New Hampshire, exclusive of its choice of law rules. Your conduct may also be subject to other local, state, and national laws. Any dispute arising under these Terms or concerning the Website, Services and/or Products shall be finally settled on an individual basis before a single arbitrator administered by, and in accordance with the arbitration rules of, the International Chamber of Commerce. The arbitration shall take place in Derry, New Hampshire, and the language of the arbitration shall be English. You may not advance any class action claims against the Company, and by accessing or using the Website, Services and/or Products you agree to waive your rights to advance any such class actions claims.
Any cause of action against the Company must be brought within one (1) year of the date such cause of action arose. In the event that any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision which most closely achieves the effect of the original provision, and the remaining terms of these Terms shall remain in full force and effect. Nothing in these Terms creates any agency, employment, joint venture, or partnership relationship between you and the Company or enables you to act on behalf of the Company. Except as may be expressly stated in these Terms, these Terms constitute the entire agreement between the Company and you pertaining to the subject matter hereof.
Any notices that we may be required to provide to you, whether under law or according to these Terms, may be provided by the Company to any contact information you have provided in your Account information or other, either directly or indirectly, including through email. You expressly agree to the receipt of such communications and notices in such manner.
You may not assign any rights hereunder without our prior written consent. Nothing contained in these Terms shall be construed to limit the actions or remedies available to the Company with respect to any prohibited activity or conduct. Non-enforcement of any term of these Terms does not constitute consent or waiver, and the Company reserves the right to enforce such term at its sole discretion. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
Last updated: February 2016