This Acceptable Use Policy (AUP) states the acceptable practices for use of the Intellor platform and the services provided. The Intellor website and service including, without limitation, all websites, subdomains, mobile applications and other interactive properties through which the service is delivered (collectively, the “Services”) are owned, operated and distributed by Intellor Group Inc. of 9298 Gaither Road, Gaithersburg, Maryland 20877 (referred to in this AUP as “Intellor” or “we” and through similar words such as “us,” “our,” etc.). When referring to the infrastructure for providing the Services under this Agreement, we will be collectively referring to them as the “Platform”. “You”, as we use this in this AUP, includes our client and any other users on the Platform, and also includes, the persons, entity or agents and authorized representatives utilizing the Services. In including all users, we are referencing all users of the Platform, including users who are our client and its employees, contractors, agents and guests, users who have registered and users who are simply viewing content available via the Service.
It is necessary to comply with this AUP, and each of the individual policies within it, to ensure that the Platform and Services can consistently and assuredly meet the standards of quality and high levels of service that are expected by the users of the Platform and Service. Each of the policies herein are designed to ensure that our Platform and Service are safe for you and meet your business’s purposes.
Because this document represents our agreement with you about your use of our Platform and the Services, please take the time to read this document. Because the rules related to use of a Platform like ours, and our Services, are in a state of continuing development, this AUP may change from time to time. Any such changes will be posted at this site, shall be applied thereafter, and your continued use of the Platform and the Services acknowledges that you will continue to abide by this AUP and its changes as implemented.
By using our Platform and our Services in any manner you are expressly agreeing to, and give your consent to be governed by, these policies. If you do not agree with them or you do not wish to be bound by them, you must not use or access the Platform and our Services.
We are not content providers generally and this AUP relates to the content from you and other users on the Platform and using the Services. We are not responsible for interactions between users on the Platform and with the Services with the exception of providing the technological means through which users may communicate, broadcast and otherwise make their content available. We are not liable for any disputes, claims, losses, injuries, or damage of any kind that may arise out of the relationships between users, including but not limited to, any user’s reliance upon any information provided by another user at any time. It is not our intent to control or monitor your online use or the content of your online communications. However, we will respond to complaints including those from governmental authorities, affected parties and other Internet Service Providers, and we may therefore block transmission of content that we deem in our commercially reasonable judgment to be in violation of this AUP or that we otherwise deem unlawful, harmful or offensive. This AUP applies to all aspects of the Service.
This AUP is also designed to assist in protecting the Platform, the Service, and our users generally, and the Internet community as a whole, from improper and/or illegal activity over the Internet. In situations where data communications are carried across the networks of other Internet Service providers (ISPs), users of the Platform and the Services must also conform to the applicable acceptable use policies of such other ISPs.
User Content and Guidelines
You agree that you will not upload, post or otherwise transmit any content which:
- violates or infringes in any way upon the rights of others, including any statements which may defame, harass, stalk or threaten others;
- you know to be fraudulent, false, misleading or inaccurate;
- contains expressions of bigotry, racism, racially or ethnically offensive content, hate speech, abusiveness, vulgarity or profanity;
- contains or advocates pornography or sexually explicit content, including without limitation pedophilia, incest, bestiality, or that is otherwise obscene or lewd;
- violates any law or advocates or provides instruction on dangerous, illegal, or predatory acts, or discusses illegal activities with the intent to commit them;
- poses a reasonable threat to personal or public safety;
- advocates violent behavior;
- contains violent images of killing or physical abuse that appear to have been captured solely, or principally, for exploitative, prurient, or gratuitous purposes;
- is protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express permission of the owner of such copyright, trademark, trade secret, right of publicity or other proprietary right. The burden of determining that any content is not protected by copyright, trademark, trade secret, right of publicity or other proprietary right rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, trade secrets, rights of publicity or other proprietary rights or any other harm resulting from such a submission. Any person determined by us, in our sole discretion, to have violated the intellectual property or other rights of others shall be barred from submitting or posting any further material on the Platform or with use of the Services;
- contains any unsolicited or unauthorized advertising or promotional materials with respect to products or services, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation;
- contains a virus or other harmful or disruptive component; or
- uses the name or likeness of an identifiable natural person without such person’s consent.
Any conduct that we, in our sole discretion, believe restricts or inhibits anyone else from using or enjoying the Services and the Platform for intended purposes will not be permitted.
We reserve the right in our sole discretion to remove or edit content submitted by you.
While stated above, to be very clear, do not use the Platform or Services for any unlawful activities or in connection with any criminal or civil violation. The Services shall in all cases be used in compliance with applicable law. Use of the Internet Service for transmission, distribution, retrieval, or storage of any information, data or other material in violation of any applicable federal, state, local, or international law or regulation (including, where applicable, any tariff or treaty) is prohibited. This includes the transmission of any material that constitutes, without limitation, an illegal threat, violates export control laws, or is obscene, defamatory or otherwise unlawful (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
Be Civil: We are an open Platform and Service allowing myriad subject matters to be discussed. Not all content is for everyone. But we must all agree that when we use the Platform and Service we are going to be civil and respectful at all times. Despite stating this however, it is certainly likely that you may be exposed to content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with people acting under false pretense. By using the Platform and Services, you assume all associated risks.
We have the right, but not the obligation, to monitor content in the Platform and with use of the Services to determine compliance with this AUP and any operating rules established by us and to satisfy any law, regulation or authorized government request. Although we have no obligation to monitor, screen, edit or remove any of the content transmitted, posted or uploaded, we reserve the right, and have absolute discretion, to screen, edit, refuse to post or remove without notice any content transmitted, posted or uploaded at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any content posted to the Platform or within the Services at your sole cost and expense. The decision by us to monitor and/or modify content does not constitute nor shall it be deemed to constitute any responsibility or liability in any manner on our part in connection with or arising from your use of the Platform and Services.
Limitations of Platform and Services
Although we strive for accuracy in all elements of the Platform and Services and inclusive of all material therein, it may contain inaccuracies or typographical errors. Additionally, while users are bound by this AUP not to submit the array of materials discussed above, including false material, we cannot be responsible for the violation of these policies or this AUP by users, or for the reliance by users upon material submitted by other users, including false or misleading material. We make no representations about the accuracy, reliability, validity, completeness, or timeliness of the material on this Platform and in the Services or about the results to be obtained from using them or from relying on material from them. You use the Platform, Services and the material from them at your own risk. The site material may not always be the most current source of information, and we disclaim any duty to update this site material, and also disclaim liability for any failure to update this Platform, the Services or the material from them.
Disclaimer of Warranty
WE DO NOT WARRANT THAT THE PLATFORM OR THE SERVICES WILL OPERATE ERROR-FREE OR UNINTERRUPTED OR THAT THE PLATFORM OR THE SERVICES, OR THE SERVERS THAT OPERATE THEM, ARE FREE OF COMPUTER VIRUSES, WORMS OR OTHER HARMFUL MATERIAL. YOU EXPRESSLY AGREE THAT USE OF THE PLATFORM AND THE SERVICES ARE AT YOUR SOLE RISK. IF YOUR USE OF THE PLATFORM OR THE SERVICES OR THE MATERIAL FROM THEM RESULTS IN ANY COSTS OR EXPENSES, INCLUDING, WITHOUT LIMITATION, THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE FOR THOSE COSTS OR EXPENSES.
THIS PLATFORM AND THE SERVICES AND THE MATERIAL FROM THEM ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW. OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AUP, WE DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. ALTHOUGH WE STRIVE TO PROVIDE THOROUGH AND ACCURATE MATERIALS, WE MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, INFORMATION, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
Limitation of Liability; Disclaimer of Damages
By accessing the Platform and the Services, you acknowledge and agree to our disclaimer of any and all liability of any kind for any unauthorized access to or use of your personally identifiable information. If you do not agree, you should not access or use the Platform or the Services.
FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL WE OR ANY THIRD PARTIES MENTIONED ON THE SITE BE LIABLE FOR TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER AND/OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION OR FOR ANY FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE MATERIAL PROVIDED IN THE PLATFORM AND THE SERVICES OR IN SITES LINKED TO THE PLATFORM OR THE SERVICES OR ANY ALLEGED FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, OR DELAY IN SERVICE, OPERATION, OR TRANSMISSION OF THE PLATFORM AND THE SERVICES, OR ANY ALLEGED COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF PROPERTY, AND/OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF OR POSTING OF ANY CONTENT, OR TECHNOLOGY, PERTAINING TO OR ON THE PLATFORM AND THE SERVICES, BASED ON ANY CAUSES OF ACTION INCLUDING WITHOUT LIMITATION WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR ANY ACTUAL OR ALLEGED DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OF THE PLATFORM AND THE SERVICES OR ANY OTHER THIRD PARTIES.
IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
If you violate these policies or this AUP in a way that causes harm to others, you agree to hold us harmless against any liability for that harm. By using this Platform and the Services, you agree to defend, indemnify, and hold harmless us, our officers, directors, employees and agents from and against any and all losses, claims, damages, costs and expenses (including reasonable legal and accounting fees) that we may become obligated to pay arising or resulting from your use of the Platform and the Services and the materials from them or your breach of this AUP. We reserve the right to assume or participate, at your expense, in the investigation, settlement and defense of any such action or claim. In such event, you shall provide us with such cooperation as is reasonably requested by us.
Your obligations under this section and the sections called “User Content and Guidelines”, “Limitation of Liability”, “Disclaimer of Warranties”, “Disclaimer of Damages”, “Indemnity” and “Miscellaneous Terms” will survive termination of this AUP or any relationship between you and us.
This AUP and the provisions within it are for our benefit and for the benefit of our third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
If any provision herein is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect. No waiver of any of these terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
This AUP shall be governed by, and construed in accordance with, the laws of the State of Maryland without giving any force or effect to the provisions of any conflict of law rule thereof. If the parties are unable to resolve any dispute arising under this Agreement or their underlying business relationship, including, but not limited to, Intellor’s provision of the Services or related license rights, termination, non-payment, or any related contract, tort, or statutory claim, then such dispute shall be submitted to a federal or state court of competent jurisdiction sitting in Maryland. You further agree and consent to the exercise of personal jurisdiction in these courts in connection with any dispute involving us and our employees, officers, directors, agents, or suppliers and waive any claim that any legal proceeding (including, without limitation, any tort claim) brought in accordance with this clause has been brought in an inconvenient forum or that the venue of that proceeding is improper. Client further agrees that the Services shall be deemed a passive interactive service based solely in Maryland and shall not give rise to personal jurisdiction over Intellor, either specific or general, in jurisdictions other than Maryland. Any cause of action or claim you may have with respect to any of the foregoing matters must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.
Except as written in any other disclaimers, policies, or other notices on this Platform and in the Services and your Master Agreement with us, this AUP is the complete agreement between you and us with respect to your use of this Platform and the Services and with respect to the subject matter hereof.
Notice for California Residents
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Platform or the Services, please send an email to [email protected]. You may also contact us by writing to “Legal Department” at the full address below. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services by mail at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210. Please be sure to identify the specific website, software, or service about which you have a question or complaint and how we can contact you.
Questions, Comments, and Notices
We may deliver notice to you by electronic mail, a general notice on this Web site, or by written communication delivered by First Class U.S. Mail to your address on record with us or in any other way which you provide and for which you have given consent.
You may deliver notice to us at:
Intellor Group, Inc.
c/o Richard A. Rist, President
9238 Gaither Road
Gaithersburg, MD 20877