Terms And Condition
Terms and Conditions
The following Terms & Conditions contained herein on this webpage, are entered into by and between You and i/o Software, Inc., and shall govern your use of this website, including all pages within this website. These Terms and Conditions apply in full force and effect to your use of this website and by using this website, you expressly accept all terms and conditions contained herein in full. You must not use this website, if you have any objection to any of these website standard Terms & Conditions.
Definitions
Company, We, Us: i/o Software, Inc., as the creator, operator and publisher of the website, makes the website and certain services on it available to users. Company, Us, Our and We will refer to i/o Software, Inc., as well as all employees and affiliates of the i/o Software, Inc.
You, Client, User: You, as the user of the i/o Software, Inc. website will be referred throughout this agreement as you, your, yours, or as user the client.
Intellectual Property
Other than the content you own, under these Terms and Conditions, i/o Software, Inc. and/or its licensors own all the intellectual property rights and materials contained in this website. You are granted a non-exclusive, non-transferable, revocable license to access and use the Website and the resources available for access from the website strictly in accordance with these Terms and Conditions. As a condition of your use of the website, you warrant to the Company that you will not use the website or any of the resources available for access from the website for any purpose that is unlawful or prohibited by these Terms and Conditions. You may not use the website or any of the resources available for access from the website in any manner that could damage, disable, overburden, or impair the website or interfere with any other party’s use and enjoyment of the website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the website.
All content included as part of the service, such as text and logos, as well as the compilation thereof, and any software used on the website, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
Restrictions
Certain areas of this website are restricted from being accessed by you and i/o Software, Inc. may further restrict access by you to any areas of this website, at any time, in absolute discretion. Any user ID and password you may have for this website are confidential and you must maintain utmost confidentiality. You must not:
- publish any website material in any other media;
- use this website in any way that impacts user access to this website;
- sell, sublicense and/or otherwise commercialize any website material;
- use this website to engage in any advertising or marketing;
- engage in any data mining, data harvesting, data extracting or any other similar activity in relation to this website;
- use this website in any way that is or may be damaging to this website;
- publicly perform and/or show any website material;
- use this website contrary to applicable laws and regulations, or in any way may cause harm to the website, or to any person or business entity;
Content
As per the website Terms & Conditions, ‘Content’ shall mean any audio, video text, images or other material you choose to display on this website. i/o Software, Inc. reserves the right to remove any of the ‘Content’ from this website at any time without notice.
Spam Policy
You are strictly prohibited from using the website or any of the i/o Software, Inc.’s services from illegal spam activities, including gathering email or sending any mass commercial emails.
Limitation of liability
In no event shall i/o Software, Inc., nor any of its officers, directors and employees, shall be held liable for anything arising out of or in any way connected with your use of this website whether such liability is under contract or otherwise. i/o Software, Inc., including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this website.
You agree to absolve the company of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of the information contained on this website and/or the resources you may access from this website. You agree that the company shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of this website.
The information, software, products, and services included in or available through the website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. The company and/or its suppliers may make improvements and/or changes in the website at any time.
The company and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the website for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind. The company and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
To the maximum extent permitted by applicable law, in no event shall the company and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the website, with the delay or inability to use the website or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise, even if the company or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the website, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the website.
No Warranties
The company makes no warranties regarding the performance or operation of this website. The company further makes no representations or warranties of any kind, express or implied, as to the information, content, materials, documents, product or services included on or through this website. To the fullest extent permissible under the law, the company disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose.
Severability
If any provision of these Terms and Conditions is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.
Variation of Terms
i/o Software, Inc. is permitted to revise these Terms at any time as it sees fit in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the website thereafter. Your continued use of the website following the posting of revised Terms and Conditions means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Assignment
i/o Software, Inc. is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
No Joint Venture or Other Relationship
You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this agreement or use of the website. The Company’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the Company’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the website or information provided to or gathered by the Company with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Termination and Access Restriction
The Company reserves the right, in its sole discretion, to terminate your access to the website and the related services or any portion thereof at any time, without notice, to extent otherwise not permitted via separate written agreement. To the maximum extent permitted by law, and you hereby consent to resolve any and all disputes arising under or related to this website or the Terms and Conditions pursuant to the Arbitration Clause above. Use of the website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms & Conditions, including, without limitation, this section.
Governing Laws & Jurisdiction
These Terms will be governed by and interpreted in accordance with the laws of the United States of America, and you submit to the non-exclusive jurisdiction of the state and federal courts located in the United States of America for the resolution of any disputes.
Indemnification
You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the website or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.
Arbitration
You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to this website, the Company, any and all contracts you enter into with the Company, and any and all of the Company’s products and services.
To the extent that you attempt to assert any such claim, or such claim is not subject to wavier as set forth herein, you hereby expressly agree to present such claim only through binding arbitration to occur in Washington, DC. You further agree to and do hereby waive any right to class arbitration and agree, instead, to conduct an arbitration related solely to any individual claims you and/or any entity related to you asserts against the Company. To the fullest extent permissible by law, you further agree that you shall be responsible for all costs associated with initiating the arbitration and for the administration of the arbitration.
Agreement
These Terms constitute the entire agreement between i/o Software, Inc. and you in relation to your use of this website, and supersede all prior agreements and understandings, whether electronic, oral or written between You and the Company with respect to the website.
These terms and conditions were last updated on November 19, 2020.
