These terms and conditions (“Terms”) govern the access to and use of the IntelliBoard plugin and offer of products and services belonging to IntelliBoard, Inc. or any successor company of its interest and/or assets (“IntelliBoard, Inc.”), and any information, text, graphics, or other materials uploaded, downloaded or appearing on the product and services (both defined below) made available to users (“You” or “User(s)”) at www.intelliboard.net (“Website”).
• “Product” refers to the IntelliBoard plugin exclusively designed and owned by IntelliBoard, Inc.
• “Services” refers to the services provided by IntelliBoard, Inc. in relation to the Product, which facilitate the User’s access to real time monitoring of web services and other related services.
• “User” refers to any corporate entity, business, organization or independent user who intends to benefit from the access and use of the Services.
• “Content” refers to the information, text, graphics, forum contributions or other materials and/or data that IntelliBoard uses to populate the Product or Services that IntelliBoard provides
• “Account” refers to the User account for the Service.
A. The IntelliBoard, Inc. Platform
The IntelliBoard platform is intended to facilitate the access to and use of the IntelliBoard, Inc. Product. Through the platform, , IntelliBoard, Inc. enables Users to make use of the Services and monitor in real time, its internet metrics and web services. IntelliBoard presently provides dozens of different widgets and reports to search and browse, and upon creating an account with IntelliBoard, Inc., the User may customize his/her own widget and reports to access his/her own data which is updated in real time.
2. Platform Property Rights
IntelliBoard, Inc. and its suppliers own all right, title and interest, including without limitation, all intellectual and industrial property rights in the Product and the Service including artwork and end-user interface elements contained within the Service, many of the individual features, and the related documentation. You may not copy, modify, adapt, reproduce, distribute, reverse engineer, decompile, or dissemble any aspect of the Service which IntelliBoard, Inc. or its suppliers own. Access to and use of the Service does not imply any transfer of all or part of IntelliBoard, Inc. Intellectual and Industrial Property rights in the Product and/or Service, which are hereby expressly reserved and retained by IntelliBoard, Inc.. Without limiting the generality of the foregoing, You agree not to (a) use the trademarks, service marks, trade or business names, logos, domain names, other distinctive brand features or any other copyrighted material or other proprietary rights owned by IntelliBoard, Inc. and which are associated with the Product and/or Service without the express written consent of IntelliBoard, Inc.; or (b) register, attempt to register any trademark, service mark, trade or business name, logo, domain name, other distinctive brand feature or any other copyrighted material or proprietary right associated with the Service or with IntelliBoard, Inc.
Although IntelliBoard, Inc. does not control or supervise any Content submitted to this Website/platform or Services, except when required to by applicable law or competent court or administrative decision, IntelliBoard, Inc. reserves the right to eliminate at any time any Content that infringes or may infringe these conditions or prevent the reproduction or public communication of this Content until proof is provided of ownership of the material provided or the legality of the Content. In particular, and for precautionary purposes, IntelliBoard, Inc. may carry out the foregoing when any Content may seem to be illegal, infringe third party rights or not be sufficiently documented, without prejudice to IntelliBoard, Inc. right to retain and keep on file internally a copy of the Content in question while the legal situation is being verified and for the duration that is prescribed by law.
IntelliBoard, Inc. reserves the right to exclude any User from the Website and Services without prior warning should he/she perform any illegal activities and initiate the legal proceedings it deems appropriate. IntelliBoard, Inc. also retains the right to create any limits on use and storage at any time as it deems appropriate, without prior notice to You.
In no circumstances shall such announcements, comments, opinions, declarations, recommendations, be attributable to IntelliBoard, Inc., which will be held harmless from any claims that may arise in relation to those using these interactive services for the purposes prohibited in this contract or by law. In addition, IntelliBoard, Inc. shall not be liable in any way for any Content including errors or omissions in any Content, or any losses or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services.
B. Subscriptions to Services
Trial, Subscriptions and Refund policy
1. Trial period
Every new Subscriber is automatically offered a free trial period, starting at registration. During that period, the Subscriber can evaluate the Service and its suitability, at no cost. This offer is limited to one (1) trial per Subscriber unless otherwise agreed. Free accounts are not required to provide a credit card number. We reserve the right in future to charge in advance for all subscriptions. After the trial period, if the Subscriber does not upgrade to premium plan, the subscription will expire and the account may close.
2. Upgrading to premium plans
On termination of the free trial, the Subscriber will have the opportunity to continue using the Service at the costs advertised on the Site. An upgrade at any time from the free trial subscription to any paying plan will end your free trial.
3. Premium accounts/prices
Fees, rate limits and effective dates for these Services are negotiated separately from the Terms and Conditions of Service. In the event of graded Service plans, when applicable, if you exceed the limit threshold for your plan in any given calendar month, you will have access to the higher plan and you will be charged an additional fee for that calendar month. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, including VAT and/or equivalent sales tax. Prices of any Service may change upon thirty (30) days notice to you. Such notice may be provided by contacting you using the contact information you have provided to us. Any use of the service after 15 days’ of notification indicates acceptance of the new price.
5. Payment and Billing
Payment is made by credit card and a valid credit card is required for all paying accounts. You will be billed for your first month immediately upon upgrading. The Services are billed in advance on a monthly basis and the periodic fee is non-refundable. For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle. PayPal is used as a default payment gateway.
As it is deemed that the Subscriber has the opportunity to thoroughly evaluate the Service during the free trial period, subsequently purchased subscriptions are not refundable. There will be no refunds or credits for partial months of service remaining on termination. On upgrading/downgrading, we will charge the corresponding plan price pro-rate the time of use. In order to treat everyone equally, no exceptions will be made.
Downgrading your Service may cause the loss of content, features, or capacity of your account. IntelliBoard, Inc. does not accept any liability for such loss.
C. General Terms applicable to the Website, Product and Services
1. Disclaimers of Warranties
The Services are a work in progress, and IntelliBoard, Inc. reserves the right to modify, suspend, or discontinue the Service at any time for any reason. Notice of any suspension or termination will be given in accordance with these terms.
IntelliBoard, Inc. may also make improvements and/or changes in the Website, Services or Product at any time. Except as established by mandatory applicable law, your use of the, Services and Product, including any content, information or functionality contained within it, is provided “as is” and “as available” with no representations or warranties of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability , fitness for a particular purpose, and non-infringement. You assume total responsibility and risk for your use of the Services.
IntelliBoard, Inc. makes no warranties regarding (i) your ability to use the Services, (ii) your satisfaction with the Services, (iii) that the Services will be available at all times, uninterrupted, and error-free (iv), the accuracy of mathematical calculations performed by the Services, and (v) that bugs or errors in the Services will be corrected.
2. Limitation of Liability
To the extent permitted by law, in no case is IntelliBoard, Inc., its affiliates nor its sponsors are responsible or liable for any direct or consequential loss, including without limitation, damages, loss of profits, loss of business goodwill or reputation, business interruption, equipment failures or other damage or loss, arising out of or relating in any way to (i) the use or the inability to access to or use the service; (ii) 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 service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service. Your sole remedy for dissatisfaction with the Service is to cease using the Service.
In any event, should any liability be found, IntelliBoard, Inc.’s maximum liability will be limited to the amounts received by IntelliBoard, Inc. from you in the preceding 12 months.
You agree to indemnify IntelliBoard, Inc., and its agents, directors, officers, employees and partners against any loss, liability or cost arising out of your violations of any of these Terms or of any applicable laws, rules or regulations in connection with your use of the Website, Product and/or Services.
4. Contact and notifications
5. Applicable law and jurisdiction
IntelliBoard, Inc. and You as User, expressly accept that any conflict arising out of or in relation to the application, interpretation or performance of these Terms and the use of the Website and Services, will be submitted to the jurisdiction of the Courts of Connecticut, USA.
The Service is operated and provided by IntelliBoard, Inc., 20 Aspetuck Ln, Monroe, CT 06468.