Terms of Service and Legal Notices

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, and you understand and agree that Intuvoe will treat your use of the Service as acceptance of the terms herein from that point onwards.

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.

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 NON-INFRINGEMENT.

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, VIEWED, 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, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM THE DOWNLOAD, VIEW, OR RECEIPT OF ANY SUCH MATERIAL.  YOU ACKNOWLEDGE AND AGREE THAT INTUVOE IS NOT RESPONSIBLE FOR ANY THIRD PARTY ACTION OR INACTION THAT AFFECTS YOUR USE OF THE SERVICE.

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

YOU 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.  INTUVOE'S TOTAL LIABILITY REGARDING THE USE OF THE SERVICES , REGARDLESS OF CAUSE OR THEORY OF RECOVERY, WHETHER IN CONTRACT, TORT OR OTHERWISE, WILL NOT EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU TO INTUVOE DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE DATE THE CLAIM ARISES.

c.      EXCLUSIONS AND LIMITATIONS

SOME 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 option.

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.

4.   Privacy

Personal information is collected from use of the Service, and to the extent lawful, Intuvoe may use any data provided by you, including email addresses.  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.  Intuvoe 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.  Further information pertaining to privacy may be found in our Privacy Policy.

5.  General Information

  1. Entire Agreement: 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.
  1. 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.
  1. 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.
  1. 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.
  1. Section Titles: The section titles in the TOS are for convenience only and have no legal or contractual effect.

 

Last Modified: October 1, 2009