Terms and conditions

• Acceptance of the Terms and Conditions

  By accessing, sharing links to, or using this website you confirm your acceptance of these Terms and Conditions (the “TAC”). Ingenios, Inc. (“Ingenios”) reserves, and shall have, the right to amend, remove or add to the TAC at any time. Ingenios shall make you aware of such amendments which shall be effective immediately. Your access, link to, or use of the Services (as defined below), after the effective date of the amended TAC, will constitute your acceptance of the TAC, as amended.

• Use of Services and License

  Ingenios provides software products and solutions developed by Ingenios for its customers (the “Services”). You acquire absolutely no rights or licenses in or to the Services other than the limited right to utilize the Services in accordance with these TAC.

• Third-Party Content

  As part of the Services, Ingenios may occasionally link to, or promote websites, services, content, or data from other companies or offer the user the ability to download digital files created by other companies (“Third-Party Content”). Ingenios takes rigorous steps to verify and validate the truthfulness and accuracy of the information contained in the Third-Party Content, however, the Third-Party Content is ultimately under the control and is the sole responsibility of the owners and operators of such other companies.

• Use of Services and Restrictions on Use

  You agree that you shall not use the Services for any illegal purpose or in any manner not consistent with the TAC. You may not use the Services for any illegal purpose, for the facilitation of the violation of any law or regulation, or in any manner inconsistent with these TAC. You agree to use the Services solely for your own use and benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity. Except as expressly permitted by us in writing you may not copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to, create derivative works from, transmit, transfer, sell, license, upload, edit post, frame, link, or in any way exploit any part of the Services, except that you may download material from the Services and/or make one print copy for your own personal use, provided that you retain all copyright and other proprietary notices.

• Indemnity

  You agree to defend, indemnify and hold harmless, Ingenios and affiliates together with their respective employees, agents, directors, officers, and shareholders, from and against all the liabilities, claims, damages, and expenses, including reasonable attorneys’ fees and costs, arising out of your use of the Services, any breach or alleged breach of the TAC or any infringement of the copyright, trademark, service marks, proprietary or other rights of any third parties to the extent that the liability, claims, damages and expenses are a result of negligence or willful misconduct on your part.

• Proprietary Rights

  You acknowledge and agree that the Services and any software used in connection with the Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Third-Party Content is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. You further agree not to resell or distribute any of the said protected information or Third-Party Content to any third party or to use it in any way which may cause any kind of damage to Ingenios or infringe on the property rights of owners of such protected information or Third-Party Content.

• Disclaimer

  YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

  1. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND ACKNOWLEDGE THAT THE SERVICES, INCLUDING, BUT NOT LIMITED TO, CONTENT, SERVICES, GOODS, OR ADVERTISEMENTS ARE PROVIDED “AS IS” AND “AS AVAILABLE”. YOU FURTHER AGREE THAT INGENIOS MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SERVICE, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, NON-INFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE OR USE.
  2. INGENIOS MAKES NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (C) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, OR (D) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
  3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
  4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM INGENIOS OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TAC.
  5. LIMITATION OF LIABILITY.

  TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAWS, NEITHER PARTY HERETO, NOR ITS RESPECTIVE SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL BE LIABLE TO THE OTHER PARTY HERETO, OR ANY THIRD PARTY, FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, EVEN IF SUCH DAMAGES ARE REASONABLY FORESEEABLE OR SUCH PARTY OTHERWISE WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM ANY USE OF THIS WEBSITE AND SERVICES. EXCEPT FOR FEES DUE AND OWING BY YOU FOR THE SERVICES AND THE INDEMNIFICATION IN SECTION 5, NEITHER INGENIOS NOR YOU SHALL BE LIABLE FOR DAMAGES IN EXCESS OF, AND LIABILITY SHALL BE LIMITED TO USD $1,000.

• Termination

  You agree that Ingenios, in its sole discretion, may terminate, change or limit all or any of the Services, or their availability to you, notice at any time and without prior notice, with or without cause. If Ingenios terminates any of the Services without cause, Ingenios shall refund on a pro-rata basis any pre-paid unused fees for such terminated Services. You agree that you may terminate the agreement for convenience at any time without prior written notice, with or without cause. If you terminate the agreement without cause, all subscription fees already paid for future periods will be forfeited. Any unpaid fees for services already performed will be payable immediately.

• Copyrights and Copyright Agent

  Ingenios respects the rights of all copyright holders and has implemented a policy that provides for the protection of the rights of copyright holders. If you believe that your work has been used in a way that constitutes copyright infringement, please provide Ingenios Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single website are covered by a single notification, a representative list of such works at that website;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  • Information reasonably sufficient to permit us to contact the complaining party;
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

• Entire Agreement

  These TAC constitutes the entire understanding and agreement and supersedes any prior or contemporaneous agreements between you and Ingenios with respect to the subject matter hereof.