The websites Intellivy.com and Intellivy.net (“Websites”) are operated by Intellivy, with its head office in the Netherlands (“Intellivy”, “we”, “us” and “our”). Intellivy hereby offers these Websites, including all information, tools and services available from these Websites to each user of the Websites (“you”, “your” or “User”) conditioned upon your acceptance of all terms, conditions, policies and notices herein. If you have any questions about these Terms of Service, do not hesitate to send your questions to [email protected]
By visiting one of our Websites and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service” or “Terms”). These Terms of Service apply to all Users of the Websites, including Users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our Websites. By accessing or using any part of these Websites, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of these Terms of Service, then you shall not access the Websites or use our Service.
All new features or tools that are added to the current store are subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, amend or replace any part of these Terms of Service by posting updates and/or changes to the Websites in a conspicuous manner. It is your responsibility to check the Websites periodically for changes, amendments or updates to these Terms. Your continued use of these Websites following the posting of any changes, amendments or updates constitutes acceptance of those changes.
SECTION 1 – ONLINE TERMS
By agreeing to these Terms of Service, you represent and warrant to Intellivy that you are (i) at least the age of majority in your state or province of residence; or (ii) are at least the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use our Websites.
You may not use our Service or Websites for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You shall not transmit any worms, viruses or any code of a destructive nature within the Service or the Websites.
A breach or violation of any of the Terms, the determination of which shall be made by Intellivy in its sole discretion, will result in an immediate termination of your access to the Websites and Service.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse to provide the Service or Websites to anyone for any reason at any time.
The content and information on these Websites and the Service, as well as the infrastructure used to provide both, is proprietary to us or our partners. You shall not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, data, software, products or services obtained from or through the Websites or Service.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
The Websites may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the Websites at any time, but we have no obligation to update any information on our Websites. You agree that it is your responsibility to monitor changes to our Websites as more fully set forth herein.
You acknowledge that there may be interruptions in the Websites and Service. While we use reasonable efforts to keep the Websites and Service accessible, the Websites and Service may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of our control, the Websites and Service access may be interrupted, suspended or terminated. Intellivy retains the right at our sole discretion to deny access to the Service or Websites to anyone or any account, at any time and for any reason.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices can vary from time to time. Please be aware that prices for our products and the Service are subject to change without notice.
We reserve the right at any time to modify or discontinue any product or the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Websites or Service.
SECTION 5 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right, but are not obligated, to limit the sales of our products or the Service to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We may, in our sole discretion, limit or cancel quantities purchased per-person, or per-order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail, billing address, and/or phone number provided at the time the order was made. We shall have the right, at all times and from time to time, to limit or prohibit any order that, in our sole and absolute discretion, appears to be placed by dealers, resellers, distributors or any individual or entity that we believe is circumventing or attempting to circumvent these Terms or any other Intellivy policy.
You agree to provide current, complete and accurate purchase and account information for all purchases made on our Websites.
SECTION 6 – OPTIONAL TOOLS
We may provide you with access to in-house and third-party tools, which tools we neither monitor nor control, such as the payment methods.
You acknowledge and agree that we provide access to such tools on an ”as is” and “as available” basis without any warranties or representations whatsoever and without any endorsement of such tools. We shall have no liability whatsoever arising from or relating to your use of any optional third-party tool.
Your use of any optional tool offered through the Websites is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which such tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the Websites (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 7 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on our Websites may direct you to third-party websites, with which we are not affiliated. We are not responsible for examining or evaluating the content or accuracy of any third-party website linked to our Websites and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties accessible through the Websites or Service.
We shall not be liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 8 – TERMS OF SERVICE COMPLIANCE
SECTION 9 – PRICING, SUBSCRIPTION COMMITMENT AND TERMS
You agree to pay all fees associated with using the Websites and Service. All fees shall be paid in United States Dollars, Euro’s or Great Britain Pounds. Payment may occur upon subscribing to receive the Service as well as being approved for any additional products provided by Intellivy. If any payment made by you fails or is disputed, then we reserve the right to cancel your subscription.
Intellivy does not store any of your credit card information, and your credit card information will not be shared with any company other than any third-party payment processor determined by Intellivy, which company shall be responsible for billing with respect to the Websites and Service.
Regarding pricing, Intellivy reserves the right to require specific pricing for any product or Service with respect to the Websites and Service. Any required price is subject to change without notice and shall be made at the discretion of Intellivy.
Intellivy occasionally offers certain discounts or other product promotions (hereinafter “Promotions”). Promotions include but are not limited to affiliate promotions and referral campaigns. These promotions are of a temporary nature, unless stated otherwise. By taking advantage of such promotions, you agree that these promotions are of limited duration and that promotions are no longer valid after the promotion has expired. This means, for example, that if you initially take advantage of a certain promotion and you decide that you no longer wish to use our service anymore later on, at that moment you will not be entitled to the same promotions anymore. In that case the normal prices will be applicable if you decide to use our services again at a later moment.
SECTION 10 – PRODUCT/BRAND DENIAL
Intellivy reserves the right to deny any User’s product submission at our sole discretion and without notice.
SECTION 11 – CONTENT AND LICENSE
You may post reviews, comments, photos, videos, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable. We reserve the right, but we are not obligated, to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Intellivy a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Intellivy and sublicensees the right to use the name that you submit in connection with such content, if they choose.
You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Intellivy for all claims resulting from content you supply. Intellivy has the right but not the obligation to monitor and edit or remove any activity or content. Intellivy takes no responsibility and assumes no liability for any content posted by you or any third party.
SECTION 12 – PERSONAL INFORMATION
SECTION 13 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Websites or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate, at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information with respect to the Websites, Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 14 – PROHIBITED USES
In addition to other prohibitions as set forth in these Terms of Service, you are prohibited from using the Websites or Service: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of Intellivy or of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Websites, Service or of any related website, other Websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Websites, Service or any related website, other Websites, or the Internet. We reserve the right to terminate your use of the Websites, Service or any related website for violating any of the prohibited uses.
SECTION 15 – LIMITATION OF LIABILITY
IN NO CASE SHALL INTELLIVY, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS, MEMBERS, MANAGERS OR LICENSORS, AS THE CASE MAY BE, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE WEBSITES OR SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITES OR SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
IN NO EVENT SHALL INTELLIVY’S LIABILITY IN CONNECTION WITH THE PROVISION OF THE WEBSITES OR SERVICE EXCEED THE AMOUNTS PAID BY SUCH USER FOR THE WEBSITES OR SERVICE. TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED THE AMOUNTS PAID, OR ONE HUNDRED DOLLARS ($100.00), WHICHEVER IS LESS.
SECTION 16 – INDEMNIFICATION
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS INTELLIVY AND OUR PARENT, SUBSIDIARIES, AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, AGENTS, CONTRACTORS, LICENSORS, SERVICE PROVIDERS, SUBCONTRACTORS, SUPPLIERS, MEMBERS, MANAGERS, INTERNS AND EMPLOYEES, AS THE CASE MAY BE, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, DUE TO OR ARISING OUT OF YOUR BREACH OF THESE TERMS OF SERVICE OR THE DOCUMENTS THEY INCORPORATE BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD-PARTY.
SECTION 17 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 18 – TERMINATION
These Terms of Service shall be effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Service, or when you cease using our Websites. Your obligations and liabilities with respect to the use of the Websites and Service incurred prior to the termination of your relationship with Intellivy shall survive the termination of these Terms of Services for all purposes.
If, in our sole and absolute discretion, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, then we shall have the right to terminate these Terms of Service at any time without notice, and (i) you shall remain liable for all amounts due up to and including the date of termination; and/or (ii) Intellivy shall have the right to deny you access to our Websites or Service (or any part thereof).
SECTION 19 – ENTIRE AGREEMENT | HEADINGS
Any failure by Intellivy to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
Unless expressly agreed otherwise in writing, these Terms of Service constitute the entire agreement and understanding between you and us and govern your use of the Websites and Service, and shall supersede any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 20 – GOVERNING LAW
These Terms of Service shall be governed by Dutch law.
You agree that any dispute between you and us regarding these Terms of Service and the Intellivy Websites and Features and our Services will only be dealt with by the Dutch court in Rotterdam, the Netherlands.
The United Nations Convention on Contracts for the International Sale of Goods (also known as the Vienna Convention) is expressly excluded.
SECTION 21 – Non-Disclosure Agreement
By using Websites or Service, you expressly hereby agree and acknowledge that Intellivy may, as an inherent part of the Service, disclose to you certain proprietary information of Intellivy, including promotional methods, methodologies, systems, products and other information (“Proprietary Information”), and you hereby agree to hold such Proprietary Information in strict confidence and that you shall not disclose any Proprietary Information in perpetuity.
SECTION 22 – Cancellation
Intellivy reserves the right to cancel or deny any scheduled launches at our sole discretion and without notice.
SECTION 23 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at [email protected]
If you want to receive the Terms of Service in PDF, please send an email to [email protected]
SECTION 24 – REFUND POLICY
Intellivy does not accept refund requests.
WE SHALL NOT BE RESPONSIBLE FOR INFORMATION MADE AVAILABLE ON OUR WEBSITES THAT IS NOT ACCURATE, COMPLETE OR CURRENT. THE INFORMATION AND MATERIAL ON THE WEBSITES ARE PROVIDED FOR GENERAL INFORMATION ONLY AND SHOULD NOT BE RELIED UPON OR USED AS THE EXCLUSIVE BASIS FOR MAKING DECISIONS. ANY RELIANCE ON INFORMATION, MATERIAL, SERVICES AND/OR RESULTS (SUCH AS POLLING RESULTS) OBTAINED FROM OUR WEBSITES IS DONE AT YOUR SOLE AND EXCLUSIVE RISK.
WE HEREBY DISCLAIM ANY LIABILITY THAT THE QUALITY OF ANY PRODUCTS, THE SERVICE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU WILL MEET YOUR EXPECTATIONS. ANY PAST RESULTS RECEIVED BY YOU WITH RESPECT TO THE WEBSITES OR SERVICE ARE NOT INDICATIVE OF FUTURE RESULTS. WHILE WE WILL DO EVERYTHING WE CAN TO PROVIDE YOU THE BEST SERVICE, THERE ARE A NUMBER OF FACTORS OUTSIDE OF OUR CONTROL.
WE SHALL NOT BE LIABLE FOR ANY HARM OR DAMAGES RELATED TO THE PURCHASE OR USE OF GOODS, SERVICES, RESOURCES, CONTENT, OR ANY OTHER TRANSACTIONS MADE IN CONNECTION WITH ANY THIRD-PARTY WEBSITES. PLEASE REVIEW CAREFULLY THE THIRD-PARTY’S POLICIES AND PRACTICES AND MAKE SURE YOU UNDERSTAND THEM BEFORE YOU ENGAGE IN ANY TRANSACTION. COMPLAINTS, CLAIMS, CONCERNS, OR QUESTIONS REGARDING THIRD-PARTY PRODUCTS SHOULD BE DIRECTED TO THE THIRD-PARTY
WE MAKE NO GUARANTEE, NOR DO WE REPRESENT OR WARRANT THAT YOUR USE OF OUR WEBSITES OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. EVERY EFFORT IS MADE TO KEEP THE WEBSITE UP AND RUNNING SMOOTHLY. HOWEVER, INTELLIVY TAKES NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE FOR, THE WEBSITE BEING TEMPORARILY UNAVAILABLE DUE TO TECHNICAL ISSUES BEYOND OUR CONTROL.