Last Updated: October 14, 2017
In addition to the other responsibilities, rules and provisions outlined in these Terms, you represent and agree, by using any of the Services, that you:
- Are at least 13 years old and a resident of the United States;
- Are solely responsible for your use of the Services and for any consequences thereof;
- Acknowledge that all events or information that you submit, post, or display on the Site (“User Content”) may be viewed by other users of the Services and through third-party services and websites if consistent with the explicit purposes of the Services, our Privacy Notice, or as otherwise specifically authorized by you;
- Understand that you are using the Services at your own risk;
- Shall not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices if incorporated in or accompanying any content you or others post to or through any of the Services;
- Shall not, except as permitted in these Terms, reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit any i95 Content posted to or through the Services;
- Have the legal right and capacity to enter into these Terms in your jurisdiction.
Our Privacy Notice explains how we handle visitor data collected and generated in the course of visiting or using the Site and/or any related app. You acknowledge having read our Privacy Notice and agree to allow us to collect and use Your Information as described in that notice.
- Each of the Services contains content owned or licensed by us (“I95 Business Content”). I95 Business Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and us, we own and retain all rights in the I95 Business Content and the Services.
- The I95 BUSINESSTM name and logo and related additional marks we own and use in connection with the Services are exclusively our proprietary trademarks and service marks. They may not be copied, imitated or used, in whole or in part, without our prior written permission. In addition, all custom graphics, button icons, page headers, and scripts are our exclusive service marks, trademarks and/or trade dress, and such items may not be copied, imitated or used, in whole or in part, without our prior written permission.
- You are hereby granted a limited, non-exclusive, non-sub-licensable license to access and use the Services and the I95 Business Content solely as needed to use the Services in strict accordance with these Terms. This license is revocable by us at any time for any reason whatsoever. Except as otherwise specifically provided in these Terms, this license does not include any right to:
- Distribute, publicly perform or display any I95 Business Content;
- Modify or otherwise make any derivative uses of the Services or I95 Business Content, or any portion thereof;
- Use any scraping, data mining, robots, or similar data gathering or extraction methods;
- Download (other than page caching) any portion of the Services, I95 Business Content or any information contained therein;
- Access the Site or any related app or use any of the Services or I95 Business Content other than for their intended purposes as expressly stated in these Terms, our Privacy Notice and/or in other communications from us.
Our Rights and Policies:
We reserve the right to:
- Modify or terminate your access to the Services for any reason, without notice, at any time, and without liability to you. Upon any such termination, all licenses and other rights granted to you in these Terms will immediately cease;
- Modify or discontinue, temporarily, or permanently, the Services or any features or portions thereof without prior notice. We will not be liable for any modification, suspension, or discontinuance of the Services or any part thereof. Although it is our intention for the Services to be available as much as possible, there will be occasions when some or all of the Services may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment;
- Integrate paid services, sponsored content, and/or commercial communications as part of the Services; and
- Post, disclose or otherwise use feedback, suggestions, ideas or other information or materials regarding us or the Services that you provide, whether by email or otherwise. Any such feedback shall be treated as non-confidential and shall become our sole property. We will be entitled to the unrestricted use and dissemination of such feedback for any purpose, commercial or otherwise, without acknowledgement or compensation to you. You hereby waive any rights you may have to such feedback (including any copyrights or moral rights). Please do not share your ideas with us if you expect to be paid or want to continue to own or claim rights in them.
- Remove, edit, block, and/or monitor User Content within our discretion. We may continue to store User Content that we remove from the Services, but only as consistent with our Privacy Notice.
In addition to the other responsibilities outlined in these Terms, you are solely responsible for your interaction with other users of the Services, whether online or offline and all data charges you incur through the use of the Services.
- Throughout your use of the Services, you may encounter links that direct you from the Services, whether they are communications you receive from the Services or on the Services themselves. These links may direct you to third party websites or features in images or comments within the Services.
- The Services also includes third-party content that we do not control, maintain or endorse. Functionality of the Services may permit interactions with a third-party website or features, including applications that connect one of the Services or your profile with a third-party web site or feature.
- By using the Services, you acknowledge and agree we are in no way responsible or liable for any third-party services or features.
- Your correspondence and business dealings with third parties found through the Services are in no way our responsibility.
- If you choose to use applications to connect your profile or one of the Services with a third party service (called “Applications”), you are doing so at your sole discretion and risk. These Applications may interact with, connect to or gather and/or pull information from and insert information in your profile. By using such Applications, you acknowledge and agree to the following:
- Your use of the Application may cause personally identifiable information to be publicly disclosed and/or associated with you, even if we have not provided such information; and
- Your use of an Application is at your own risk and option, and you will hold us harmless for activity related to the Application.
In addition to the other restrictions outlined in these Terms, you agree that you will not:
- Create an account for anyone other than yourself without permission from them;
- Solicit, collect or use the login credentials of other users of the Services without permission from them;
- Engage in an activity that is harmful to us or our visitors, advertisers, affiliates, vendors, or anyone else;
- Impersonate another person, user or entity;
- Use any of the Services for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations applicable to your use of the Services, including but not limited to, copyright laws, patent laws, trademark laws, trade secrets and all applicable intellectual property rights of third parties;
- Change modify, adapt or alter any of the Services or change, modify or alter another website so as to falsely imply that it is associated with the Services or us;
- Send, create or submit unwanted emails, messages, comments, likes or other forms of harassing communications to any users of the Services;
- Interfere or disrupt the Services or servers or networks connected to the Services, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. Specifically, you shall not inject content or code or otherwise alter or interfere with the way any page on our website is rendered or displayed in a user’s browser or device;
- Use any automated process (e.g. robot, spider, crawler, scraper) to access or use the Services or use any process, whether automated or manual, to capture data or anyone’s content from any of the Services for any reason;
- Reverse engineer any aspect of the Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Services;
- Attempt to circumvent any content filtering techniques we employ, or attempt to access areas/features of the Services that you are not authorized to access;
- Attempt to indicate in any manner that you have a relationship with us or that we have endorsed you or any product, services, brand or entity without our express written consent to do so; or
- Develop any third-party Applications that interact with the Services without our prior written consent.
DISCLAIMERS; LIABILITY LIMITS:
NO WARRANTIES: YOU AGREE YOUR USE OF AND ACCESS TO ALL OR ANY PART OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NOTWITHSTANDING ANYTHING CONTRARY HEREIN, WE MAKE NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE AVAILABILITY OR USE OF THE SERVICES OR THAT YOUR USE WILL BE ERROR-FREE OR UNINTERRUPTED. WE EXPRESSLY DISCLAIM ANY RESPONSIBILITY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY ASPECT AND/OR USE OF THE SERVICES. WE ARE NOT LIABLE IF WE ARE UNABLE TO PROVIDE THE SERVICES (OR ANY PART THEREOF), INCLUDING WITHOUT LIMITATION DUE TO, DIRECTLY OR INDIRECTLY: (a) THE FAILURE OF ANY MERCHANT TO SATISFY ANY COMPLAINTS, AGREE TO ACCEPT RETURN OF ANY GOODS, REFUND ANY AMOUNTS PAID OR OTHERWISE COMPLY WITH THESE TERMS, (b) THE FAILURE OF ANY PART OF THE SERVICES, ANY WIRELESS CARRIER, TELECOMMUNICATIONS OR ELECTRICAL FAILURE, (c) ANY INDUSTRIAL OR LABOR DISPUTE, WAR, FLOOD, EXPLOSION, ACT OF GOD OR ANY OTHER EVENT BEYOND OUR REASONABLE CONTROL. IN NO EVENT SHALL ANY OF THE I95 PARTIES (AS DEFINED BELOW) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST INCOME, LOST REPUTATION, LOST BUSINESS OR GOODWILL, OR LOSS OF USE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE DISCLAIMERS AND LIMITATIONS OF OUR LIABILITY SET FORTH IN THIS AGREEMENT INCLUDE, WITHOUT LIMITATION, DAMAGES FOR, ARISING OUT, OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES, ANY BREACH OF THESE TERMS OR ANY CLAIM BY YOU OR ANY THIRD PARTY. IN ANY CASE, OUR SOLE LIABILITY TO YOU IS LIMITED TO THE LESSER OF ANY FEES ACTUALLY RECEIVED FROM YOU BY US DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE APPLICABLE CLAIM OR $5.00. THE PROVISIONS HEREOF ALLOCATE THE RISKS BETWEEN US AND YOU. WITHOUT INTENDING TO LIMIT THE FOREGOING, YOU MUST BRING ANY CLAIMS YOU MAY HAVE AGAINST US WITHIN SIX (6) MONTHS OF THE DATE THE CLAIM AROSE OR BE FOREVER BARRED. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS/DISCLAIMERS MAY NOT APPLY TO YOU.
Indemnity: You agree to indemnify us and hold harmless our company and its officers, directors, managers, members, suppliers, service providers, agents and employees, and our affiliates (collectively, the "I95 Parties"), from any loss, liability, damages, fees, costs, claims, penalties or demands including reasonable fees of attorneys and other professionals, and any interest thereon, whether or not brought to suit, due to, arising out of or related to your use of the Services. Your indemnification of I95 Parties includes, without limitation, third-party claims of any nature or sort, any infringement, injury, damage, loss or harm (whether to you or any third party) arising out of or related to your use of the Services and/or your breach of these Terms.
Dispute Resolution: Any claim between you and any participating merchant shall be handled directly by the applicable merchant in accordance with its policies. Any claim between you and us arising out of or related to these Terms and/or the Services shall be resolved exclusively within the federal and state courts residing within Baltimore, Maryland, U.S.A., and you waive any jurisdictional venue or inconvenient forum objections to such courts. Notwithstanding the foregoing, we may seek equitable relief in any court of competent jurisdiction to prevent or enjoin misappropriation, misuse, unauthorized disclosure or infringement of its intellectual property rights. YOU HEREBY WAIVE ANY RIGHT TO A JURY TRIAL IN CONNECTION WITH ANY DISPUTE RELATING TO US, THE SERVICES AND/OR THESE TERMS. YOU ALSO WAIVE ANY CLASS ACTION CLAIM. Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Class actions, private attorney general actions, consolidation of your dispute with any other proceeding in which either party acts or proposes to act in a representative capacity are not permitted and are waived by you, and a court will have no jurisdiction to hear such claims. If a court finds that the class action waiver in this section is unenforceable as to all or some parts of a Dispute, then the class action waiver will not apply to those parts. Instead, those parts will be severed and proceed in a court of law. If any other provision of this Dispute resolution section is found to be illegal or unenforceable, that provision will be severed with the remainder of this section remaining in full force and effect.
Notices and Procedures for Copyright or Trademark Infringement Claims: We respect the intellectual property rights of others. We will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. If you believe that your work as displayed on the Services has been copied in any way that constitutes copyright or trademark infringement, please notify us in writing at the address shown below. Your written notice should include: (i) a physical or electronic signature of the person authorized to act on behalf of the owner of a right that is allegedly infringed; (ii) a description of the copyrighted work or trademark that you claim has been infringed; (iii) a description of the material that you claim is infringing or is the subject of infringing activity, that it is to be removed or access to it disabled and information reasonably sufficient to enable us to locate the material on our website(s); (iv) your name, address, telephone number, email address and all other information reasonably sufficient to enable us to contact you; (v) a statement by you that you have a good faith belief that use of the material as described by you is not authorized by the copyright or trademark owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the information in your notification is accurate and that you are the copyright or trademark owner or authorized to act on behalf of the owner or licensee of a right that is allegedly infringed. Upon receipt of notices complying with the DMCA or other applicable law, we will act to remove or disable access to any infringing material and will act to remove or disable access to any reference or link to material or activity that is found to be infringing. Notices of copyright or trademark infringement should be directed to:
By email: legal@I95business.com
THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING US THAT YOUR COPYRIGHTED MATERIAL OR TRADEMARK MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS SERVICE-RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
Miscellaneous: You may not assign your rights or obligations hereunder without our prior written consent. These Terms, the Privacy Notice, and all other documents referenced herein, represent the entire agreement between you and us, which may only be amended as described herein. If any part of these Terms are found invalid, the balance of these Terms shall remain enforceable; provided, however, that the Services shall not be offered where prohibited by law. The provisions addressing our proprietary rights, disclaimers and limitations of liability, indemnity and this Miscellaneous Section shall survive expiration or termination of your Account. The failure to enforce any of these Terms or Privacy Notice on any occasion shall not prevent enforcement on any other occasion or the enforcement of any other Term hereof or any provision of our Privacy Notice. Headings and captions shall not be considered included for purposes of interpretation or application hereof, but are for convenience only.
Contact Us: If you have any questions about us or any of the Services, please email us at either info@I95business.com (for service-related inquiries) or legal@I95business.com (for legal or compliance-related inquiries).
Copyright ©2017 Stone House Media Group. All Rights Reserved.
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