- INTRODUCTION
-
Ingenuity Insights, Inc. (“Ingenuity Insights”, “we”, “us”,
“our”) is an information technology company with offices in the United States and
India. Ingenuity Insights provides a wide range of products (“Products”) and
services (“Services”) to its Users. Ingenuity Insights’ Products and Services are
made available to its users (“User,” “you,” or “your”) via its
website i.e., hosted at www.ingenuityinsights.com (“Website”). Ingenuity
Insights’ Products and Services are also made available via its mobile application
(“App”) i.e., available for download over Google PLAYSTORE and Apple
APPSTORE.
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Capitalized terms not defined herein shall have the same meaning ascribed to them as in
Privacy Policy or any related documents.
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This Terms of Service (the “User Terms”) is a legally binding agreement between
Ingenuity Insights and you and governs your purchase of the Product and use of our
Products and Services.
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PLEASE READ THESE USER TERMS AND THE PRIVACY
POLICY CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION.
PLEASE NOTE THAT THESE USER TERMS CONTAIN A BINDING AND MANDATORY ARBITRATION AND CLASS
ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL
BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS AND LIMITS REMEDIES
AVAILABLE TO YOU IN THE EVENT OF CERTAIN DISPUTES.
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IF YOU DO NOT AGREE WITH THE USER TERMS SET FORTH HEREIN, PLEASE REFRAIN FROM PURCHASING
OUR PRODUCT AND REGISTERING OR USING OUR WEBSITE OR THE SERVICES. IF YOU USE THE
SERVICES AND/OR PRODUCTS OFFERED HEREWITH, YOU ARE BOUND BY THESE USER TERMS.
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BY ACCEPTING THE USER TERMS, EITHER BY CLICKING A BOX INDICATING YOUR ACCEPTANCE, BY
NAVIGATING THROUGH OUR WEBSITE, BY DOWNLOADING OUR APP, BY USING OUR SERVICES, AND/OR
PURCHASING AND USING OUR PRODUCTS,YOU AGREE THAT
- YOU HAVE READ AND UNDERSTOOD THE USER TERMS;
-
REPRESENT THAT YOU ARE YEARS OLD (PLEASE NOTE THAT IF YOU ARE BETWEEN THE AGE
GROUP OF 13-17, YOU MUST HAVE YOUR GUARDIAN/PARENT PURCHASE AND SET UP THE
PRODUCT ON YOUR BEHALF);
- YOU CAN FORM A BINDING CONTRACT; AND
- YOU ACCEPT THE USER TERMS AND AGREE THAT YOU ARE LEGALLY BOUND
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BY ITS TERMS AS WELL AS THE PRIVACY POLICY REFERENCED HEREIN. IF YOU ARE ENTERING INTO
THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE
THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS, IN WHICH CASE THE
USER TERMS SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH
AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE USER TERMS, YOU MUST NOT ACCEPT THESE USER
TERMS AND MAY NOT USE THE SERVICES AND THE PRODUCTS.
- THE INGENUITY INSIGHTS PLATFORM
- Our Website, App, Products and Services (collectively “Platform”) is aimed at providing
data driven actionable insights that enrich a User’s life. It is our mission to use our
Platform to develop innovating products and solutions that implement and integrate
internet of things, machine learning and big data to provide a consolidated healthcare
support service.
- GLUCOLYF
-
Currently, as of the Last Updated date mentioned above, Ingenuity Insights has launched
a “Platform” and related Services that helps in monitoring and assisting Users with the
management of diabetes. “Glucolyf” is the first Product that has been currently
released by Ingenuity Insights.
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Glucolyf provides a 360- degree comprehensive system and methodology for a practical,
simple and effective diabetic care for patients, caregivers and healthcare
professionals.
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IF YOU ARE MINOR BELOW THE AGE OF 13, YOU CANNOT DIRECTLY REGISTER ON OUR WEBSITE AND
MAKE USE OF OUR SERVICES. FOR ALL UNDER 13 USERS, THEIR PARENTS AND/OR GUARDIANS ARE
REQUIRED TO REVIEW THESE TERMS AND THE TERMS OF OUR PRIVACY POLICY AND SUCH USERS CAN
ONLY USE OUR PRODUCTS AND SERVICES ONCE THEIR PARENTS AND/OR GUARDIANS HAVE PROVIDED US
WITH THEIR VERIFIABLE CONSENT.
-
PLEASE REVIEW OUR PRIVACY POLICY
FOR FURTHER DETAILS.
- TERRITORIAL RESTRICTIONS
- Our Product and Services are only for use in the United States of America (the
“Registered Territory”). Do not access our Product and/or our Services if
you reside outside the Registered Territory. We cannot currently provide Services to
residents of the European Union and United Kingdom. We will inform you when we begin
offering our Products and Services in other territories via reasonable means including
updating these User Terms.
- PRIVACY POLICY
- Our Privacy Policy
describes how we handle the information you provide to us when you use our Products and
Services. You understand that through your use of the Products and the Services you
consent to the collection and use (as set forth in the Privacy Policy) of this
information,
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including the transfer of this information to the United States, and/or other countries
for storage, processing and use by Ingenuity Insights.
- ELIGIBILITY, ACCOUNT AND ACCESS RIGHTS
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Access to and use of the Products and/or the Services is available only to individuals,
who are at least 18 years old and can form legally binding agreement, and are not
otherwise barred from buying such Products, or visiting our Website or downloading our
App, under applicable law. By accessing or using our Products and/or the Services, you
represent and warrant that you are eligible.
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If you visit our Website or download our App from a location outside of the United
States of America, you are responsible for compliance with any relevant and applicable
laws of your jurisdiction, or the jurisdiction where our Products will be used or based.
Please do not establish an Account, access our Platform or buy our Products and Services
if you reside in Europe or while you are in Europe. If you do, you are doing so without
our permission and you agree to defend, indemnify, and hold us harmless from any and all
damages, claims and cost that we incur as a result of you doing so.
- To access and use our Services, you will be asked to establish an account
(“Account”) or our Website or the App, whichever may be applicable. To establish
an Account, you will be asked to provide certain registration details and other
information including a user name and password (collectively “Account Information
”). You represent and warrant that the Account Information will at all times be
correct, current and complete. You must treat such Account Information as confidential.
You agree not to disclose such Account Information to any other person or entity. You
agree not to provide any other person/third-party with access to your Account or your
Account Information. You are responsible for any purchase of Products by any third-party
placed with your Account Information. You agree to indemnify and hold us harmless for
any purchases, other activity or third-party claims that result from the use of your
Account or your Account Information by any other person, whether or not authorize
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You agree to notify us immediately of any unauthorized access to or use of your Account
or your Account Information or other breach of Website’s or App’s security. You agree
that we have the right to disable your Account and delete your Account Information, at
any time if, in our opinion, you have violated any provision of these User Terms
including, without limitation, the terms of this Section 6. You agree to cooperate with
us if the security of our Services is compromised by you or another person through the
use of your Account or Account Information. You acknowledge that we reserve the right to
withdraw or amend your access to our Products and Services in our sole discretion
without notice.
- RESTRICTIONS
-
You agree that the Services, including but not limited to the Website, App, graphics,
trademarks, and editorial content, contain proprietary content, information and
material, are owned by
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Ingenuity Insights’ and/or its licensors, including our customers, brands and agencies,
and is protected by applicable intellectual property and other laws, including but not
limited to copyright. You agree that you will not use such proprietary content,
information or materials other than for your permitted use of the Services or in any
manner that is inconsistent with these User Terms.
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You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works
based on the Services, in any manner, and you shall not exploit the Services in any
unauthorized way whatsoever, including but not limited to, using the Services to
transmit any computer viruses, worms, Trojan horses or other malware, or by trespass or
burdening network capacity. You further agree not to use the Services in any manner to
harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of
any other party, and that Ingenuity Insights’ is not in any way responsible for any such
use by you, nor for any harassing, threatening, defamatory, offensive, infringing or
illegal messages or transmissions that you may receive as a result of using the
Services.
- MEDICAL DISCLAIMERS
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INGENUITY INSIGHTS DOES NOT PROVIDE ANY MEDICAL ADVICE. OUR PRODUCTS AND/OR SERVICES ARE
NOT DESIGNED OR EQUIPPED TO PROVIDE MEDICAL ADVICE. WE ARE ONLY A FACILITAOR BETWEEN AN
USER AND THE MEDICAL FACILITY SUCH AS A HOSPITAL, PHYSICIAN AND/OR PHARMACY. OUR
PRODUCTS ARE NOT MEANT TO DIAGNOSE DIABETES, A HEART CONDITION OR ANY OTHER DISEASES.
THE PRODUCT IS ONLY A MEDICINE MANAGEMENT PRODUCT.
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THE INFORMATION PROVIDED TO THE USER THROUGH OUR WEBSITE AND/OR APP DOES NOT UNDER ANY
CIRCUMSTANCE CONSTITUTE MEDICAL ADVICE. IF YOU HAVE A MEDICAL EMERGENCY, CONTACT YOUR
PHYSICIAN AND CALL 911. WE DO NOT GIVE MEDICAL ADVICE AS PART OF OUR SERVICES, PRODUCTS,
WEBSITE AND/OR APP.
- THIRD-PARTY INTERACTIONS
- Our Website may contain links to third-party websites, third-party applications, and
third-party advertisements (“Third-Party Websites & Advertisements”).
However, we are not responsible for any Third-Party Websites & Advertisements.
Ingenuity
Insights provides these Third-Party Websites & Advertisements only as a convenience
and
does not review, approve, monitor, endorse, warrant, or make any representations with
respect to such Third-Party Websites & Advertisements, or their products or
services.
You use all links in Third-Party Websites & Advertisements at your own risk. You
should
review applicable terms and policies, including privacy and data gathering practices of
any Third-Party Websites & Advertisement, and make whatever investigation you feel
necessary or appropriate before proceeding with any transaction with any third party.
- EMAIL AND TEXT MESSAGING
- You understand and agree that you may receive information and notifications from
Ingenuity Insights via text messaging or through email subscription. You hereby consent
to receive communications via text message, calls to your mobile number, or emails. You
acknowledge that you may incur additional charges or fees from your wireless provider
for these communications, including text message charges and data usage fees, and you
acknowledge and agree that you are solely responsible for any such charges and fees and
not us.
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Email Subscription. You can always unsubscribe from our commercial or
promotional emails, but we will still send you
transactional and relational emails about your Account or use of our
Website. If you want to unsubscribe from receiving promotional and commercial
email notifications from us, please send us an email at
Unsusbcribe@ingenuityinsights.com.
- COPYRIGHT INFRINGEMENT AND DMCA NOTICE
- If you believe that any content on our Website violates your copyright, and you wish to
have the allegedly infringing material removed, the following information in the form of
a written notification (pursuant to 17 U.S.C. § 512(c) (“DMCA Takedown Notice”)
must be provided to our designated Copyright Agent. It is our policy to terminate the
accounts of repeat infringers.
- Your physical or electronic signature;
- Identification of the copyrighted work(s) that you claim to have been
infringed;
- Identification of the material on our services that you claim is infringing and
that you request us to remove;
- Sufficient information to permit us to locate such material;
- Your address, telephone number, and e-mail address;
- A statement that you have a good faith belief that use of the objectionable
material is not authorized by the copyright owner, its agent, or under the law;
and
- A statement that the information in the notification is accurate, and under
penalty of perjury, that you are either the owner of the copyright that has
allegedly been infringed or that you are authorized to act on behalf of the
copyright owner.
- The Ingenuity Insights Copyright Agent to receive the DMCA Takedown Notices
Gopalakrishnan Damodaran, Ingenuity Insights, Inc. Attn: DMCA Notice, Ingenuity
Insights, Inc. (4900 Hopyard Road, Suite 100, Pleasanton, CA 94588.Phone: (925)
322-5241). You acknowledge that for us to be authorized to take down any content, your
DMCA takedown notice must comply with all the requirements of this Section. Please note
that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities)
in a written notification automatically subjects the complaining party to liability for
any damages, costs and attorney's fees incurred by us in connection with the written
notification and allegation of copyright infringement.
- TERMINATION
-
These User Terms will remain in full force and effect so long as you continue to access
or use the Website, or until terminated in accordance with the provisions of this User
Terms. These User Terms may be terminated:
- by Ingenuity Insights, without cause, at any time; or
- by Ingenuity Insights, if Ingenuity Insights in good faith believes that you
have used the Website in violation of these User Terms or the Privacy Policy
including any other incorporated guidelines, terms or rules
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Upon termination of these User Terms, your Account and your right to use the Website
will automatically terminate. User may terminate these User Terms at any time by
deactivating your Account and discontinuing your access and use of the Website.
- DISCLAIMER OF WARRANTIES
-
Your access to and use of the Website or any content are at your own risk. You
understand and agree that the Website is provided to you on an “AS IS” and “AS
AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under
applicable law, Ingenuity Insights DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER
EXPRESSED OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT. Ingenuity Insights makes no warranty or representation and disclaim
all responsibility and liability for:
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the completeness, accuracy, availability, timeliness, security or reliability of
the Website or any content;
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any harm to your computer system, loss of data, or other harm that results from
your access to or use of the Website or any content;
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the deletion of, or the failure to store or to transmit, any content and other
communications maintained by the Website; and
- whether the Website will meet your requirements or be available on an
uninterrupted, secure, or error-free basis.
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No advice or information, whether oral or written, obtained from Ingenuity Insights or
through the Website, will create any warranty or representation not expressly made
herein.
- INDEMNITY
- You shall indemnify, defend and hold Ingenuity Insights and our officers, employees,
managers, directors, customers and agents (the “IE Indemnified Parties”) harmless
from and against any and all costs, liabilities, losses and expenses (including but not
limited to reasonable attorneys’ fees) resulting from any claim, suit, action, demand or
proceeding brought by any third party against Ingenuity Insights Indemnified Parties
arising from any of the following:
- a breach of these User Terms;
- the negligence, gross negligence or willful misconduct of you or your employees,
agents or contractors;
- incorrect information provided by you in your Account or elsewhere; or
- a failure by you or your employees, agents, contractors or invitees to comply
with applicable laws and regulations.
- LIMITATION OF LIABILITY
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Ingenuity Insights SHALL NOT BE
LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY
LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF
DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM
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YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE;
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ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE WEBSITE, INCLUDING WITHOUT
LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD
PARTIES;
- ANY CONTENT OBTAINED FROM THE WEBSITE; OR
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UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
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IN NO EVENT SHALL THE AGGREGATE LIABILITY OF INGENUITY INSIGHTS EXCEED THE GREATER OF
ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID INGENUITY INSIGHTS, IF
ANY, IN THE PAST SIX MONTHS FOR ACCESS TO THE WEBSITE, GIVING RISE TO THE CLAIM. THE
LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON
WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR
NOT Ingenuity Insights HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN
IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
- YOU AND (IF APPLICABLE) YOUR PERSONAL REPRESENTATIVE, KNOWINGLY AND FREELY ASSUME ALL
RISK WHEN ACCESSING THE WEBSITE. YOU, ON BEHALF OF YOURSELF, AND (IF APPLICABLE) YOUR
PERSONAL REPRESENTATIVES AND YOUR HEIRS, HEREBY VOLUNTARILY AGREE TO RELEASE, WAIVE,
DISCHARGE, HOLD HARMLESS, DEFEND AND INDEMNIFY Ingenuity Insights AND ITS OFFICERS,
DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, SUCCESSORS AND ASSIGNS, FROM AND AGAINST
ANY CLAIMS, DISPUTES, DEMANDS, LIABILITIES, DAMAGES, LOSSES, AND COSTS AND EXPENSES,
INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES ARISING OUT OF
OR IN ANY WAY CONNECTED WITH
- YOUR ACCESS TO OR USE OF THE WEBSITE
- YOUR USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, FOR BODILY INJURY,
WRONGFUL DEATH, EMOTIONAL DISTRESS, OR OTHER DAMAGES OR HARM, WHETHER TO YOU OR
TO THIRD PARTIES, WHICH MAY RESULT FROM THE USE OF THE WEBSITE,
- VIOLATION OF THESE TERMS, INCLUDING, WITHOUT LIMITATION, YOUR BREACH OF ANY OF
THE REPRESENTATIONS AND WARRANTIES CONTAINED HEREIN AND FOR BODILY INJURY,
WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF SERVICES OR OTHER DAMAGES OR HARM,
WHETHER TO YOU OR TO THIRD PARTIES, WHICH MAY RESULT FROM YOUR USE OF THE
WEBSITE,
- CLAIMS, OR ANY DECISION BY A COURT, ARBITRATOR, OR GOVERNMENT AGENCY, THAT
Ingenuity Insights IS OBLIGATED TO PAY ANY WITHHOLDING TAXES, SOCIAL SECURITY,
UNEMPLOYMENT OR DISABILITY INSURANCE OR SIMILAR ITEMS IN CONNECTION WITH ANY
PAYMENT RECEIVED BY YOU UNDER THE TERMS,
- YOUR VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY RIGHT
OF PRIVACY OR INTELLECTUAL PROPERTY RIGHTS,
- YOUR VIOLATION OF ANY APPLICABLE LAW, RULE OR REGULATION,
- YOUR WILLFUL MISCONDUCT, OR
- ANY OTHER PARTY’S ACCESS AND USE OF THE WEBSITE WITH YOUR UNIQUE USERNAME,
PASSWORD OR OTHER APPROPRIATE SECURITY CODE.
- ASSIGNMENT
-
These User Terms are only for your benefit. You shall have no right to assign these User
Terms or any benefits or obligation hereunder to any other party or legal entity. Any
attempted assignment shall be void.
- ANTI-BRIBERY AND EXPORT COMPLIANCE
-
You agree not to promote, approach or use, distribute, transfer, provide, sub-license,
share with, or otherwise offer the Website in violation of any Laws or these User Terms,
including, without limitation, the United States Foreign Corrupt Practices Act, the UK
Bribery Act and similar anti- corruption statutes in all jurisdictions. Without limiting
the foregoing, you will not knowingly directly or indirectly export, re-export,
transfer, make available or release (collectively, “Export”) the Website to any
destination, person, entity or end use prohibited or restricted under US law without
prior US government authorization to the extent required by regulation, including
without limitation, any parties listed on any of the denied parties lists or specially
designated nationals lists maintained under the EAR or the Security, and the Foreign
Asset Control Regulations (31 CFR 500 et seq.) administered by the US Department of
Treasury, Office of Foreign Assets Control without appropriate US government
authorization to the extent required by regulation.
- MODIFICATIONS
-
We reserve the right, at our sole discretion, to change or modify this Agreement at any
time. In the event, we modify the terms of this Agreement, such modifications shall be
binding on you only upon your acceptance of the modified Agreement. We will inform you
about the modifications via email or comparable means within 15 days of such
modification. We will also post the modified version on this page. Your continued use of
the Ingenuity Insight Website and the Services shall constitute your consent to such
changes.
- RELATIONSHIP OF PARTIES
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The parties hereto are independent contractors, and nothing contained herein shall be
interpreted as creating any relationship other than that of independent contracting
parties. The parties shall not be construed as being partners, joint ventures,
shareholders, employer/employee, agent/servant. The User has no power or authority to
bind Ingenuity Insights to any obligation, agreement, debt or liability. The User shall
not hold itself out as an agent or representative of Ingenuity Insights.
- FORCE MAJEURE
-
Neither Ingenuity Insights nor you shall be responsible for damages or for delays or
failures in performance resulting from acts or occurrences beyond their reasonable
control, including, without limitation: fire, lightning, explosion, power surge or
failure, water, acts of God, war, revolution, civil commotion or acts of civil or
military authorities or public enemies: any law, order, regulation, ordinance, or
requirement of any government or legal body or any representative of any such government
or legal body; or labor unrest, including without limitation, strikes, slowdowns,
picketing, or boycotts; inability to secure raw materials, food preparation facilities,
fuel or energy shortages, or acts or omissions of other common carriers.
- GOVERNING LAW
-
This Agreement shall be governed by the law of the State of California, without respect
to its conflicts of laws principles. Each of the parties to this Agreement consents to
the exclusive jurisdiction and venue of the state and federal courts located in
California, for any actions not subject to Dispute Resolution and Arbitration provisions
as set forth in Section 22.
- DISPUTE RESOLUTION AND ARBITRATION
- PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN
DISPUTES AND CLAIMS WITH Ingenuity Insights AND LIMITS THE MANNER IN WHICH YOU CAN SEEK
RELIEF FROM US.
-
Binding Arbitration
- Except for any disputes, claims, suits, actions, causes of action,
demands or proceedings (collectively,“Disputes”) in which either
party seeks to bring an individual action in small claims court or seeks
injunctive or other equitable relief for the alleged unlawful use of
intellectual property, including, without limitation, copyrights,
trademarks, trade names, logos, trade secrets or patents, you and
Ingenuity Insights agree
-
to waive your and Ingenuity Insights’ respective rights to have
any and all Disputes arising from or related to this Agreement,
use of our Website, resolved in a court, and
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to waive your and Ingenuity Insights’ respective rights to a
jury trial. Instead, you and Ingenuity Insights agree to
arbitrate Disputes through binding arbitration (which is
the referral of a Dispute to one or more persons charged with
reviewing the Dispute and making a final and binding
determination to resolve it instead of having the Dispute
decided by a judge or jury in court).
- No Class Arbitrations, Class Actions or Representative Actions
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You and Ingenuity Insights agree that any Dispute arising out of or
related to these User Terms or the Websites is personal to you and
Ingenuity Insights and that such Dispute will be resolved solely through
individual arbitration and will not be brought as a class arbitration,
class action or any other type of representative proceeding. You and
Ingenuity Insights agree that there will be no class arbitration or
arbitration in which an individual attempt to resolve a Dispute as a
representative of another individual or group of individuals. Further,
you and Ingenuity Insights agree that a Dispute cannot be brought as a
class or other type of representative action, whether within or outside
of arbitration, or on behalf of any other individual or group of
individuals.
- Federal Arbitration Act
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You and Ingenuity Insights agree that these Terms affect interstate
commerce and that the enforceability of this Section 22 shall be both
substantively and procedurally governed by and construed and enforced in
accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the
“FAA”), to the maximum extent permitted by applicable law.
- Notice; Informal Dispute Resolution
-
You and Ingenuity Insights agree that each party will notify the other
party in writing of any arbitrable or small claims Dispute within thirty
(30) days of the date it arises, so that the parties
-
can attempt in good faith to resolve the Dispute informally. Notice to
Ingenuity Insights shall be sent by certified mail or courier to
Ingenuity Insights, Inc., Attn: Gopalakrishnan Damodaran, 4900 Hopyard
Road, Suite 100, Pleasanton, CA 94588. Your notice must include
-
your name, postal address, telephone number, the email address
you use or used for your Ingenuity Insights account and, if
different or not applicable, an email address at which you can
be contacted,
-
a description in reasonable detail of the nature or basis of the
Dispute, and
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the specific relief that you are seeking. Our notice to you will
be sent electronically in accordance with this Agreement and
will include
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our name, postal address, telephone number and an email address
at which we can be contacted with respect to the Dispute,
-
a description in reasonable detail of the nature or basis of the
Dispute, and
-
the specific relief that we are seeking
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If you and Ingenuity Insights cannot agree how to resolve the Dispute
within thirty (30) days after the date notice is received by the
applicable party, then either you or Ingenuity Insights may, as
appropriate and in accordance with this Section 22, commence an
arbitration proceeding.
- Process
-
EXCEPT FOR DISPUTES IN WHICH EITHER PARTY SEEKS TO BRING AN INDIVIDUAL
ACTION IN SMALL CLAIMS COURT OR SEEKS INJUNCTIVE OR OTHER EQUITABLE
RELIEF FOR THE ALLEGED UNLAWFUL USE OF INTELLECTUAL PROPERTY, INCLUDING,
WITHOUT LIMITATION, COPYRIGHTS, TRADEMARKS, TRADE NAMES, LOGOS, TRADE
SECRETS OR PATENTS, YOU AND INGENUITY INSIGHTS AGREE THAT ANY DISPUTE
MUST BE COMMENCED OR FILED BY YOU OR INGENUITY INSIGHTS WITHIN ONE (1)
YEAR OF THE DATE THE DISPUTE AROSE, OTHERWISE THE UNDERLYING CLAIM IS
PERMANENTLY BARRED (WHICH MEANS THAT YOU AND INGENUITY INSIGHTS WILL NO
LONGER HAVE THE RIGHT TO ASSERT SUCH CLAIM REGARDING THE DISPUTE). You
and Ingenuity Insights agree that
- any arbitration will occur in San Francisco, California,
-
arbitration will be conducted confidentially by a single
arbitrator in accordance with the Commercial Arbitration Rules
and the Supplementary Procedures for Consumer Related Disputes
(the “AAA Rules”) then in effect, except as modified by
this “Dispute Resolution” section, and
-
that the state or federal courts of the State of California,
have exclusive jurisdiction over any appeals and the enforcement
of an arbitration award.
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You may also litigate a Dispute in the small claims court located in the
county of your billing address if the Dispute meets the requirements to
be heard in small claims court.
- Authority of Arbitrator
-
As limited by the FAA, these User Terms and the applicable AAA rules,
the arbitrator will have
-
the exclusive authority and jurisdiction to make all procedural
and substantive decisions regarding a Dispute, including the
determination of whether a Dispute is arbitrable, and
-
the authority to grant any remedy that would otherwise be
available in court; provided, however, that the arbitrator does
not have the authority to conduct a class arbitration or a
representative action, which is prohibited by these User Terms
-
The arbitrator may only conduct an individual arbitration and may not
consolidate more than one individual’s claims, preside over any type of
class or representative proceeding or preside over any proceeding
involving more than one individual. Notwithstanding anything to the
contrary herein or the applicable AAA rules, discovery in the
arbitration shall be limited to one set of interrogatories, one set of
requests for admissions, and one set of requests for production of
documents.
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The arbitrator’s award of damages must be consistent with the terms of
the “Limitation of Liability” section above as to the types and amounts
of damages for which a party may be held liable. The arbitrator may
award declaratory or injunctive relief only in favor of the claimant and
only to the extent necessary to provide relief warranted by the
claimant’s individual claim. If you prevail in arbitration you will be
entitled to an award of attorneys’ fees and expenses, to the extent
provided under applicable law. We will not seek, and hereby waives all
rights it may have under applicable law to recover, attorneys’ fees and
expenses if it prevails in arbitration.
- Rules of AAA
-
The AAA Rules are available at www.adr.org/arb_med or by calling
the AAA at 1-800-778-7879. By agreeing to be bound by these User Terms,
you either
- acknowledge and agree that you have read and understand the
rules of AAA, or
-
waive your opportunity to read the rules of AAA and any claim
that the rules of AAA are unfair or should not apply for any
reason.
- Severability
-
If any term, clause or provision of this Section 22 is held invalid or
unenforceable, it will be so held to the minimum extent required by law,
and all other terms, clauses and provisions of this Section 22 will
remain valid and enforceable. Further, the waivers set forth in Section
22 are severable from the other provisions of these User Terms and will
remain valid and enforceable, except as prohibited by applicable law.
- Right
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YOU HAVE THE RIGHT TO OPT OUT OF BINDING ARBITRATION WITHIN THIRTY (30)
DAYS OF THE DATE YOU FIRST ACCEPTED THE USER TERMS OF THIS SECTION 22 BY
WRITING TO: Ingenuity Insights INC., RE: OPT-OUT, Ingenuity Insights,
INC. 4900 Hopyard Road, Suite 100, Pleasanton, CA 94588.Phone: (925)
322-5241. IN ORDER TO BE EFFECTIVE, THE OPT OUT NOTICE MUST INCLUDE YOUR
FULL NAME AND CLEARLY INDICATE YOUR INTENT TO OPT OUT OF BINDING
ARBITRATION. BY OPTING OUT OF BINDING ARBITRATION, YOU ARE AGREEING TO
RESOLVE DISPUTES IN ACCORDANCE WITH SECTION 22.
- MISCELLANEOUS
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These User Terms and the Privacy Policy constitute the sole and entire agreement between
You and Ingenuity Insights (collectively “Agreement”) with respect to the Website
and the Agreement supersedes all prior and contemporaneous understandings, agreements,
representations and warranties, both written and oral, with respect to the Website. Our
failure to exercise or enforce any right or provision of this Agreement will not
constitute a waiver of such right or provision. If any provision of this Agreement is
found by a court of competent jurisdiction to be invalid, we both nevertheless agree
that the court should endeavor to give effect to our intentions as reflected in the
provision, and the other provisions of this Agreement remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of
action arising out of or related to use of the Website, or this Agreement must be filed
within one (1) year after such claim or cause of action arose or be forever barred. A
party’s failure to act with respect to a breach by the other party does not constitute a
waiver of the party’s right to act with respect to subsequent or similar breaches. All
the sections intended to survive the termination of this Agreement shall survive. The
section titles in this Agreement are for convenience only and have no legal or
contractual effect. Except as explicitly stated otherwise, any notices Ingenuity
Insights shall be given by certified mail, postage prepaid and return receipt requested
to Ingenuity Insights, Inc., 4900 Hopyard Road, Suite 100, Pleasanton, CA 94588. Any
notices to you shall be provided to you through our Website or given to you via the
email address or physical address you provide Ingenuity Insights during the registration
process.
PLEASE NOTE THAT BY USING THE WEBSITE YOU ARE AGREEING TO BE BOUND BY AND TO COMPLY WITH THE USER
TERMS DESCRIBED HEREIN. IF YOU DO NOT AGREE TO THESE USER TERMS, PLEASE DO NOT USE OUR WEBSITE AND
EXIT IMMEDIATELY.