Intravera, LLC
Terms
of Use Agreement
Updated 1/1/09
Welcome to Intravera, LLC’s
Website. By using our site, you are agreeing to comply with and be bound by the
following terms of use. Please review the following terms carefully. If you do
not agree to these terms, you should not use this site. The term “Intravera,”
“us” or “our” refers to Intravera, LLC the legal name of the owner of the Web
site. The term “you” refers to the user or viewer of our Web Site.
1. Acceptance of
Agreement.
You agree to the terms and conditions
outlined in this Terms of Use Agreement (“Agreement”) with respect to our site
(the “Site”). This Agreement constitutes the entire and only agreement between
us and you, and supersedes all prior or contemporaneous agreements, representations,
warranties and understandings with respect to the Site, the content, products
or services provided by or through the Site, and the subject matter of this
Agreement. This Agreement may be amended at any time by us from time to time
without specific notice to you. The latest Agreement will be posted on the
Site, and you should review this Agreement prior to using the Site.
2. Copyright.
The content, organization, graphics,
design, compilation, magnetic translation, digital conversion and other matters
related to the Site are protected under applicable copyrights, trademarks and
other proprietary (including but not limited to intellectual property) rights.
The copying, redistribution, use or publication by you of any such matters or
any part of the Site, except as allowed by Section 4 below, is strictly
prohibited. You do not acquire ownership rights to any content, document or
other materials viewed through the Site. The posting of information or
materials on the Site does not constitute a waiver of any right in such
information and materials. Some of the content on the site is the copyrighted
work of third parties.
3. Service Marks.
“Intravera, LLC”, “Innovative IT
Solutions” and others are our service marks or registered service marks or
trademarks. Other product and company names mentioned on the Site may be
trademarks of their respective owners.
4. Limited License;
Permitted Uses.
You are granted a non-exclusive,
non-transferable, revocable license (a) to access and use the Site strictly in
accordance with this Agreement; (b) to use the Site solely for internal,
personal, non-commercial purposes; and (c) to print out discrete information
from the Site solely for internal, personal, non-commercial purposes and
provided that you maintain all copyright and other policies contained therein.
No print out or electronic version of any part of the Site or its contents may
be used by you in any litigation or arbitration matter whatsoever under any
circumstances.
5. Restrictions and
Prohibitions on Use.
Your license for access and use of the
Site and any information, materials or documents (collectively defined as
“Content and Materials”) therein are subject to the following restrictions and
prohibitions on use: You may not (a) copy, print (except for the express
limited purpose permitted by Section 4 above), republish, display, distribute,
transmit, sell, rent, lease, loan or otherwise make available in any form or by
any means all or any portion of the Site or any Content and Materials retrieved
from it; (b) use the Site or any materials obtained from the Site to develop,
of as a component of, any information, storage and retrieval system, database,
information base, or similar resource (in any media now existing or hereafter
developed), that is offered for commercial distribution of any kind, including
through sale, license, lease, rental, subscription, or any other commercial
distribution mechanism; (c) create compilations or derivative works of any
Content and Materials from the Site; (d) use any Content and Materials from the
Site in any manner that may infringe any copyright, intellectual property
right, proprietary right, or property right of us or any third parties; (e)
remove, change or obscure any copyright notice or other proprietary notice or
terms of use contained in the Site; (f) make any portion of the Site available
through any timesharing system, service bureau, the Internet or any other
technology now existing or developed in the future; (g) remove, decompile,
disassemble or reverse engineer any Site software or use any network monitoring
or discovery software to determine the Site architecture; (h) use any automatic
or manual process to harvest information from the Site; (i)
use the Site for the purpose of gathering information for or transmitting (1)
unsolicited commercial email; (2) email that makes use of headers, invalid or
nonexistent domain names, or other means of deceptive addressing; and (3)
unsolicited telephone calls or facsimile transmissions; (j) use the Site in a
manner that violates any state or federal law regulating email, facsimile
transmissions or telephone solicitations; and (k) export or re-export the Site
or any portion thereof, or any software available on or through the Site, in
violation of the export control laws or regulations of the United States.
6. Forms, Agreements
& Documents.
We may make available through the Site or
through other Web sites sample documents including study-guides, course
reference materials, and instructional video and additional documents (collectively,
“Documents”). All Documents are provided on a non-exclusive license basis only
for your personal one-time use for non-commercial purposes, without any right
to re-license, sublicense, distribute, assign or transfer such license.
Documents are provided for a charge and without any representations or
warranties, express or implied, as to their suitability, legal effect,
completeness, currentness, accuracy, and/or
appropriateness. THE DOCUMENTS ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITH
“ALL FAULTS,” AND WE AND ANY PROVIDER OF THE DOCUMENTS DISCLAIM ANY WARRANTIES,
INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE. The Documents may be inappropriate for your particular
circumstances. Furthermore, state laws may require different or additional
provisions to ensure the desired result. You should consult with legal counsel
to determine the appropriate legal or business documents necessary for your
particular transactions, as the Documents are only samples and may not be
applicable to a particular situation. Some Documents are public domain forms or
available from public records.
7. No Legal Advice or
Attorney-Client Relationship.
Information contained on or made
available through the Site is not intended to and does not constitute legal
advice, recommendations, mediation or counseling under any circumstance and no
attorney-client relationship is formed. We do not warrant or guarantee the
accurateness, completeness, adequacy or currency of the information contained
in or linked to the Site. Your use of information on the Site or materials
linked to the Site is entirely at your own risk. We are not a law firm and the
Site is not a lawyer referral service.
8. Linking to the Site.
You may provide links to the Site,
provided (a) that you do not remove or obscure, by framing or otherwise,
advertisements, the copyright notice, or other notices on the Site, (b) your
site does not engage in illegal or pornographic activities, and (c) you
discontinue providing links to the Site immediately upon request by us.
9. Advertisers.
The Site may contain advertising and
sponsorships. Advertisers and sponsors are responsible for ensuring that
material submitted for inclusion on the Site is accurate and complies with applicable
laws. We are not responsible for the illegality or any error, inaccuracy or
problem in the advertiser's or sponsor's materials.
10.
Registration/Purchase.
Certain sections of, or offerings from,
the Site may require you to register. If registration is requested, you agree
to provide us with accurate, complete registration and/or purchase information.
Your registration must be done using accurate information. Each registration is
for your personal use only. We do not permit (a) any other person using the
registered sections under your name; or (b) access through a single name being
made available to multiple users on a network. You are responsible for
preventing such unauthorized use.
11. Errors, Corrections
and Changes.
We do not represent or warrant that the
Site will be error-free, free of viruses or other harmful components, or that
defects will be corrected. We do not represent or warrant that the information
available on or through the Site will be correct, accurate, timely or otherwise
reliable. We may make changes to the features, functionality or content of the
Site at any time. We reserve the right in our sole discretion to edit or delete
any documents, information or other content appearing on the Site.
12. Third Party Content.
Third party content may appear on the
Site or may be accessible via links from the Site. We are not responsible for
and assume no liability for any mistakes, misstatements of law, defamation,
omissions, falsehood, obscenity, pornography or profanity in the statements,
opinions, representations or any other form of content on the Site. You
understand that the information and opinions in the third party content
represent solely the thoughts of the author and is neither endorsed by nor does
it necessarily reflect our belief.
Certain Content. Certain of the content
on this site is copyrighted by Intravera, LLC. This content is provided “as is”
without warranty of any kind. Neither we, nor any data suppliers make any
warranty whatsoever as to the accuracy or completeness of the content or the
results to be obtained from using the information contained therein and neither
we nor any data suppliers will be responsible for any claims attributable to
errors, omissions, or other inaccuracies in the information contained in the
content. The entire risk for the results and performance of the content is
assumed by the user. Further, neither we nor any of our data suppliers make any
representations or warranties, either express or implied, with respect to the
content, including, but not limited to, the quality, performance,
merchantability or fitness for a particular purpose of the content or any
information contained therein. In no event will we or any data suppliers be
liable for direct, indirect, special, incidental, or consequential damages
arising out of the use of or inability to use the content or for any loss or
damage of any nature caused to any person as a result of that use.
Material contained in the content may not
be duplicated or redistributed without the prior written consent of us and the
copyright holder, except that one print copy of search output is permitted for
use within the user’s organization and that search output may be stored
temporarily in electronic media for editing or reformatting and subsequent
printing of one print copy of search output for internal use.
Advertising and sponsored links found on
content pages from third party providers are not provided by those content
providers and are not endorsements.
13. Unlawful Activity.
We reserve the right to investigate
complaints or reported violations of this Agreement and to take any action we
deem 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.
14. Indemnification.
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,
advertisers, product and service providers, and affiliates (collectively,
“Affiliated Parties”) harmless from any liability, loss, claim and expense
related to your violation of this Agreement or use of the Site.
15. Nontransferable.
Your right to use the Site is not
transferable or assignable. Any password or right given to you to obtain
information or documents is not transferable or assignable.
16. Disclaimer.
THE INFORMATION, CONTENT AND DOCUMENTS
FROM OR THROUGH THE SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL
FAULTS,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT
NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN
BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE
NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS
PROVIDED IN SECTION 17(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE
AND OUR AFFILIATED PARTIES 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 OR OTHERWISE, EVEN
IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF
DAMAGES SET
ALL RESPONSIBILITY OR LIABILITY FOR ANY
DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A
FORM OR DOCUMENT IS DISCLAIMED.
17. Limitation of
Liability.
(a) We and any Affiliated Party shall not
be liable for any loss, injury, claim, liability, or damage of any kind
resulting in any way from (1) any errors in or omissions from the Site or any
services or products obtainable therefrom, (2) the
unavailability or interruption of the Site or any features thereof, (3) your
use of the Site, (4) the content contained on the Site, or (5) any delay or
failure in performance beyond the control of a Covered Party.
(b)(1) THE AGGREGATE LIABILITY OF US AND
THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING
TO THE SITE AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS AND SERVICES PROVIDED
HEREIN OR HEREBY SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL
OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.
18. Use of Information.
We reserve the right, and you authorize
us, to the use and assignment of all information regarding Site uses by you and
all information provided by you in any manner consistent with our Privacy Policy. All
remarks, suggestions, ideas, graphics, or other information communicated by you
to us (collectively, a “Submission”) will forever be our property. We will not
be required to treat any Submission as confidential, and will not be liable for
any ideas (including without limitation, product, service or advertising ideas)
and will not incur any liability as a result of any similarities that may
appear in our future products, services or operations. Without limitation, we
will have exclusive ownership of all present and future existing rights to the
Submission of every kind and nature everywhere. We will be entitled to use the
Submission for any commercial or other purpose whatsoever, without compensation
to you or any other person sending the Submission. You acknowledge that you are
responsible for whatever material you submit, and you, not us, have full responsibility
for the message, including its legality, reliability, appropriateness,
originality, and copyright.
In compliance with the Children's Online Privacy Protection Act of 1998, Intravera,
LLC does not accept registrations from those under 13
years of age. By registering with Intravera.Webex.com you represent that you
are at least 13 years old.
19. Third-Party
Services.
We may allow access to or advertise
certain third-party product or service providers (“Merchants”) from which you
may purchase certain goods or services. You understand that we do not operate
or control the products or services offered by Merchants. Merchants are
responsible for all aspects of order processing, fulfillment, billing and
customer service. 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 IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED
OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES
ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND
MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE
LINKED TO OUR SITE.
20. Third-Party Merchant
Policies.
All rules, policies (including privacy
policies) and operating procedures of Merchants will apply to you while on any
Merchant sites. We are not responsible for information provided by you to
Merchants. We and the Merchants are independent contractors and neither party
has authority to make any representations or commitments on behalf of the
other.
21. Privacy Policy.
Our Privacy Policy, as it may
change from time to time, is a part of this Agreement.
22. Disclosure Policy.
Our Disclosure Policy, as it
may change from time to time, is a part of this Agreement.
23. Payments.
You represent and warrant that if you are
purchasing something from us or from Merchants that (i)
any credit information you supply is true and complete, (ii) charges incurred
by you will be honored by your credit card company, and (iii) you will pay the
charges incurred by you at the posted prices, including any applicable taxes.
24. Securities Laws.
The Site may include statements
concerning our operations, prospects, strategies, financial condition, future
economic performance and demand for our products or services, as well as our
intentions, plans and objectives (particularly with respect to product and
service offerings), that are forward-looking statements. These statements are
based upon a number of assumptions and estimates which are subject to
significant uncertainties, many of which are beyond our control. When used on
our Site, words like “anticipates,” “expects,” “believes,” “estimates,”
“seeks,” “plans,” “intends,” “will” and similar expressions are intended to
identify forward-looking statements designed to fall within securities law safe
harbors for forward-looking statements. The Site and the information contained
herein does not constitute an offer or a solicitation
of an offer for sale of any securities. None of the information contained
herein is intended to be, and shall not be deemed to be, incorporated into any
of our securities-related filings or documents.
25. Links to other Web
Sites.
The Site contains links to other Web
sites. We are not responsible for the content, accuracy or opinions express in
such Web sites, and such Web sites are not investigated, monitored or checked
for accuracy or completeness by us. Inclusion of any linked Web site on our
Site does not imply approval or endorsement of the linked Web site by us. If
you decide to leave our Site and access these third-party sites, you do so at
your own risk.
26. Copyrights and
Copyright Agents.
We respect the intellectual property of
others, and we ask you to do the same. If you believe that your work has been
copied in a way that constitutes copyright infringement, please provide our
Copyright Agent the following information:
a. An electronic or physical signature of
the person authorized to act on behalf of the owner of the copyright interest;
b. A description of the copyrighted work
that you claim has been infringed;
c. A description of where the material
that you claim is infringing is located on the Site;
d. Your address, telephone number, and
email address;
e. A statement by you that you have a
good faith belief that the disputed use is not authorized by the copyright
owner, its agent, or the law; and
f. A statement by you, made under penalty
of perjury, that the above information in your Notice is accurate and that you
are the copyright owner or authorized to act on the copyright owner's behalf.
Our Copyright Agent for Notice of claims
of copyright infringement on the Site can be reached by mail:
Intravera, LLC
By Fax: 303-255-2322
27. Information and
Press Releases.
The Site contains information and press
releases about us. We disclaim any duty or obligation to update this
information or any press releases. Information about companies other than ours
contained in the press release or otherwise, should not be relied upon as being
provided or endorsed by us.
28. Legal Compliance.
You agree to comply with all applicable
domestic and international laws, statutes, ordinances and regulations regarding
your use of the Site and the Content and Materials provided therein.
29. Refund and Return
Policy.
To the extent that you purchase any online
training services including documents directly from us, we will exchange your
purchase with a different training service or comparable document 1 day prior
to the scheduled training date. If you
desire a refund before or after a scheduled training date, you must notify us
in writing of your desire for the refund, together with the reason for the
request, with the product or service returned to us in substantially the same
condition as when purchased. Please note, ALL SALES ARE FINAL, and refunds are
the sole discretion of Intravera, LLC. Services
mentioned on our site are sold by third parties or are linked to third party
Web sites, and we have no responsibility or liability for those products or
services.
30. Miscellaneous.
This Agreement shall be treated as though
it were executed and performed in San Francisco, California, and shall be
governed by and construed in accordance with the laws of the State of
California (without regard to conflict of law principles). Any cause of action
by you with respect to the Site (and/or any information, Documents, products or
services related thereto) must be instituted within one (1) year after the
cause of action arose or be forever waived and barred. All actions shall be
subject to the limitations set forth in Section 16 and Section 17. The language
in this Agreement shall be interpreted as to its fair meaning and not strictly
for or against any party. Any rule of construction to the effect that
ambiguities are to be resolved against the drafting party shall not apply in
interpreting this Agreement. This Agreement and all incorporated agreements and
your information may be automatically assigned by us in our sole discretion to
a third party in the event of an acquisition, sale or merger. If any provision
of this agreement is held illegal, invalid or unenforceable for any reason,
that provision shall be enforced to the maximum extent permissible, and the
other provisions of this Agreement shall remain in full force and effect. If
any provision of this Agreement is held illegal, invalid or unenforceable, it
shall be replaced, to the extent possible, with a legal, valid, and
unenforceable provision that is similar in tenor to the illegal, invalid, or
unenforceable provision as is legally possible. To the extent that anything in
or associated with the Site is in conflict or inconsistent with this Agreement,
this Agreement shall take precedence. Our failure to enforce any provision of
this Agreement shall not be deemed a waiver of such provision nor of the right
to enforce such provision. Our rights under this Agreement shall survive any
termination of this Agreement. The title, headings and captions of this
Agreement are provided for convenience only and shall have no effect on the
construction of the terms of this agreement.
31. Arbitration.
Any legal controversy or legal claim
arising out of or relating to this Agreement or our services, excluding legal
action taken by us relating to Site operations and/or intellectual property,
shall be settled solely by confidential binding arbitration in accordance with
the commercial arbitration rules of JAMS applicable at the time the arbitration
commences. The arbitration shall be conducted in
32. Termination.
You agree that Intravera, LLC in its sole
discretion, may terminate your membership, and remove and discard any content
that you have posted on the Site, for any reason, including, without
limitation, for lack of use or if Intravera, LLC in its sole opinion, believes
that you have violated or acted inconsistently with the letter or spirit of
this Agreement or that you are a repeat infringer of intellectual property
rights. You agree that any termination of your access to the Site under any
provision of this Agreement may be effected without prior notice, and
acknowledge and agree that AllBusiness may
immediately deactivate or delete your account and all related information and
files in your account and/or bard any further access to such files or the Site.
Further, you agree that AllBusiness shall not be
liable to you or any third-party for any termination of your access to the
Site.
