Terms and Conditions
1212 Terra Bella Ave, Suite 200,
Mountain View, CA 94043
Main: +1 (650) 600-3886
Toll-Free: +1 (888) 874-6458
Effective Date: May 30th, 2022
This web page represents a legal document and is the Terms and Conditions hereinafter called (Agreement) when you are using our Website https://www.inscopix.com and our software as a service called Inscopix Data Exploration, hereinafter and collectively referred to as Website. By using our Website, you agree to fully comply with and be bound by the following Agreement each time you use our Website.
The terms “us”, “we”, and “our” refer to Inscopix Inc. the owner of this Website. The term “Product(s)” refers to any products, software, or services we sell or give away. A “Visitor” is someone who merely browses our Website. A “Customer” is someone who has registered with our Website to buy our Products. The term “User” is a collective identifier that refers to either a Visitor or a Customer.
All text, information, graphics, design, and data offered through our Website or Products whether produced by our Customers or by us, are collectively known as our “Content”. We distinguish content posted by our Customers as “Customer Content”.
Eligibility and Registration to be a Customer
To use our Website and Products, you must register to become a Customer. Your Customer membership is not transferable or assignable and is void where prohibited. Our Website and Products are intended solely for Users who are at least (18) years of age. Any registration by, use of, or access to our Website and Products by anyone under that age is unauthorized, unlicensed, and in violation of this Agreement. By using our Website and Products, you represent and warrant that you are at least (18) years of age and agree to obey all the terms of this Agreement. Inscopix Inc. has sole right and discretion to decide whether to accept a Customer and may reject a Customer’s registration with or without explanation.
When you complete the registration process, you may receive a password that will allow you to access our Website and Products. You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality as well as all activities that occur by using your password.
You agree to immediately tell us of any unauthorized use of your password or any other breach of security. You agree that we cannot and will not be liable for any loss or damage arising from your failure to comply with password security as discussed here.
Acceptance of Agreement
This Agreement is between you and Inscopix Inc.
THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING, AND/OR BROWSING OUR WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND TO EVERY TERM AND CONDITION SET FORTH HERE, PLEASE EXIT OUR WEBSITE IMMEDIATELY AND DO NOT USE ACCESS AND BROWSE IT FURTHER.
Except as otherwise noted, this Agreement makes up the entire and only Agreement between you and Inscopix Inc. and supersedes all other Agreements, representations, warranties, and understandings about our Website, Products, and the subject matter here. However, for you to use our Website and Products, you may also be required to agree to additional terms and conditions. Those additional terms and conditions will be incorporated into this Agreement unless otherwise stated.
Our Privacy Notice is considered part of this Agreement and is available on this Website. You must review our Privacy Notice by clicking on this link. If you do not accept and agree to be bound by all the terms of this Agreement, including Inscopix Inc. Privacy Notice, do not use this Website.
Any legal controversy or claim arising from or relating to this Agreement and/or our Website and Products, excluding legal action taken by us to collect or recover damages for–or obtain any injunction relating to–website operations, intellectual property, and our Products, will be settled solely by binding arbitration following the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim will be arbitrated on an individual basis and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in Mountain View, California, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. You or we may seek any interim or preliminary relief from a court of competent jurisdiction in Mountain View, California necessary to protect our or your rights or property pending the completion of arbitration. Each party will bear half the arbitration fees and costs.
Choice of Law and Jurisdiction
This Agreement will be treated as if it were executed and performed in Mountain View, California, and will be governed by and construed following the laws of the state of California without regard to conflict of law provisions. Also, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you about our Website or Products must be instituted within one (1) year after the cause of action arose or be forever waived and barred.
Inscopix Inc. grants you a nonexclusive, nontransferable, revocable license to access and use our Website and Products strictly under this Agreement. Your use of our Website and Products is solely for internal, personal, and noncommercial purposes unless otherwise provided for in this Agreement. No printout or electronic version of any part of our Website or Products may be used by you in any litigation or arbitration matter at all under any circumstances.
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website or Products provided within.
Our Relationship With You
This Agreement in no way creates any agency, partnership, joint venture, or employee-employer or franchisor-franchisee relationship between you and Inscopix Inc.
Our Intellectual Property
Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies in the form of words, graphics, and logos. Your use of our Website or Products does not constitute any right or license for you to use our service marks or trademarks without the prior written permission of Inscopix Inc.
Our Content, as found within our Website and Products, is protected under the United States and foreign copyrights. The copying, redistribution, use, or publication by you of any such Content is strictly prohibited. Your use of our Website and Products does not grant you any ownership rights to our Content.
Errors, Corrections, and Changes
We do not represent or otherwise warrant that our Website and Products will be error-free or free from viruses or other harmful components. We do not represent or warrant the information available on or through our Website and Products will be correct, accurate, timely, or reliable. We reserve the right at our sole discretion to change any content, software, and other items used or contained in our Website or Products at any time without notice.
At times, our Website may publish content supplied by third parties, Users, advertisers, merchants, and sponsors. Inscopix Inc. has little or no editorial control over such content. Any opinions or other information or content expressed or made available by third parties, including information providers, Users, or any other User of our Website, are those of the respective author(s) and not of Inscopix Inc. Inscopix Inc. does not guarantee the accuracy, completeness, merchantability, or fitness for any particular purpose nor the legality of any content provided by any of these parties.
You understand that we do not operate or control the products or services offered by third-party merchants. These merchants are responsible for all aspects of order processing, fulfillment, billing, and customer service. We are not a party to the transactions entered between you and merchants. You agree that the use of or purchase from such merchants is AT YOUR SOLE RISK AND WITHOUT WARRANTIES OF ANY KIND BY US. All rules, legal documents (including privacy notices and policies), and operating procedures of merchants will apply to you while on any merchant website.
We are not a party to the transactions entered into between you and merchants. You agree that use of or purchase from such merchants is AT YOUR SOLE RISK AND WITHOUT WARRANTIES OF ANY KIND BY US. All rules, legal documents, refund policies (including privacy notices and policies), and operating procedures of merchants will apply to you while on any merchant website or their physical place of business.
Inscopix Inc. is not responsible or liable in any manner for any Content posted on our Website or in connection with our Products, whether posted or caused by Customers of our Website, or by Inscopix Inc. Although we provide rules for Customer conduct and postings, we do not control and are not responsible for what Customers post, transmit, or share on our Website or Products, and are not responsible for any offensive, inappropriate, obscene, unlawful, or otherwise objectionable content you may encounter using our Website or Products. Inscopix Inc. is not responsible for the online or offline conduct of any User of our Website or Products.
Our Website or Products may be temporarily unavailable from time to time for maintenance or other reasons. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, unauthorized access to, or alteration of Customer communications.
Inscopix Inc. is not responsible for any technical problem or other problems of any telephone network or service, computer system, server or provider, computer or mobile phone equipment, or software, or any failure of email because of technical problems or traffic congestion on the Internet, or any combination–including injury or damage to Customer or any other person’s computer, mobile phone, or other hardware or software–related to or resulting from the use or downloading of materials in connection with our Website or Products, including, without limitation, any software provided through our Website or Products.
Under no circumstances will Inscopix Inc. be responsible for any loss or damage, including any loss or damage, personal injury, or death resulting from anyone’s use of our Website or Products, or any interactions between Users of our Website or Products, whether online or offline. Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, or supplier, does not constitute or imply endorsement, sponsorship, recommendation, or any affiliation with our Website by third parties or by any of the equipment or programming associated with or used by our Products.
THE INFORMATION, CONTENT, AND DOCUMENTS FROM OR THROUGH OUR WEBSITE ARE PROVIDED AS-IS, AS AVAILABLE, WITH ‘ALL FAULTS’, AND ALL EXPRESS OR IMPLIED WARRANTIES ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). OUR WEBSITE AND PRODUCTS MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS.
Inscopix Inc. INCLUDING ALL OUR AFFILIATES, HAS NO LIABILITY AT ALL FOR YOUR USE OF OUR WEBSITE OR PRODUCTS. Inscopix Inc. CAN NOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF OUR WEBSITE OR PRODUCTS, INCLUDING, BUT NOT LIMITED TO, RELATED SOFTWARE. Inscopix Inc. DOES NOT REPRESENT OR WARRANT THAT OUR CONTENT, PRODUCTS, OR ANY SOFTWARE FOUND WITHIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE.
WITHOUT LIMITATION, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT AND RELATED SOFTWARE FROM OR THROUGH OUR WEBSITE OR PRODUCTS AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE OF IT AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM OF ANY KIND THAT MAY RESULT. WE AND ALL OUR AFFILIATES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND Inscopix Inc.
OUR WEBSITE AND PRODUCTS WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR WEBSITE OR PRODUCTS WILL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
Limitation of Liability
IN NO EVENT WILL Inscopix Inc. OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF OUR WEBSITE, CONTENT, PRODUCTS, OR ANY RELATED SOFTWARE ACCESSED THROUGH OR DOWNLOADED FROM OUR WEBSITE OR PRODUCTS, EVEN IF Inscopix Inc. IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DESPITE ANYTHING TO THE CONTRARY HERE, Inscopix Inc.’s LIABILITY TO YOU FOR ANY CAUSE AT ALL, AND REGARDLESS OF THE FORM OF THE ACTION, WILL ALWAYS BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR USE OF OUR WEBSITE AND/OR PRODUCTS ACCESSED DURING THE PREVIOUS MONTH OF YOUR MEMBERSHIP BEFORE THE EVENT RESULTING IN LIABILITY.
Customer may post their content to our Website (Customer Content). Customers and Visitors understand that by using our Website or Products, they may be exposed to content that is offensive, indecent, or objectionable. We have no control over Customer Content and do not in any way guarantee its quality, accuracy, or integrity. Inscopix Inc. is not responsible for the monitoring or filtering of any Customer Content. Should any Customer Content be found illegal, we will submit all necessary information to relevant authorities.
If any Customer Content is reported to Inscopix Inc. as being offensive or inappropriate, we may ask the Customer to retract or modify the questionable content within 24 hours of being notified by us. If the Customer fails to meet such a request, we have full authority to restrict the Customer’s ability to post Customer Content or to immediately terminate the Customer’s use of our Website and Products without further notice to the Customer.
We have sole discretion to remove any Customer Content that violates this Agreement or that is otherwise objectionable in our sole discretion. Customers are responsible for complying with all applicable federal, state, and global laws for their content, including copyright and trademark laws.
You warrant that you will not use our Website or Products to infringe on the intellectual property rights of others in any way. Following the Digital Millennium Copyright Act (DMCA) and other applicable laws, we have adopted a policy of terminating a Customer whom we judge, in our sole discretion, to be an infringer of others’ intellectual property rights.
As a User, you agree not to use our Website or Products to do any of the following:
Upload, post, or transmit any Customer Content that:
- Violates any local, state, federal, or international laws
- Infringes on any patent, trademark, trade secret, copyright, or other proprietary rights of any party
- Harms, threatens, defames, promotes violence or illegal activities, or is otherwise vulgar, obscene, abusive, harassing, tortuous, libelous, invasive of another’s privacy, hateful, or racially, ethically, or otherwise objectionable
- Links directly or indirectly to any materials to which you do not have a right to link
- Contains any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers
- 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, or to extract information from our Website or Products
- Contains any unsolicited or unauthorized advertising, solicitations, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation
- In the sole judgment of Inscopix Inc. is objectionable or restricts or inhibits any other person from using or enjoying our Website or Products, or which may expose Inscopix Inc. our affiliates, or our Users to any harm or liability of any type
Use our Content to:
- Develop a competing website
- Create compilations or derivative works as defined under United States copyright laws
- Redistribute it in any manner, including, but not limited to, sale, license, lease, rental, subscription, or any other distribution mechanism
- Decompile, disassemble, or reverse engineer our Website, Products, and any related software
- Use our Website or Products in any manner that violates this Agreement or any local, state, federal, or international laws
Use of Information
You grant Inscopix Inc. a license to use the information and materials you post on our Website. By posting, displaying, transmitting, performing, or distributing information or other content (“Customer Content”) to our Website, you are granting Inscopix Inc. its officers, directors, employees, agents, consultants, representatives, and affiliates, a license to use the Customer Content about the operation of the business of Inscopix Inc. its directors, employees, officers, affiliates, representatives, consultants, and agents, including, without limitation, a right to distribute, copy, transmit, publicly display, reproduce, translate, edit, and reformat Customer Content. You understand and agree that you will not be compensated for any Customer Content. By posting Customer Content on our Website or Products, you warrant and represent that you own the rights to the Customer Content or are authorized to post, display, distribute, perform, or transmit Customer Content.
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we judge 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 your profile, email addresses, usage history, posted materials, IP addresses, and traffic information.
Linking to Our Website
You may provide links to our Website if (a) you do not remove or obscure any portion of our Website by framing, (b) your website does not engage in illegal or pornographic activities, and (c) you stop providing links to our Website immediately on our request.
Links to Other Websites
Our Website may from time to time contain links to third-party websites. Inclusion of links for any website on our Website does not mean that we endorse, guarantee, warrant, or recommend the services, information, content, and/or data of such third-party websites.
Inscopix Inc. has no control over the legal documents and privacy practices of third-party websites; you access any third-party websites at your own risk. We recommend that you review the privacy notice and terms and conditions of those websites to fully understand what information is collected and how it is used.
You represent and warrant that if you are buying something from us, (i) any payment information you supply is true and complete, (ii) charges incurred by you will be honored by your bank or credit card company, (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes, and (iv) if your initial payment method is dishonored, you will still pay the incurred charges, including any surcharge we may incur because of the dishonored payment.
We do not offer refunds.
Termination of Customer or User Privileges
Your Customer or User privileges with us are effective until terminated by you or us. Your rights under this Agreement will terminate without our notice if you fail to comply with any term of this Agreement. On termination, you will stop representing yourself as a Customer or User. You must delete or destroy any information or content (including all copies) obtained from our Website. Certain provisions of this Agreement, including, but not limited to, copyrights, indemnity, trademarks, limitation of liability, warranty, and jurisdictional issues will survive the termination of this Agreement.
You agree to indemnify, defend, and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third-party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates free from any liability, loss, claim, and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of our Website or Products.
Severability and Survival
Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement will take precedence. Our failure to enforce any provision of this Agreement will not be deemed a waiver of such a provision, nor of the right to enforce such a provision. Our rights under this Agreement will survive any termination of this Agreement.
Changes to Our Agreement
We reserve the right to change this Agreement at any time by giving you advance notice of the changes by email or in writing. We will also post these changes on our Website. These changes will become effective 30 days after receipt of the notice. To avoid doubt, no unilateral amendment will retroactively change agreed dispute-resolution provisions of these Terms and Conditions, if any, including, for example, arbitration provisions for then-pending disputes unless the parties expressly agree otherwise. Your continued use of our Website and Products after any change to this Agreement and our telling you will constitute your acceptance of such change. If you do not agree with the changes to this Agreement, you can choose to discontinue the use of our Website and Products.
Copyright © This document or any portion of it may not be copied or duplicated in any way.