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Terms and Conditions.
The terms that govern use of the Intelligent Handshake website.
Please read these terms and conditions carefully before using Our Website.
Interpretation and Definitions
Interpretation Capitalized words have meanings defined below. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions For the purposes of these Terms and Conditions:
Affiliate means an entity that controls, is controlled by, or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) means Intelligent Handshake, Inc., a Delaware corporation.
Device means any device that can access the Website such as a computer, a cellphone or a tablet.
Terms and Conditions (also referred as “Terms”) means these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Website.
Third-Party Website means any Websites or content (including data, information, products) provided by a third-party that may be displayed, included or made available by or through the Website.
Website means www.intelligenthandshake.com
You means the individual accessing or using the Website, or the company or other legal entity on behalf of which such individual is accessing or using the Website, as applicable.
Acknowledgment
These are the Terms and Conditions governing Your use of this Website and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Website.
Your access to and use of the Website is conditioned on Your acceptance of, and compliance with, these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Website.
By accessing or using the Website, You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Website.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Website.
Your access to and use of the Website is also conditioned on Your acceptance of, and compliance with, the terms of Our Privacy Policy. Our Privacy Policy describes Our policies and procedures regarding the collection, use and disclosure of Your personal information when You use the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using the Website.
Intellectual Property
The Website and its original content (excluding content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.
The Website is protected by copyright, trademark, and other laws of both the United States and foreign countries.
Our trademarks and trade dress may not be used in connection with any product, service or website without the prior written consent of the Company.
Links to Other Websites
Our Website may contain links to Third-Party Websites that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or Websites. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or Websites available on or through any such web sites or Websites.
We strongly advise You to read the terms and conditions and privacy policies of any Third-Party Websites that You visit.
Termination
We may terminate or suspend Your access to the Website immediately, without prior notice or liability, for any reason whatsoever or no reason, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Website will cease immediately.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its Affiliates, licensors or suppliers under any provision of these Terms and Conditions, and Your exclusive remedy for all of the foregoing, shall be limited to the amount actually paid by You to the Company through the Website or $100 if You have not purchased anything through the Website.
To the maximum extent permitted by applicable law, in no event shall the Company or any of its Affiliates, licensors or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Website, third-party software and/or third-party hardware used with or through the Website, or otherwise in connection with any provision of these Terms and Conditions), even if the Company or any such Affiliate, licensor or supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In such states, each party's liability will be limited to the greatest extent permitted by law.
“AS IS” and “AS AVAILABLE” Disclaimer
The Website is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects, and without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and website providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Website, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Website will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, products or Third-Party Websites, operate without interruption, meet any performance or reliability standards, or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the Company’s licensors, suppliers or service providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Website, or the information, content, and materials or products included thereon; (ii) that the Website will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided on or through the Website; or (iv) that the Website, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Governing Law
The laws of the State of California, excluding its conflicts of law rules, shall govern these Terms and Conditions and Your use of the Website. Your use of the Website may also be subject to other local, state, national, or international laws.
Dispute Resolution
If You have any concern or dispute about the Website, You agree to first try to resolve the dispute informally by contacting the Company.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to a United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
Severability
If any provision of these Terms and Conditions is held to be unenforceable or invalid by a court of competent jurisdiction, such provision will be changed and interpreted to accomplish the objective of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms and Conditions shall not effect a party's ability to exercise such right or require such performance at any time thereafter, nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Translation Interpretation
These Terms and Conditions may have been translated if We have made them available to You on our Website. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms and Conditions at any time.
By continuing to access or use Our Website after any modified or replaced terms have been posted to the Website, You agree to be bound by such terms as so revised. If You do not agree to the new terms, in whole or in part, please stop using the Website.
Contact Us
If you have any questions about these Terms and Conditions, You can contact us:
- By email: info@intelligenthandshake.com