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1. Acceptance of Terms
Intuvoe Inc. ("Intuvoe") provides the use of this website, products, services, and content thereon (collectively hereinafter "Service") is provided to you, subject to Terms of Service and Legal Notices (jointly, "TOS") provided herein, which may be updated by Intuvoe from time to time without notice. IF THE TOS ARE NOT ACCEPTED IN FULL, YOU
MUST IMMEDIATE CEASE ALL USE OF THIS SERVICE. By your use of the Service, you
agree to the terms herein.
In consideration of your use
of the Service, you represent that you are of legal age and are under no
impairment or infirmity which would render you incompetent to form a binding
contract, are not a person barred from use of the Service under the laws of the
United States or other applicable jurisdiction, and will only use the Service
in a lawful manner.
2. Proprietary Rights and Legal Notices
You acknowledge and agree
that the Service contains proprietary materials that are protected under
trademark, copyright and other applicable laws (hereinafter, "Content").
Except as expressly authorized in writing, you agree not to copy, display, modify,
rent, lease, loan, sell, distribute, create derivative works, decompile,
disassemble, reverse engineer, or otherwise use the Content, in whole or in
part. Further, without prior written permission, you agree not to display or
use in any manner, any trademarks of Intuvoe. Intuvoe may use any data
provided by you, including email addresses.
The look and feel of this
website is trade dress owned by Intuvoe and protected under trademark and
copyright laws. All content on this website, including all copyright rights
therein, is owned by or licensed to Intuvoe.
3. Legal Rights and Remedies
a. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
1. YOUR USE OF THE SERVICE IS AT YOUR
SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. OUR COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND
2. INTUVOE MAKES NO WARRANTY THAT (i)
THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE
QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR
OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY
ERRORS IN THE SOFTWARE WILL BE CORRECTED.
3. ANY MATERIAL DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN
DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO
YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH
4. NO ADVICE OR INFORMATION, WHETHER
ORAL OR WRITTEN, OBTAINED BY YOU FROM INTUVOE OR THROUGH OR FROM THE SERVICE
SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
b. LIMITATION OF LIABILITY
EXPRESSLY UNDERSTAND AND AGREE THAT OUR COMPANY SHALL NOT BE LIABLE TO YOU FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA
OR OTHER INTANGIBLE LOSSES, EVEN IF OUR COMPANY HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
c. EXCLUSIONS AND LIMITATIONS
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
d. Remedy: You agree that Intuvoe
shall not be liable to you or to any third party for any modification,
suspension or discontinuance of the Service, except where a purchase has been
made, and in such case, the purchaser's exclusive remedy shall be a refund of
the price paid (less any amortization) or replacement of our products, at our
e. Third Parties: You agree to
indemnify and hold Intuvoe and any subsidiaries, affiliates, officers, agents,
co-branders or other partners, and employees, harmless from any claim or
demand, including reasonable attorneys' fees, made by any third party due to or
arising out of your use of the Service or your violation of the TOS. You agree
that there shall be no third party beneficiaries to the Service.
Personal information is
collected from use of the Service. Intuvoe generally does not disclose this
information, though may do so from time to time, such as under confidential
agreements, due to court order, or otherwise. Intuvoe may use this information
to contact you, such as regarding your use of the Service, regarding offers
related to the Service, or otherwise. We will not
knowingly collect or use any personal information from children we know to be
under the age of 13 without obtaining verifiable parental consent.
5. General Information
This TOS constitutes the entire agreement
between you and Intuvoe and governs your use of the Service, superseding
any prior agreements between you and Intuvoe with respect to the Service.
You also may be subject to additional terms and conditions that may apply
when you use or purchase certain other Services. You agree that this TOS
constitutes a set form in writing, whether or not you choose to print this
TOS, including the terms and conditions as described herein.
Choice of Law and Forum: This TOS, any relationship you have with Intuvoe,
any Service provided, any offering made, and any agreement entered into
shall be solely governed by and construed in accordance with the laws of
North Carolina, USA, without regard to its conflict of laws under any
jurisdiction. By electing to participate in any offering, you are
entering into a contract, and by agreeing to same your electronic
signature shall be the same as your handwritten signature in Raleigh,
North Carolina, USA in accordance with the Electronic Signatures in Global
and National Commerce Act of 2000. Any dispute or legal action arising
out of the TOS, any relationship you have with Intuvoe, any Service
provided, any offering made, and any agreement entered into shall be
litigated and enforced under the laws of Raleigh, North Carolina, USA, and
you agree to submit to the personal and exclusive jurisdiction of the
courts of Raleigh, North Carolina, USA, and you agree that any dispute or
legal action is subject to the exclusive jurisdiction of the courts of Raleigh,
North Carolina, USA. In addition, for any dispute or legal action arising
out of the TOS, any relationship you have with Intuvoe, and any agreement
entered into, you agree to submit to the personal and exclusive
jurisdiction of the Federal and state courts in North Carolina, and that
any dispute or legal action is subject to the exclusive jurisdiction of
the courts of Federal and state courts in North Carolina. You agree that
your viewing and use of this Service occurs solely within Raleigh, North
Carolina, USA, regardless of where your browser is physically located, and
that all Content or Service are located in, served from, and performed
wholly within Raleigh, North Carolina, USA.
Waiver and Severability of Terms: The failure of Intuvoe to exercise or enforce
any right or provision of the TOS shall not constitute a waiver of such
right or provision. If any provision of the TOS is found by a court of
competent jurisdiction to be invalid, you and Intuvoe nevertheless agree
that the court should endeavor to give effect to the parties' intentions
as reflected in the provision, and the other provisions of the TOS remain
in full force and effect.
Statute of Limitations: You agree that regardless of any statute or law
to the contrary, any claim or cause of action arising out of or related to
use of the Service or the TOS must be filed within one (1) year after such
claim or cause of action arose or be forever barred.
Titles: The section titles in the TOS are for convenience only and have no
legal or contractual effect.
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