THIS IS AN AGREEMENT BETWEEN YOU AND The Insight Program
This is an agreement (“Agreement”) between you and The Insight Program (or, if applicable based on where you live, one of its affiliates). This Agreement governs your use of any Web site or Web page operated by The Insight Program (each, an “The Insight Program Web Site,” and collectively, the “The Insight Program Web site”). You represent that you are at least 18 years of age and have attained the age of majority in the province, state or country in which you reside, and any information that you submit is correct.
The Insight Program OFFERS The Insight Program WEB SITE TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THIS AGREEMENT. YOUR USE OF The Insight Program WEB SITE CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT.
THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY (See Sections 8, 9, and 10); AND AN EXCLUSIVE REMEDY (See Section 9). THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR BARGAIN.
HOW The Insight Program MAY MODIFY THIS AGREEMENT
The Insight Program reserves the right to change the terms, conditions, and notices under which it offers The Insight Program Web Site, including any charges associated with the use of The Insight Program Web Site. You are responsible for regularly reviewing these terms, conditions and notices, and any additional terms posted on any The Insight Program Web Site. Your continued use of The Insight Program Web Site after the effective date of such changes constitutes your acceptance of and agreement to such changes.
The Insight Program Web Site may itself contain additional terms (for example, codes of conduct or guidelines) that further govern use of that The Insight Program Web Site, including without limitation, particular features or offers (for example, sweepstakes). If any terms contained in this Agreement conflict with any terms contained within an The Insight Program Web Site, then the terms in this Agreement shall control.
NO COMMERCIAL, UNLAWFUL OR HARMFUL USE OF
The Insight Program WEB SITE The Insight Program Web site are only for your personal and commercial advertisement use. You will not use The Insight Program Web site in any way that is unlawful, or harms The Insight Program, its affiliates, resellers, distributors, service providers and/or suppliers (each, an “The Insight Program Party” and collectively, the “The Insight Program Parties”) or any customer of an The Insight Program Party, as determined in The Insight Program’s sole discretion. The Insight Program may tell you about certain specific harmful uses in a code of conduct or other notices available through an The Insight Program Web Site, but has no obligation to do so. You may not use The Insight Program Web Sits in any way that breaches any code of conduct, policy or other notice applicable to The Insight Program Web Site. Without limiting the generality of this section, you may not use The Insight Program Web Site in any manner that could damage, disable, overburden, or impair any The Insight Program Web Site (or the network(s) connected to any The Insight Program Web Site) or interfere with any other party’s use and enjoyment of The Insight Program Web site
SPAM IS PROHIBITED AND CAUSES DAMAGE; SPAM FILTERING TECHNOLOGY
Without limiting the generality of Section 4, you will not use The Insight Program Web Site to transmit, either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail. The Insight Program may use filtering technology or other measures in its efforts to stop unsolicited bulk e-mail and unsolicited commercial e-mail, and if your use of The Insight Program Web site includes e-mail related services, then such filtering technology or other measures may block, either temporarily or permanently, some e-mail sent to you through The Insight Program Web Site.
MATERIALS YOU POST OR PROVIDE; COMMUNICATIONS MONITORING
For materials you post or otherwise provide to The Insight Program related to The Insight Program Web Site (an “advertisement submission”), you grant The Insight Program permission to (1) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, translate and reformat your Submission, each in connection with The Insight Program Web site, and (2) sublicense these rights, to the maximum extent permitted by applicable law. The Insight Program will not pay you for your Submission. The Insight Program may remove your Submission at any time. For each Submission, you represent that you have all rights necessary for you to make the grants in this section. To the maximum extent permitted by applicable law, The Insight Program may monitor your e-mail, or other electronic communications and may disclose such information in the event it has a good faith reason to believe it is necessary for purposes of ensuring your compliance with this Agreement, and protecting the rights, property, and interests of The Insight Program Parties or any customer of a The Insight Program Party.
INFORMATION AVAILABLE FROM The Insight Program WEB SITE
The Insight Program and its suppliers do not warrant or guarantee the accuracy or timeliness of any information available from The Insight Program Web Site. The Insight Program and its suppliers do not authorize the use of information available from The Insight Program Web Site for any purpose other than your personal use, and prohibit to the maximum extent allowable the resale, redistribution, and use of this information for commercial purposes. The Insight Program is not a broker/dealer or registered investment advisor under United States federal securities law or securities laws of other jurisdictions, and does not advise individuals as to the advisability of investing in, purchasing or selling securities or other financial products or services. Nothing contained in The Insight Program Web site constitute an offer or solicitation to buy or sell any security. The Insight Program does not endorse or recommend any particular product or service, including financial products or services. Nothing contained in The Insight Program Web site is intended to constitute professional advice, including but not limited to, investment or tax advice.
The Insight Program MAKES NO WARRANTY
The Insight Program PROVIDES The Insight Program WEB SITE “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, The Insight Program PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. The Insight Program PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF The Insight Program WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT.
LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY
IN NO EVENT WILL ANY The Insight Program PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF The Insight Program WEB SITE, EVEN IF SUCH The Insight Program PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER SECTION 8 IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH The Insight Program WEB SITE, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY The Insight Program PARTY WITH RESPECT TO THIS AGREEMENT OR The Insight Program WEB SITE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING The Insight Program WEB SITE.
CHANGES TO The Insight Program WEB SITE; ADDITIONAL LIABILITY LIMITATION
The Insight Program PARTIES MAY CHANGE The Insight Program WEB SITE OR DELETE FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON. As you use The Insight Program Web site, you should expect to receive, access or use information, materials, graphics, software, data and content (collectively, “Content”) originated by The Insight Program and persons other than The Insight Program (any such person is referred to as a “Third Party”). WITHOUT LIMITING THE GENERALITY OF SECTIONS 8 AND 9, YOU ACKNOWLEDGE AND AGREE THAT The Insight Program PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF SECTIONS 9 AND 10, YOU ACKNOWLEDGE AND AGREE THAT The Insight Program IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF The Insight Program WEB SITE, (2) ANY INCOMPATIBILITY BETWEEN The Insight Program WEB SITE AND OTHER WEB SITE, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH The Insight Program WEB SITE IN AN ACCURATE OR TIMELY MANNER, OR (4) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES AVAILABLE FROM THIRD PARTIES THOUGH LINKS CONTAINED ON The Insight Program WEB SITE. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN SECTIONS 8, 9 AND 10 OF THIS AGREEMENT APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND ARE NOT INTENDED TO DEPRIVE YOU OF ANY MANDATORY PROTECTIONS PROVIDED TO YOU UNDER APPLICABLE LAW.
TERMINATION; ACCESS RESTRICTION
The Insight Program may terminate this Agreement, or terminate or suspend your access to The Insight Program Web site at any time, with or without cause, with or without notice. Upon such termination or suspension, your right to use The Insight Program Web site will immediately cease. UPON SUCH TERMINATION OR SUSPENSION, ANY INFORMATION YOU HAVE STORED ON The Insight Program WEB SITE MAY NOT BE RETRIEVED LATER.
CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES
If this Agreement is with The Insight Program Corporation, claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the State of Georgia, without reference to conflict of laws principles. If this Agreement is with an The Insight Program affiliate, claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the place of incorporation for such The Insight Program affiliate, without reference to conflict of laws principles. All other claims, including, without limitation, claims under or for violation of consumer protection laws, unfair competition laws, and in tort, will be adjudicated under the laws of your state of residence in the United States, or, if you reside outside the United States, under the laws of the country to which the subject The Insight Program Web site are directed. If this Agreement is with The Insight Program, you hereby irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in Fulton County, Georgia, USA in all disputes arising out of or relating to the use of The Insight Program Web site. If this Agreement is with a The Insight Program affiliate, you hereby consent to the exclusive jurisdiction and venue of the courts located in the place of incorporation for such The Insight Program affiliate in all disputes arising out of or relating to the use of The Insight Program Web site.
INTERPRETING THE AGREEMENT; ASSIGNMENT
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect. The Insight Program may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or assign, transfer or sublicense your rights, if any, in The Insight Program Web site. Except as expressly stated herein, this Agreement constitutes the entire agreement between you and The Insight Program with respect to The Insight Program Web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and The Insight Program with respect to The Insight Program Web site. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.
YOU HAVE LIMITED TIME TO BRING YOUR CLAIM
YOU AND The Insight Program AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO The Insight Program WEB SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
COPYRIGHT AND TRADEMARK NOTICES; OTHER ACKNOWLEDGEMENTS
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE