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IntelliSpeX User Terms of Service

Updated as of: May 4, 2021

The https://intellispex.com and www.intellispex.com websites, and any other website on which these Terms of Service appear (the "Websites"), and any software, mobile applications, products, devices or other services offered by IntelliSpeX from time to time and other services offered through third parties integrating IntelliSpeX functionality, or accessed from the above websites (collectively, the "Services"), are made available by IntelliSpeX, Inc. ("IntelliSpeX"). You may access and use the Websites and Services only under the following terms and conditions ("Terms of Service").

These Terms of Service apply to all users of the Websites and Services. By using the Websites and Services you signify your acceptance of these Terms of Service, IntelliSpeX's IntelliSpeX's Copyright Policy, and IntelliSpeX’s Privacy Notice, which are incorporated herein by reference into these Terms of Service and made a part hereof. If you do not agree to the Terms of Service, you must discontinue using the Websites and Services.

To the extent that your use of the Services is governed by a Software as a Service Agreement or a Master Services Agreement, the Software as a Service Agreement, or Master Services Agreement shall control in the event of conflict with these terms.

Website Limited License. As a user of the Websites and Services you are granted a nonexclusive, nontransferable, revocable, limited license to access and use the Websites and Services in accordance with these Terms of Service. IntelliSpeX may terminate this license at any time for any reason. To the extent use of the Websites and Services requires login information, the foregoing does not automatically grant you a right of access and you must obtain login information as required by the Websites and Services.

Limitations On and Scope of Use. Any unauthorized use of the Websites and Services is prohibited. You may not use the Websites and/or Services to:

Copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of the Websites or the Services.

Manually extract, decompile, reverse engineer, disassemble or create derivative works from the Websites or the Services.

Determine the site architecture or extract data or information about usage, individual identities of other users of the Websites or the Services via use of any network monitoring or discovery software or otherwise.

Monitor, copy, scan, review, index, mirror, ping or validate the Websites or the Services via robot, spider, other automatic software or device, process, approach or methodology, manual or otherwise (methods such as web scraping, harvesting, data extraction, data validation or verification are prohibited).

Transmit any computer virus, worm, defect, Trojan horse, any type or form of malicious code, or any other item of a destructive nature, or to upload, transfer, or transmit any virus or malicious code.

Transmit any false, misleading, fraudulent or illegal communications, information or data.

Phish, spoof, commit illegal or fraudulent activity, or violate laws in your jurisdiction.

Access unauthorized information.

Solicit information from minors or harm or threaten to harm minors.

Attack, threaten violence, stalk, harass, incite, harm, or intimidate any other user, person or organization, or engage in any other threatening behavior.

Transmit or post any material that is abusive, harassing, tortious, defamatory, vulgar, pornographic, obscene, libelous, fraudulent, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.

Transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, contests, pyramid schemes, surveys, or any other form of solicitation or mass messaging, whether commercial in nature or not.

Export or re-export this Website or any portion thereof in violation of the export control laws and regulations of the United States of America.

Intellectual Property Rights. Except as expressly provided in these Terms of Service, nothing contained herein shall be construed as conferring any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights. You agree that the Websites and Services are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. IntelliSpeX, the IntelliSpeX logo, and all other IntelliSpeX trademarks, service marks, product names, and trade names of IntelliSpeX appearing on or in conjunction with the Websites and Services are owned by IntelliSpeX. IntelliSpeX does not grant you the right to use or display any trademark, service mark, product name, trade name or logo appearing on the Websites or the Services without IntelliSpeX's prior written consent.

Linking to the Websites and Services. You may provide links to the Websites and Services, provided (i) you do not remove or obscure, by framing or otherwise, any portion of the web pages, the Terms of Service, or any notices on the Websites and Services and (ii) you discontinue providing links to the Websites and Services if requested by IntelliSpeX.

License of Your Content to IntelliSpeX. By posting, publishing, uploading, or distributing any data, information, text, graphics, links, messages, reviews, content, or other materials for use on the Websites or Services (other than on https://intellispex.com and www.intellispex.com or on the IntelliSpeX mobile applications), you grant (or warrant that the owner of such rights has expressly granted) IntelliSpeX a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license, with the right to sublicense, to use, modify, reproduce, publish, adapt, publicly perform, publicly display, digitally display and digitally perform, translate, create derivative works from and distribute such postings or incorporate such postings into any form, medium, or technology now known or later developed. You agree that you shall have no recourse against IntelliSpeX for any alleged or actual infringement or misappropriation of any proprietary right in postings you provide to IntelliSpeX.

Copyright Notices & Complaints. It is IntelliSpeX's policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (the "DMCA"). For more information about IntelliSpeX's DMCA procedures, please see our Copyright Policy. Your acceptance of these Terms and Conditions is also your consent to the copyright practices described in our Copyright Policy. IntelliSpeX may terminate any user's access to the Websites or Services if IntelliSpeX determines at its sole discretion that any user is in violation of any part of these Terms of Service

Relationship of IntelliSpeX and You. You are an independent third party to the Websites and Services, and nothing in this Agreement will create or represent that there is any partnership, joint venture, agency, franchise, sales relationship, or employment relationship between you and IntelliSpeX.

No Solicitation. You shall not distribute on or through the Websites or Services any postings or presentations of data containing any advertising, promotion, solicitation for goods, services or funds or solicitation for others to become members of any enterprise or organization.

Registration. Certain sections of the Websites or Services may require you to register. If registration is requested, you agree to provide accurate and complete registration information. It is your responsibility to inform IntelliSpeX of any changes to that information. You understand that by registering with the Websites or Services, you may receive regular updates regarding new or existing IntelliSpeX products or services. You may request to unsubscribe by following the directions in such updates and IntelliSpeX will permanently remove you from IntelliSpeX's registered list of subscribers.

Postings in Interactive Areas. If you participate in interactive areas on the Websites or Services, you shall not post, publish, upload or distribute any postings which are in violation of these Terms of Service or are unlawful or abusive in any way. IntelliSpeX may delete your postings at any time for any reason without notification of or Postings in Interactive Areas permission from you, however, IntelliSpeX has no obligation to monitor or screen postings and is not responsible for the content in such postings or any content linked to or from such postings. But IntelliSpeX does reserve the right, in its sole discretion, to monitor interactive areas, screen postings, edit postings, cause postings not to be posted, published, uploaded or distributed, and remove postings, at any time and for any or no reason without notification of or permission from you.

No Expectation of Privacy. INTELLISPEX MAKES NO GUARANTEE OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED TO OR FROM THIS WEBSITE. YOU ACKNOWLEDGE THAT ANY CONTENT YOU POST ON PUBLICLY ACCESSIBLE PORTIONS OF THE WEBSITES OR SERVICES IS A PUBLIC AND NOT PRIVATE COMMUNICATION. Others may read and view your communications without your knowledge. IntelliSpeX does not control or endorse the content, messages or information posted by other third-party users on the Websites or Services. You agree that IntelliSpeX is not be liable for the privacy of any of your or any other third-party postings to the Websites or Services and specifically disclaims any liability resulting from such postings and communications, including any objectionable content. Please also see IntelliSpeX's complete Privacy Notice, incorporated herein into these Terms of Service by reference.

Errors and Corrections. IntelliSpeX does not represent or warrant that the Websites or Services will be error-free, free of viruses or other harmful components, or that defects will be corrected or that it will always be accessible. IntelliSpeX does not warrant or represent that postings or information available on or through the Websites or Services will be correct, accurate, timely, or otherwise reliable. IntelliSpeX may make improvements and or changes to its features or functionality at any time.

Third-Party Content and Links. Third-party content may appear on the Websites or Services or may be accessible via links from this Website. IntelliSpeX will not be responsible for and assumes no liability for any infringement, mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third-party content appearing on the Websites or Services. You understand that the information and opinions in the third-party content is neither endorsed by nor does it reflect the belief or opinion of IntelliSpeX. Further, information and opinions provided by employees and agents of IntelliSpeX in interactive areas of the Websites or Services are not necessarily endorsed by IntelliSpeX and do not necessarily represent the beliefs and opinions of IntelliSpeX. IntelliSpeX, or other third-party users of the Websites or Services, may provide links to other websites or resources. IntelliSpeX has no control over such sites and resources. You acknowledge and agree that IntelliSpeX is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials contained in or available from such sites or resources. You acknowledge that use of any third-party website is governed by the terms of service and privacy policy for that website, which terms you are responsible for reading and understanding, and not by these Terms of Service or IntelliSpeX's Copyright or Privacy Notice. You further acknowledge and agree that IntelliSpeX shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any third-party site or resource. IntelliSpeX reserves the right to disable any link or remove any third-party content at any time in its sole discretion.

DISCLAIMER. THE WEBSITES AND SERVICES ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. INTELLISPEX EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. INTELLISPEX DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THE WEBSITES OR SERVICES INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) THIRD-PARTY COMMUNICATIONS, (C) ANY THIRD-PARTY PLATFORMS, WEBSITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS ON THE WEBSITES OR SERVICES, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (D) THE UNAVAILABILITY OF THE WEBSITE OR SERVICES, (E) YOUR USE OF THE WEBSITE OR SERVICES, OR (F) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE WEBSITE OR SERVICES.

LIMITATION OF LIABILITY. INTELLISPEX SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE WEBSITE OR SERVICES, ANY FACTS OR OPINIONS APPEARING ON OR THROUGH AN INTERACTIVE AREA, OR ANY THIRD PARTY COMMUNICATIONS. INTELLISPEX SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE WEBSITE OR SERVICES, THE INTERACTIVE AREAS, OR ANY THIRD-PARTY COMMUNICATIONS.

Indemnification. You agree to indemnify, defend and hold IntelliSpeX, its officers, directors, employees, agents, licensors, and suppliers harmless from and against all claims, losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Service by you or arising from or related to any postings submitted by you.

Governing Law. These Terms of Service are to be governed by and construed in accordance with the internal laws of the State of Oklahoma, without regard for principles of conflicts of laws. Any action, claim, dispute or proceeding arising out of or relating to these Terms of Service shall be brought exclusively in the state and federal courts sitting in Comanche County, Oklahoma.

Privacy. Your use of this Website is subject to these Terms of Service and IntelliSpeX's Privacy Notice.

Severability of Provisions. These Terms of Service incorporate by reference any notices contained on this Website, the Privacy Notice, or the Copyright Policy, and constitute the entire agreement with respect to access to and use of this Website. In the event there is conflict amongst the terms of the foregoing, these Terms of Service prevail. If any provision of these Terms of Service is unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.

Modifications to Terms of Service. IntelliSpeX may, in its sole discretion, modify or revise these Terms of Service, including without limitation IntelliSpeX's Copyright or Privacy Notice, at any time without notice by posting the amended terms on the Websites or otherwise linking to them in the Services. IntelliSpeX may either (a) notify you via the email address you have associated with your account if you have registered with the Websites or Services, so you must ensure that IntelliSpeX's email is not filtered from your Inbox by your ISP or email software, or (b) post a notice on the Websites and Services that the Terms of Services and or Privacy Notice have been updated. You agree that your use of this Website, after the date on which the Terms of Service changed, will constitute your acceptance of the updated Terms of Service, and that you agree to be bound by such modifications or revisions.