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Terms of Use

Terms of Use

DECEMBER 21, 2007

This website, including any extensions to the same, and any additional sites or domains that we may adopt from time to time (the “Site”) is made available by the INVIDI Technologies Corporation or one or more of its affiliates (“we”, “us” or “INVIDI”). We are not responsible for the opinions or information posted on the Site by others. We may change these policies from time to time by updating this page. Your continued use of the Site after we post any revised policy means that you accept our revised policy. You must be 18 years or older to use the Site. If you do not agree with any of our rules or policies, you may not use the Site.  Our use of your personal information and other privacy practices are set in our Privacy Policy.

Ownership, License, Use

Unless otherwise stated, the Site and its contents are owned and operated by INVIDI. INVIDI owns all rights in the name ‘INVIDI’ and various other ‘INVIDI’ trade names, trademarks and service marks, and reserves all worldwide rights to such property. The Site and all materials appearing on it are protected by copyright and may not be used or reproduced without our prior written permission. Other trademarks or copyrighted materials appearing on the Site are the property of their respective owners and may not be used without permission.

You may access and use the materials and information on our Site as they appear there for your own personal use, business use, or professional development. Any materials that you download for your own use must maintain all copyright or other notices. Except as we expressly permit, any redistribution, retransmission, commercial exploitation, linking, or other uses are strictly prohibited.

You shall not copy or edit the materials, or integrate them into any other media. You shall not claim ownership or authorship, or otherwise use the materials except as we expressly permit. You shall not hack into our Site, or otherwise gain unauthorized access to or make improper use of any content on or related to the Site.

Complaints regarding content posted on the Site

We respect the intellectual property rights of others and strive to offer a platform which contains no content that violates those rights. Our Terms of Use require that information posted by users be accurate, lawful and not in violation of the rights of third parties. If you believe that any information posted on the Site is unlawful or inaccurate, or violates the intellectual property or other rights of you or anyone else, please contact us.

Your Responsibilities

You must abide by our Terms of Use. By posting material, the posting party warrants and represents that he or she owns the copyright with respect to such material or has received written permission from the copyright owner. In addition, the posting party grants us and users of the Site the nonexclusive right and license to display, copy, publish, distribute, transmit, print, and use such information or other material.

We do not actively monitor the Site for inappropriate postings and do not on our own undertake editorial control of postings. However, in the event that any inappropriate posting is brought to our attention, we will take reasonable and appropriate action.

You are responsible for complying with the laws of the jurisdiction wherever you are located, and you agree that you will not access or use the Site, its information, or materials in violation of such laws. You are solely responsible for the confidentiality and protection of any access tools, user name and password by which you utilize the Site. You must notify us immediately if you believe your user name and/or password has been compromised. We reserve the right to terminate access to any user who does not abide by these guidelines.

No Representations or Warranties; Limitation of Liability

We provide you access to the information and materials on the Site on an “AS IS” basis without any representations or warranties. WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. We reserve the right to amend or withdraw our information, materials, and services provided on or through the Site at any time without notice. We will not be liable or responsible for any damages or injuries caused by use of the Site (such as viruses, omissions or misstatements). No advice or information, whether oral or written, obtained by you from us or through or from the Site shall create any warranty not expressly stated herein. We are not responsible or liable for any interruption or discontinuation of the Site or our subscriptions. We also have the right to terminate your access to all or part of our Site or our subscriptions without notice. While we may offer a wide variety of information, materials, and services, we make no promises about the content. By using this Site and other methods of communication, you confirm that you have not relied on any of their respective content. In no event shall we be liable for any special, indirect, or consequential damages or any damages whatsoever resulting from loss of use, data, or profits, arising out of or in connection with the use or performance of any information posted on the Site. IN ALL EVENTS, OUR TOTAL LIABILITY IS LIMITED TO THE AMOUNT, IF ANY, THAT YOU ACTUALLY PAID US FOR ACCESSING THIS SITE OR $100, WHICHEVER IS GREATER.

Release

INVIDI, its affiliates and their respective officers, directors, employees, shareholders, successors or heirs (the “Protected Entities”) shall in no event be liable for any claims, damages or related expenses or liabilities, including, but not limited to, indirect, incidental, consequential, special, general, exemplary or punitive damages, arising from, or directly or indirectly related to: (a) the use of, or the inability to use, the Site, materials and functions relate thereto, your provision of information via the Site, lost business or lost sales, even if such protected entity has been advised of the possibility of such damages; (b) the purchase and/or use of any products, services, discounts or deals obtained through the Site; or (c) any misprints or inaccuracies that may be found to exist on the Site.

Indemnification

You agree to defend, indemnify and hold INVIDI, its members and affiliates, and their respective directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Site, the unauthorized use of your member name and/or password; your placement or transmission of any message, content, information, software or other materials available on or through the Site, or your breach or violation of the law or of any of our policies. INVIDI reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with the INVIDI defense of such claim.

Third Party Links

We occasionally link to third party sites. This is to provide you with the opportunity to learn additional information. Third party sites are not endorsed or otherwise affiliated with the INVIDI. We have no responsibility for the content or activities on those sites, and each third-party site likely has its own terms of use and/or privacy policy. We urge you to review the terms of use and privacy policy of third party sites before using those sites.

Linking to the Site

Other Internet sites may freely provide hypertext or “Hot Links” to the home page of the Site, provided that they are not “deep” links (i.e., links other than to the home page of the Site), and provided further that they are not “framed,” surrounded or obfuscated by other non-INVIDI content, materials or branding. We may insist that any link to the Site be discontinued, and revoke your right to link to the Site from any other website at any time upon written notice to you.

General

We may revise these terms at any time without notice. By continuing to access and use the Site, you consent to these policies. Your obligations may not be sublicensed or assigned without our prior permission. These policies constitute the entire agreement between us governing your access and use of our Site and all such information and material. If any provision of these policies is unenforceable, it shall be modified to provide INVIDI with the greatest protection possible. Your obligations to respect our intellectual property (trademarks, copyrights, Site) continue even after you stop using the Site or our materials. If you have violated or threatened to violate these policies, we may seek injunctive or other appropriate relief against you; this is in addition to any claims for damages that we may have. You agree to pay all of our costs of enforcement, including reasonable attorney fees.

Termination

INVIDI may terminate, change, suspend or discontinue any aspect of the Site at any time. INVIDI may restrict, suspend or terminate your access to the Site if we believe you are in breach of these Terms of Use or applicable law, or for any other reason without notice or liability.

Terms Governing International Use

We control and operate the Site from our offices in the United States of America. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. Any information collected through this Site will be transferred to and processed within the United States of America.

Governing Law, Miscellaneous

These Terms of Use and the relationship between you and INVIDI shall be governed by the laws of the State of Colorado, without regard to its conflict of law provisions. All parties to these Terms of Use waive their respective rights to a trial by jury. The failure of INVIDI to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect.