Last Revised: January, 2016
1. User Submissions and Content
Insite Technology may provide inter-Insite Technology areas on the Insite Technology sites, in which users may post communications. You understand that all information (including your member name or user name), data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Insite Technology, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Insite Technology Sites. Insite Technology does not control the Content posted via the Insite Technology Sites and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Insite Technology Sites, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Insite Technology be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Insite Technology Sites. You further understand that the internet has no geographical boundaries, and you therefore agree to comply with all local rules regarding online conduct and acceptable Content. Speciﬁcally, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. Insite Technology does not claim ownership of any Content submitted and/or posted by you on any Insite Technology Site(s). However, by submitting and/or posting any Content to the Insite Technology Sites, you grant Insite Technology a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such Content. You also permit any subscriber to access, display, view, store and reproduce such content for personal use. In consideration of being allowed to use the Insite Technology interInsite Technology areas and Insite Technology Sites, you agree not to:
You understand that the technical processing and transmission of the Insite Technology Sites, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Insite Technology Sites and software embodied within the Insite Technology Sites may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Insite Technology and/or content providers who provide content to the Insite Technology Sites. You may not attempt to override or circumvent any of the usage rules embedded into the Insite Technology Sites. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Insite Technology Sites, in whole or in part, is strictly prohibited.
Should you choose to submit any ideas, suggestions, documents, and/or proposals (“Submissions”) to Insite Technology through any of its media, you acknowledge and agree that: (i) your Submissions do not contain conﬁdential or proprietary information; (ii) Insite Technology is not under any obligation of conﬁdentiality, express or implied, with respect to the Submissions; (iii) Insite Technology shall be entitled to use or disclose (or choose not to use or disclose) such Submissions for any purpose, in any way, in any media worldwide; (iv) Insite Technology may have something similar to the Submissions already under consideration or in development; (v) your Submissions shall automatically become the property of Insite Technology without any obligation of Insite Technology to you; and (vi) you are not entitled to any compensation or reimbursement of any kind from Insite Technology under any circumstances.
2. Links; Third Party Services; Promotional Messages
As a convenience to our members, we may provide links to third-party web sites. The linked sites are not under our control, and we make no representations as to the quality, suitability, functionality or legality of any sites to which we may provide links. You hereby waive any claim you might have against Insite Technology with respect to such sites.
In addition, you may order services or merchandise through the Insite Technology Sites from other persons not afﬁliated with Insite Technology ("Seller"). For example, you may choose to register for a sporting event and purchase event-related merchandise on the Insite Technology Sites. All matters concerning the merchandise and services desired from a Seller, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the Seller. Insite Technology makes no warranties or representations whatsoever with regard to any goods or services provided by Sellers. You will not consider Insite Technology, nor will Insite Technology be construed as, a party to such transactions, whether or not Insite Technology may have received some form of revenue or other remuneration in connection with the transaction. You agree that Insite Technology will not be liable for any costs or damages arising out of such transactions, either directly or indirectly. Insite Technology and/or third parties may, from time to time, send e-mail messages to you containing advertisements, promotions, etc. Insite Technology makes no representation or warranty with respect to the content of any such e-mail messages or any goods or services which may be obtained from such third parties, and you agree that neither Insite Technology nor such third party shall have any liability with respect thereto. You further agree to receive certain periodic communications from Insite Technology such as newsletters, content, messages, and announcements, and that these communications are considered part of your access of the Insite Technology Sites and services and that you may not be able to opt out of receiving such communications in every instance.
3. Registration and Password
You are responsible for maintaining the conﬁdentiality of your login ID and password (your "registration"). You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify Insite Technology of any unauthorized use of your registration. You further represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (i) provide true, accurate, current and complete information about yourself as submitted to Insite Technology, and (ii) maintain and promptly update your registration information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Insite Technology has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete. Insite Technology has the right to immediately suspend or terminate your account and refuse any and all current or future use of the Insite Technology Sites or related products and services (or any portion thereof). Insite Technology makes every effort to protect individual privacy and personal information, and is particularly concerned about child privacy. Parents of children under the age of 13 who wish to allow their children access are required to provide their consent for any registration. By creating such a registration involving your child under the age of 13, you certify that you are at least 18 years old or that you are the parent or legal guardian of the child/children listed on the registration. Unless you have notiﬁed us otherwise, You also give your child permission to access many areas of the Insite Technology Sites related to the registration, including email, message boards and other registration related information. Please remember that the Insite Technology Sites and Insite Technology services are intended to apply to a broad audience. Accordingly, as the parent or legal guardian, it is your responsibility to determine whether any of the Insite Technology Sites areas and/or content are appropriate for your child.
Charges and Billing For Certain Insite Technology Sites. Certain of the Insite Technology Sites, require payment of access fees. By registering for those Insite Technology Sites, you hereby authorize Insite Technology to charge your credit card in advance for all applicable fees incurred by you in connection with your chosen service and registration for your account. You hereby understand and agree that in most cases, Insite Technology will be charging your designated credit card in accordance with the payment schedule of the service for which you have registered, but some service fees may accumulate on your credit card account before they are actually charged to your credit card. You further understand and agree that it is your responsibility to notify Insite Technology of any changes to your credit card or if your credit card has expired otherwise your access to the Service may be disconnected or interrupted. All fees shall be paid in U.S. dollars.
Insite Technology reserves the right to change any fees (which includes but is not limited to, charging a fee for packages, options, upgrades and/or a Service for which Insite Technology does not currently charge a fee) or billing methods at any time, provided, however, that such modiﬁcations shall not take effect earlier than thirty (30) days after Insite Technology posts such modiﬁcation on the applicable Insite Technology Site(s). Insite Technology also has the right to collect applicable taxes and impose premium surcharges for some areas of the Service and these surcharges may apply immediately after you register for the associated service. You may cancel your Account or any associated optional or upgraded services therefore at any time, but Insite Technology will not refund any remaining portion of your pre-paid fees and you may be charged an additional cancellation fee. You agree to pay your Account balance on time. You also agree to pay any taxes, including sales or use taxes, resulting from your use of the Service. Amounts not paid by you to Insite Technology when due will be assessed an additional 1.5% (or the highest amount allowed by law, whichever is lower) per month if your payment is more than thirty (30) days past due. That amount is also due immediately. You are responsible and liable for any fees, including attorney and collection fees, that Insite Technology may incur in its efforts to collect any remaining balances due from you. This section titled Charges and Billing For Certain Insite Technology Sites shall in no way limit any other remedies available to Insite Technology. You also understand and agree that you will be billed for and will pay any outstanding balances if you cancel your account or your account is terminated. You must notify Insite Technology of any billing problems or discrepancies within sixty (60) days after they ﬁrst appear on your credit card account statement. If you do not notify Insite Technology within sixty (60) days, you waive any right to dispute such problems or discrepancies.
Donations on Insite Technology Sites. There is no upfront charge to you for using Insite Technology’s Sites permitting the submission of monetary donations. However, each online donation will require the organization to pay a processing and handling charge equal to 4.9% of the donated amount (subject to change by Insite Technology in its sole discretion). Such charges shall be collected by Insite Technology. Fees collected from online registrants will be sent in regular intervals to the designated charitable organization in accordance with contract and law, less Insite Technology’s processing and handling fee. All donations are the exclusive property of you and/or the charitable organization designated to receive the donation. Any refunds shall be exclusively and directly handled the designated charitable organization. Insite Technology shall not be responsible for processing or making any refunds.
4. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF INSITE TECHNOLOGY IS AT YOUR SOLE RISK. INSITE TECHNOLOGY IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. INSITE TECHNOLOGY AND ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE INFORMATION ON THE INSITE TECHNOLOGY SITES OR OTHERWISE BY INSITE TECHNOLOGY IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER INSITE TECHNOLOGY NOR ITS MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN INSITE TECHNOLOGY, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. INSITE TECHNOLOGY ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE. IN PARTICULAR, THE ACTIVITIES AND EXERCISES DESCRIBED IN TRAINING PROGRAMS AND ARTICLES ON INSITE TECHNOLOGY CAN BE DANGEROUS AND MAY RESULT IN INJURY OR DEATH. YOU MUST CONSULT WITH A LICENSED PHYSICIAN BEFORE PARTICIPATING IN ANY OF THE ACTIVITIES DESCRIBED ON INSITE TECHNOLOGY. INSITE TECHNOLOGY MAKES NO WARRANTY THAT THE INSITE TECHNOLOGY SITES' SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR FREE. INSITE TECHNOLOGY DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION IN, OR PROVIDED IN CONNECTION WITH, THE INSITE TECHNOLOGY SITES. INSITE TECHNOLOGY IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS, OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE INSITE TECHNOLOGY SITES IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR OWN COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
5. Limitation of Liability
INSITE TECHNOLOGY, ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF INSITE TECHNOLOGY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE INSITE TECHNOLOGY SITES, PRODUCTS OR SERVICES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE INSITE TECHNOLOGY SITES; (C) USE BY YOU OF ANY TRAINING PROGRAM OR ANY OTHER PRODUCT PURCHASED THROUGH INSITE TECHNOLOGY; (D) YOUR PARTICIPATION IN ANY PROMOTION OR PROGRAM COORDINATED BY INSITE TECHNOLOGY; (E) PERSONAL INJURY NOT CAUSED BY INSITE TECHNOLOGY’S GROSS NEGLIGENCE; (F) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (G) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE INSITE TECHNOLOGY SITES; OR (H) ANY OTHER MATTER RELATING TO THE INSITE TECHNOLOGY SITES, OR INSITE TECHNOLOGY PRODUCTS OR SERVICES. YOU AGREE THAT INSITE TECHNOLOGY’S MAXIMUM LIABILITY TO YOU, FOR ANY REASON OR CAUSE WHATSOEVER, SHALL NOT EXCEED THE TOTAL AMOUNT OF MONIES RECEIVED BY INSITE TECHNOLOGY FROM YOU.
8. Applicable Law; Consent to Jurisdiction
The Insite Technology Sites (excluding linked sites) are controlled by Insite Technology from its ofﬁces within the State of Illinois, United States of America. The Insite Technology Sites can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Illinois, by accessing the Insite Technology Sites both you and Insite Technology agree that the statutes and laws of the State of Illinois, without regard to the conﬂict of laws principles thereof, will apply to all matters relating to use of the Insite Technology Sites. You agree that exclusive jurisdiction for any dispute with Insite Technology, or in any way relating to your membership or use of Insite Technology, resides in the courts of the State of Illinois and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Illinois in connection with any dispute including any claim involving Insite Technology or its afﬁliates, subsidiaries, employees, contractors, ofﬁcers, directors, telecommunication providers and content providers. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
With your prior approval, Insite Technology reserves the right to charge fees, surcharges and/or membership fees at any time. Please see our Credit Card Payment Policies for additional information.
Attn: Chief Operating Ofﬁcer
Insite Technology Inc.
229 White Oak St.
Hampshire IL 60140.