TERMS OF SERVICE
Rev: March 18, 2013
Welcome to Interpreter Intelligence, these Terms of Service are a legal agreement between you and No Good Software, Inc. (“NGS”, “Us”, “We” Our”) governing your use of the Interpreter Intelligence services and this website (collectively, “Interpreter Intelligence”).
Use of Service
To use Interpreter Intelligence, you will be asked to provide information about yourself to create an account, including your name, email address, password, and address information. You are solely responsible for maintaining the confidentiality of your account information and for any and all activity that occurs under your account. You agree to notify us of any unauthorized use of your account, or any other breach of security. You may be held liable for losses incurred by us or any other user to of Interpreter Intelligence due to the use of your account information by another person.
You may not use anyone else’s login information or account at any time without the express permission and consent of the holder of that login or account. We will not be liable for any loss or damage arising from your failure to comply with these obligations.
You may not: (i) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the website or Interpreter Intelligence systems; (ii) use any robot, spider, scraper or other automated means to access Interpreter Intelligence; (iii) transmit any information, file or software that contains a harmful software program including a virus, Trojan horse, worm, adware, spyware, keylogger or bot. Unless expressly authorized in writing by us, you agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes any portion of Interpreter Intelligence; (iv) “mirror” any Content contained on our website or any other server.
All texts, graphics, user or visual interfaces, trademarks, logos, artwork, photographs and computer code (“Content”) including but not limited to the design, structure, selection, coordination, expression, “look and feel” and the arrangement of such Content, contained on our website is owned controlled or licensed by us. All such Content is protected by trade dress, copyright, patent and trademark laws and various other intellectual property rights. Unless expressly permitted in an applicable agreement or on the Content itself, none of the Content may be copied, reproduced, distributed, displayed, posted, or transmitted in any form or by any means without our prior written permission.
You may save certain data on Interpreter Intelligence while using our website (“Your Data”). You agree that we have no responsibility or liability for the deletion or failure to store any of Your Data and other communications maintained or transmitted by Interpreter Intelligence. Upon the termination of your Interpreter Intelligence account, we will close your account and you will no longer be able to retrieve Your Data or other information from Interpreter Intelligence.
Interpreter Intelligence does not provide healthcare services or include services for transmitting protected health information. You shall be solely responsible for compliance with any confidentiality requirements relating to your transmission, posting or storage of any protected health information.
We reserve the right at any time and from time to time to modify, temporarily or permanently, Interpreter Intelligence service with or without notice. You agree that we shall not be liable to you or to any third party for any modification or suspension of Interpreter Intelligence services for service updates, repairs or enhancements.
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE INTERPRETER INTELLIGENCE AND ANY CONTENT TRANSMITTED BY OR THROUGH INTERPRETER INTELLIGENCE ARE PROVIDED “AS IS” AND “AS AVAILABLE” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. INTERPRETER INTELLIGENCE MAY BE SUBJECT TO INTERRUPTION, LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF INTERNET APPLICATIONS AND ELECTRONIC COMMUNICATIONS AND NGS IS NOT RESPONSIBLE FOR ANY SUCH DELAYS, MISDELIVERY, DELIVERY FAILURES, OR ANY OTHER DAMAGE RESULTING FROM EVENTS BEYOND INTERPRETER INTELLIGENCE’S REASONABLE CONTROL. YOU UNDERSTAND AND AGREE THAT ANY CONTENT OR DATA UPLOADED, DOWNLOADED OR OBTAINED THROUGH THE USE OF THE INTERPRETER INTELLIGENCE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE UPLOAD OR DOWNLOAD OF SUCH CONTENT OR OTHER MATERIAL.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, NGS, ITS SUPPLIERS, PARTNERS, LICENSORS AND ANY OF THEIR SUCCESSORS IN INTEREST SHALL NOT BE LIABLE TO YOU OR ANY USER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF: (i) THE USE OR THE INABILITY TO USE INTERPRETER INTELLIGENCE SERVICES; (ii) YOUR OR A USER’S USE, MISUSE, RELIANCE ON, UNAUTHORIZED ACCESS TO, OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (iii) ANY OTHER MATTER RELATING TO INTERPRETER INTELLIGENCE. YOUR EXCLUSIVE REMEDY AND NGS’S TOTAL AGGREGATE LIABILITY FOR ANY CLAIM UNDER THESE TERMS OF SERVICE OR INTERPRETER INTELLIGENCE SHALL BE LIMITED TO THE ACTUAL DIRECT DAMAGES INCURRED BY YOU UP TO THE AMOUNTS YOU PERSONALLY PAID DIRECTLY TO NGS FOR INTERPRETER INTELLIGENCE IN THE TWELVE MONTH PERIOD PRECEDING THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU.
Modification & Termination
We may in our sole discretion, modify or revise these Terms at any time and you agree that your subsequent use of Interpreter Intelligence Services after such amendments shall be deemed agreement to the amended terms.
We may in our sole discretion, and without prior notice, terminate this agreement or suspend your access to Interpreter Intelligence for any reason at any time. In the event your access to Interpreter Intelligence is granted under a license or service agreement to a third party (“Master License”), your access to Interpreter Intelligence may be terminated under the terms of the Master Licensee or at the request of the party to such Master License.
You agree that the Terms and the relationship between you and NGS shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and NGS agree that any action or proceeding arising from or relating to Interpreter Intelligence may only be brought in the State and Federal Courts located in San Francisco, California and you submit to the personal and exclusive jurisdiction of such venue. 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 Interpreter Intelligence services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Except as otherwise expressly provided in the Terms, the rights herein are personal to You, there shall be no third party beneficiaries to the Terms.
If any provision of the Terms 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 the Terms remain in full force and effect.
You may contact us or send notices to us at: firstname.lastname@example.org