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Last Modified: August 2, 2022
Welcome to www.innive.com operated and owned by Innive Inc. (“Company”, “we” or “us”). The following terms and conditions together with any documents they expressly incorporate by reference, collectively, these “Terms of Service”, govern your access to and use of the www.innive.com website
and www.innive.com mobile site (collectively, the “Properties”), including any content, functionality and services offered on or through the Properties, whether as a guest or a registered user. Please read the Terms of Service carefully prior to using the Properties. By using the Properties or by clicking accept/agree to the Terms of Service, you accept and agree to be bound and abide by these Terms of Service and our Innive Privacy Policy found at Innive, Innive address 5717 Legacy Dr, suite 250, Plano, TX 75024 incorporated herein by reference. These Terms of Service will govern your use of the Properties on or through any device, including but not limited to a computer, mobile device, and mobile application. If you do not wish to agree to these Terms of Service or the Innive Privacy Policy, you must not access or use the Properties.
We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Properties thereafter. However, any changes to the dispute resolution provisions set forth herein will not apply to any disputes for which the parties have actual notice on or prior to the date the change posted on the Properties. Your continued use of the Properties following the posting of revised Terms of Service is confirmation that you accept and agree to the changes. You are expected to check this page each time you access the Properties so you are aware of any changes as they are binding on you. Any updates, changes, or modifications to the Terms of Service will be posted on this page.
We reserve the right to withdraw or amend the Properties, and any service or material we provide on the Properties, in our sole discretion without notice. We will not be liable if for any reason, all or any part of the Properties is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Properties, or all of the Properties.
You are responsible for: making all arrangements necessary for you to have access to the Properties; and ensuring that all individuals who access the Properties through your internet connection are aware of these Terms of Service and comply with them.
To access the Properties or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Properties that all of the information you provide on the Properties is correct, current and complete. You agree that all information you provide to register with the Properties or otherwise, including but not limited to through the use of any interactive features on the Properties, is governed by us at www.innive.com and you consent to all actions we take with respect to your information consistent with our Innive Privacy Policy.
If you choose, or are provided with a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Properties or portions of it, using your username, password or other security information. You agree that it is your responsibility to protect and maintain the secrecy of your username, password and security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disclose, access, or preserve any username, password, or other identifier, whether chosen by you or provided by us, and any content provided by you, at any time if: required to do so by law; if in our opinion, you have violated any provision of these Terms of Service or Innive Privacy Policy; to enforce this Agreement; to protect the rights of any third party; or to provide services to you.
The Properties and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video, audio, and the design, selection, and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Any comments, changes and/or suggestions on improvement to the Properties, made by you, shall at all times remain the property of the Company. If assignment is needed to effectuate Company’s ownership of the comments/suggestions/changes, you assign to Company any and all rights, title, and interest therein, perpetually.
These Terms of Service permit you to use the Properties for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our properties, except as follows:
You must not:
You must not access or use for any commercial purposes any part of the Properties or any services or materials available through the Properties. If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Properties in breach of the Terms of Service, your right to use the Properties will cease immediately and you must, at our option, return or destroy any copies of the materials you may have made. No right, title or interest in or to the Properties or any content on the Properties is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Properties not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.
The Company name, the terms, the Company logo and all related names, logos, product and service names, designs, and slogans, are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company.
You may use the Properties only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Properties:
The Properties may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Properties. All User Contributions must comply with the Content Standards set out in these Terms of Service. You submit any User Contributions at your own risk. By providing any User Contribution on the Properties, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the worldwide, perpetual, royalty-free, sublicensable, right to use, reproduce, modify, perform, display, create derivative works from, distribute and otherwise disclose to third parties any such material for any purpose, according to your account settings and subject to our Innive Privacy Policy.
You represent and warrant that: you own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers and each of
their and our respective licensees, successors and assigns; you will and all of your User Contributions do and will comply with these Terms of Service and applicable laws, rules, and regulations.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Properties, and
your User Contributions shall be subject to your indemnification obligations as set forth herein.
We have the right to:
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Properties. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY, OR ANY OF THE FOREGOING PARTIES, DURING OR AS RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY, SUCH PARTIES, OR LAW ENFORCEMENT AUTHORITIES.
Please note that we cannot review all materials before it is posted on the Properties, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety, comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
If you believe that any User Contributions violate your copyright, please see our DMCA Policy set forth below for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.
The information presented on or through the Properties is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Properties, or by anyone who may be informed of any of its contents. The Properties may include content provided by third parties, including materials provided by other users, bloggers and third-party
licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials.
These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
We may update the content on the Properties from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Properties may be out of date at any given time, and we are under no obligation to update such material.
All information we collect on the Properties is subject to our Innive Privacy Policy. By using the Properties, you consent to all actions taken by us with respect to your information in compliance with the Innive Privacy Policy.
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent. You must further provide a disclaimer of disassociation to the extent we request same in writing.
The Properties may provide certain social media features that enable you to: link from your own or certain third-party applications to certain content on the Properties; send e-mails or other communications with certain content or links to certain content on the Properties; or cause limited portions of content on the Properties to be displayed or appear to be displayed on your own or certain third-party applications.
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not: establish a link from any Properties; cause the Properties or portions of it to be displayed or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site; link to any part of the Properties other than the homepage; or otherwise take any action with respect to the materials on the Properties that is inconsistent with any other provision of these Terms of Service. We may disable all or any social media features and any links at any time without notice in our discretion.
If the Properties contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If
you decide to access any of the third-party applications linked to the Properties, you do so entirely at your own risk and subject to the terms and conditions of use, including the Innive Privacy Policy of such third-party applications.
Company takes claims of copyright infringement seriously and will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on this site or from this site (the “Website”) If you believe any materials infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
Our designated Copyright Agent to receive DMCA Notices is:
General Counsel, Copyright Agent
C/o Innive Inc
5717 Legacy Dr, suite 250, Plano, TX 75024
info@inniveinc.com
Please be aware that if you knowingly materially represent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512 (f) of the DMCA.
If you believe that material you posted on the Website was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) by submitting written notification to our copyright agent (identified below). Pursuant to the DMCA, the Counter-Notice must include substantially the following:
Completed Counter-Notices should be sent to:
General Counsel, Copyright Agent
C/o Innive Inc
5717 Legacy Dr, suite 250, Plano, TX 75024
info@inniveinc.com
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
We provide the Properties for use only by persons located in the United States. We make no claims that the Properties or any of its content is accessible or appropriate outside of the United States. Access to the Properties may not be legal by certain persons or in certain countries. If you access the Properties from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Properties will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PROPERTIES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PROPERTIES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY APPLICATION LINKED TO IT.
YOUR USE OF THE PROPERTIES, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PROPERTIES IS AT YOUR OWN RISK. THE PROPERTIES, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PROPERTIES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY, ANY THIRD PARTY, OR ANY PERSON ASSOCIATED WITH THE COMPANY MAKE ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE PROPERTIES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY, ANY THIRD PARTY, OR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE PROPERTIES, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PROPERTIES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE PROPERTIES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PROPERTIES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, AGENTS, AND ITS AND THEIR RESPECTIVE EMPLOYEES, AGENTS, ASSIGNS, CONTRACTORS, SUPPLIERS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PROPERTIES, ANY APPLICATIONS LINKED TO IT, ANY CONTENT ON THE PROPERTIES OR SUCH OTHER APPLICATIONS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OF ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT, INCLUDING NEGLIGENCE, BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors, agents, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees, including attorneys’ fees arising out of or relating to: your violation of these Terms of Service; your use of the Properties, including, but not limited to, your User Contributions, any use of the Properties’ content, services and products other than as expressly authorized in these Terms of Service or your use of any information obtained from the Properties; any infringement of any copyright, patent, trademark, trade secret, right of publicity, or any other proprietary or intellectual property right; any security breach or misappropriation or loss of Confidential Information; violation of any law, rule, or regulation; or any act or omission by you.
All matters relating to the Properties and these Terms of Service and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Texas, without giving effect to any choice or conflict of law provision or rule, whether of the State of Texas or any other jurisdiction. Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the Properties shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas, in each case located in the City of Dallas and County of Dallas, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Service in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE PROPERTIES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIMS IS PERMANENTLY BARRED.
No waiver by the Company of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition, or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
The Company may assign or delegate these Terms of Service and Innive Privacy Policy at any time without consent. You may not assign or delegate any rights provided hereunder without Company’s prior written consent.
The Terms of Service, the DMCA Policy and our Innive Privacy Policy constitute the sole and entire agreement between you and Company with respect to the Properties and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Properties.
The Properties are operated by Innive Inc. All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy set forth herein, in the manner and by the means set forth therein. All other feedback, comments, requests for technical support and other communications related to the Properties should be directed to: info@inniveinc.com
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