Web Site Use Generally
The Services are an online research system.
2. No Professional or Legal Advice
The Services are not intended to be or contain legal advice. Any opinions and advice found on the Services are those of the author and not necessarily those of Intelligize. Any information supplied by any employee or agent of Intelligize, whether by telephone, e-mail, letter or other form of communication, is intended solely as general guidance on the use of the Services, and does not constitute professional or legal advice.
3. Eligibility, Access, Use and Service
o Prohibited Uses Generally – You are required to comply with all applicable laws in connection with your use of the Services, and such further limitations as may be set forth herein and in any written or on-screen notice from Intelligize. Without limiting the foregoing, you agree not to:
1) use any device, software or routine to interfere or attempt to interfere, or which has the effect of interfering with the proper working of the Services or Intelligize website.
2) reproduce, redistribute or retransmit any information in the Services without the written permission of Intelligize
4) decompile, reverse engineer, disassemble, rent, lease, loan, sublicense, create derivative works from Intelligize, which includes the information and software made available there in
5) copy, modify, reproduce, republish, distribute, transmit or use for commercial or public purposes, except to the extent required in order for you to use the Services in the manner expressly intended by Intelligize; and/or
6) use any incomplete, false or inaccurate biographical information or other information for purposes of registering as a customer or registering for any promotions offered through the Intelligize website.
o You further agree not to violate or attempt to violate the security of the Services, including, without limitation
1) accessing data not intended for you or logging into a server or account that you are not authorized to access;
2) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
3) attempting to interfere with service to any user, host or network, attempting to interfere with service to any user, host or network, including, without limitation, by way of submitting a virus to, or overloading, “flooding”, “spamming”, “mailbombing” or “crashing”, the Intelligize website
4) sending unsolicited e-mail, including promotions and/or advertising of products or services; or
5) forging any TCP/IP packet header or any part of the header information in any e-mail or posting. Violations of system or network security may result in civil or criminal liability. Intelligize will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
o Service Restrictions, Alterations and Terminations Intelligize shall not be responsible for any delays or interruptions of, or errors or omissions contained in the Services or the Intelligize website. Intelligize reserves the right, but shall not be required, to correct any delays, interruptions, errors or omissions. Intelligize may discontinue or alter any aspect of these Services, including, but not limited to:(i) restricting the time of availability,(ii) restricting the availability and/or scope of the Services for certain users,(iii) restricting the amount of use permitted, and(iv) restricting or terminating any user’s right to use these Services, at Intelligize’s sole discretion and without prior notice or liability.
o Linking to www.intelligize.com
You may provide links to www.intelligize.com from locations outside www.intelligize.com provided
1) you link only to the home page www.intelligize.com,
2) you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice or other notices in www.intelligize.com,
3) you give provider notice of such link by sending an email message to permissions@Intelligize.com and
4) you discontinue providing links to www.intelligize.com if notified by Intelligize.
4. Ownership: Rights to Use
o Copyright Rights - You acknowledge that, other than original government works and other public domain materials, these Services contains information, graphics and other material (collectively, “Content”) that are protected by copyrights, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. Intelligize owns a copyright in the selection, coordination, arrangement and enhancement of such Content. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Content, in whole or in part. You may not upload, post, reproduce or distribute Content protected by copyright, or other proprietary right, without obtaining permission of Intelligize.
o Trade and Service Mark Rights -All rights in the product names, company names, trade names, logos, product packaging and designs of all Intelligize or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to Intelligize or their respective owners, and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited and nothing stated or implied on the Services confers on you any license or right under any patent or trademark of Intelligize or any third party.
o Notice of Copyright Infringement - If you believe that your work has been copied and is accessible on the Services in a way that constitutes copyright infringement, please provide Intelligize’s Copyright Agent with the following information:
1) identification ofthe copyrighted work claimed to have been infringed
2) identification of the allegedly infringing material on the Services that is requested to be removed
3) your name, address and daytime telephone number, and an e-mail address if available, so that Intelligize may contact you if necessary
4) a statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law
5) a statement that the information in the notification is accurate, and under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and
6) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.
Intelligize will remove any posted submission which infringes the copyright of any person under the laws of the United States upon receipt of such a statement (or, more specifically, any statement in conformance with 17 U.S.C. § 512(c)(3)). United States law provides significant penalties for submitting such a statement falsely.
Usernames, Passwords and Security
o Your UserIdentity – Your username and password will be your identity for purposes of interacting with Intelligize and other users through the site.
o Username,Passwords, and Password Access - You shall keep confidential, shall not disseminate, and shall use solely in accordance with this Agreement, your username and password for the Services.You shall immediately notify Intelligize if you learn of or suspect: (i) any loss or theft of your username
or password (ii) any unauthorized use of your username or password or of the Services. In the event of such loss, theft, or unauthorized use, Intelligize may impose on you, at Intelligize’s sole discretion, additional security obligations.
o SecurityBreaches and Revision - If any unauthorized person obtains access to the Services as a result of any act or omission by you, you shall use your best efforts to ascertain the source and manner of acquisition and shall fully and promptly brief Intelligize. You shall otherwise cooperate and assist in any investigation relating to any such unauthorized access.
Responsibility for Content; Other Representations, Warranties and Covenants
o Intelligize – Intelligize shall not be responsible for any use that is or is not made of the Services. Without limiting the foregoing, Intelligize makes no representations, warranties or covenants regarding, and does not guarantee, the truthfulness, accuracy, relevancy, or reliability of any information or other material that are communicated through, or posted to, the Services. You acknowledge that any reliance on information or other material communicated through, or posted to, the Services will be at your own risk.
o Links to Third-Party Services – These Services may contain links to other Services (“Linked Services”). The Linked Services are not under the control of Intelligize and Intelligize is not responsible for the contents of the Linked Services, including, without limitation, links contained on Linked Services, or any changes or updates to Linked Services. Intelligize is providing Linked Services to you only as a convenience, and the inclusion of such Linked Services is not an endorsement by Intelligize in favor of any company offering Internet services, products or services on the Linked Services.
o DISCLAIMER OF WARRANTY- YOU AGREE THAT USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE SERVICES, INCLUDING ANY PART THEREOF, OR ANY WEB SITE OR OTHER CONTENT OR THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, INTELLIGIZE DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL (i) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (ii) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (iii) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS OR OMISSIONS IN THE SERVICES, OR ANY PARTY THEREOF, (iv) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SERVICES, AND (v) WARRANTIES OTHERWISE RELATED TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY INTELLIGIZE OR ANY THIRD PARTY.
o LIMITATION OF LIABILITY – THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT INTELLIGIZE IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. NEITHER INTELLIGIZE NOR ANY OF ITS PARTNERS, AGENTS, EXECUTIVES, DIRECTORS, EMPLOYEES OR AFFILIATES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF USE OF THESE SERVICES OR INABILITY TO GAIN ACCESS TO OR USE THESE SERVICES OR OUT OF ANY BREACH OF ANY WARRANTY. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON INTELLIGIZE.
7. Choice of Law and Forum
This Agreement shall be construed and controlled by the laws of the New York. By using these Services you agree that any dispute arising from or related to the terms of this agreement will be governed by the laws of the New York, without regard to its choice of law provisions. By using these Services, you agree to personal jurisdiction by the state and federal courts sitting in New York.
10. Entire Agreement
This Agreement constitutes the entire agreement between the parties with respect to the subject matter contained herein and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral, between Intelligize representatives and you. Upon notice published through these Services or otherwise, Intelligize may modify this Agreement at any time.
11. Additional Terms
Other Provisions that govern your use of Intelligize are set forth in online notices appearing in connection with certain information, products, software, services, or features of Intelligize (collectively the “Additional Terms”), all of which are incorporated by reference herein. Your use of any information, products, software, services, or features of Intelligize that are subject to Additional Terms constitutes your acceptance of the respective Additional Terms.