IPEVO Website Terms of Use

Date Posted: [2020-04-21]

These website terms of use (the “Terms”) are a legal agreement between you and IPEVO Inc. (“IPEVO”, “we”, “us”, or “our”) governing your use of IPEVO.com (the “Website”), any related services made available on the Website (the “Services”), and any content made available on the Website (the “Content”). By accessing or using the Website, Services, or Content, you agree to bebound by these Terms. Any new features, tools, services, or content which are added to the Website will also be subject to these Terms. If you do not agree to these Terms or the Privacy Policy, you must not use the Website, the Content, or Services. IPEVO’s collection and use of personal information in connection with the Website, the Content, or Services is described in our Privacy Policy and Cookies Policy, found at https://www.ipevo.com/privacy-statement and https://www.ipevo.com/cookies-policy, respectively.

1. Eligibility

The Services are only available to users who can form legally binding contracts under applicable law. By accessing or using the Services, you represent that you are at least eighteen (18) years of age or over the age of majority in the state/country where you are a resident/citizen. Further, some Services (such as placing orders for IPEVO products on the Website and Account registration) are only available to users located in the United States or Canada.

2. Account Registration

The Website, Content, and Services may be used by registered or unregistered users. Certain Services may require a separate account registration from the Website account registration. Some functions may not be available to unregistered users of the Website or Services. During the Website or Services account registration process (as applicable), you will be required to provide certain information and establish a username and a password (“Account”). To register for an Account, you must be at least eighteen (18) years of age or over the age of majority in the state/country where you are a resident/citizen, and located in the United States or Canada. You agree to provide current, complete, and accurate Account information when you register for an Account. You agree to keep your log-in information confidential and not authorize any third party to use it or your Account. We will not be liable for any loss or damage arising from failure to maintain the security of your Account. You agree that we may attribute all use of your Account to you, and that you are responsible for all activities that occur under your Account. You agree to notify us immediately at cs@ipevo.com if you suspect any unauthorized use of your Account or any other breach of security. We may reject your registration or cancel an existing registration, for any reason, in our discretion.

3. Ownership and Intellectual Property

The Services and Content are protected by copyright, trademark, patent, and other intellectual property and proprietary right laws. All title, ownership rights, and intellectual property rights in and to the Content and Services are owned by us or our licensors. All rights are reserved. The Services, Content, and Website may contain certain licensed materials, and our licensors may protect their rights in the event of any violation of these Terms.

All trademarks, service marks, logos, trade names, and any other proprietary designations of IPEVO used herein are trademarks or registered trademarks of IPEVO or our suppliers. You may not use any of our trademarks, logos, or trade dress in connection with any product or service that is not owned or provided by us, in manner that is likely to cause confusion among customers or users, or in any manner that disparages us or our suppliers.

4. Your License to Use the Website, Services and Content

Subject to your compliance with these Terms, we grant to you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services, and to access, use, view, and print any Content solely for your personal and internal business purposes.

You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit the Services or Content, except as permitted in these Terms. You will not use the Website, Content, or Services for any unlawful or unauthorized purpose, or in a manner which is inconsistent with these Terms. You will comply with all applicable laws, rules, and regulations in your use of the Website, Content, and Services. Abusive communications of any kind (including threats of abuse or retribution), as well as profanity, are strictly prohibited and will result in immediate termination of access to the Website and/or Services. You will not interfere or attempt to interfere with the proper working of the Website or Services.

5. User Feedback

By submitting any ideas, feedback, and/or proposals (“Feedback”) to us through the Services, Website, or other means, you acknowledge and agree that: (a) your Feedback does not contain confidential or proprietary information of you or any third party; (b) we are not under any obligations of confidentiality with respect to the Feedback; (c) we may freely use, reproduce, distribute, and otherwise exploit the Feedback for any purpose; and (d) you are not entitled to any compensation of any kind from us.

6. Third-Party Links and Materials

Links to third-party websites from the Website are meant for convenience only. We do not review or control these third-party websites and are not responsible for any third-party websites or the content of those sites. We will not be liable for damages associated with links to third-party websites.

7. Promotions; Sponsorships

We may offer sweepstakes, contests, and other promotions (collectively, a “Promotion”) and event sponsorships (“Sponsorship”) through the Website. Each Promotion and Sponsorship will have specific rules that are separate from these Terms. By participating in any such Promotion or Sponsorship, you will become subject to those rules. You should carefully review the applicable rules of each Promotion or Sponsorship in which you participate so that you understand your rights and obligations as a participant and are aware of information specific to the Promotion or Sponsorship, such as our rights to and ownership of any submissions you may make as part of the Promotion or Sponsorship. To the extent that the terms and conditions of the Promotion or Sponsorship conflict with these Terms, the terms and conditions of the Promotion or Sponsorship (as applicable) will control.

8. Consequences of Violating the Terms

We may, in our sole and absolute discretion, take whatever action we deem necessary to preserve the integrity of the Website, Content, and Services. Violation of any of these Terms may result in actions being taken by us, effective immediately or at a time determined by us, which may include without limitation: (a) temporarily suspending your access to the Services, or (b) permanently terminating your access to the Website and/or Services. Without limiting the foregoing, we retain the right to decline to provide services to any user who violates these Terms or our Privacy Policy.

9. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE WEBSITE, CONTENT AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IPEVO MAKES NO REPRESENTATIONS, WARRANTY OR GUARANTEE OF THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE WEBSITE, SERVICES OR CONTENT. THE WEBSITE, SERVICES AND CONTENT ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THE CONTENT OR ANY OTHER INFORMATION MADE AVAILABLE THROUGH THE WEBSITE OR SERVICES DO NOT CONSTITUTE ADVICE OF ANY KIND AND SHOULD NOT BE RELIED UPON IN ANY WAY. IPEVO IS NOT LIABLE FOR ANY OMISSIONS OR ERRORS OF THE WEBSITE, SERVICES OR CONTENT. UNDER NO CIRCUMSTANCES WILL IPEVO BE LIABLE TO YOU OR ANY THIRD PARTY FOR INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL IPEVO OR ANY OF ITS LICENSORS, SERVICE PROVIDERS OR SUPPLIERS BE LIABLE UNDER OR IN CONNECTION WITH THESE TERMS OR ITS SUBJECT MATTER UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE, FOR ANY: (A) LOSS OF PRODUCTION, USE, BUSINESS, REVENUE OR PROFIT OR LOSS OF DATA OR (B) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER SUCH PERSONS WERE ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

IN NO EVENT WILL IPEVO’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIVE DOLLARS ($5.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

11. Indemnification

You agree to indemnify us and our affiliates, directors, officers, employees, consultants, agents, and suppliers from any costs or damages of any kind, including reasonable legal fees, arising from a claim or demand pertaining to your use of the Website, Content or Services, your breach of these Terms, or your violations of any rights of another.

12. Copyright Infringement, Notice and Takedown Procedures

We respect the intellectual property rights of others and expect our users to do the same. It is IPEVO’s policy, at its discretion and when appropriate, to remove infringing materials or terminate the accounts of users who may infringe or repeatedly infringe the copyright of third parties. If you believe, in good faith, that any materials on the Website or Services infringe upon your copyright, please notify us at:

IPEVO DMCA Designated Agent

Email: cs@ipevo.com

Postal Address: 440 N. Wolfe Road, Sunnyvale, CA 94085, USA

Telephone: (+1) 408-490-3085

To submit a copyright infringement notification to us, please submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing IPEVO’s DMCA Designated Agent with the following information in writing:

a) A physical or electronic signature of a person authorized to act on behalf of the owner of the material;

b) Identification of the copyrighted work claimed to have been infringed;

c) Identification of the material that is claimed to be infringing including information reasonably sufficient to permit IPEVO to locate it on the Website or Services;

d) Your name and the mailing address, telephone number, and email address where we can contact you;

e) A statement that you have a good faith belief that use of the material on the Website or Services is not authorized by the copyright owner, its agent, or the law; and

f) A statement that the information in your notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notwithstanding the foregoing, we do not guarantee any action based upon the receipt of your notice. You acknowledge that if you fail to comply with all of the requirements of the preceding paragraph, your DMCA notice may not be valid.

13. Governing Law; Jurisdiction and Venue

These Terms and the relationship between you and IPEVO will be governed and construed by the laws of the State of California and the applicable laws of the United States of America, without regard to conflict of law provisions. You hereby consent and submit to the personal and exclusive jurisdiction of the state and federal courts of Santa Clara, California in any action or dispute related to these Terms.

14. Changes to the Terms

These Terms may be revised or updated from time to time in our sole discretion. All changes are effective immediately when we post them on the Website, and apply to all access to and use of the Website, Content, and Services thereafter. Your continued use of the Website, Services, or Content following the posting of the revised Terms constitutes your acceptance of the changes. You are advised to check the Terms from time to time for any updates or changes that may impact you. If you do not agree with the revised Terms, you should discontinue your use of the Website, Content and Services.

15. Modifications to the Website or Services

The Website or Services may be modified or discontinued, temporarily or permanently, at any time, with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the Website or Services. We may also impose limits on certain features or restrict your access to parts or all of the Website or Services without notice or liability.

16. Users or Visitors Outside the U.S

IPEVO makes no representation that Content on the Website is appropriate or available for use in locations outside the U.S., and access to Content from territories where such Content is illegal is prohibited. Those who choose to access this Website from locations outside of the U.S. do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of U.S. export laws and regulations.

17. General

These Terms and other terms herein incorporated by reference, constitute the entire agreement between you and IPEVO, and govern your use of the Website, Content and Services, superseding any prior agreement, whether oral or written.

If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full effect.

The failure of IPEVO to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision.

You will not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. We may assign or transfer these Terms, at our sole discretion and without restriction or notice to you. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

CONTACT INFORMATION

If you have any questions about these Terms, or want to contact us for any reason, please direct all correspondence to: cs@ipevo.com.