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"intelepix.com, intelepix.net, intelepix.biz, intelepix.org,
intelepix.us, intelepix.info, intelepix.co.uk (collectively "intelepix.com") and Intelepix, LLC."
Website Terms of Use
Last Revised: 04/28/2008 4:00 PM EST
ATTENTION:
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS
WEBSITE. USING THIS WEBSITE INDICATES THAT YOU ACCEPT
THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS ("TERMS"),
DO NOT USE THIS WEBSITE.
Welcome to "Intelepix.com, Intelepix.net, Intelepix.biz, Intelepix.org,
Intelepix.us, Intelepix.info (collectively, "Intelepix.com") and Intelepix,
LLC.'s" website. The following terms and conditions (the "Terms of Use")
govern your use of this website and any services that are offered here. By
using this site or the services provided thereon, you agree to be, and are,
bound by these Terms of Use. These Terms of Use may be updated by
"Intelepix.com or Intelepix, LLC." from time to time, so please check back
frequently. You acknowledge and agree that your continued use of
"Intelepix.com or Intelepix, LLC.'s" website or services after any such
update signifies your acceptance of such modified Terms of Use. Because this
is a legal agreement between you and "Intelepix.com and Intelepix, LLC.",
please print out and retain a copy for your records. If you do not agree to
these Terms of Use, you are not authorized to access or use this site or the
services provided here.
1. OWNERSHIP
The trademarks, logos, and service marks displayed on "Intelepix.com or
Intelepix, LLC.'s" website (collectively, the "Marks") belong to
"Intelepix.com or Intelepix, LLC." and others. "Intelepix.com or Intelepix,
LLC." And all other trademark owners retain all rights in and to the Marks,
and nothing in these Terms of Use grants you or anyone else any right
whatsoever to the Marks. You may not use, reproduce, or display any Marks
without their owner's prior written consent.
Unless expressly stated on the "Intelepix.com or Intelepix, LLC." website,
you should assume that all content, images, and materials appearing on this
website (collectively, the "Content") are the sole property of
"Intelepix.com or Intelepix, LLC.". Such Content is protected by both U.S.
and international copyright laws and treaties. You may not use, reproduce,
display, or sell any Content without "Intelepix.com or Intelepix, LLC.'s"
prior written consent. You may not link to any page within our website
(other than the home page, http://www.intelepix.com) or frame any portion of
the site without "Intelepix.com or Intelepix, LLC.'s" prior written consent.
2. TERMINATION OF SERVICES/WEBSITE
"Intelepix.com or Intelepix, LLC." may modify or discontinue its website or
the services it provides at any time, and for any reason, with or without
notice to you. "Intelepix.com and Intelepix, LLC." will not be liable to you
or any third party as a result of such modification or discontinuation of
any website or services. The provisions of these Terms of Use will survive
any termination of this website or any services provided by "Intelepix.com
or Intelepix, LLC."
3. DISCLAIMER
You acknowledge and agree that your use of our website and the services we
offer is at your own risk. Without limiting any other provision contained in
these Terms of Use, everything on the website and the services we offer are
provided to you "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTY OF ANY
KIND, WHETHER EXPRESS OR IMPLIED. "Intelepix.com AND Intelepix, LLC." HEREBY
DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND
QUIET ENJOYMENT. "Intelepix.com AND Intelepix, LLC." MAKES NO WARRANTIES
THAT THE MATERIAL CONTAINED ON THE "Intelepix.com OR Intelepix, LLC."
WEBSITE IS ACCURATE OR COMPLETE, OR THAT THE "Intelepix.com OR Intelepix,
LLC." WEBSITE OR SERVICES WILL OPERATE ERROR-FREE OR WITHOUT INTERRUPTION,
OR WILL BE SUITABLE FOR YOUR NEEDS OR INTENDED APPLICATIONS.
4. LINKS
Our website may contain links to other Internet websites or resources. You
acknowledge and agree that "Intelepix.com and Intelepix, LLC." is not
responsible or liable in any way for (i) the availability or accuracy of
such sites or resources, or (ii) the content, advertising, or products on or
available from such sites or resources. The inclusion of any link on our
website does not imply that "Intelepix.com or Intelepix, LLC." endorses any
of the linked sites. You use the links at your own risk.
5. REGISTRATION AND ACCOUNT USE
You agree that any information you provide in response
to "Intelepix.com or Intelepix, LLC.'s" registration and
other forms will be true, accurate, current and
complete. In particular, you agree not to misrepresent
your identity to "Intelepix.com or Intelepix, LLC.". By
submitting any information to "Intelepix.com or
Intelepix, LLC.", you grant "Intelepix.com and
Intelepix, LLC." the right to use this information to
provide any services you request and for any other
purpose that is consistent with our privacy policy. If you become a registered user of our site or services, you will receive a
password for accessing your account information. You are responsible for
maintaining the confidentiality of your password and account and are fully
responsible for all activities that occur using your password or account.
Please notify us immediately of any unauthorized use of your password or
account or any other breach of security. "Intelepix.com and Intelepix, LLC."
will not be liable for any loss that you may incur as a result of any third
party's use of your password or account, either with or without your
knowledge. You may not use anyone else's password at any time.
6. LIMITATION OF LIABILITY
If you do not agree with our Terms of Use, or if you are not satisfied with
our website or any of the services that "Intelepix.com or Intelepix, LLC."
provides, your sole remedy is to discontinue your use of the "Intelepix.com
or Intelepix, LLC." website and services. "Intelepix.com AND Intelepix,
LLC." WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES
WHATSOEVER, WHETHER DIRECT (EXCEPT AS EXPRESSLY PROVIDED IN "Intelepix.com
AND Intelepix, LLC.'S" MEMBERSHIP AGREEMENT FOR PAID SERVICES), INDIRECT,
INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, RELATING TO OR ARISING OUT
OF YOUR USE, MISUSE, OR INABILITY TO USE THE "Intelepix.com AND Intelepix,
LLC." WEBSITES OR SERVICES, AND WHETHER YOUR CLAIM MIGHT BE BASED ON
WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY,
AND WHETHER OR NOT "Intelepix.com OR Intelepix, LLC." HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGE. YOUR ACCEPTANCE OF THIS LIMITATION OF
LIABILITY IS AN EXPRESS PRECONDITION TO YOUR USE OF "Intelepix.com OR
Intelepix, LLC.'S WEBSITES AND SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT
APPLY TO YOU.
7. INDEMNITY
You agree to defend, indemnify, and hold harmless "Intelepix.com &
Intelepix, LLC.", its officers, directors, employees, agents, and partners,
from and against any third-party claims, actions, demands, liabilities,
expenses, and costs, including without limitation reasonable legal and
accounting fees, arising from or related to your use of the "Intelepix.com"
website, your violation of these Terms of Use, or your violation of any
laws, regulations, or third-party rights.
8. MODIFICATIONS TO TERMS OF USE
No modification to these Terms of Use will be effective unless: (a) posted
by "Intelepix.com or Intelepix, LLC." Specific public sections of
"Intelepix.com's" website; or (b) expressly agreed to in writing on
"Intelepix.com or Intelepix, LLC.'s letterhead and signed by an officer of
"Intelepix.com or Intelepix, LLC.". Any modification posted on this site
will become effective immediately, and your continued use of "Intelepix.com
or Intelepix, LLC.'s" websites or the services it offers will signify your
acceptance of such modified terms.
9. GENERAL PROVISIONS
These terms will be governed by and construed solely in accordance with the
laws of the United States and the State of New York, excluding that body of
law governing conflict of laws. Both you and "Intelepix.com and Intelepix,
LLC." agree that any legal action or proceeding relating to or arising out
of these Terms of Use or your use of "Intelepix.com or Intelepix, LLC.'s"
website or services will be brought exclusively in a federal or state court
in New York, and by agreeing to these Terms of Use you submit to the
personal jurisdiction of, and venue in, such courts. If any provision
of these Terms of Use is held to be invalid or unenforceable, such provision
will be enforced to the greatest extent possible and the remaining
provisions will remain in full force and effect. Headings are for reference
purposes only and in no way define, limit, or describe the scope or extent
of such section. Our failure to act with respect to a breach by you or
others does not waive our right to act with respect to subsequent or similar
breaches, nor does it affect your obligations or "Intelepix.com or
Intelepix, LLC.'s" rights and remedies under these Terms of Use in any other
way. Except for other agreements, terms, or policies appearing on the
"Intelepix.com or Intelepix, LLC." website, these Terms of Use set forth the
entire understanding and agreement between you and "Intelepix.com and
Intelepix, LLC." regarding the subject matter hereof.
10.
Export control laws; notice to U.S. government users
The export and re-export of Intelepix
software/technology products are controlled by the
United States Export Administration Regulations, and
such software/technology may not be exported or
re-exported to Cuba, Iran, Iraq, Libya, North Korea,
Sudan, Syria, or any country to which the United States
embargoes goods. In addition, Intelepix
software/technology may not be distributed to persons on
the Table of Denial Orders, the Entity List, or the List
of Specially Designated Nationals.
By downloading an Intelepix software product and or any
information found on this website you are certifying
that you are not a national of Cuba, Iran, Iraq, Libya,
North Korea, Sudan, Syria, or any country to which the
United States embargoes goods, and that you are not a
person on the Table of Denial Orders, the Entity List,
or the List of Specially Designated Nationals.
All Intelepix products and publications are commercial
in nature. The software and documentation available on
this Site are "Commercial Items," as that term is
defined at 48 C.F.R. §2.101, consisting of "Commercial
Computer Software" and "Commercial Computer Software
Documentation," as such terms are used in 48 C.F.R.
§12.212 or 48 C.F.R. §227.7202, as applicable.
Consistent with 48 C.F.R. §12.212 or 48 C.F.R.
§§227.7202-1 through 227.7202-4, as applicable, the
Commercial Computer Software and Commercial Computer
Software Documentation are licensed to U.S. Government
end users (A) only as Commercial Items and (B) with only
those rights as are granted to all other end users
pursuant to the terms and conditions herein.
11. Intellectual property; limited
license to users
The Materials and Services on this
Site, as well as their selection and arrangement, are
protected by copyright, trademark, patent, and/or other
intellectual property laws, and any unauthorized use of
the Materials or Services at this Site may violate such
laws and the Terms of Use. Except as expressly provided
herein, Intelepix and its suppliers do not grant any
express or implied rights to use the Materials and
Services. You agree not to copy, republish, frame,
download, transmit, modify, rent, lease, loan, sell,
assign, distribute, license, sublicense, reverse
engineer, or create derivative works based on the Site,
its Materials, or its Services or their selection and
arrangement, except as expressly authorized herein. In
addition, you agree not to use any data mining, robots,
or similar data gathering and extraction methods in
connection with the Site.
12. PRIVACY STATEMENT
Because our site permits
individuals to submit e-mail and other information if
they want to be considered for/as distributors and
re-sellers by "Intelepix.com & Intelepix, LLC.", we have
developed this Privacy Statement to inform site visitors
of our policies and practices regarding such
information.
At some places on the site,
the use of a "cookie" may be offered. Most browsers now
recognize when a "cookie" is offered, and permits the
user to opt out of receiving it. If you are not sure
whether your browser has this capability, you should
check with the software manufacturer or your Internet
service provider. "Cookies" are used on the
"Intelepix.com & Intelepix, LLC." site to facilitate use
of an area of the site. We do not use "cookies" to
collect and distribute information to third parties for
marketing purposes.
Visitors are able to send
e-mail through this site, and their messages will
contain their email address, as well as any additional
information the user may wish to include in the message
("Contact Information").
By providing "Intelepix.com
& Intelepix, LLC." with any information, the user
explicitly and unambiguously consents to the processing
of such information by Intelepix, LLC.
Upon request,
"Intelepix.com & Intelepix, LLC." will use reasonable
efforts to allow users to update/correct Contact
Information previously submitted which the users state
is erroneous to the extent such activities will not
compromise privacy or security interests. Also, upon a
user's request, "Intelepix.com & Intelepix, LLC." will
use commercially reasonable efforts to functionally
delete the user and his or her Contact Information from
its database; however, it may be impossible to delete a
user's entry without some residual information because
of backups and records of deletions. User updates of
Contact Information submitted should be handled by
resubmitting the e-mail.
13. ADDITIONAL INFORMATION
This website is owned and operated by "Intelepix.com and Intelepix, LLC.",
of Glen Cove, New York, United States of America
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