Effective March 22, 2020
Your access to and use of certain Services may require you to accept additional terms and conditions applicable to such Services, including any future modifications (collectively, “Additional Terms”) in addition to this Agreement, and may require you to download software or Content (as defined below). The Additional Terms are made a part of this Agreement by this reference. In the event of a conflict, between any such Additional Terms and this Agreement, such Additional Terms will prevail over this Agreement with respect to your use of that specific Service.
All contents, products, and Services are limited to users aged 13 years and above, except in European Economic Area (“EEA”), where the Services are limited to users aged 16 years and above.
IntelligentDevice.Org furnishes the Services (as defined below) for your personal enjoyment and entertainment. By using any Service (whether or not you have an account or subscription) or by clicking a box that states that you accept and agree to this Agreement, you signify your agreement to be bound by this Agreement, including any future modifications, and any Additional Terms and to abide by all applicable laws, rules, and regulations (“Applicable Law”). Please read through this Agreement carefully. If you do not agree to be bound by this Agreement and to abide by all Applicable Law, you may not use the Services and must discontinue use of the Services immediately. IntelligentDevice.Org may modify this Agreement at any time, and each such modification will be effective upon posting on or to the Service. All material modifications will apply prospectively only. Your continued use of the Services following any modification constitutes your acceptance of and agree to bound by this Agreement as so modified. It is therefore important that you review this Agreement regularly. IntelligentDevice.Org may also use third-party service providers, such as vendors, contractors, agents or sponsors, to operate, develop or help IntelligentDevice.Org manage and provide the Services.
IntelligentDevice.Org Account Registration and Security
Some Services require you to create an account (including setting up an IntelligentDevice.Org credential and password) to participate in or to secure additional Services, such as viewing and commenting as defined below, purchasing our Products, creating a profile and signing up for specific newsletters. To create an account and interact with participating Services click on the Sign In/Join link on the Service webpage and create a profile.
All registration information you submit directly to us or through a Third-Party Service (defined below) to create an account must be accurate and must be kept updated by you by visiting the website (https://intelligentdevice.org/). Your failure to do so will constitute a breach of the Agreement, which may result in immediate termination of your account. You may not (i) select or use as a username a name of another person with the intent to impersonate that person; or (ii) use as a username a name subject to any rights of another person without appropriate authorization. IntelligentDevice.Org reserves the right to refuse registration of, or cancel, a username, in its sole discretion. It is your responsibility to notify us of any changes in such information, including, but not limited to your contact information. You are responsible for maintaining the confidentiality of all your passwords and are responsible for all use of your account. It is therefore critical that you do not share your account information with anyone. You may be held liable for losses incurred by “IntelligentDevice.Org” user or visitor in the event someone else uses your account as a result of your failure to keep your account information secure and confidential and you agree to indemnify “IntelligentDevice.Org” from any third-party claims arising from such actions. You agree not to use the account, username, email address or password of another member or subscriber at any time and not to allow any other person to use your account. You agree to notify “IntelligentDevice.Org” immediately if you suspect any unauthorized use of, or access to, your account or password. “IntelligentDevice.Org” shall retain the right to change your username, but no obligation, for any reason, including, without limitation, if the username you have selected violates this Agreement. If “IntelligentDevice.Org” makes available a manner by which you are able to upload a picture to your profile, “IntelligentDevice.Org” shall also retain the right, but no obligation, to review any profile pictures provided by you.
The Services are intended solely for your personal and non-commercial use. “IntelligentDevice.Org” may change, suspend or discontinue the part or all of the Services (or any feature thereof) at any time. “IntelligentDevice.Org” may also impose limits on certain features and services offered on the Services or restrict your access to parts or all of the Services without notice or liability. You acknowledge that from time to time part or all of the Services may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which “IntelligentDevice.Org” may undertake from time to time; or (iii) causes beyond the control of “IntelligentDevice.Org” or which are not reasonably foreseeable by “IntelligentDevice.Org”.
Unless terminated by “IntelligentDevice.Org” in its sole discretion, this Agreement remains in full force and effect while you use the Services. You may terminate your account at any time, for any reason, contact via the link: https://intelligentdevice.org/contact/. Please send us an email with your request to delete your account.
“IntelligentDevice.Org” may terminate your account, any subscription (both free and paid) and/or access to all (or any portion of) the Services at any time, for any or no reason, with or without prior notice or any explanation, and shall have no liability to you for such termination. Furthermore, even after your account subscription and/or access to the Services is terminated by you or “IntelligentDevice.Org”, this Agreement will remain in full force and effect with respect to your past and future use of the Services. If we terminate your user account, subscription and/or access to the Services (or any portion of the Services) you may not create a new account, purchase a new subscription or try to access the “IntelligentDevice.Org” prior written approval. You agree that your account is non-transferable. Any rights to your account and/or Services terminate upon your death.
You acknowledge that “IntelligentDevice.Org” reserves the right to charge a fee for any portion of the Services. “IntelligentDevice.Org” will provide you with advance notice of any such fees, including any change in the number of such fees, and a way to cancel your account and/or subscription in the event you do not wish to pay the modified fee. If you continue to use the Services after the applicable fee has been imposed or increased, you are expressly agreeing to the subscription fee or increase thereto and you will be responsible for paying such fee for the balance of your subscription service. You will not be entitled to a refund of any unused portion of such fees or other payments if “IntelligentDevice.Org” suspends or terminates your account, and/or access to any Service (or any portion of the Services), due to your breach of this Agreement or violation of Applicable Law, as determined by “IntelligentDevice.Org”, in its sole discretion.
If you purchase certain subscription-based “IntelligentDevice.Org” Products, your subscription will be automatically renewed and the credit or debit card you provided to the Processor for such “IntelligentDevice.Org” Product will be charged per the billing cycle of your subscription (e.g., monthly, 3-month, 6-month, annual), unless you cancel the subscription prior to the automatic renewal date of the subscription. The renewal charge for your subscription shall be the same as the original purchase price unless you are otherwise notified in advance. You acknowledge and agree that the authorization to charge your credit card for the subscription shall automatically transfer to any successors or assigns of “IntelligentDevice.Org” or the Processor, for a substantially similar subscription. Some subscription options include a free trial period. You are allowed only one free trial period. Subsequent subscriptions or upgrades do not qualify for additional free trials.
“IntelligentDevice.Org” makes no warranty, and to the fullest extent provided by law, accepts no liability for any loss or damages whatsoever, relating to, or in connection with, your placement of an order for an “IntelligentDevice.Org” Product with the Processor. “IntelligentDevice.Org” provides no refunds for, makes no warranty for, and to the fullest extent provided by law, accepts no liability, regarding purchases you make on or through any Service. You are solely responsible for any and all transactions utilizing your Personal Financial Information, including, but not limited to, any and all charges. You acknowledge and agree that in the event the Processor experiences a data breach that affects any of your information, “IntelligentDevice.Org” will in no way be responsible or liable to you for any such data breach.
If you have any questions regarding your purchases or transactions or believe that there is an error or unauthorized transaction or activity associated with transactions utilizing your information, you must contact the Processor.
Limited Content License
The Services contain information, text, files, images, video, sounds, musical works, works of authorship, materials, applications, software, product names, company names, trade names, logos, designs, and any other materials or content (collectively, “Content”) of “IntelligentDevice.Org” and its licensors and assignors, as well as materials and Content provided by users (“User Content”) or other third-parties. “IntelligentDevice.Org” content contained in the Services is protected by copyright, trademark, patent, trade secret and other laws and, as between you and “IntelligentDevice.Org”, its licensors, or its assignors, own and retain all rights in the “IntelligentDevice.Org” Content and Services. “IntelligentDevice.Org” hereby grants you a limited, revocable, non-sub-licensable, nontransferable license, to access and display or perform the “IntelligentDevice.Org” Content (excluding any software code) solely for your personal, non-commercial use, in connection with using the Services. The Services may also contain User Content. Except as provided in this Agreement or as explicitly allowed in the Additional Terms on the applicable Service, you may not copy, download, stream capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, perform, display, sell, frame or deep-link, make available or otherwise use any Content contained in or through the Services.
Except as explicitly and expressly permitted by “IntelligentDevice.Org” or by the limited license set forth above, you are strictly prohibited from creating works or materials (including but not limited to fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards, montages, mash-ups and similar videos, greeting cards, and unlicensed merchandise) that derive from or are based on the “IntelligentDevice.Org” Content. This prohibition applies regardless of whether such derivative works or materials are sold, bartered or given away. Also, you may not, either directly or through the use of any device, software, internet site, web-based service or other means, remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notice marked on the “IntelligentDevice.Org” Content contained in the Services or any digital rights management mechanism, device, or other content protection, copy control, or access control measure associated with the “IntelligentDevice.Org” Content, including geo-filtering mechanisms. Except as necessary in order to make reference to “IntelligentDevice.Org” or Services in a purely descriptive capacity, you are expressly prohibited from using any “IntelligentDevice.Org” Content in any manner.
You may not, without the “IntelligentDevice.Org” written permission, “mirror” any “IntelligentDevice.Org” Contents contained on the Services or any other server. You may not use the Services for any purpose that is unlawful or prohibited by the Agreement. You may not use the Services in any manner that could damage, disable, overburden, or impair the Services, or interfere with any other party’s use and enjoyment of the Services. You may not attempt to gain unauthorized access to the Services through hacking, password mining or any other means. “IntelligentDevice.Org” reserves the right, in its sole discretion, to terminate your access to the Services, or any portion thereof, at any time, for any reason or for no reason at all, without prior notice or any notice.
Restrictions on Use of the Services
“IntelligentDevice.Org” reserves the right to remove any and all Content in its sole discretion. You understand that you are responsible for all User Content that you post, upload, transmit, email or otherwise make available on, through or in connection with the Services. Additionally, you acknowledge that you have no expectation of privacy in or confidentiality with respect to your User Content. Accordingly, please choose carefully the information that you post on, through or in connection with the Services. You understand that “IntelligentDevice.Org” does not control the User Content posted by users via the Services and, as such, you understand you may be exposed to offensive, inaccurate or otherwise objectionable User Content. “IntelligentDevice.Org” assumes no responsibility or liability for any User Content. If you become aware of any misuse of the Services, please report this immediately to https://intelligentdevice.org/contact/.
“IntelligentDevice.Org” assumes no responsibility for monitoring the Services for inappropriate Content or conduct. If at any time, “IntelligentDevice.Org” chooses in its sole discretion to monitor the Services, “IntelligentDevice.Org” nonetheless assumes no responsibility for Content other than “IntelligentDevice.Org” Content, assumes no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of any user or visitor.
You agree not to use the Services to:
- Post, upload or otherwise transmit or link to content that is: unlawful; threatening; abusive; obscene; vulgar; sexually explicit; pornographic or inclusive of nudity; offensive; excessively violent; invasive of another’s privacy, publicity, contract or other rights; tortious; false or misleading; defamatory; libelous; hateful; or discriminatory;
- Violate the rights of others including patent, trademark, trade secret, copyright, privacy, publicity or other proprietary rights;
- Harass or harm another person;
- Exploit or endanger a minor;
- Impersonate or attempt to impersonate any person or entity;
- Introduce or engage in activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of or access to a computer or a computer network;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising the “IntelligentDevice.Org” Services;
- Interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the Services, including “IntelligentDevice.Org” servers, networks or accounts;
- Cover, remove, disable, block or obscure advertisements or other portions of the Services;
- Delete or revise any information provided by or pertaining to any other user of the Services;
- Use technology or any automated system such as scripts, spiders, offline readers, or bots in order to collect or disseminate usernames, passwords, email addresses or other data from the Services, or to circumvent or modify any security technology or software that is part of the Services;
- Send or cause to send (directly or indirectly) unsolicited bulk messages or other unsolicited bulk communications of any kind through the Services. If you do so, you acknowledge you will have caused substantial harm to “IntelligentDevice.Org” but that the amount of harm would be extremely difficult to measure. As a reasonable estimation of such harm, and by way of liquidated damages and not as a penalty, you agree to pay “IntelligentDevice.Org” $50 for each actual or intended recipient of such communication;
- Solicit, collect or request any personal information for commercial or unlawful purposes;
- Post, upload or otherwise transmit an image or video of another person without that person’s consent;
- Engage in commercial activity (including, but not limited to, advertisements or solicitations of, business; sales; contests; sweepstakes; creating, recreating, distributing or advertising an index of any significant portion of the “IntelligentDevice.Org” Content; or building a business using the “IntelligentDevice.Org” Content) without “IntelligentDevice.Org” prior written consent; using technology or other means to access, index, frame, or link to the “IntelligentDevice.Org” Services (including the Content) that is not authorized by “IntelligentDevice.Org” (including, without limitation, by removing disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, framing, reproduction, access to, or distribution of “IntelligentDevice.Org” Content);
- Accessing Services (including the Content) through any automated means, including “robots,” “spiders,” or “offline readers” (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices – but not caches or archives – of Services and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content;
- Use the Services to advertise or promote competing services;
- Use the Services in a manner inconsistent with any and all Applicable Law;
- Attempt, facilitate or encourage others to do any of the foregoing.
“IntelligentDevice.Org” reserves the right, but disclaims any obligation or responsibility, to remove User Content that violates this Agreement, as determined by “IntelligentDevice.Org”, or for any other reason in “IntelligentDevice.Org” sole discretion and without notice to you. You acknowledge that “IntelligentDevice.Org” reserves the right to investigate and take appropriate legal action against anyone who, in “IntelligentDevice.Org” sole discretion, violates this Agreement, including but not limited to, terminating their account and/or subscription and/or reporting such User Content, conduct, or activity to law enforcement authorities.
You acknowledge, consent and agree that “IntelligentDevice.Org” may access, preserve or disclose information you provide to or through the Services or that we have collected about you, including registration information and User Content, when “IntelligentDevice.Org” has a good faith belief that such access, preservation or disclosure is necessary in order to: (i) protect, enforce, or defend the legal rights, privacy, safety, or property of “IntelligentDevice.Org”, our parents, subsidiaries or affiliates (“IntelligentDevice.Org” Affiliates), or their employees, agents and contractors (including enforcement of this Agreement or our other agreements); (ii) protect the safety, privacy, and security of users of the Services or members of the public, including in urgent circumstances; (iii) protect against fraud or for risk management purposes; (iv) comply with Applicable Law or legal process; or (v) respond to requests from public and government authorities. If “IntelligentDevice.Org” sells all or part of its business or makes a sale or transfer of its assets or is otherwise involved in a merger or transfer of all or a material part of its business, “IntelligentDevice.Org” may transfer your information to the party or parties involved in the transaction as part of that transaction.
“IntelligentDevice.Org” reserves the right to limit the storage capacity of User Content. You assume full responsibility for maintaining backup copies of your User Content, and “IntelligentDevice.Org” assumes no responsibility for any loss of your User Content due to it being removed by “IntelligentDevice.Org” or for any other reason.
User Content on Message Boards and Forums
“IntelligentDevice.Org” may offer users the ability to post messages on message boards, stories, photos and/or forums (collectively, “Forums”), which may be open to the public generally, to all members of Services or to a select group of Service members. You acknowledge that all User Content posted by you on Forums is User Content, and by posting on Forums you agree to comply with the rules and restrictions on User Content set forth above and any other rules specifically applicable to such Forums. “IntelligentDevice.Org” reserves the right, but disclaims any obligation or responsibility, to prevent you from posting User Content to any Forum and to restrict or remove your User Content from a Forum or refuse to include your User Content in a Forum for any reason at any time, in “IntelligentDevice.Org” sole discretion and without notice to you. We ask you not to disclose any sensitive information (e.g., social security numbers, health or criminal background) on or through the Services, including the Forums or otherwise.
Your Proprietary Rights in and License to Your User Content
“IntelligentDevice.Org” does not claim any ownership rights (including copyright) in the User Content that you post, upload, email, transmit, or otherwise make available (collectively, “Transmit”) on, through or in connection with the Services, except with respect to your unsolicited submissions, as described under “Unsolicited Submissions” below; provided, however, that User Content shall not include any “IntelligentDevice.Org” Content or content owned by an “IntelligentDevice.Org” Affiliate. By posting or transmitting any User Content on, through or in connection with the Services, you hereby grant to “IntelligentDevice.Org”, licensees, assignees, and authorized users, a worldwide, perpetual, irrevocable, non-exclusive, fully-paid and royalty-free, freely sub-licensable and transferable (in whole or in part) right (including any moral rights) and license to use, modify, excerpt, adapt, publish, translate, create derivative works and compilations based upon, publicly perform, publicly display, reproduce, sublicense, broadcast and distribute such User Content, including your name, voice, likeness, and other personally identifiable information to the extent that such is contained in User Content, anywhere, in any form and on and through all media formats now known or hereafter devised, for any and all purposes including, but not limited to, promotional, marketing, trade or any non-commercial or commercial purposes. Additionally, “IntelligentDevice.Org” is free to use any ideas, concepts, know-how, or techniques contained within such User Content for any purpose including, but not limited to, developing, manufacturing, marketing and providing commercial products and services, including Services. “IntelligentDevice.Org” use of such User Content shall not require any further notice or attribution to you and such use shall be without the requirement of any permission from or any payment to you or any other person or entity. You hereby appoint “IntelligentDevice.Org” as your agent with full authority to execute any document or take any action, “IntelligentDevice.Org” may consider appropriate in order to confirm the rights granted by you to “IntelligentDevice.Org” in this Agreement.
You represent and warrant that: (i) you own the User Content Transmitted by you on, through or in connection with the Services and/or Third-Party Services, or otherwise have the right to grant the license set forth in this section, and (ii) the Transmission of User Content by you on, through or in connection with the Services and/or Third-Party Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of the use of any User Content Transmitted by you on or through the Services or Third-Party Services. If you delete your User Content from any Service, the “IntelligentDevice.Org” license to such User Content will end after a reasonable period of time necessary for the deletion to take full effect. However, the User Content may be retained in “IntelligentDevice.Org” back-up copies of the applicable Service, which are not publicly available. Furthermore, to the extent that “IntelligentDevice.Org” made use of your User Content before you deleted it, “IntelligentDevice.Org” will retain the right to make such pre-existing uses even after your User Content is deleted. You acknowledge that (i) deletion of your User Content from Services will not result in, and “IntelligentDevice.Org” assumes no responsibility for, the deletion of such User Content by any third parties who were provided with or had access to such User Content prior to your deleting it from Services, and (ii) termination of your account or your use of the Services will not result in the immediate or automatic deletion of your User Content consistent with this Agreement.
Removal of Material that Infringes Copyrights
“IntelligentDevice.Org” respects the intellectual property of others and requires that our users do the same. “IntelligentDevice.Org” has a policy that provides for the termination in appropriate circumstances of users and account holders of Services who are repeat infringers.
THE “INTELLIGENTDEVICE.ORG” SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND “INTELLIGENTDEVICE.ORG” DOES NOT GUARANTEE OR PROMISE ANY SPECIFIC RESULTS FROM USE OF OR CONTINUOUS AVAILABILITY OF THE “INTELLIGENTDEVICE.ORG” SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, “INTELLIGENTDEVICE.ORG” EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED FOR A COURSE OF PERFORMANCE OR COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, “INTELLIGENTDEVICE.ORG” MAKES NO WARRANTY THAT YOUR USE OF THE “INTELLIGENTDEVICE.ORG” SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS TO THE “INTELLIGENTDEVICE.ORG” SERVICES WILL BE CORRECTED, THAT THE “INTELLIGENTDEVICE.ORG” SERVICES OR THE SERVERS ON WHICH THEY ARE AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY INFORMATION OBTAINED BY YOU ON, THROUGH OR IN CONNECTION WITH THE “INTELLIGENTDEVICE.ORG” SERVICES OR THIRD-PARTY SERVICES (INCLUDING, BUT NOT LIMITED TO, THROUGH USER CONTENT OR THIRD-PARTY ADVERTISEMENTS) WILL BE ACCURATE, RELIABLE, TIMELY OR COMPLETE. UNDER NO CIRCUMSTANCES WILL “INTELLIGENTDEVICE.ORG” OR OUR “INTELLIGENTDEVICE.ORG” AFFILIATES BE RESPONSIBLE FOR ANY LOSS OR DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF DATA, PROPERTY DAMAGE, PERSONAL INJURY OR DEATH) RESULTING FROM USE OF THE “INTELLIGENTDEVICE.ORG” SERVICES, PROBLEMS OR TECHNICAL MALFUNCTION IN CONNECTION WITH USE OF THE “INTELLIGENTDEVICE.ORG” SERVICES, ATTENDANCE AT AN “INTELLIGENTDEVICE.ORG” EVENT, ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED IN CONNECTION WITH THE “INTELLIGENTDEVICE.ORG” SERVICES, ANY USER CONTENT, ANY THIRD-PARTY ADVERTISEMENT OR THIRD-PARTY SERVICE TRANSMITTED ON, THROUGH OR IN CONNECTION WITH THE “INTELLIGENTDEVICE.ORG” SERVICES, OR THE CONDUCT OF ANY USERS OF THE “INTELLIGENTDEVICE.ORG” SERVICES, WHETHER ONLINE OR OFFLINE. YOUR USE OF USER CONTENT, THIRD-PARTY ADVERTISEMENTS, THIRD-PARTY SERVICES, AND THE GOODS OR SERVICES PROVIDED BY ANY THIRD-PARTIES IS SOLELY YOUR RESPONSIBILITY AND AT YOUR OWN RISK.
YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE “INTELLIGENTDEVICE.ORG” SERVICES, AND ANY INFORMATION TRANSMITTED OR RECEIVED IN CONNECTION THEREWITH, MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ASSUME RESPONSIBILITY FOR THE ENTIRE COST OF ANY MAINTENANCE, REPAIR OR CORRECTION TO YOUR COMPUTER SYSTEM OR OTHER PROPERTY OR RECOVERY OR RECONSTRUCTION OF LOST DATA NECESSITATED BY YOUR USE OF THE “INTELLIGENTDEVICE.ORG” SERVICES.
User Content, third-party advertisements, and Third-Party Services do not necessarily reflect the opinions or policies of “IntelligentDevice.Org”.
Limitation on Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, “INTELLIGENTDEVICE.ORG” WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE “INTELLIGENTDEVICE.ORG” SERVICES, EVEN IF “INTELLIGENTDEVICE.ORG” HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, “INTELLIGENTDEVICE.ORG” AND OUR NG AFFILIATES’ LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO “INTELLIGENTDEVICE.ORG”, FOR THE “INTELLIGENTDEVICE.ORG” SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO THE CLAIM.
YOU ACKNOWLEDGE AND AGREE THAT ANY DAMAGES YOU INCUR ARISING OUT OF “INTELLIGENTDEVICE.ORG” ACTS OR OMISSIONS OR YOUR USE OF “INTELLIGENTDEVICE.ORG” SERVICES ARE NOT IRREPARABLE AND ARE INSUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING THE AVAILABILITY OF OR ANY PERSON’S ABILITY TO ACCESS ANY PORTION OF THE “INTELLIGENTDEVICE.ORG” SERVICES.
THE LIMITATIONS IN THIS SECTION APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF “INTELLIGENTDEVICE.ORG” HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
You agree to indemnify and hold “IntelligentDevice.Org, its subcontractors and other partners, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys’ fees, made by any third party due to or arising out of or in connection with your use of the Services, your breach of this Agreement, your violation of any rights of another or any User Content that you post or otherwise submit on, through or in connection with the Services.
“IntelligentDevice.Org” may, from time to time, post employment opportunities on the Services and/or invite users to submit resumes to it. If you choose to submit your name, contact information, resume and/or other personal information to “IntelligentDevice.Org” in response to employment listings, you are authorizing “IntelligentDevice.Org” to utilize this information for all lawful and legitimate hiring and employment purposes. Nothing in this Agreement or contained in the Services will constitute a promise by “IntelligentDevice.Org” to contact, interview, hire or employ any individual who submits information to it, nor will anything in this Agreement or contained in the Services constitute a promise that “IntelligentDevice.Org” will review any or all of the information submitted to it by users of the Services.
The failure of “IntelligentDevice.Org” to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. Except as otherwise expressly provided herein, if any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
You agree that any notices the “IntelligentDevice.Org” may be required by Applicable Law to send to you will be effective upon “IntelligentDevice.Org” sending an e-mail message to the e-mail address you have on file with “IntelligentDevice.Org” or publishing such notices on the informational page(s) of Services.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and “IntelligentDevice.Org” as a result of this Agreement or your use of the Services. A printed version of this Agreement and of any notice related to it shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent as other business documents and records originally generated and maintained in printed form.
Nothing contained in this Agreement limits “IntelligentDevice.Org” right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by us in connection with such use.
If you would like to contact any Service with any questions regarding this Agreement, please contact us at https://intelligentdevice.org/contact/.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.