Terms of Use
THESE TERMS AND CONDITIONS (“TERMS OF USE”) STATE IMPORTANT REQUIREMENTS
REGARDING YOUR USE OF INTELLI ATLAS WEBSITE AND INTELLI ATLAS COMPUTER SUPPORT
SERVICE AND YOUR RELATIONSHIP WITH INTELLI ATLAS. YOU SHOULD READ THEM CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION AND INSTRUCTIONS SUCH AS HOW LONG IT LASTS, FEES FOR EARLY TERMINATION, OUR RIGHTS TO CHANGE ITS CONDITIONS, LIMITATIONS OF LIABILITY, PRIVACY, SETTLEMENT OF DISPUTES BY ARBITRATION INSTEAD OF IN COURT AND CLASS ACTION WAIVER.
IF YOU ACCEPT THIS AGREEMENT, IT WILL APPLY TO ALL YOUR SERVICE PLANS FROM US, INCLUDING ALL YOUR EXISTING PLANS. YOUR ACCEPTANCE OF THESE TERMS & CONDITIONS WILL BE IMPLIED BY THE USE OF THE INTELLI ATLAS SERVICE.
“AGREEMENT”
THESE TERMS AND CONDITIONS,
TOGETHER WITH EACH ACCEPTED PLAN ORDER
SUBMITTED BY YOU, ANY ADDITIONAL TERMS MENTIONED FOR YOUR PLAN ORDER
AND
THE PRIVACY POLICY, STATE THE ENTIRE AGREEMENT BETWEEN YOU AND
INTELLI ATLAS
(THE “AGREEMENT”). The Plan Order will form the part of the “Agree
ment” only if it has
been acknowledged by
Intelli Atlas
in writing or by an e
mail. You must agree to the Terms
and
Conditions
in order to be eligible to use the
Intelli Atlas
Websites (defined below), or
obtain
Intelli Atlas
Services (defined
below).
DEF
INITIONS
Certain terms defined in these Terms and Conditions are also used in the Privacy Policy and
are
incorporated by reference to these Terms and Conditions.
“Content”
Software, Materials, Services and other related information are collectively refe
rred to as
“Content.”
“You” or “you”
“You” means you individually, any person, including any employer that you are acting on
behalf of.
Intelli Atlas
Certified Technician/(s)”
Intelli Atlas
Certified Technician means” technicians and specialists cer
tified by
Intelli Atlas
to perform the
Services under this Agreement.
“Subscription Based Plans”
“Subscription Based Plans” or “Subscription/(s)” are tenured Subscription plans offered by
Intelli Atlas
that
are active for a specified period and will not
include any incident based
plans such as “Per Incident Plan”
or the like.
“Services”
All references to “Services” refer to any
Intelli Atlas
service delivered under the plan that
you enter into with
Intelli Atlas
through use of the
Intelli Atlas
Websites
(defined below) or
by calling the
Intelli Atlas
phone
number mentioned on the
Intelli Atlas
Websites. These
Terms of Use govern all plans available through the
Intelli Atlas
Website, and any use of the
Intelli Atlas
Websites. In the event of any conflict
these Terms of
Use control any valid Plan
Order form that you submit requesting Services (“Plan Order”).
and or any other
owned, operated, licensed or controlled by
Intelli Atlas, Inc.
“Materials”
“Materials” means any web casts, download areas, white papers, press releases, datasheets,
FAQs,
product information, quick reference guides, or other works of any kind that are
m
ade available to
download from the
Intelli Atlas
W
ebsites are the proprietary and
copyrighted work of
Intelli Atlas
and/or its
suppliers. The definition of “Materials” does not
include the design or
layout of the
web site
or any other
Intelli Atlas
owned,
operated, licensed or controlled website.
“Software”
“Software” means a computer program of any kind, whether owned by
Intelli Atlas
or a
third party, whether
delivered via downloa
d, CD, other media, or other delivery method,
include, but are not limited to technical support, Websites, training, music,
gaming and
storage services that
Intelli
Atlas
may elect to make available from time to time. Violation of
such third party provider’s terms of service may, in
Intelli Atlas
sole discretion, result in the
termination of
your customer account and use of service.
Limited Service Warranty
INTELLI
ATLAS INC.
DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED AS TO THE SERVICES,
THE
MATERIALS AND THE SOFTWARE WHETHER IN THE NATURE OF MERTCHANTABILITY
OR
FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE. IN THE EVENT THAT YOU
ARE NOT
SATISFIED WITH THE SERVICES
, YOUR SOLE REMEDY IS TO (A) ALLOW
INTELLI ATLAS
TO
REPERFORM THE SERVICES SUBJECT TO DISPUTE, (B) RE
DOWNLOAD AND
REINSTALL THE
SOFTWARE.
SOME OF THE
INTELLI ATLAS
SERVICE PLANS COME WITH A 7
DAY LIMITED SERVICE
WARRANTY AS PROVIDED IN ONLINE DOCUMENTAT
ION FOR THOSE SPECIFIC PLANS.
THIS 7
DAY LIMITED SERVICE WARRANTY IS SUBJECT TO FULFILLMENT OF THE TERMS
FOR THE
SPECIFIC SERVICE PLAN WHICH IS IN ADDITION TO THE TERMS AND
CONDITIONS IN THIS
DOCUMENT
INTELLI ATLAS
AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE
SUITABILITY OF THE INFORMATION CONTAINED IN THE SERVICES, MATERIALS OR THE
SOFTWARE FOR ANY PURPOSE WHATSOEVER. ALL MATERIALS AND SOFTWARE ARE
PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND WHATSOEVER.
INTELLI ATLAS
AND/OR ITS RES
PECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND
WHETHER EXPRESS OR IMPLIED WITH REGARD TO THIS INFORMATION, INCLUDING ALL
WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED
OR
STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TI
TLE AND NONINFRINGEMENT.
THE MATERIALS COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL
ERRORS.
CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.
INTELLI ATLAS
AND/OR
ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR
CHANGES IN THE
MATERI
ALS AND/OR THE SOFTWARE DESCRIBED HEREIN AT ANY
TIME.
IN NO EVENT SHALL
INTELLI ATLAS
AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY
SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER
RESULTING FROM LOSS OF USE, DATA REVENUE OR PROFIT
S, WHETHER IN AN ACTION
OF
CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, INCURRED BY YOU OR ANY
THIRD
PARTY, WHETHER ARISING OUT OF OR IN CONNECTION WITH THE USE OR
PERFORMANCE
OF SERVICES, MATERIALS OR SOFTWARE, FAILURE TO PROVIDE THE
SAME, OR
INFORMATIO
N AVAILABLE IN THE MATERIALS.
Limitation of Liability
Notwithstanding anything to the contrary in no event shall
Intelli Atlas
be liable to you in
excess of the
amounts actually paid by you to
Intelli Atlas
under the Plan Order that is the
subject of the
dispute.
Limitations on Actions
Any cause of action by you must be commenced within 3 months after the cause of action
arose or it shall
be forever waived and barred.
Term and Termination
Intelli Atlas
at its sole election may terminate or suspend you
r Service immediately without
notice if, in the
sole discretion of
Intelli Atlas
: (a) you are in breach of any of the Terms and
Conditions (including but not
limited to all policies regarding abuse and acceptable use of
the Service) or any license for Thi
rd Party
Software; (b) your use of the Service is prohibited
by law or is disruptive to, adversely impacts or causes
a malfunction to the Service,
Intelli
Atlas
network, or the use and enjoyment of
Intelli Atlas
other users; (c)
Intelli Atlas
receives
an o
rder from a court to terminate the Service you are availing ; (d) if
Intelli Atlas
for any
reason ceases to offer the Service; (e) if you are no longer a
Intelli Atlas
customer, or (f)
Intelli Atlas
determines that you are abusing the Service.
Intelli Atla
s
, in its sole discretion,
may refuse to accept your
request for the Service, renewal or re
subscription following a
termination or suspension of your use of
the Service.
Severability; Waiver
If any provision of the Terms of Service be held invalid or un
enforceable, that portion shall
be enforced to
the maximum extent possible, and all other provisions contained in the
Terms of Service shall remain in
full force and effect.
Intelli Atlas
failure to enforce any
provision of the Terms of Service shall not b
e
deemed a waiver of such provision nor of the
right to enforce such provision.
No Offer
The
Intelli Atlas
Websites is available internationally and may contain references to
Intelli
Atlas
products,
services, and programs that are not available in a vie
wer’s country. These
references do not imply that
Intelli Atlas
intends to make such products, services, or
programs available in such country.
Modification
Intelli Atlas
reserves the right to amend the Terms and Condition, and the
Intelli Atlas
Websites
at any time by
(a) posting a revised version of the Terms and Conditions on the
Intelli Atlas
Websites , or by (b) sending information
regarding any amendment to the
Terms of Service to the email address you provide
to
Intelli
Atlas
in connection with registration. You are
responsible for regularly reviewing the
Intelli
Atlas
website to be notified of any amendments to the Terms
and Conditions.
ARBITRATION AND CLASS ACTION WAIVER
Arbitration
The Terms will be gover
ned by the laws of the State of Connecticut, United States of
America. The
Terms are the entire agreement between You and
Intelli Atlas
relating to the
Services and : (i) supersede all
prior or contemporaneous oral or written communications,
proposals, and
representations with respect to
its subject matter; and (ii) prevail over any
conflicting or additional terms of any quote, order,
acknowledgment, or similar
communications between the parties. The Terms shall terminate immediately
upon
y
our
breach of any
term contained herein and You shall cease use of the Services. The disclaimers
of warranties and damages and limitations on liability set forth in the Terms shall survive
termination. Before you take a dispute to arbitration or to small claims court, you
must first
contact us by writing us
and describing (a) the nature and basis of the Claim or dispute; and
(b) the specific relief sought
(“Demand”) and give us an opportunity to resolve the dispute.
Class Action Waiver
The Parties hereby expressly agree t
hat any Claim must be brought in the respective party’s
individual
capacity, and not as a plaintiff or class member in any purported class, collective,
representative, multiple
plaintiff, or similar proceeding (“Class Action”). The parties
expressly waive
any ability to maintain any
Class Action in any forum. The arbitrator shall
not have authority to combine or aggregate similar claims
or conduct any Class Action nor
make an award to any person or entity not a party to the arbitration. Any
claim that all o
r
part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may
be determined only by a court of competent jurisdiction and not by an arbitrator. THE
PARTIES
UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A
COURT
, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE AND TO BE PARTY TO A CLASS
OR
REPRESENTATIVE ACTION. HOWEVER, THEY UNDERSTAND AND CHOOSE TO HAVE
ANY
CLAIMS DECIDED INDIVIDUALLY, THROUGH ARBITRATION. THE LAWS OF THE
STATE OF NEW
YORK SHALL GOVERN THIS AGREEMENT