By registering with INTERSECT through this website or mobile application, or using any of the Services, you understand and agree that you have established a business relationship between you and INTERSECT. YOU AGREE THAT INTERSECT MAY CONTACT YOU BY TELEPHONE AT THE NUMBER(S) YOU PROVIDE OR BY EMAIL OR MAIL AT THE ADDRESS YOU PROVIDE REGARDING OTHER PRODUCTS OR SERVICES OFFERED BY OR THROUGH INTERSECT EVEN IF YOUR TELEPHONE NUMBER OR EMAIL IS ON A DO-NOT-CALL REGISTRY OR SIMILAR LIST. With any email communication, INTERSECT will provide a means by which you may opt-out of further communication.
A. Authorized Use of Services.
Subject to the terms and conditions of this agreement and payment of any applicable fees, INTERSECT grants you a fully revocable, non-exclusive, non-transferable, non-sublicensable, limited license to use, view and print documents or information relating to the Services, for authorized, legal, personal and commercial uses limited to your own internal business purpose, subject to the following terms and conditions. The license granted under this agreement is subject to the Restrictions on Use identified within this agreement.
a. The Services may be used by you and will not be distributed to others who are not acting for you.
b. You will not charge any fee to any person in connection with the Services or any information obtained by you through the Services
c. The Services or information obtained through the Services will not be modified by you in any way.
d. You will not use the Services to increase traffic to a website for commercial reasons. You will not modify, reformat, mirror, copy, reproduce, distribute, publish, perform, download, display, post, translate, transmit or otherwise use any elements of the Services, including without limitation any portion of the mobile application or content obtained through them.
e. All copyright or other proprietary notices that appear in connection with the Services, or the materials downloaded or printed from the mobile application, will appear on any copy of the document or portion that you make.
B. Restrictions on Use
b. You shall comply with all applicable federal, state and local laws and regulations of any kind governing fair information practices and consumersâ€™ rights to privacy, including without limitation, any applicable non-solicitation laws and regulations.
c. You shall not use the Services in any way that (i) infringes on any third partyâ€™s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy, (ii) violates any law, statute, ordinance or regulation (including without limitation the laws and regulations governing unfair competition, anti-discrimination or false advertising), or (iii) is defamatory, trade libelous, unlawfully threatening or unlawfully harassing to INTERSECT or third parties. You shall not remove, alter or obscure any proprietary notices in the Services or other materials provided by INTERSECT hereunder and shall reproduce all such notices on all copies or portions thereof.
d. You are an adult resident of the United States of America, including its Commonwealths and Territories (collectively, the “USA”) or Canada. The Services may be accessed from countries around the world and may contain references to products or services that are not available where you are located or reside. These references do not imply that INTERSECT currently offers or intends to offer such products or services in your country. The license granted by INTERSECT to use the Services does not include the right to copy or distribute any portion of the Services, such as layout or design of the mobile application, or logos, graphics, sounds, or images. Elements of the Services, including the mobile application, are protected by copyright, trade dress, or other laws and may not be imitated in whole or in part.
e. You shall not use any automated system, including without limitation any robot, spider, web crawler, scrapers, offline readers deep linking or other automatic or manual device, tool or process to access, monitor, retrieve, data mine, reproduce or circumvent any portion of the Services, or in any way circumvent the navigational structure or presentation of the Services or portion thereof. You may not attempt to gain unauthorized access to any portion of the Services by any means. You agree that you will not attempt to modify, adapt, reverse engineer, decompile, translate or disassemble any portion of the Services or otherwise attempt to derive the source code or underlying ideas, programs or algorithms associated with the Services. Any unauthorized use or misuse of the Services may be a cause for terminating your right to use the Services, including the mobile application.
To ensure that INTERSECT provides a high-quality experience for you, you agree that INTERSECT or its representatives may investigate complaints, allegations of abuse, infringement of third-party rights, or other unauthorized uses of the Services. INTERSECT will not disclose such an investigation unless required to do so by law. INTERSECT will cooperate fully with any law enforcement agencies in their investigation of the violation of any applicable laws.
A. General. INTERSECT shall have the right to change pricing for Services at any time in its sole discretion. Unless otherwise provided, you shall pay INTERSECT the fees stated based on the then-current pricing available (â€œFeesâ€) on via a credit card for which you are authorized to use for payment for the requested Services. You represents and warrants to INTERSECT that you are authorized to use such credit card for payment of the Services and You shall be responsible to INTERSECT for all Fees.
B. Taxes. Fees are exclusive of sales, use, ad valorem, personal property and other taxes (other than taxes on INTERSECTâ€™s net income), which are the responsibility of you. INTERSECT shall charge you applicable sales tax, unless you provides INTERSECT with a valid tax exemption certificate prior to payment of an order for Services, and you shall be responsible for filing all other taxes. Such exemption certificate must be in a form authorized by the appropriate taxing authority. you shall indemnify, defend and hold harmless INTERSECT and its stockholders, from and for any obligations, taxes, penalties and other costs relating to any failure to properly pay such taxes.
C. No Refunds. SALE OFTHE SERVICES ARE FINAL, REFUNDS WILL NOT BE PROVIDED FOR ANY REASON.
6. Intellectual Property Notices
8. Links to Other Websites and Related Disclaimer
The Services may include links to other websites, content or services beyond the control of INTERSECT. INTERSECT provides you with these links solely for your convenience. Some of these websites, content or services may be co-branded (i.e., bear the name and/or logo of both a third party service provider and INTERSECT). The provision of any link to another service provider does not signify an endorsement by INTERSECT of the service provider’s website or the services offered by that service provider. INTERSECT has no control over, does not review, and cannot be responsible for the information contained on other websites or provided by third parties. INTERSECT does not make any representations regarding the content, accuracy, completeness, decency, legality, non-infringement, quality or any other aspect of such third-party websites, content, or services. INTERSECT is not responsible for and does not assume any liability with respect to the content, privacy practices or otherwise of third parties.
Your use of such third party websites, content or services will be subject to terms and conditions of that third party. YOU AGREE THAT INTERSECT WILL NOT BE RESPONSIBLE OR LIABLE FOR LOSS OR DAMAGE YOU MAY INCUR AS THE RESULT OF A TRANSACTION YOU ENTER INTO THROUGH THE WEB SITE OR SERVICES OF A THIRD PARTY.
9. Potential Disruption of Service
INTERSECT does not guarantee that the Services, or any content contained within or accessible through Services, will always be available or uninterrupted. Access to the Services may from time to time be unavailable, delayed or limited due to, among other things: hardware failure; software failure, including among other things, bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls or screening programs, unreadable codes, or content irregularities; system overload; damage caused by severe weather, natural disasters, war or acts of God; terrorism; interruption of power supplies; strike or other stoppage of labor; governmental or regulatory restrictions; or any other cause whatsoever beyond the control of INTERSECT. INTERSECT is not liable to you if, for any reason, the Services are unavailable at any time or for any period.
10. Proprietary Information
â€œProprietary Informationâ€ means the Services and other data, manuals, documentation, software programs, algorithms, and other information that may be disclosed or provided to you in the course of providing the Services, and all intellectual property rights thereon. The Proprietary Information is and remains the sole and exclusive property of INTERSECT. You shall have only the limited rights to the Proprietary Information expressly granted in this Agreement, and all rights in the Proprietary Information not expressly granted by INTERSECT are reserved. Only INTERSECT shall have the right to alter, maintain, enhance or otherwise modify the Proprietary Information. You shall not disassemble, decompile, manipulate or reverse engineer the Proprietary Information and shall take all necessary steps to prevent such disassembly, decompiling, manipulation or reverse engineering of the Proprietary Information. Under no circumstances shall you sell, license, publish, display, copy, distribute, or otherwise make available the Proprietary Information, in whole or in part, in any form or by any means, except as expressly permitted by this Agreement, including without limitation, the transfer to a third party. You shall take all reasonable steps, in accordance with best industry practices, to protect the security of the Proprietary Information and to prevent its unauthorized use or disclosure. You are responsible for all access to and use of the Proprietary Information by means of your mobile device, whether or not you have knowledge of or authorize such access or use.
ANY USE BY YOU OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED â€œAS ISâ€ WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, AVAILABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, THIS DISCLAIMER MAY NOT APPLY. INTERSECT NEITHER ASSURES, NOR ASSUMES ANY LIABILITY TO ANY PERSON OR ENTITY FOR, THE PROPER PERFORMANCE OF SERVICES. INTERSECT DOES NOT REPRESENT OR WARRANT THAT THE SERVICES ARE COMPLETE OR FREE FROM ERROR, AND DOES NOT ASSUME, AND EXPRESSLY DISCLAIMS, ANY LIABILITY TO ANY PERSON OR ENTITY FOR LOSS OR DAMAGE CAUSED BY ERRORS OR OMISSIONS IN THE SERVICES, WHETHER SUCH ERRORS OR OMISSIONS RESULT FROM NEGLIGENCE, ACCIDENT OR OTHER CAUSE. You SHALL BE SOLELY RESPONSIBLE FOR OBTAINING ANY AND ALL NECESSARY LICENSES, CERTIFICATES, PERMITS, APPROVALS OR OTHER AUTHORIZATIONS REQUIRED BY FEDERAL, STATE OR LOCAL STATUTE, LAW OR REGULATION APPLICABLE TO YOUR USE OF THE SERVICES. INTERSECT MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE LEGALITY OR PROPRIETY OF THE USE OF THE SERVICES IN ANY JURISDICTION, STATE OR REGION.
The materials, information, products, and services included in or available through the Services, including the images, text, databases, photos, custom graphics, compilation, assembly, and the overall look and distinctiveness of the mobile application, are provided “as is” and “as available.” INTERSECT disclaims all express or implied representations, warranties, guaranties, and conditions, including implied warranties or conditions of merchantability, fitness for a particular purpose, title, or non-infringement. Neither INTERSECT nor its licensors make any representations, warranties, or guaranties as to the quality, reliability, suitability, truth, accuracy, or completeness of the Services. INTERSECT disclaims any representation or warranty that the Services will be available at any particular time or from any particular location OR that any defects or errors will be corrected. The Services may include inaccuracies or typographical errors. Your use of the Services is solely at your risk.
WE MAY CHANGE OR DISCONTINUE ANY ASPECT OR FEATURE OF THE SERVICES, OR THE USE OF ALL OR ANY FEATURES OR TECHNOLOGY IN THE SERVICES, OR THE THIRD PARTY CONTENT AT ANY TIME WITHOUT PRIOR NOTICE TO YOU. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO CEASE USE OF THE SERVICES.
SHOULD THE SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. WE DISCLAIM ANY IMPLIED OR STATUTORY WARRANTIES (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SERVICES; OR (II) THAT THE SERVICES WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; OR (III) REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED BY OR ACCESSIBLE THROUGH THE SERVICES. NO COMMUNICATION, INFORMATION OR ADVICE GIVEN BY US OR ANY REPRESENTATIVE OF OURS, WHETHER WRITTEN OR ORAL, SHALL CREATE ANY WARRANTY. INTERSECT IS NOT OBLIGATED TO PROVIDE ANY UPDATES OR UPGRADES TO THE SERVICES. THE INCLUDED PROGRAM AND SOURCE CODE MAY NOT BE MODIFIED AND DISTRIBUTED FOR COMMERCIAL GAIN AS A NEW PRODUCT. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS AND CONDITIONS.
You also may have other rights, which may vary from state to state and jurisdiction to jurisdiction.
12. Limitation of Liability
13. Indemnification of INTERSECT
15. Dispute Resolution
YOU AGREE THAT YOUR USE OF SERVICES CONSTITUTES A TRANSACTION IN INTERSTATE COMMERCE AND THAT any claim or controversy arising out of or relating to the use of the Services or to any acts or omissions for which you may contend INTERSECT is liable, including but not limited to any claim or controversy as to arbitrability (“Dispute”), shall be finally, and exclusively, settled by arbitration PURSUANT TO THE FEDERAL ARBITRATION ACT, 9 U.S.C. Â§ 1 ET SEQ. This section is deemed to be a written agreement to arbitrate pursuant to the Federal Arbitration Act and is intended to satisfy the writing requirement thereunder. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and that the right to discovery may be more limited in arbitration than in court.
YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. IF ANY COURT OR ARBITRATOR DETERMINES THAT THE CLASS-ACTION WAIVER SET FORTH IN THIS SECTION IS VOID OR UNENFORCEABLE FOR ANY REASON, OR THAT AN ARBITRATION CAN PROCEED ON A CLASS BASIS, THEN THE ARBITRATION PROVISION SET FORTH ABOVE SHALL BE DEEMED NULL AND VOID IN ITS ENTIRETY AND THE PARTIES SHALL BE DEEMED TO HAVE NOT AGREED TO ARBITRATE DISPUTES.YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY.
The arbitration will be held before one arbitrator under the arbitration rules of the American Arbitration Association (“AAA”) in force at that time. The arbitration will be conducted in Orange County, California. The arbitrator will be selected pursuant to the AAA rules. Should no AAA rule regarding the selection of an arbitrator be in effect, you will select an arbitrator from a panel of arbitrators acceptable to INTERSECT. In any arbitration, INTERSECT will pay the filing fee, plus the costs associated with the first day of arbitration, with the remaining costs of arbitration paid by the non-prevailing party. To begin the arbitration process, a party must make a written demand.
Should a dispute arise and should the arbitration provisions become inapplicable or unenforceable, you agree that jurisdiction over and venue of any suit will be exclusively in the state and federal courts sitting in Orange County, California. If either party employs attorneys to enforce any right in connection with any dispute or lawsuit the prevailing party is entitled to recover reasonable attorneys’ fees.
16. Claims of Copyright Infringement; Digital Millennium Copyright Act Policy.
This policy is intended to implement the procedures described in Title II of the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (â€œDMCAâ€) for the reporting of alleged copyright infringement. INTERSECT respects the legitimate rights of copyright owners, their agents, and representatives. Users of any part of the Services are required to respect the legal protections provided by applicable copyright law.
Any claim of copyright infringement should include sufficient information to enable us to evaluate your claim and to take appropriate action. A notice of alleged copyright infringement to the Designated Agent must include the following:
a. An electronic or physical signature of the copyright owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
b. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notice, a representative list of such works at that site.
c. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit INTERSECT to locate the material.
d. Information reasonably sufficient to permit INTERSECT to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
e. A statement that the complaining party has a good faith belief that use of the material in the matter complained of is not authorized by the copyright owner, its agent, or the law.
f. A statement that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
It is expected that all users of any part of the Services will comply with applicable copyright laws. However, if INTERSECT is notified of claimed copyright infringement, or otherwise becomes aware of facts and circumstances from which infringement is apparent, it will respond expeditiously by removing, or disabling access to, the material that is claimed to be infringing or to be the subject of infringing activity. INTERSECT will comply with the appropriate provisions of the DMCA in the event a counter notification is received by its Designated Agent.
Under appropriate circumstances, INTERSECT may, in its discretion, terminate authorization of users of the Services who are repeat infringers.
17. General Provisions
a. Relationship of Parties. Neither party is nor shall be a partner, joint venturer, agent or representative of the other party solely by virtue of this Agreement. Neither party has the right, power or authority to enter into any contract or incur any obligation, debtor liability on behalf of the other party.
e. Performance. INTERSECT shall not be liable for any delay or failure in its performance of any of the acts required by this Agreement when such delay or failure arises for reasons beyond INTERSECTâ€™s reasonable control.
Attn: Legal Department
40 Pacifica, Ste. 900
Irvine, CA 92618
k. Survival. The following sections shall survive termination of the Agreement and shall continue in effect until fully satisfied: Restrictions on Use, Fees, Term of Use, Proprietary Information, Limitations of Services, Disclaimer, Limitation of Liability, Customerâ€™s Indemnification, and General Provisions.