Terms and Conditions

This website, including all of its features and content (this “Website”) is a service made available by Invisinet (“Invisinet” or the “Company”), and all content, information, services [and software] ordered or provided on or through this Website (“Content”) may be used solely under the following terms and conditions (“Terms of Use”). Please review these terms and conditions carefully. If you do not agree with the Terms of Use, you should not use this Website.

1. Website Limited License.

As a user of this Website, you are granted a nonexclusive, nontransferable, revocable, limited license to access and use this Website and Content in accordance with these Terms of Use. The Company may terminate this license at any time for any reason.

2. Limitations on Use; Third Party Communications.

2.1. Limitations on Use.

This Website is provided solely for your own personal non-commercial use. You are prohibited from republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the Website, reverse engineer or break into the Website, or use materials, products or services in violation of any law. Nor may you use any network monitoring or discovery software to determine the Website architecture, or extract information about usage, individual identities or users. You must retain all copyright and other proprietary notices contained on the materials delivered herein. The content of this Website cannot be used, posted, sold, transmitted, distributed, modified or transferred for public or commercial purposes, without the prior written permission of Invisinet. You may not use any robot, spider, other automatic software or device, or manual process to monitor or copy our Website or the Content without the Company's prior written permission. You may not use this Website to transmit any false, misleading, fraudulent or illegal communications. You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes any portion of this Website, except to the extent permitted above. You may not use or otherwise export or re-export this Website or any portion thereof, or the Content in violation of the export control laws and regulations of the United States of America. Any unauthorized use of this Website or its Content is prohibited. You are prohibited from using this Website to post or transmit any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage unlawful conduct. Use of this Website is at the discretion of Invisinet and the Company and/or the Website’s provider may terminate your use of this Website at any time.

2.2. Third Party Communications.

The Company disclaims all liability for any Third-Party Communications you may receive or any actions you may take or refrain from taking as a result of any Third-Party Communications. You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any Third-Party Communications. The Company assumes no responsibility for verifying, and makes no representations or warranties regarding, the identity or trustworthiness of the source or content of any Third-Party Communications. As used herein, “Third-Party Communications” means any communications directed to you from any third party directly or indirectly in connection with this Website. Invisinet makes no representations whatsoever about any other websites, which may be accessed through this Website. Any such non-Company websites are independent of Invisinet and the Company has no control over the content on such website. In addition, a link to a non-Company website does not constitute an endorsement of such website by Invisinet or an acceptance of responsibility by the Company for the content, or the use, of such website. Third-party content may appear on this Website or may be accessible via links from this Website. Invisinet shall not be responsible for and assumes no liability for any infringement, mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third-party content appearing on this Website. You understand that the information and opinions in the third-party content is neither endorsed by nor does it reflect the belief or opinion of the Company.

3. Not Legal Advice.

Content is not intended to and does not constitute legal advice and no attorney-client relationship is formed, nor is anything submitted to this Website treated as confidential. The accuracy, completeness, adequacy or currency of the Content is not warranted or guaranteed. Your use of Content on this Website or materials linked from this Website is at your own risk.

4. Intellectual Property Rights.

Except as expressly provided in these Terms of Use, nothing contained herein shall be construed as conferring on you or any third party any license or right, by implication, estoppel or otherwise, under any law (whether common law or statutory law), rule or regulation including, without limitation those related to copyright or other intellectual property rights. You agree that the Content and Website are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. The trademarks, logos, and service marks (collectively the "Marks") appearing on this Website are registered and unregistered Marks of the Company and others. Use of this Website and the information contained in no way constitutes the granting by the Company of any license or right to use any Marks displayed on this Website. You are strictly prohibited from using the Marks displayed on this Website or any other content on this Website, except as explicitly provided otherwise herein.

5. Linking to this Website.

You may provide links to this Website, provided that (a) you do not remove or obscure, by framing or otherwise, any portion of this Website, including any advertisements, terms of use, copyright notice, and other notices on this Website, (b) you immediately deactivate and discontinue providing links to this Website if requested by the Company, and (c) the Company may deactivate any link(s) at its discretion.

6. Sharing of Information.

Certain sections of this Website allow you to share your information. You agree to provide accurate and complete registration information, should you share your information. It is your responsibility to inform the Company of any changes to that information.

7. Errors and Corrections.

The Company does not represent or warrant that this Website or the Content will be error-free, free of viruses or other harmful components, that defects will be corrected or that it will always be accessible. The Company does not warrant or represent that the Content available on or through this Website will be correct, accurate, timely, or otherwise reliable. The Company may make improvements and/or changes to its features, functionality or Content at any time without notice.

8. Assumption of Risk and Disclaimer.

Your use of this Website and material from this Website is at your own risk. Neither Invisinet, nor any of its agents involved in creating, producing, or delivering this Website is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, this Website or any material from this Website. Without limiting the foregoing, this Website and the material provided on this Website are provided “AS IS” WITHOUT WARRANTY OF ANY KIND EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. Note that some jurisdictions may not allow the exclusion of implied warranties, and where such is the case, this statement would not apply to you.

INVISINET DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS WEBSITE, THE CONTENT, INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) THIRD-PARTY COMMUNICATIONS, (C) ANY THIRD-PARTY WEBSITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS WEBSITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (D) THE UNAVAILABILITY OF THIS WEBSITE, THE CONTENT, OR ANY PORTION THEREOF, (E) YOUR USE OF THIS WEBSITE, THE CONTENT, OR (F) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS WEBSITE OR THE CONTENT. THE COMPANY ALSO ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ARISING FROM OR RELATED TO ACCESS TO, USE OF, OR BROWSING IN THE WEBSITE OR THE DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE WEBSITE.

9. Indemnification.

You shall indemnify, defend and hold Company, its officers, directors, members, employees, agents, licensors, suppliers and any third-party information providers to this Website harmless from and against all claims, losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use by you.

10. Unlawful Activity; Termination of Access; Remedies for Violations.

The Company reserves the right to investigate complaints or reported violations of the Terms of Use and to take any action the Company deems appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third-parties and disclosing any information necessary or appropriate to such persons or entities relating to contact information, usage history, IP addresses and traffic information. The Company reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use.

11. Governing Law and Binding Arbitration Agreement.

The Parties agree that any disputes, claims or controversies arising out of or related in any way to this Agreement which cannot be amicably resolved by the parties shall be submitted to JAMS, or its successor, for sole, final and binding arbitration, in accordance with its JAMS Streamlined Arbitration Rules & Procedures. Any dispute, controversy or claim arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, will be referred to and finally determined by one neutral JAMS arbitrator. The seat of the arbitration will be Houston, Texas. The language to be used in the arbitral proceeding will be English. The arbitrator will be bound to adjudicate all disputes in accordance with the laws of the State of Texas. The parties shall maintain the confidential nature of the arbitration proceeding and the award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision. The decision of the arbitrator shall be in writing with written findings of fact which shall be final and binding on all parties. Judgment upon the award rendered by the Arbitrator may be entered by any court having jurisdiction thereof. By using this Website, you hereby consent and submit to this provision.

12. Additional Terms.

Your use of this Website is subject to Invisinet’s Privacy Policy and Cookie’s Policy.

13. Severability of Provisions.

These Terms of Use incorporate by reference any notices contained on this Website, Invisinet’s Privacy Policy and Invisinet’s Cookie Policy. These notices and policies, along with these Terms of Use constitute the entire agreement with respect to access to and use of this Website and the Content. If any provision of these Terms of Use is unlawful, void or unenforceable, or conflicts with any of the Company’s other terms of service, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.

14. Modifications to Terms of Use.

The Company reserves the right to change these Terms of Use at any time. Updated versions of the Terms of Use will appear on this Website and are effective immediately. You are responsible for regularly reviewing the Terms of Use. Continued use of this Website after any such changes constitutes your consent to such changes.

October 2024