Terms of Service and Privacy Policy

The following are the Terms of Service and Privacy Policy for Intellivant, intellivant.com and Intellivant, Inc., the owner of intellivant.com.

INTELLIVANT, INTELLIVANT.COM AND INTELLIVANT, INC. TERMS OF SERVICE

1. ACCEPTANCE OF TERMS
Intellivant.com is a wholy owned property of Intellivant, Inc. (“Intellivant”) which provides website and software services to you subject to the following Terms of Service (“TOS”), which may be updated from time to time without notice. You can review the most current version of the TOS any time at: http://intellivant.com/terms-privacy/. In addition, when using any particular Intellivant-owned or -operated services, you and Intellivant shall be subject to any posted guidelines or rules applicable to such services, which may be modified from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. Our Services are very diverse, so sometimes additional terms or product requirements (including age requirements) may apply. Additional terms will be available with the relevant Services, and those additional terms become part of your agreement with us if you use those Services. By using our Services, you are agreeing to these terms. Please read them carefully.

2. DESCRIPTION OF SERVICE
Intellivant provides users with access to a rich collection of resources, including various communications tools, search services, and personalized content through its network of properties which may be accessed through any medium or device now known or hereafter developed (the “Service”). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for Intellivant to provide the Service. You also understand and agree that the Service may include certain communications from Intellivant, such as service announcements, administrative messages, and newsletter(s), and that these communications are considered part of your membership. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Intellivant properties, shall be subject to the TOS. You understand and agree that the Service is provided “AS-IS” and that Intellivant assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.

3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Intellivant has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Intellivant has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

You must follow any policies made available to you within the Services.

Don’t misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.

Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.

Our Services display some content that is not Intellivant’s. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don’t assume that we do.

In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.

4. INTELLIVANT PRIVACY POLICY
Intellivant’s privacy policies explain how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that Intellivant can use such data in accordance with our privacy policies.

Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy at http://intellivant.com/terms-privacy/. You understand that through your use of the Service you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by Intellivant.

5. MEMBER ACCOUNT, PASSWORD, AND SECURITY
You may need an Intellivant Account in order to use some of our Services. You may create your own Intellivant Account, or your Intellivant Account may be assigned to you by an administrator, such as your employer or educational institution. If you are using an Intellivant Account assigned to you by an administrator, different or additional terms may apply and your administrator may be able to access or disable your account.

You will create a password and account designation upon completing the Service’s registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Intellivant of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Intellivant cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.

6. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials, whether publicly posted or privately transmitted (“Content”), are the sole responsibility of the person from whom such Content originated. This means that you, and not Intellivant, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Intellivant does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent, or objectionable. Under no circumstances will Intellivant be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

You agree to not use the Service to:

  • Upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
  • Harm minors in any way;
  • Impersonate any person or entity, including, but not limited to, an Intellivant official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
  • Upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • Upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other intellectual or proprietary rights (“Rights”) of any party;
  • Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising or promotional materials, except in those areas (such as shopping) that are designated for such purpose; in no event , however, is junk mail, spam, chain letters, pyramid or Ponzi schemes, or the like allowed;
  • Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • Disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
  • Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
  • Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
  • Provide material support or resources (or conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
  • “Stalk” or otherwise harass another; and/or
  • Collect or store personal data about other users in connection with the prohibited conduct and activities set forth in this document.

You acknowledge that Intellivant may or may not pre-screen Content, but that Intellivant and its designees shall have the right (but not the obligation) in its sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, Intellivant and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content, including without limitation information in message boards and in all other parts of the Service.

You acknowledge, consent, and agree that Intellivant may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Intellivant, its principals, employees, associates, affiliates, users, and the public.

You understand that the technical processing and transmission of the Service, including your Content, may involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Intellivant and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution, or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.

When a Service requires or includes downloadable software, this software may update automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings.

Intellivant gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Intellivant as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Intellivant, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.

Open source software is important to us. Some software used in our Services may be offered under an open source license that we will make available to you. There may be provisions in the open source license that expressly override some of these terms.

7. INTERSTATE NATURE OF COMMUNICATIONS ON INTELLIVANT NETWORK
When you register, you acknowledge that in using Intellivant services to send electronic communications you will be causing communications to be sent through Intellivant’s computer networks, which are located in various locations in the United States, and portions of which are located abroad. As a result, and also as a result of Intellivant’s network architecture, business practices, and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where one is physically located at the time of transmission.

Accordingly, by agreeing to this TOS, you acknowledge that use of the service results in interstate and international data transmissions.

8. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

9. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
Some of our Services allow you to submit content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours.

When you upload or otherwise submit content to our Services, you give Intellivant (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services. Some Services may offer you ways to access and remove content that has been provided to that Service. Also, in some of our Services, there are terms or settings that narrow the scope of our use of the content submitted in those Services. Make sure you have the necessary rights to grant us this license for any content that you submit to our Services.

Intellivant does not claim ownership of Content you submit or make available for inclusion on the Service, however, with respect to Content you submit or make available for inclusion on publicly-accessible areas of the Service, you grant Intellivant and its Affiliate Companies the following worldwide, royalty-free, and non-exclusive license(s), as applicable:

  • With respect to photos, graphics, audio, or video you submit or make available for inclusion on publicly-accessible areas of the Service, the license to use, distribute, reproduce, modify, adapt, publicly perform, and publicly display such Content on the Service. This license exists only for as long as you elect to continue to include such Content on the Service and terminates at the time you or Intellivant removes such Content from the Service.
  • With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly-accessible areas of the Service, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.

“Publicly accessible” areas of the Service are those areas of the Intellivant network of properties that are intended by Intellivant to be available to the general public.

You can find more information about how Intellivant uses and stores content in the privacy policy or additional terms for particular Services. If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you.

10. INDEMNITY
You agree to indemnify and hold Intellivant and its Affiliate Companies, and their officers, agents, employees, partners, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

11. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell, or exploit for any commercial purposes, any portion of the Service (including your membership ID), use of the Service, or access to the Service.

12. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Intellivant may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on Intellivant’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Intellivant has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that Intellivant reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Intellivant reserves the right to modify these general practices and limits from time to time without notice.

13. MODIFICATIONS TO SERVICE
We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether.

You can stop using our Services at any time, although we will be sorry to see you go. Intellivant may also stop providing Services to you, or add or create new limits to our Services at any time.

We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service.

Intellivant reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Intellivant shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service for any reason.

14. TERMINATION
You agree that Intellivant may, in its sole discretion and without prior notice, immediately terminate your account, deny access to any and all associated Content entered by you or related parties, and deny access to the Service for reasons that include, but are not limited to: (a) breaches or violations of the TOS or other incorporated agreements or guidelines; (b) requests by law enforcement or other government agencies; (c) a request by you (self-initiated account deletions); (d) discontinuance or material modification to the Service (or any part thereof); (e) unexpected technical or security issues or problems; (f) extended periods of inactivity; (g) engagement by you in fraudulent or illegal activities; and/or (h) nonpayment of any fees owed by you in connection with the Services.

Termination of your account includes (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, files, and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Service. Further, you agree that Intellivant shall not be liable to you or any third party for any such termination of your account, any associated email address, or access to the Service.

15. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such advertiser. You agree that Intellivant shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

16. LINKS
The Service may provide, or third parties may provide, links to other websites or resources. Because Intellivant has no control over such sites and resources, you acknowledge and agree that Intellivant is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Intellivant shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

17. INTELLIVANT PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as otherwise provided or expressly authorized by Intellivant, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Software, in whole or in part.

18. DISCLAIMER OF WARRANTIES
We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services.

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER INTELLIVANT NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTION OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”.

SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

  • YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. INTELLIVANT, AND THEIR OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
  • INTELLIVANT AND ITS OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS, MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
  • ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
  • NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM INTELLIVANT OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
  • A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

19. LIMITATION OF LIABILITY
WHEN PERMITTED BY LAW, INTELLIVANT, AND INTELLIVANT’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF INTELLIVANT, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).

IN ALL CASES, INTELLIVANT, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT INTELLIVANT, AND ITS OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH LOSSES ARE REASONABLY FORESEEABLE OR INTELLIVANT HAS ACTUAL NOTICE OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

20. EXCLUSIONS AND LIMITATIONS
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 OF SECTIONS 18 AND 19 MAY NOT APPLY TO YOU.

21. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
The Service is provided for informational purposes only, and neither the Service nor the Content included in the Service is intended for trading or investing purposes. Intellivant and its licensors shall not be responsible or liable for the accuracy, usefulness, or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions based on such information.

22. BUSINESS USES OF OUR SERVICES
If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Intellivant and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.

23. NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.

24. NOTICE
Intellivant may provide you with notices, including those regarding changes to the TOS, by email, regular mail or postings on the Service.

25. TRADEMARK INFORMATION
All logos, product, and service names related to these TOS are trademarks of Intellivant (the “Intellivant Marks”). Without Intellivant’s prior permission, you agree not to display or use in any manner the Intellivant Marks.

26. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
Intellivant respects the intellectual property of others, and we ask our users to do the same. We respond to notices of alleged copyright infringement according to the process set out in the U.S. Digital Millennium Copyright Act. Intellivant may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be intentional or repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide Intellivant’s Intellectual Property Agent the following information in a writing signed (either physically or digitally) by the owner of the copyright or other intellectual property interest or a person authorized to act on his or her behalf:

  • A description of the copyrighted work or other intellectual property that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on the site;
  • Your address, telephone number, and email address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the intellectual property owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

You may give the above notice to Intellivant’s Intellectual Property Agent:

By mail:
Intellivant, Inc.
15 Paradise Plaza #107
Sarasota, FL 34239

By email:
Contact Us

27. GENERAL INFORMATION
We may modify these terms or any additional terms that apply to a Service to reflect changes to the law or changes to our Services. You should look at the terms regularly. We’ll post notice of modifications to these terms on this page. We’ll post notice of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.

If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.

These terms control the relationship between Intellivant and you. They do not create any third party beneficiary rights.

If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).

If it turns out that a particular term is not enforceable, this will not affect any other terms.

Entire Agreement. The TOS constitutes the entire agreement between you and Intellivant and governs your use of the Service, superseding any prior agreements between you and Intellivant with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Intellivant services, affiliate services, third-party content, or third-party software.

Choice of Law and Forum. The TOS and the relationship between you and Intellivant shall be governed by the laws of the State of Florida without regard to any principles of conflicts of law. You and Intellivant agree to submit to the personal and exclusive jurisdiction of the courts sitting in and for the county of Sarasota, Florida.

Waiver and Severability of Terms. The failure of Intellivant to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

No Right of Survivorship and Non-Transferability. You agree that your Intellivant account is non-transferable and any rights to your membership ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the TOS are for convenience only and have no legal or contractual effect.

If it turns out that a particular term is not enforceable, this will not affect any other terms.

28. VIOLATIONS
Please contact us to report any violations of these TOS.

INTELLIVANT, INTELLIVANT.COM AND INTELLIVANT, INC. PRIVACY POLICY

There are many different ways you can use our services. When you share information with us, we can use that information to make those services even better. As you use our services, we want you to be clear how we are using information and the ways in which you can protect your privacy.

Our Privacy Policy explains:

  • What information we collect and why we collect it.
  • How we use that information.
  • The choices we offer, including how to access and update information.

We’ve tried to keep it as simple as possible, but if you’re not familiar with terms like cookies, IP addresses, pixel tags and browsers, then read about these key terms first. Your privacy matters to Intellivant so whether you are new to Intellivant or a long-time user, please do take the time to get to know our practices – and if you have any questions contact us.

The Intellivant.com Privacy Policy is designed to assist you in understanding how we collect and use the personal information you provide to us and to assist you in making informed decisions when using our site and our products and services. Intellivant.com is a service offering of Intellivant, Inc. (“Intellivant”), and references in this document to “us,” “our,” and “we” refer to Intellivant.

What Information Do We Collect?
We collect information to provide better services to all of our users – from figuring out basic stuff like which language you speak, to more complex things like which ads you’ll find most useful or the people who matter most to you online.

When you visit our website you may provide us with two types of information: (1) personal information you knowingly choose to disclose that is collected on an individual basis and (2) website use information collected on an aggregate basis as you and others browse the site.

1. Personal Information You Choose to Provide
For example, many of our services require you to sign up for an Intellivant Account. When you do, we’ll ask for personal information, like your name, email address, telephone number or credit card. If you want to take full advantage of the sharing features we offer, we might also ask you to create a publicly visible Intellivant Profile, which may include your name and photo.

Registration Information
You will provide us information about yourself, your firm or company, and your practices when you purchase intellivant.com products and services, register for forum support, or register for email newsletters and alerts.

Email Information
If you choose to correspond with us through email, we may retain the content of your email messages together with your email address and our responses.

2. Website Use Information
This is information we get from your use of our services. We may collect information about the services that you use and how you use them, like when you visit a website that uses our advertising services or you view and interact with our ads and content. This information includes:

Device information
We may collect device-specific information (such as your hardware model, operating system version, unique device identifiers, and mobile network information including phone number). Intellivant may associate your device identifiers or phone number with your Intellivant Account.

Log information
When you use our services or view content provided by Intellivant, we may automatically collect and store certain information in server logs. This may include:

  • Details of how you used our service, such as your search queries.
  • Telephony log information like your phone number, calling-party number, forwarding numbers, time and date of calls, duration of calls, SMS routing information and types of calls.
  • Internet protocol address.
  • Device event information such as crashes, system activity, hardware settings, browser type, browser language, the date and time of your request and referral URL.
  • Cookies that may uniquely identify your browser or your Intellivant Account.

Location information
When you use a location-enabled Intellivant service, we may collect and process information about your actual location, like GPS signals sent by a mobile device. We may also use various technologies to determine location, such as sensor data from your device that may, for example, provide information on nearby Wi-Fi access points and cell towers.

Unique application numbers
Certain services include a unique application number. This number and information about your installation (for example, the operating system type and application version number) may be sent to Intellivant when you install or uninstall that service or when that service periodically contacts our servers, such as for automatic updates.

Local storage
We may collect and store information (including personal information) locally on your device using mechanisms such as browser web storage (including HTML 5) and application data caches.

Cookies and anonymous identifiers
We use various technologies to collect and store information when you visit an Intellivant service, and this may include sending one or more cookies or anonymous identifiers to your device. We also use cookies and anonymous identifiers when you interact with services we offer to our partners, such as advertising services or Intellivant features that may appear on other sites.

How Do We Use the Information That You Provide to Us?
Broadly speaking, we use personal information for purposes of administering and expanding our business activities, providing customer service and making available other products and services to our customers and prospective customers. Occasionally, we may also use the information we collect to notify you about important changes to this website, new services and special offers we think you will find valuable. You may notify us of your desire not to receive these offers by clicking the unsubscribe link contained in each such email.

We use the information we collect from all of our services to provide, maintain, protect and improve them, to develop new ones, and to protect Intellivant and our users. We also use this information to offer you tailored content.

We may use the name you provide for your Intellivant Profile across all of the services we offer that require an Intellivant Account. In addition, we may replace past names associated with your Intellivant Account so that you are represented consistently across all our services. If other users already have your email, or other information that identifies you, we may show them your publicly visible Intellivant Profile information, such as your name and photo.

When you contact Intellivant, we may keep a record of your communication to help solve any issues you might be facing. We may use your email address to inform you about our services, such as letting you know about upcoming changes or improvements.

We use information collected from cookies and other technologies, like pixel tags, to improve your user experience and the overall quality of our services. For example, by saving your language preferences, we’ll be able to have our services appear in the language you prefer. When showing you tailored ads, we will not associate a cookie or anonymous identifier with sensitive categories, such as those based on race, religion, sexual orientation or health.

We may combine personal information from one service with information, including personal information, from other Intellivant services – for example to make it easier to share things with people you know.

We will ask for your consent before using information for a purpose other than those that are set out in this Privacy Policy.

Intellivant processes personal information on our servers in many countries around the world. We may process your personal information on a server located outside the country where you live.

What Are Cookies?
A cookie is a very small text document, which often includes an anonymous unique identifier. When you visit a website, that site’s computer asks your computer for permission to store this file in a part of your hard drive specifically designated for cookies. Each website can send its own cookie to your browser if your browser’s preferences allow it, but (to protect your privacy) your browser only permits a website to access the cookies it has already sent to you, not the cookies sent to you by other sites. Some of our business partners (e.g., advertisers) use cookies that originate from their sites. We have no access or control over those cookies.

How Do We Use Information We Collect from Cookies?
As you use this website, the site uses its cookies to differentiate you from other users. In some cases, we also use cookies to prevent you from seeing unnecessary advertisements or requiring you to log in more than is necessary for security. Cookies, in conjunction with our web server’s log files, allow us to calculate the aggregate number of people visiting this site and which parts of the site are most popular. This helps us gather feedback in order to constantly improve this site and better serve our customers. Cookies do not allow us to gather any personal information about you and we do not generally store any personal information that you provided to us in your cookies.

Transparency and Choice
People have different privacy concerns. Our goal is to be clear about what information we collect, so that you can make meaningful choices about how it is used. For example, you can:

  • Review and control certain types of information tied to your Intellivant Account by using the Intellivant Dashboard.
  • View and edit your ads preferences, such as which categories might interest you, using the Ads Preferences Manager. You can also opt out of certain Intellivant advertising services here.
  • Use our editor to see and adjust how your Intellivant Profile appears to particular individuals.
  • Control who you share information with.
  • Take information out of many of our services.
  • You may also set your browser to block all cookies, including cookies associated with our services, or to indicate when a cookie is being set by us. However, it’s important to remember that many of our services may not function properly if your cookies are disabled. For example, we may not remember your language preferences.

Information you share
Many of our services let you share information with others. Remember that when you share information publicly, it may be indexable by search engines. Our services provide you with different options on sharing and removing your content.

Accessing and updating your personal information
Whenever you use our services, we aim to provide you with access to your personal information. If that information is wrong, we strive to give you ways to update it quickly or to delete it – unless we have to keep that information for legitimate business or legal purposes. When updating your personal information, we may ask you to verify your identity before we can act on your request.

We may reject requests that are unreasonably repetitive, require disproportionate technical effort (for example, developing a new system or fundamentally changing an existing practice), risk the privacy of others, or would be extremely impractical (for instance, requests concerning information residing on backup tapes).

Where we can provide information access and correction, we will do so for free, except where it would require a disproportionate effort. We aim to maintain our services in a manner that protects information from accidental or malicious destruction. Because of this, after you delete information from our services, we may not immediately delete residual copies from our active servers and may not remove information from our backup systems.

Sharing Information with Third Parties
Information we share
We do not share personal information with companies, organizations and individuals outside of Intellivant unless one of the following circumstances apply:

With your consent
We will share personal information with companies, organizations or individuals outside of Intellivant when we have your consent to do so. We require opt-in consent for the sharing of any sensitive personal information.

With domain administrators
If your Intellivant Account is managed for you by a domain administrator (for example, for Intellivant Apps users) then your domain administrator and resellers who provide user support to your organization will have access to your Intellivant Account information (including your email and other data). Your domain administrator may be able to:

  • View statistics regarding your account, like statistics regarding applications you install.
  • Change your account password.
  • Suspend or terminate your account access.
  • Access or retain information stored as part of your account.
  • Receive your account information in order to satisfy applicable law, regulation, legal process or enforceable governmental request.
  • Restrict your ability to delete or edit information or privacy settings.
  • Please refer to your domain administrator’s privacy policy for more information.

For external processing
We provide personal information to our affiliates or other trusted businesses or persons to process it for us, based on our instructions and in compliance with our Privacy Policy and any other appropriate confidentiality and security measures.

For legal reasons
We will share personal information with companies, organizations or individuals outside of Intellivant if we have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to:

  • Meet any applicable law, regulation, legal process or enforceable governmental request.
  • Enforce applicable Terms of Service, including investigation of potential violations.
  • Detect, prevent, or otherwise address fraud, security or technical issues.
  • Protect against harm to the rights, property or safety of Intellivant, our users or the public as required or permitted by law.
  • We may share aggregated, non-personally identifiable information publicly and with our partners – like publishers, advertisers or connected sites. For example, we may share information publicly to show trends about the general use of our services.

If Intellivant is involved in a merger, acquisition or asset sale, we will continue to ensure the confidentiality of any personal information and give affected users notice before personal information is transferred or becomes subject to a different privacy policy.

The information we collect is used to improve the content of this site and the quality of our service, and is not shared with or sold to other organizations for commercial purposes. That being said, your information could be shared under the following circumstances:

We use third parties to facilitate our business, including, but not limited to, sending email and processing payments. In connection with these offerings and business operations, these third parties may have access to your personal information for use in connection with those business activities.

As we develop our business, we may buy or sell assets or business offerings. Customer, email, and visitor information is generally one of the transferred business assets in these types of transactions.

We may also transfer such information in the course of corporate divestitures, mergers, or any dissolution.

If it becomes necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our Terms of Service, or as otherwise required by law.

Notice of New Services and Changes
Occasionally, we may also use the information we collect to notify you about important changes to this website, new services, and special offers we think you will find valuable. As our customer, you will be given the opportunity to notify us of your desire not to receive these offers by clicking the unsubscribe link contained in each such email.

How Do We Secure Information?
We work hard to protect Intellivant and our users from unauthorized access to or unauthorized alteration, disclosure or destruction of information we hold. In particular:
We encrypt many of our services using SSL.

  • We review our information collection, storage and processing practices, including physical security measures, to guard against unauthorized access to systems.
  • We restrict access to personal information to Intellivant employees, contractors and agents who need to know that information in order to process it for us, and who are subject to strict contractual confidentiality obligations and may be disciplined or terminated if they fail to meet these obligations.

Email is not recognized as a secure medium of communication. For this reason, we request that you do not send private information to us by email. Some of the information you may enter on this site may be transmitted securely via Secure Sockets Layer SSL, 128 bit encryption services. Pages utilizing this technology will have URLs that start with HTTPS instead of HTTP.

Certain Disclosures
We may disclose your personal information if required to do so by law or subpoena or if we believe that such action is necessary to (a) conform to the law or comply with legal process served on us or affiliated parties; (b) protect and defend our rights and property, our site, the users of our site, and/or our affiliated parties; (c) act under circumstances to protect the safety of users of our site, us, or third parties.

What About Other Websites Linked to This Site?
We are not responsible for the practices employed by websites linked to or from our site nor the information or content contained therein. Often links to other websites are provided solely as pointers to information on topics that may be useful to the users of our site. Please remember that when you use a link to go from our site to another website, our Privacy Policy is no longer in effect. Your browsing and interaction on any other website, including sites which have a link on our site, is subject to that website’s own rules and policies. Please read over those rules and policies before proceeding.

Your Consent
By using this site you consent to our collection and use of your personal information as described in this Privacy Policy. If we change our privacy policies and procedures, we will post those changes on this site to keep you aware of what information we collect, how we use it and under what circumstances we may disclose it.

Application
Our Privacy Policy applies to all of the services offered by Intellivant, Inc. and its affiliates, including services offered on other sites, but excludes services that have separate privacy policies that do not incorporate this Privacy Policy.

Our Privacy Policy does not apply to services offered by other companies or individuals, including products or sites that may be displayed to you in search results, sites that may include Intellivant services, or other sites linked from our services. Our Privacy Policy does not cover the information practices of other companies and organizations who advertise our services, and who may use cookies, pixel tags and other technologies to serve and offer relevant ads.

Enforcement
We regularly review our compliance with our Privacy Policy. We also adhere to several self regulatory frameworks. When we receive formal written complaints, we will contact the person who made the complaint to follow up. We work with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the transfer of personal data that we cannot resolve with our users directly.

Changes
Our Privacy Policy may change from time to time. We will not reduce your rights under this Privacy Policy without your explicit consent. We will post any privacy policy changes on this page and, if the changes are significant, we will provide a more prominent notice (including, for certain services, email notification of privacy policy changes).