Legal Information - Website Terms & Conditions of Use
Last Revised: February 8, 2009
1. Introduction
Inhite makes this Site available to you to enhance access and use to information about its initiatives and policies in general and to provide information about its business and about certain information, products and services available to you. Please inform us immediately of any possible violation of our policies.
This website (located at http://www.inhite.com) is owned and operated by Inhite, Inc. Hereinafter referred to as “INHITE”.
Please read these Terms of Use (as defined below) carefully. Your access to, and use of, the website, http://www.inhite.com or derivations thereof (the "Site") is provided by and is subject to the terms, conditions and notices set out herein and in our Privacy Policy ("Terms of Use") and all applicable laws and regulations. By accessing and using the Site, you accept and agree to be bound by, without limitation or qualification, these Terms of Use and acknowledge that any other agreements between you and INHITE are superseded with respect to this subject matter.
If you do not agree and accept, without limitation or qualification, these Terms of Use, then you do not have permission to access the contents of this website and therefore should cease using this Site immediately. By continuing to use the Site you are deemed to accept and to be bound by the Terms of Use (as amended from time to time). We may change the Terms of Use at any time at our sole discretion and your continued use of the Site after any such changes are made, will indicate your agreement to those varied terms. For the purposes of the Terms of Use "we", "our" and "us" refers to INHITE and any reference to "you" or "your" means you, the user.
2. Ownership of Content
The Site and all of its contents including, but not limited to, the text, as well as the organization and layout of the Site, design, logos, graphics, icons and images (the "Content") are owned and copyrighted by INHITE or others (including our licensors) with all rights reserved unless otherwise noted. All trademarks, copyright, database rights, design rights, patents and other intellectual property rights (together "the Rights") in the Content and the Rights in any software or underlying software code that is made available for download from the Site ("Software") are owned by us or our licensors or are otherwise used by us as permitted by applicable law. Any Content that is a trademark, logo or service mark is also a registered or unregistered trademark of INHITE and/or third parties. Nothing contained in these Terms of Use shall be construed as conferring in any way (express or implied) any licence or right to use any Rights of INHITE or any other third party. Where the Content is owned or copyrighted by a third party, certain restrictions may apply that you have to comply with. Where these apply, they will be indicated on the relevant part of this Site. Your use of any Content, except as provided in these Terms of Use, without the written permission of INHITE is strictly prohibited. You are also advised that INHITE will enforce their intellectual property rights to the fullest extent permitted by the law, including the seeking of criminal prosecution.
3. Your Use of the Site
INHITE hereby grants you permission to use the Site as follows:
3.a — You may download the Content, but only for informational, non-commercial, non-profitable and personal use and provided that you do not remove, adapt, alter or obscure any of the information, Content or notices (such as copyright and other proprietary notices) contained in the Content. You may not (without the prior written permission of INHITE or in accordance with the United States Copyright Law) copy, reproduce, republish, download, post, broadcast, store in any medium (including in any other website), transmit, re-transmit, make available to the public, or otherwise use the Content (including, but not limited to, "caching" any material on the Site for access by third parties or "mirroring" any material on the Site) in any way except for your own personal, non-commercial use. Any other use of the Content or the Site requires the prior written permission of INHITE;
3.b — Content within the "Press", "News" and/or "Events" sections of the Site may be reproduced solely for editorial purposes in daily newspapers, general circulation news magazines, trade publications and broadcast media;
3.c — You may not distribute, modify, copy (except as set forth above), transmit, display, reuse, reproduce, publish, license, create derivative works from, transfer, sell or otherwise use Content without INHITE's prior written permission;
3.d — You may not create a database in electronic or structured manual form by systematically downloading and storing any Content on the Site;
3.e — As a condition of your access to and use of this Site, you warrant to INHITE that you will not use this Site for any purpose that is prohibited by these Terms of Use or could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law and that you will not use the Site to post or transmit any infringing, threatening, false, misleading, abusive, harassing, discriminatory, liable to incite racial hatred, libellous, defamatory, vulgar, obscene, indecent, scandalous, offensive, inflammatory, blasphemous, pornographic, or profane material or material in breach of confidence or privacy. We may, in our absolute discretion, remove any material if in our view it falls or might fall within the foregoing categories or is otherwise inappropriate. INHITE will fully cooperate with any law enforcement authorities or any court order requesting or directing it to disclose the identity of anyone posting or transmitting any such information or materials. You also warrant to tell INHITE as soon as you become aware of any unlawful or prohibited use of this Site by any third parties;
3.f — You are responsible for complying with local laws and regulations of the jurisdiction from which you access this Site. This Site should not be accessed in any jurisdiction where for any reason the publication or availability of this Site is prohibited. INHITE does not represent that this Site complies with laws in all jurisdictions. If you are in doubt, you should seek legal advice and if necessary, terminate your use of this Site immediately;
3.g — You are prohibited from using the Site to advertise or perform any commercial solicitation;
3.h — You are prohibited from posting or transmitting to or from this Site, any material for which you have not obtained all necessary licences or approvals or which is technically harmful (including; without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);
3.i — You may not misuse the Site (including, without limitation, by (i) hacking; (ii) defacing, altering or interfering with the front end 'look and feel' of this Site; (iii) obtaining or attempting to obtain unauthorised access (via whatever means) to any of our networks; (iv) by taking any action that imposes an unreasonable or disproportionately large load on this Site or related infrastructure; or by (v) using any software, routine or device to interfere or attempt to interfere electronically or manually with the operation or functionality of this Site (including but not limited to uploading or making available files containing corrupt data or viruses via whatever means);
3.j — Responsibility for the security of any passwords issued rests with you.
4. Privacy Policy
Any personal data (for example, your name, address, telephone number or e-mail address) that you transmit to the Site by electronic mail or otherwise will be used by INHITE in accordance with the Site's Privacy Policy. Any other communication or material you transmit to the Site, such as questions, comments, suggestions or the like, will be treated as non-confidential and non-proprietary and INHITE can use them as it wishes.
If on registration to any of our services on the Site (or on amendment of your registration details) you provide us with an email address that will result in any emails we may send you being sent to you via a computer network operated by or on behalf of your employer or educational establishment (or similar) then you are warranting that you are entitled to receive emails at that address. You also agree that we may stop sending any emails to such address without notifying you, even if you have subscribed to receive them or any other service, if we receive a request from your employer or educational establishment (or otherwise) to stop sending emails to that address.
You consent to any personal data submitted to INHITE being used by INHITE, third parties and agents working on behalf of INHITE, for the purposes for which it was submitted, and for INHITE, third parties and agents working on behalf of INHITE to manage and administer its programs and business.
5. Access Restriction
INHITE reserves the right in its sole discretion to suspend or permanently block your access to this Site or any portion of it without prior notice.
6. Disclaimers
While the Content on this Site may include inaccuracies or typographical errors, if errors are brought to our attention, we will try to correct them. Please inform INHITE by using our contact page, http://www.inhite.com/contact.php, to notify us of any errors so that we can correct them. INHITE reserve the right to make changes periodically to this Site at any time and without notice. However, INHITE makes no commitment to regularly update the information contained in this Site. While INHITE has taken all reasonable effort to ensure that the information contained within the website is correct, you should be aware that the information it contains may be incomplete, incorrect, or may have become out of date. While it is our goal to minimize disruption caused by technical errors, INHITE does not guarantee that this Site will operate uninterrupted or error-free, that defects will be periodically corrected or that it is compatible with your computer, hardware or software.
Information, advice and opinions expressed in this Site are of a general nature only and are not intended to address the specific circumstances of any particular individual or entity. It should not be relied upon for personal, legal, financial or other decisions. If you need specific advice, you should always consult a suitably qualified professional for advice tailored to your situation.
Please note that it cannot be guaranteed that a document available on-line exactly reproduces an officially adopted text or publication. Only original hard copy materials obtained from INHITE should be deemed authentic.
INHITE SHALL USE REASONABLE CARE AND SKILL IN CARRYING OUT THE SERVICES CONTAINED IN THIS SITE. HOWEVER ALL CONTENT (INCLUDING THE INFORMATION, NAMES, IMAGES, PICTURES, LOGOS AND ICONS REGARDING OR RELATING TO INHITE, ITS PRODUCTS AND SERVICES (OR TO THIRD PARTY PRODUCTS AND SERVICES)) AND ALL PUBLICATIONS, PRODUCTS AND SERVICES ARE SUBJECT TO CHANGE AND ARE PROVIDED TO YOU "AS IS" AND ON AN "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATIONS OR ANY KIND OF WARRANTY MADE OF ANY KIND (WHETHER EXPRESS OR IMPLIED BY LAW) TO THE EXTENT PERMITTED BY LAW, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF SUITABILITY, SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY AND ACCURACY. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Without limiting the foregoing, INHITE neither warrants nor represents that your use of any Content will not infringe the rights of any third parties nor that the Content will be accurate, complete or up-to-date.
INHITE assumes no responsibility for any information not provided on this Site or for the failure of any of our services offered on this Site, including but not limited to provision of information about our consultation (such as our strategic planning to manage the business impact of forward-looking financial, technology innovation and or integration, marketing climate change; our operational duties to cut costs; and our personal duties to make a personal difference).
7. Exclusion of Liability
YOUR USE OF THE SITE (INCLUDING WITHOUT LIMITATION YOUR DOWNLOADING OF ANY SOFTWARE OR DATA) IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, INHITE EXCLUDES ITS LIABILITY AND THAT OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, SUB-CONTRACTORS AND ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE FOR ANY OF THE FOLLOWING LOSSES OR DAMAGE (WHETHER SUCH LOSSES WERE FORESEEN, FORESEEABLE, KNOWN OR OTHERWISE): (A) LOSS OF DATA; (B) LOSS OF REVENUE OR ANTICIPATED PROFITS; (C) LOSS OF BUSINESS; (D) LOSS OF OPPORTUNITY; (E) LOSS OF GOODWILL OR INJURY TO REPUTATION; (F) LOSSES SUFFERED BY THIRD PARTIES; OR (G) ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR ANY OTHER DAMAGES OF ANY KIND ARISING OUT OF OR IN ANY WAY CONNECTED WITH ITS PRODUCTS OR SERVICES, THE USE OF OR ACCESS TO THIS SITE OR CONTENT, OR THE INABILITY TO USE THIS SITE, ANY WEBSITES LINKED TO THIS SITE OR THE CONTENT OF SUCH WEBSITES (INCLUDING WITHOUT LIMITATION: THE INADVERTENT DOWNLOADING OF COMPUTER VIRUSES FROM THE SITE OR FROM E-MAILS SENT FROM THE SITE THAT MAY INFECT YOUR COMPUTER EQUIPMENT, SOFTWARE, DATA OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING THIS SITE OR YOUR DOWNLOADING OF ANY MATERIAL FROM THIS SITE OR ANY WEBSITES LINKED TO THIS SITE), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. NOTHING IN THESE TERMS OF USE IS INTENDED TO LIMIT OR EXCLUDE THE USER'S STATUTORY RIGHTS AS A CONSUMER (IF ANY).
IF YOUR USE OF MATERIAL ON THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT, SOFTWARE OR DATA, YOU ASSUME ALL COSTS THEREOF.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING IT.
8. Our Losses
You agree to indemnify INHITE against any claims, demands or proceedings brought against INHITE by any third parties if they are a result of your use of this Site or your other actions or omissions or where INHITE suffers any loss or damage as a result of your breach of these Terms of Use. Your "use" of this Site includes any use by third parties where those parties access this Site using your computer. In such circumstances, you agree to pay INHITE all costs, damages and expenses (including reasonable legal fees) awarded against INHITE or otherwise incurred by INHITE, arising from any claims, or legal proceedings.
9. Links to third party websites
The Site may contain links to websites owned or operated by parties other than INHITE. Such links are provided for your convenience only. If you use these links, you may leave the Site or, alternatively, the link and third party website content may be framed within this Site. INHITE has not reviewed all of these third party websites or such framed content, and does not control, and is not responsible for their operation nor for the content on or privacy policies on, or the security of, such websites. Without limiting the foregoing, INHITE specifically disclaims any responsibility if such websites:
9.a — Infringe any third party's intellectual property rights;
9.b — Are inaccurate, incomplete, out-dated or misleading;
9.c — Are not merchantable or fit for a particular purpose;
9.d — Do not provide adequate security;
9.e — Contain viruses or other items of a destructive nature; or
9.f — Are libellous or defamatory.
Neither does INHITE endorse or make any representations about the content or any products or services available on such websites or any results which may be obtained by using them. Neither is it associated with the operators or administrators of such websites. If you access such websites or establish a link to such websites or the Site, you do so at your own risk and without the permission of INHITE.
10. Linking to this Site
ATTENTION: LINKING TO THIS SITE INDICATES THAT YOU ACCEPT THESE TERMS OF USE AND LEGAL RESTRICTIONS AND THAT YOU WILL ABIDE BY THE GUIDELINES SET OUT BELOW. IF YOU DO NOT ACCEPT THESE TERMS OF USE OR YOU DO NOT AGREE TO ABIDE BY THESE GUIDELINES, DO NOT LINK TO THIS SITE.
If you provide hyperlinks to this Site, you agree that you:
10.a — May link to, but may not replicate, any Content;
10.b — Shall not frame or otherwise create a browser or border environment around any Content;
10.c — Shall not imply that INHITE is endorsing you or your products or services;
10.d — Shall not misrepresent you or your website's relationship with INHITE;
10.e — Shall not present false, misleading or inaccurate information about INHITE or INHITE’s products or services on your website or otherwise disparage INHITE’s products or services;
10.f — Shall not use INHITE’s logos, trade marks, service marks or the such like without express prior written permission from INHITE;
10.g — Shall not include content on your website that is or could be construed as illegal, distasteful, offensive or controversial, which infringes any intellectual property rights or other rights of any person or otherwise does not comply with all applicable laws and regulations and you shall include on your website only content that is appropriate for all age groups;
10.h — Shall not remove or obscure any of the information, Content or notices contained on the Site;
10.i — Shall not link to an internal page of this Site that is located one or several levels down from the home page or bring up or present Content of this Site on another website without INHITE’s prior written permission;
10.j — Shall not link to a website that is not owned by you;
10.k — Shall inform INHITE in writing of the link; and
10.l — Shall immediately discontinue the link if instructed to do so by INHITE.
INHITE expressly reserves the right to revoke the right granted in this section for any breach of these Terms of Use and to take any further action it deems appropriate in respect of such breach.
11. Products and Services Available on this Site and third party websites linked to this Site
INHITE may give you the option to subscribe to different services (such as publication ordering and event booking) through this Site. Such services are open to registered users only and your use of the content received through any such service/publication will be subject to these Terms of Use. As part of the registration process, you must therefore agree to accept these Terms of Use. Where registering on behalf of an organization, you are accepting these Terms of Use on behalf of your organization. We will let you know if you will also be subject to any additional terms and conditions. We reserve the right to reject or cancel your registration.
If you use one of the links on this Site to visit a third party website, then condition 9 (Links to third party websites) of these Terms of Use will apply and your viewing of such websites and any purchases or orders made through them will be subject to separate terms and conditions to be entered into between you and the relevant third party.
12. Modification of the Terms of Use
We reserve the right (at any time and without notice) to change these Terms of Use by updating this posting online. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms of Use. These Terms of Use cannot be altered by you unless it is agreed in writing by INHITE.
13. Law Applicable to Disputes
You confirm that your agreement to the Terms of Use was made in the State of Florida, and therefore, the validity, interpretation, and enforcement of these Terms of Use, and your and our rights and liabilities, will be governed by Florida domestic law, without any regard to conflict of law principles. You hereby irrevocably consent to the exclusive jurisdiction and venue of the federal and state courts of the State of Florida with regard to all disputes of any nature whatsoever arising out of, relating to or in any way connected with your access to, browsing of, or other use of our site, including, without limitation, any hyperlinked sites.
Any portion of these Terms of Use that are invalid or unenforceable under applicable law will be deemed severed and the remaining Terms of Use will continue in force and all rights and remedies accrued under the valid and enforceable Terms of Use will survive the declaration. Any invalid or unenforceable Terms of Use will be replaced by a provision which, being valid and enforceable comes closest to the intention underlying the invalid or unenforceable provision.
14. Miscellaneous
These Terms of Use refer to your viewing, using, surfing, accessing and the such like of this Site. As mentioned above, separate terms and conditions may apply to promotions which we may run from time to time as well as to products and services provide through this Site. If there is a conflict between the Terms of Use and any specific rules and/or terms and conditions which: (i) appear elsewhere on the Site and are stated to take precedence; or (ii) form part of a separate agreement between INHITE and you, those other terms will take priority.
Nothing in the Content within the Site or materials accessed via the Site, other than the Terms of Use, is intended to form any binding contract. In particular, notes on products, services and the like are stated on an 'invitation to treat' basis (i.e. they are not offers which will become binding upon purported acceptance by you) and are 'subject to availability'.
If INHITE decides to waive any breach of obligation arising under these Terms of Use, then that does not mean that INHITE has waived any other breach or any future breaches.
All rights and remedies under these Terms of Use are cumulative and are not exclusive of any rights or remedies provided by law or by any other agreement.
If at any time any part of the Terms of Use are determined to be invalid, illegal or unenforceable in any respect pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations above, then that invalid, illegal or unenforceable part shall be severed from the remainder of the Terms of Use and the validity, legality and enforceability of the remainder of the Terms of Use shall not be affected or impaired in any way. Further, the invalid, illegal or unenforceable part will be deemed superseded by a valid, legal or enforceable part that most closely satisfies the intention of the original part. The validity, legality and enforceability of the remainder of the Terms of Use shall not be affected or impaired in any way.
A printed version of this Site and these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and INHITE as a result of these Terms of Use or your use of this Site.
These Terms of Use and your use of the Site shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its choice of law provisions. The courts of general jurisdiction located within the State of Florida, will have exclusive jurisdiction over any and all disputes arising out of, relating to or concerning these Terms of Use and/or the Site or in which these Terms of Use and/or the Site are a material fact.
Copyright © 2009 Inhite, Inc. All rights reserved.
