USER AGREEMENT AND TERMS FOR USE
You agree that by checking on "I AGREE WITH TERMS AND CONDITIONS" to be bound by the terms of this Agreement and hereby notified that your continued use of a Market Visual is subject to all terms and conditions of this Agreement. If you do not agree to be bound by the terms of this Agreement, you should not use Market Visual Site and Knowledge Map and you should not check "I AGREE WITH TERMS AND CONDITIONS".
Fees and Payments. You agree to pay fees to access Knowledge Map (through Market Visual Site - www.marketvisual.com) and any other charges (if any) incurred in connection with your access to Market Visual Site and Knowledge Map as stated in the Knowledge Map Order Form. Unless we state in writing otherwise, all fees and charges are nonrefundable. We may change the fees and charges in effect, or add new fees or charges any time without any advance notification. You are responsible for any fees or charges incurred to access Knowledge Map through an Internet access provider or other third-party service. If you believe someone has accessed Knowledge Map using your user name and credit card to pay fees associated with accessing Knowledge Map through Market Visual Site and without your authorization, you must contact us immediately by sending email to email@example.com and follow the procedures outlined in our reply. IntellectSpace Corporation uses a third party to process your credit card information. YOU ACKNOWLEDGE AND AGREE THAT INTELLECTSPACE CORPORATION IS NOT LIABLE UNDER ANY CIRCUMSTANCES AND WITHOUT ANY LIMITATIONS FOR AN UNAUTHORISED USE OF YOUR CREDIT CARD BY ANY INDIVIDUAL AND/OR ANY TYPE OF POSSIBLE FRAUDS RELATED TO THE USAGE OF YOUR PERSONAL AND CREDIT CARD INFORMATION. You acknowledge and agree that in a case of lawsuit you are responsible for any direct, consequential and punitive damages as well as both parties’ expenses, including but not limited to legal costs, attorneys' fees, court costs, and collection agency fees.
(i) Ownership. You acknowledge and agree that IntellectSpace has all right, title, and interest in and to the Market Visual Site and Knowledge Map, including, without limitation, all ownership and intellectual property rights (including, without limitation, patent rights, copyright rights, trademark rights, trade secret rights, rights of publicity, rights of privacy, sui generis database rights, moral rights, and other intellectual property or proprietary rights) everywhere in the world. You further acknowledge and agree that the Market Visual and Knowledge Map is and shall remain the sole and exclusive property of IntellectSpace.
(ii) IntellectSpace Marks. You acknowledge and agree that IntellectSpace is the sole owner of, and retains all right, title, and interest in and to, the trademarks, insignia, trade names, logos, and service marks ("IntellectSpace Marks") used in connection with Market Visual Site and Knowledge Map, and that, except as specifically set forth herein, nothing contained in this Agreement grants you the right to use any IntellectSpace Mark.
(iv) Copyright Rights and Limitation of Use. You acknowledge that Market Visual Site and Knowledge Map that include IntellectSpace Marks and text, graphics, images, video, design, organization, compilation, look and feel, advertising and all other protectable intellectual property available through Market Visual Site and Knowledge Map are the property of IntellectSpace Corporation or of its advertisers and information providers and are protected by copyright law. You agree not to incorporate such protected intellectual property in any documents, web sites; reprint, assembly, disassembly, distribute, or retransmit, sell, publish, or otherwise provide access to Knowledge Map except for your internal use. You acknowledge that it is strictly prohibited to reverse-engineer, or decompile any computer software component of the Knowledge Map, or use, copy, distribute, modify, download or otherwise extract the Knowledge Map or any portion thereof by means of electronic agents, computer programs, screen scraping technologies, or any other method. You agree not to create abstracts from, scrape or display headlines from our Knowledge Map for use on another web site or service. You agree not to post any Knowledge Map or portion thereof to web blogs, newsgroups, mail lists or electronic bulletin boards. You may occasionally distribute a copy of Knowledge Map, or a portion of it to a few individuals without charge, provided you include all copyright and other proprietary rights notices in the same form in which the notices appear in the Market Visual Site and Knowledge Map original source attribution, and the phrase "Used with permission from Market Visual". Only one individual may access Market Visual Site and Knowledge Map using the same user name and email address. You may occasionally email Knowledge Map to a few individuals, without charge. You are not permitted to use Market Visual Site and Knowledge Map for the purpose of regularly providing other users with access to its content from. Except as specifically set forth herein, you may not use Market Visual Site and Knowledge Map in any fashion that infringes IntellectSpace’ copyright or proprietary interests therein. We reserve the right to terminate or restrict your access to a Market Visual Site and Knowledge Map if, in our opinion, your use of Market Visual Site and Knowledge Map may violate any laws, regulations or rulings, infringe upon another person's rights or violate the terms of this Agreement. IntellectSpace corporation reserves the right terminate your access to Market Visual Site and Knowledge Map at any time without any explanation and for any reason.
Protection of Data. IntellectSpace reserves the right to monitor your use of the Market Visual Site and Knowledge Map to ensure compliance with the terms hereof and to collect statistical information.
Third Party Web Sites, Services and Software. We may link to, or promote web sites or services from other companies or offer you the ability to download any type of information, software, and applications from other companies. You agree that we are not responsible for, and do not control, those web sites, services, software and content.
DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY. YOU AGREE THAT YOUR ACCESS TO, AND USE OF, MARKET VISUAL SITE AND KNOWLEDGE MAP IS ON AN "AS-IS", "AS AVAILABLE" BASIS AND WE SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. We do not give investment advice, or hiring or termination advice, or advocate the purchase or sale of any security or investment. You should always seek the assistance of a professional for any investment, legal or employment advice. INTELLECTSPACE CORPORATION, ITS SHAREHOLDERS, DIRECTORS, OFFICERS, ADVISORS, EMPLOYEES AND LICENSORS ("INTELLECTSPACE PARTIES") WILL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR ACCESS MARKET VISUAL SITE OR USE OF KNOWLEDGE MAP FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS AND LOST REVENUES (COLLECTIVELY, THE "EXCLUDED DAMAGES"), WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF THE INTELLECTSPACE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND REGARDLESS OF THE LIMITATIONS OF AVAILABLE LEGAL AND EQUITABLE REMEDIES. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE INTELLECTSPACE PARTIES' LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.
Performance Standards. YOU AGREE THAT DUE TO THE INHERENT UNRELIABILITY OF THE INTERNET, COMPUTERS, AND OTHER TCP/IP-ENABLED NETWORK CONNECTIONS PROVIDED BY INTERNET SERVICE PROVIDERS, INTELLECTSPACE, ITS AFFILIATES, AND INFORMATION PROVIDERS SHALL HAVE NO LIABILITY TO USERS OR ANY THIRD PARTY FOR ANY LOSS, EXPENSE, OR DAMAGES RELATING TO REDUCED PERFORMANCE, ACCURACY, INTERRUPTION, AVAILABILITY OR TERMINATION OF THE INTELLECTSPACE SERVICES. YOU AGREE TO HOLD INTELLECTSPACE, ITS AFFILIATES, AND INFORMATION PROVIDERS HARMLESS FROM AND AGAINST SUCH LOSS, EXPENSE, OR DAMAGES BASED UPON ANY THIRD PARTY CLAIMS.
General. This Agreement contains the final and entire agreement between us regarding your use of the Visual Market Site and Knowledge Map and supersedes all previous and contemporaneous oral or written agreements regarding your use of the Visual Market Site and Knowledge Map. We may discontinue or change Visual Market Site and Knowledge Map, or their availability to you, at any time. This Agreement is personal to you, which means that you may not assign your rights or obligations under this Agreement to anyone. No third party is a beneficiary of this Agreement. You agree that this Agreement, as well as any and all claims arising from this Agreement will be governed by and construed in accordance with the laws of the State of Washington, United States of America applicable to contracts made entirely within and wholly performed in kING County, Washington, without regard to any conflict or choice of law principles. The sole jurisdiction and venue for any litigation arising out of this Agreement will be an appropriate federal or state court located in King County, Washington. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
For further information, please contact IntellectSpace at info@IntellectSpace.com.