Term of Use for: www.intertise.com
Intertise, Inc.’s corporate headquarters are
located at:
1601 Harbour Side Drive
Weston, FL 33326 USA
Tel: 954-337-1587
Fax: 954-389-6386
Date: June 1, 2004
Last Revised: July 15, 2004
Welcome to the Intertise,
Inc. Web site (the "Site"). By using the
Site, you agree to follow and be bound by the following
terms and conditions concerning your use of the
Site ("Terms of Use") and our Privacy
Policy. We may revise the Terms of Use and Privacy
Policy at any time without notice to you.
Areas of the Site
may have different terms of use posted. If there
is a conflict between the Terms of Use and terms
of use posted for a specific area of the Site, the
latter shall have precedence with respect to your
use of that area of the Site.
1.
Use of Web Site Information
You may download,
view, copy and print documents and graphics incorporated
in these documents (the "Documents") from
the Site subject to the following: (a) the Documents
may be used solely for personal, informational,
non-commercial purposes; and (b) the Documents may
not be modified or altered in any way. Except where
your use constitutes "fair use" under
copyright law, you may not otherwise use, download,
upload, copy, print, display, perform, reproduce,
publish, license, post, transmit or distribute any
information from this Web site in whole or in part
without the express authorization of Intertise,
Inc.
2.
Use of Software
Any use of software
and accompanying documentation you download from
the Site is subject to the terms of a software license
agreement between you and Intertise, Inc. You must
read the license agreement and indicate your agreement
to its terms prior to installing or using the software.
All rights, title and interest not expressly granted
are reserved.
3.
Use of Forums and Public Communication
"Forum"
means a discussion group, chat area, bulletin board,
news group, letter to Intertise, Inc., its webmaster
or employees, or e-mail function offered as part
of the Site. You agree not to upload, email, post,
publish or otherwise transmit through a Forum any
content that: (a) is false or misleading; (b) is
defamatory; (c) is harassing or invades another's
privacy, or promotes bigotry, racism, hatred or
harm against any group or individual; (d) is obscene;
(e) infringes another's rights, including but not
limited to intellectual property rights; (f) constitutes
unsolicited bulk e-mail, "junk mail,"
"spam" or chain letters; or (g) violates
any applicable laws or regulations.
Forums shall be
used in a noncommercial manner only. You shall not
distribute or otherwise publish any content containing
a solicitation of funds, promotion, advertising,
solicitation for goods or services, or other commercial
matter. You agree not to solicit other users of
the Site to use or join or become members of any
commercial online or offline service or other organization.
Except where expressly authorized by Intertise,
Inc., you agree not to collect or store personal
data about other users.
By uploading, emailing,
posting, publishing or otherwise transmitting content
to any Forum or submitting any content to Intertise,
Inc., you automatically grant (or warrant that the
owner of such rights has expressly granted) Intertise,
Inc. a perpetual, royalty-free, irrevocable, nonexclusive
right and license to use, reproduce, modify, adapt,
publish, transmit and distribute such content on
in any form, medium, or technology now known or
later developed. In addition, you warrant that all
so-called moral rights in the content have been
waived.
4.
Passwords and Security
You are responsible
for maintaining the confidentiality of any password(s)
you are given to access the Site, and are fully
responsible for all activities that occur under
your password(s). You agree to notify Intertise,
Inc. immediately of any unauthorized use of your
password(s).
Intertise, Inc.
is concerned about the security of personal information
we have collected from you and has taken reasonable
steps to prevent unauthorized access to that information.
5.
Termination of Use
You agree that
Intertise, Inc. may, in its sole discretion, at
any time terminate your access to the Site and any
account(s) you may have in connection with the Site.
Access to the Site may be monitored by Intertise,
Inc.
6.
Third Party Web Sites, Content, Products and Services
The Site provides
links to Web sites and access to content, products
and services from third parties, including users,
advertisers, affiliates and sponsors of the Site.
You agree that Intertise, Inc. is not responsible
for the availability of, and content provided on,
third party Web sites. You should refer to the policies
posted by other Web sites regarding privacy and
other topics before you use them. You agree that
Intertise, Inc. is not responsible for third party
content accessible through the Site, including opinions,
advice, statements and advertisements, and understand
that you bear all risks associated with the use
of such content. If you choose to purchase any products
or services from a third party, your relationship
is directly with the third party. You agree that
Intertise, Inc. is not responsible for: (a) the
quality of third party products or services; and
(b) fulfilling any of the terms of your agreement
with the seller, including delivery of products
or services and warranty obligations related to
purchased products or services. You agree that Intertise,
Inc. is not responsible for any loss or damage of
any sort you may incur from dealing with any third
party.
7.
Disclaimer
EXCEPT WHERE EXPRESSLY
PROVIDED OTHERWISE, THE SITE, AND ALL CONTENT, MATERIALS,
INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED
ON THE SITE, ARE PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS. INTERTISE, INC.
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. INTERTISE,
INC. MAKES NO WARRANTY THAT: (A) THE SITE WILL MEET
YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE
ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM
THE USE OF THE SITE OR ANY SERVICES OFFERED THROUGH
THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE
QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION,
OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH
THE SITE WILL MEET YOUR EXPECTATIONS.
ANY CONTENT, MATERIALS,
INFORMATION OR SOFTWARE DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF THE SITE IS DONE AT
YOUR OWN DISCRETION AND RISK. INTERTISE, INC. SHALL
HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD
OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.
INTERTISE, INC. RESERVES THE RIGHT TO MAKE CHANGES
OR UPDATES TO THE SITE AT ANY TIME WITHOUT NOTICE.
8.
Limitation of Liability
IN NO EVENT SHALL
INTERTISE, INC. BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR
DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE,
INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN
ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS
TO, OR USE OF, THE SITE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR
EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE
ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
9.
Indemnity
You agree to defend,
indemnify and hold harmless Intertise, Inc., its
officers, directors, employees, consultants and
agents from and against any and all claims, liabilities,
damages, losses or expenses, including reasonable
attorneys' fees and costs, arising out of or in
any way connected with your access to or use of
the Site.
10.
Privacy Policy
Intertise, Inc.
is concerned about your privacy and has developed
a policy to address privacy concerns. You can find
the current privacy policy on www.intertise.com.
11.
Note about Children
Minors are not
eligible to use the Site, and we ask that they do
not submit any personal information to us.
12.
Export Restrictions/Legal Compliance
You may not access,
download, use or export the Site, or the content,
software, products or services provided on the Site
in violation of U.S. export laws or regulations,
or in violation of any other applicable laws or
regulations. You agree to comply with all export
laws and restrictions and regulations of any United
States or foreign agency or authority, and not to
directly or indirectly provide or otherwise make
available the services and products of Intertise,
Inc. in violation of any such restrictions, laws
or regulations, or without all necessary approvals,
including, without limitation, for the development,
design, manufacture or production of nuclear, chemical
or biological weapons of mass destruction. As applicable,
you shall obtain and bear all expenses relating
to any necessary licenses and/or exemptions with
respect to your own use of the services of Intertise,
Inc. outside the U.S. Neither the services of Intertise,
Inc. nor the underlying information or technology
may be downloaded or otherwise provided or made
available, either directly or indirectly, (i) into
Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria
or any other country subject to U.S. trade sanctions,
to individuals or entities controlled by such countries,
or to nationals or residents of such countries other
than nationals who are lawfully admitted permanent
residents of countries not subject to such sanctions;
or (ii) to anyone on the U.S. Treasury Department's
list of Specially Designated Nationals and Blocked
Persons or the U.S. Commerce Department's Table
of Denial Orders. By agreeing to these Terms and
Conditions of Use, you agree to the foregoing and
represents and warrants that you are not located
in, under the control of, or a national or resident
of any such country or on any such list.
13.
Applicable Laws
All matters relating
to your access to, and use of, the Site shall be
governed by U.S. federal law or the laws of the
State of Florida. Any legal action or proceeding
relating to your access to, or use of, the Site
shall be instituted in a state or federal court
in Ft. Lauderdale or Broward County, Florida. You
and Intertise, Inc. agree to submit to the jurisdiction
of, and agree that venue is proper in, these courts
in any such legal action or proceeding.
If you have any
questions regarding these Terms of Use, please contact
Intertise, Inc. at info@intertise.com.
If you have any other questions regarding the Site,
please contact Intertise, Inc.
Third Party
Usage Guidelines for Intertise, Inc. Trademarks
Intertise, Inc.'s
trademarks and service marks ("Intertise, Inc.
trademarks") are valuable assets that Intertise,
Inc. needs to protect. We ask that you help us by
properly using and crediting Intertise, Inc. trademarks
in accordance with these guidelines. For information
about proper use of Intertise, Inc. logos, logotypes,
signatures, and design marks, please contact us.
Permissible
Use
You may generally
use Intertise, Inc. trademarks to refer to the
associated Intertise, Inc. products or services.
For instance, an authorized reseller can note
in its advertisements that it is selling Intertise,
Inc. products. Similarly, a Intertise, Inc. customer
may issue a press release stating that it has
implemented Intertise, Inc. software.
Relationship
of Products or Services. You may indicate the
relationship of your products or services to Intertise,
Inc. products or services by using accurate, descriptive
taglines such as "for Intertise, Inc. products,"
"for use with Intertise, Inc. business intelligence
suite," and "works with Intertise, Inc.
software" in connection with your product
or service name. Within text or body copy, such
taglines may appear in the same type as your product
or service name. On product, packaging, advertising
and other collateral where your product or service
name is displayed apart from body copy, make sure
that the tagline appears in significantly smaller
type than your name. You should also distinguish
the tagline from your mark by using a different
font or color. However, Intertise, Inc. or the
tagline should never appear in the Intertise,
Inc. black/green colors. This is important to
avert any implication that your product or service
is produced or endorsed by Intertise, Inc.
Titles. Intertise,
Inc. permits use of its marks in single volume
book titles (not magazines or periodicals) where
such use is descriptive or referential. To avoid
misleading the public as to Intertise, Inc. sponsorship,
affiliation or endorsement, the Intertise, Inc.
mark must not appear more prominently than the
rest of the title, and do not use Intertise, Inc.
logos on the cover. In addition, we request that
you include a disclaimer of association with Intertise,
Inc. on the copyright page.
Prohibited
Use
You may not use
Intertise, Inc. trademarks in a manner which could
cause confusion as to Intertise, Inc. sponsorship,
affiliation or endorsement. Take particular care
not to use Intertise, Inc. marks as set out below.
Company, Product
or Service Names. Do not use Intertise, Inc. trademarks
or potentially confusing variations as all or
part of your company, product or service names.
If you wish to note the relationship of your products
or services to Intertise, Inc. products or services,
please use an appropriate tagline as detailed
above.
Logos. Intertise, Inc. generally does not permit
third party use of its logos or design marks,
and you should not use them unless you have express
written consent from Intertise, Inc. For more
information regarding use of Intertise, Inc. logos,
please contact us.
Trade Dress.
You must not imitate Intertise, Inc. trade dress,
type style or logos. For instance, do not copy
Intertise, Inc. packaging for use with your product
or display your product name in the distinctive
logotype associated with the Intertise, Inc. logo.
Domain Names.
Do not use Intertise, Inc. trademarks or potentially
confusing variations in your Internet domain name.
This helps prevent Internet users from being confused
as to whether you or Intertise, Inc. is the source
of the Web site.
Correct
Use
Proper use of
Intertise, Inc. trademarks reinforces their role
as brands for our products and services, and helps
prevent them from becoming generic names that
can be used by anyone. Examples of former trademarks
that became generic terms are "aspirin,"
"cellophane," and "escalator."
By adhering to the following rules, you help protect
Intertise, Inc.'s investment in its trademarks.
Use a generic term. You must use a generic term
in association with each Intertise, Inc. trademark
the first time the mark appears in text, and as
often as possible after that. You need not include
generic names in headlines, package titles and
documentation titles.
Use as adjectives. Intertise, Inc. trademarks
are adjectives and should not be used as verbs,
or in the possessive or plural form.
Avoid variations. Do not vary Intertise, Inc.
trademarks by changing their spelling or abbreviating
them.
Trademark
Symbols and Credit Lines
Proper trademark
attribution through trademark symbols and credit
lines helps makes the public aware of our trademarks,
and helps prevent them from becoming generic terms.
Credit lines also help clarify that they belong
to Intertise, Inc. Accordingly, Intertise, Inc.
would appreciate you attributing ownership of
Intertise, Inc. trademarks to Intertise, Inc.
Corporation by using trademark symbols (™
or SM or ®) and credit lines as detailed below.
Trademark
Symbols
U.S. Distribution
Only. On products, packaging, manuals, advertisements
and promotional materials distributed exclusively
in the U.S., use a trademark symbol with the most
prominent appearance of a Intertise, Inc. trademark
(e.g., in the headline of an advertisement). In
addition, a trademark symbol should accompany
the first use of a Intertise, Inc. trademark in
text or body copy.
Multinational
Distribution. For materials to be distributed
internationally (and in situations where you are
unsure as to whether distribution will be exclusively
domestic), only use a trademark symbol with the
term "Intertise, Inc." Use the ®
symbol with the most prominent appearance of the
"Intertise, Inc." mark on products,
packaging, manuals, advertisements, promotional
materials and Web pages (e.g., in the headline
of an advertisement), and the first use of the
mark in text or body copy. This includes situations
where "Intertise, Inc." is a part of
a product or service name.
Credit
Line
All products,
packaging, manuals, advertisements, promotional
materials and Web pages bearing Intertise, Inc.
trademarks should include a trademark attribution
line crediting ownership of Intertise, Inc. trademarks
to Intertise, Inc. Corporation. The credit line
remains the same for U.S. and international distribution:
"Intertise,
Inc." as a Trade Name
Trade names are
the actual business names of companies. Trademarks
and trade names are not the same, even though
many companies use their trade names as trademarks.
If you are using "Intertise, Inc." as
a substitute for Intertise, Inc. Corporation,
you are using it as a trade name. Because they
are nouns, trade names can be used in the possessive
and do not require a generic term or a trademark
symbol. Thus, you should not use a ® after
"Intertise, Inc." when it appears as
part of the full corporate name or as a trade
name.
Questions
If you have any
questions regarding Intertise, Inc. trademarks,
please contact the Intertise, Inc. (954) 224-0000
or info@intertise.com.
Third Party Usage Guidelines for Intertise, Inc.
Logos
General
Intertise, Inc.'s
logos, logotypes, signatures and design marks
("Intertise, Inc. logos") are valuable
assets that Intertise, Inc. needs to protect.
Accordingly, we ask that our business partners,
customers and other third parties follow these
guidelines with respect to Intertise, Inc. logos.
Intertise, Inc. generally does not permit third
parties to use its logos, and you should not do
so unless you have express written consent from
Intertise, Inc. We do have several programs, including
the 'Powered by Intertise, Inc.' program and Intertise,
Inc. Certified Professional program, which enable
qualified third parties to license the right to
use select logos.
Requests
If you wish to
use a Intertise, Inc. logo, please get in touch
with your regular Intertise, Inc. contact who
should work directly with Intertise, Inc. marketing.
If you do not have a regular contact, please forward
the following to info@intertise.com.
1. A written
summary setting forth: (a) your name and your
company's name; (b) contact information including
phone number, fax number, email address and mailing
address; (c) the specific Intertise, Inc. logo
that you wish to use; (d) background information
on your company, detailing any relationship with
Intertise, Inc.; (e) the names of any Intertise,
Inc. contacts; (f) a description of your proposed
use of the logo, including why you want to use
the logo, where the logo would appear, the duration
and geographical extent of the proposed use, how
the logo would be displayed relative to your corporate
name and logo, and whether the Intertise, Inc.
logo would be one of various logos appearing;
(g) a description of Intertise, Inc.'s involvement
in any program or project in association with
which you propose to use the Intertise, Inc. logo;
and (h) any previous correspondence you have had
with Intertise, Inc. regarding this logo request.
2. A mock-up
or sample drawing showing your proposed use.
Following submission, Intertise, Inc. will evaluate
the request and contact you if additional information
is necessary. You will then be notified whether
the request is approved. The normal turnaround
time for such requests is one week. If approval
is granted, you will be sent formal written authorization
to use the logo, electronic artwork and usage
guidelines where appropriate.
Proper
Use
Third parties
expressly licensed to use Intertise, Inc. logos
must not alter or modify them in any way. Make
sure to use Intertise, Inc. approved artwork and
refer to the appropriate identity guidelines provided
by Intertise, Inc.
Questions
If you have any
questions regarding use of Intertise, Inc. logos,
please contact us.
