This website (this “Site”) is operated by Market Intelligence Systems (MIS) B.V., a company located in The Netherlands (“Intellivy”, “we”, “us” and “our”). Intellivy hereby offers this Site, including all information, tools and services available from this Site to each user of the Site (“you”, “your” or “User”) conditioned upon your acceptance of all terms, conditions, policies and notices herein.
By visiting our Site 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 Site, including without limitation Users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our Site. By accessing or using any part of the Site, 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 Site or use our Service.
All new features or tools that are added to the current store shall also be 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 Site in a conspicuous manner. It is your responsibility to check the Site periodically for changes, amendments or updates to these Terms. Your continued use of the Site following the posting of any changes, amendments or updates constitutes acceptance of those changes.
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 this Site.
You may not use our Service or the Site 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 Site.
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 Site and Service.
We reserve the right to refuse to provide the Service or Site to anyone for any reason at any time.
You understand and acknowledge that any content that you provide to Intellivy (except credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information will not be accepted or stored.
The content and information on this Site and the Service, as well as the infrastructure used to provide both, is proprietary to us or our partners. You shall not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products or services obtained from or through the Site or Service.
We shall not be responsible for information made available on this Site that is not accurate, complete or current. The information and material on this Site is provided for general information only and should not be relied upon or used as the exclusive basis for making decisions. Any reliance on information and/or material on this Site is done at your sole and exclusive risk.
This Site 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 this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site as more fully set forth herein.
You acknowledge that there may be interruptions in the Site and Service. While we use reasonable efforts to keep the Site and Service accessible, the Site 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 Site and Service access may be interrupted, suspended or terminated. Intellivy retains the right at our sole discretion to deny access to the Service or Site to anyone or any account, at any time and for any reason.
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 Site or Service.
Certain products or services may be available exclusively online through the Site. These products or services may have limited quantities.
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 reserve the right to limit the quantity of any products or the Service that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at our sole discretion. Any offer for any product or the Service made on this Site is void where prohibited.
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, and we make no representation or warranty that any errors in the Site or Service will be corrected.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per-person, per-household 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 Site.
We may provide you with access to in-house and third-party tools, which tools we neither monitor nor control.
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 Site 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 Site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this Site 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 Site 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 Site 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.
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 Site and Service.
By subscribing to parts of the Service, you are agreeing to remain subscribed for the entire term of the initial subscription, which is specified per-package when signing up to receive the Service. By signing up to receive the Service, the User is committing to paying the pre-determined subscription fee each month during the entirety of the subscription term. The subscription fee shall be due at the beginning of each billing period, which shall begin on the date of subscription. Intellivy shall determine, in its sole and exclusive discretion, whether a User’s circumstances are appropriate for being granted the ability to terminate the subscription early.
Intellivy reserves the right to deny any User’s product submission at our sole discretion and without notice.
Intellivy reserves the right to require specific pricing for any product or campaign with respect to the Site and Service. Any required price is subject to change without notice and shall be made at the discretion of Intellivy.
If (i) at our request, you send certain specific submissions (for example contest entries); or (ii) without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any form or medium any Comments that you forward to us. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments.
We may, but shall have no obligation to, monitor, edit or remove Comments or other content submitted by any User that we determine, in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or that violate any party’s intellectual property or these Terms of Service.
You agree that your Comments shall not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Comments shall not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site, Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Comments. You are solely responsible for any Comments you make, including their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third-party with respect to the Site or Service.
Occasionally there may be information on our Site 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 Site, 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.
In addition to other prohibitions as set forth in these Terms of Service, you are prohibited from using the Site 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 Site, 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 Site, Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Site, Service or any related website for violating any of the prohibited uses.
We make no guarantee, nor do we represent or warrant that your use of our Site or Service will be uninterrupted, timely, secure or error-free.
We make no guarantee that the results that may be obtained from the use of the Site or Service will be accurate or reliable.
You agree that from time to time we may remove the Site or Service for indefinite periods of time or cancel the Site or Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Site or Service is at your sole risk. The Site, Service and all products and services delivered to you through the Site or Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
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 Site or Service or any content (or product) posted, transmitted, or otherwise made available via the Site 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 Site or Service exceed the amounts paid by such User for the Site or Service. Total aggregate liability arising out of or related to these Terms shall not exceed the amounts paid, or One Hundred and 00/100 Dollars ($100.00), whichever is less.
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.
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.
Your obligations and liabilities with respect to the use of the Site and Service incurred prior to the termination of your relationship with Intellivy shall survive the termination of these Terms of Services for all purposes.
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 Site.
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 Site or Service (or any part thereof).
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.
These Terms of Service constitute the entire agreement and understanding between you and us and govern your use of the Site 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.
These Terms of Service shall be governed by and construed in accordance with the laws of the Netherlands.
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Site in a clear and conspicuous manner. It is your responsibility to check our Site periodically for changes. Your continued use of or access to our Site or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
By using Site 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.
You agree to pay all fees associated with using the Site 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. In the event that any payment made by you fails or is disputed, then we reserve the right to cancel your subscription.
Intellivy reserves the right to cancel or deny any scheduled launches at our sole discretion and without notice.
Questions about the Terms of Service should be sent to us at [email protected]
Intellivy does not accept refund requests.
Any past results received by you with respect to the Site or Service are not indicative of future results. While we will do everything in our power to get you incredible results, there are a number of factors outside of our control. We stand by our Service and intend on delivering the best results possible for your product and brand.