General
Please read these terms of use (the “Terms”) carefully before using the websites of IntegraShare Solutioneering Incorporated and its subsidiaries (collectively “IntegraShare”). By accessing, browsing or using these websites, you acknowledge that you have read, understood, and agree to be bound by these Terms and to comply with all applicable laws and regulations, including United States export and re-export control laws and regulations, diversion contrary to United States export laws is prohibited. If you do not agree to these Terms, you are not authorized to use these websites. These Terms govern your use of the websites, any content (such as text, data, information, software, graphics, or photographs) that IntegraShare may make available through the websites (collectively, “Materials”) and any services that IntegraShare may provide through the websites (collectively, “Services”). The websites, Materials and Services are referred to in these terms collectively as the “IntegraShare Websites.”
IntegraShare reserves the right to modify these Terms, or change or remove features of IntegraShare Websites. We will notify you of any material change to these Terms by posting a notice of the modification on IntegraShare Websites. If we make a material change, you may terminate this agreement within 30 days of us posting the notification. Your continued use of IntegraShare Websites after the date of the modification shall be deemed acceptance of the modified Terms or agreement, as applicable. Additional or different Terms, conditions and notices may apply to specific materials, information, products, software or services offered through the IntegraShare Websites. In the event of any conflict, such additional or different terms, conditions, and notices will prevail over these Terms. Please see the applicable agreement or notice.
These Terms include the Community Participation Terms of Use, and the terms and conditions set forth in the Community Participation Terms of Use are incorporated herein by reference. These Terms, together with any additional terms to which you agree when using particular elements of the IntegraShare Websites, constitute the entire and exclusive and final statement of the agreement between you and IntegraShare with respect to the subject matter hereof, superseding any prior agreements or negotiations between you and IntegraShare with respect to such subject matter. These Terms and the relationship between you and IntegraShare shall be governed by the laws of the State of Texas as applied to agreements made, notwithstanding your actual place of residence. All lawsuits arising from or relating to these Terms or your use of the IntegraShare Websites shall be brought in the Federal or State courts located in Houston, Texas, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. The failure of IntegraShare to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of IntegraShare and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. These Terms shall remain in full force and effect notwithstanding any termination of your use of the IntegraShare Websites. These Terms will be interpreted without application of any strict construction in favor of or against you or IntegraShare. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by IntegraShare without restriction.
Use of Software
To the extent that IntegraShare provides for the download of proprietary IntegraShare software or open source software from IntegraShare’s Websites (“Software”), such Software is protected by the applicable copyright, patent, or other intellectual property rights of either IntegraShare or the third-party licensor. Any use of the Software is subject to the terms of the applicable end-user or open source license agreement.
All evaluation Software is provided “AS IS” for evaluation and internal use only. You may not use evaluation Software for commercial, development or production purposes. In addition, evaluation Software may be time-disabled and may cease to operate after a period of time.
Trademarks
IntegraShare reserves all rights to its trademarks, service marks and logos, which together with the trademarks, service marks and logos of subsidiaries of IntegraShare will be collectively referred to as “IntegraShare Marks.”
No employee or other representative of IntegraShare is authorized to grant permission to use IntegraShare Marks or to provide guidance in their use, unless licensed within a formal written agreement. Thus, any promise or other representation with respect to IntegraShare Marks by an IntegraShare employee in the absence of a formal written agreement cannot be relied upon.
The IntegraShare Marks are highly valued intellectual property, and therefore IntegraShare will take the necessary steps to guard against dilution and the use of third-party marks which are confusingly similar to IntegraShare Marks or which are likely to cause confusion with IntegraShare Marks.
If a formal written agreement licenses one or more of the IntegraShare Marks, unless the agreement provides other authorization, the use will be in accordance with the guidelines posted on IntegraShare’s Partner Portal.
IntegraShare does not object to the use of the IntegraShare Marks (other than logos) to refer specifically to the products of IntegraShare. However, a purely referential use or nominative fair use of the IntegraShare Marks must be in plain text. Qualified legal counsel should be consulted in order to distinguish a referential use from an infringing use.
In the United States, registered IntegraShare Marks should be designated by the symbol “®”, while unregistered IntegraShare Marks should be identified by a “™” designation. The IntegraShare Marks must be used as adjectives, rather than as nouns or verbs.
Linking To IntegraShare Websites
Linking to the IntegraShare Websites (including an internal or subsidiary page of any website comprising a part of the IntegraShare Websites) must be approved in writing by IntegraShare, except a limited, revocable right to create a hyperlink to the website is granted under condition that the website on which the hyperlink resides:
- does not utilize content of a IntegraShare Website;
- does not utilize a IntegraShare logo;
- does not use framing of a IntegraShare Website;
- does not misrepresent an affiliation or other relationship with IntegraShare;
- does not misrepresent any possible endorsement by IntegraShare;
- does not contain content that could be construed as illegal, distasteful, offensive or controversial; and
- is promptly modified to delete the hyperlink upon request by IntegraShare.
Copyright
Except where otherwise specified, the contents of the IntegraShare Websites are copyright (c) 2020 IntegraShare Solutioneering Incorporated, 4747 Research Forest Drive, Suite 180-305, The Woodlands, Texas 77381, USA. All rights reserved.
The contents of the IntegraShare Websites are subject to protection under U.S. and foreign copyright laws. You may not copy or distribute any portion of the IntegraShare Websites, except as necessary to view the IntegraShare Websites.
Please direct any questions or comments to IntegraShare at info@integrashare.com
Links to Third Party Sites
Links on the IntegraShare Websites to third-party websites are provided solely for your convenience. If you access those links, you will leave the IntegraShare Websites. IntegraShare does not endorse or make any representations about such third-party websites, and IntegraShare is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on those websites. IntegraShare does not control those websites, and IntegraShare is not responsible for the contents of any third-party websites, any links contained in third-party websites or any changes or updates to third-party websites.
Anti-Piracy/License Compliance
IntegraShare protects its technology vigilantly and permits others to use it by virtue of license agreements. The use or distribution of IntegraShare software without permission from IntegraShare is software piracy. IntegraShare directly distributes and directly sells its product worldwide. IntegraShare does not distribute or sell its product through unauthorized channels such as auctions, peer-to-peer networking, or through illegal download sites offering key or serial number generators. If you are contemplating or have obtained IntegraShare software through one of these avenues, you likely will find yourself with pirated software. Please contact IntegraShare for assistance with your own or another’s unauthorized use of IntegraShare software.
Indemnification
You agree to indemnify, defend and hold harmless IntegraShare, its subsidiaries, and other affiliated companies (and the respective officers, directors, employees or agents of any such entities) from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your (or anyone using your account, computer or software’s) use of the IntegraShare Websites or violation of these Terms. IntegraShare reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with IntegraShare’s defense of such claim, and in no event may you agree to any settlement affecting IntegraShare without IntegraShare’s written consent.
Electronic Communications
When you visit the IntegraShare Websites or send e-mails to IntegraShare, you are communicating with IntegraShare electronically. We may respond to you by e-mail or by posting notices on the IntegraShare Websites. You agree that all such notices, disclosures and other communications that IntegraShare provides to you electronically satisfy any legal requirement that such communications be in writing.
United States Government Rights
All IntegraShare products and publications are commercial in nature. The software, publications and software documentation available on the IntegraShare Websites are “Commercial Items,” as that term is defined in 48 C.F.R.§2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are defined in 48 C.F.R. §252.227-7014(a)(1) and 48 C.F.R. §252.227-7014(a)(5), and used in 48 C.F.R. §12.211, 48 C.F.R. §12.212 and 48 C.F.R. §227.7202, as applicable. Pursuant to 48 C.F.R. §12.211, 48 C.F.R. §12.212, 48 C.F.R.§252.227-7015, 48 C.F.R. §227.7202 through 227.7202-4, 48 C.F.R. §52.227-19 and other relevant sections of the Code of Federal Regulations, as applicable, IntegraShare’s publications, commercial computer software and commercial computer software documentation are distributed and licensed to United States Government end users with only those rights as granted to all other end users, according to the terms and conditions contained in the license agreements that accompany the products and software documentation and the terms and conditions herein.
Disclaimers
Information on the IntegraShare Websites is not promised or guaranteed to be correct, current or complete, and the IntegraShare Websites may contain technical inaccuracies or typographical errors. IntegraShare assumes no responsibility (and expressly disclaims responsibility) for updating the IntegraShare Websites to keep information current or to ensure the accuracy or completeness of any posted information. Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision related to any services, products or other matters described in the IntegraShare Websites. IntegraShare provides no assurances that any reported problems will be resolved by IntegraShare, even if IntegraShare elects to provide information with the goal of addressing a problem.
ALL INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON THE INTEGRASHARE WEBSITES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” WITH NO WARRANTIES OR GUARANTEES OF ANY KIND. INTEGRASHARE EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY OR OTHER WARRANTIES, GUARANTEES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE AND NONINFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS, AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, INTEGRASHARE MAKES NO WARRANTY THAT THE INTEGRASHARE WEBSITES WILL MEET YOUR REQUIREMENTS OR THAT THE INTEGRASHARE WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.
Limitation of Liability
IN NO EVENT WILL INTEGRASHARE BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES OR (B) ANY DAMAGES WHATSOEVER IN EXCESS OF US$100.00, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, REVENUES OR SAVINGS, LOSS OR DAMAGE TO DATA OR BUSINESS INTERRUPTION ARISING OUT OF THE USE OF OR INABILITY TO USE THE INTEGRASHARE WEBSITES OR ANY MATERIALS, INFORMATION, PRODUCTS OR SERVICES ACCESSED ON OR THROUGH THESE WEBSITES, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE OR ANY OTHER LEGAL THEORY AND EVEN IF INTEGRASHARE HAS BEEN ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES.
Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that IntegraShare may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of IntegraShare’s liability shall be the minimum permitted under such applicable law.