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.
Please
read these Terms carefully. These Terms govern your access to and use of the
Website and Services and purchase of the Products. In order to access, register
to use or share the Website and Services and/or purchase the Products or use
any software scripts provided by us in order to make the Website and/or
Services available or usable, you must accept these Terms and our Privacy
Policy, which is available at https://shop.intelitek.com/Privacy-Policy_ep_43-1.html
which may be modified or otherwise changed from time to time at our sole
discretion.
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.
2.
Restrictions
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.
5.
Fees
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.
You
undertake not to save, collect or otherwise maintain in your possession and use
any Content or other materials made available through the Website and/or
Services without the prior written consent of the User who uploaded, shared or
otherwise made available such Content and the Company. You further acknowledge
that the Company reserves the right, in its sole discretion, to save, collect
or otherwise maintain in its possession and use the Content, including
information that may personally identify you or any other User or describe your
personal interests, including by way of providing such information to the Paypal
website ("Paypal"), for the purpose of utilizing certain
services from Paypal or from any other similar third party supplier. The
Company reserves the right to make any and all permitted use under any
applicable law of the Content as set forth in the Company Privacy Policy. Without
derogating from the provisions of Section 1 above, the Company does not review,
test, confirm, approve or otherwise verify the Content. Each User posting,
uploading, sharing or otherwise making available such Content shall bear the
sole responsibility for the Content, including any and all third party
information and required consents. The Company will not be liable for any loss or damage
incurred by not complying with the above, and you agree to indemnify and hold
the Company harmless for any damage or loss arising from the above.
NOTWITHSTANDING THE FOREGOING, YOU UNDERSTAND AND ACKNOWLEDGE THAT THE COMAPNY
IS NOT A CONTENT STORAGE SERVICE. THE COMPANY SHALL HAVE NO LIABILITY FOR ANY
LOST OR ERASED CONTENT. YOU SHOULD BE
AWARE THAT ANY Content postED,
uploadED, sharED or otherwise made available MAY BE READ, COLLECTED, AND USED BY OTHER USERS, AND COULD BE USED
TO SEND UNSOLICITED CONTENT.
9.
Links
The Website and Services may
contain links or other content related to websites, advertisers,
products and/or services offered by third parties including by Paypal. The
Company has no control and makes no representation with respect to any such
links, content, websites, products or services or any information provided or
transmitted via such links, websites, products or services, or otherwise
provided by any such third party. YOU UNDERSTAND AND
AGREE THAT USE OF SUCH LINKS OR OTHER CONTENT IS AT YOUR OWN RISK, THAT SUCH
LINKS OR OTHER CONTENT ARE GOVERNED BY SUCH THIRD PARTIES' TERMS OF USE AND
PRIVACY POLICIES, AND THAT THE COMPANY IS NOT RESPONSIBLE FOR THE PRIVACY OR
BUSINESS PRACTICES OR OTHER POLICIES OF SUCH THIRD PARTIES. YOU should carefully review the applicable
terms and policies that apply to any SUCH Third PartIES. THE COMPANY IS
NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR SUCH THIRD PARTY, OR FOR ANY LOSS
OR DAMAGE OF ANY SORT INCURRED AS THE RESULT THEREOF, AND THE COMPANY EXPRESSLY
DISCLAIMS, AND YOU EXPRESSLY RELEASES 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 SUCH THIRD PARTIES,
INCLUDING WITHOUT LIMITATION RELATING TO AVAILABILITY, TERMS OF USE, PRIVACY,
INFORMATION, CONTENT, MATERIALS, ADVERTISING, CHARGES, PRODUCTS AND/OR
SERVICES.
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.
12.
Support
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.
15. Indemnification
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.
16.
Miscellaneous
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