2. Other applicable terms
3. Information about us
The Services are provided and operated by Complete Intelligence Technologies, Inc. We are a Delaware company with its principal place of business at 8111 Ashlane Way, Suite 211, The Woodlands, TX 77382, USA.
4. Changes of terms
5. Changes to our services
5.1 The Services that we provide are always evolving and the form and nature of the Services that we provide may change from time to time without prior notice to you. In addition, we may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time and without prior notice to you.5.2 We make no representations, warranties or guarantees, whether express or implied, that our Services or any Content on our site is accurate, complete, up-to-date or free from errors or omissions.
6. Accessing our services
6.1 Our Services are made available on both free and paid subscription bases. Only Services designated as “Freemium” are provided without a paid subscription.
6.2 We do not guarantee that our Services, or any Content, will always be available or be uninterrupted. Access to our Services is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Services without notice. We will not be liable to you if for any reason our Services are unavailable at any time or for any period.
6.3 You are responsible for making all arrangements necessary for you to have access to our Services.
7. Your account and password
7.1 You are responsible for managing information you enter in your account and for safeguarding the password and login identification that you use to access the Services and for any activities or actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols and contain ten or more characters or as currently recommended by the cybersecurity community) with your account. You must treat such information as confidential. You must not disclose it to any third party. Complete Intelligence Technologies, Inc. cannot and will not be liable for any loss or damage arising from your failure to secure your password and login credentials or update your user supplied account information.
7.3 If you know or suspect that anyone other than you are using your password, you must promptly notify us at firstname.lastname@example.org.
8. Your license to use the Services
9. Our Intellectual property rights
9.1 You agree and acknowledge Complete Intelligence Technologies, Inc. has a legitimate business interest in the acquisition, adaptation, adoption, accumulation, copying, development, disclosure, modification, presentation, use or any combination of the foregoing, of all data and information, regardless of the source, in conjunction with the Services. All intellectual property rights subsisting in respect of the Services belong to Complete Intelligence Technologies, Inc. or have been lawfully licensed to Complete Intelligence Technologies, Inc. for use in connection with the Services. All rights at law or in equity are hereby reserved. You are not allowed to upload, post, publish, reproduce, transmit, re-image, “scrape” data or distribute in any way any component of the website itself or create derivative works with respect thereto, as the website is copyrighted under applicable laws.
9.2 You agree that we are free to use, disclose, adopt and modify all and any ideas, concepts, knowhow, proposals, suggestions, comments, improvements, and other communications and information provided by you to us (the “Feedback”) in connection with the Services, your use of the Services, or any combination of the foregoing, without any payment to you. You hereby waive and agree to waive all and any rights and claims you may have for any consideration, fees, royalties, charges, fees, other payments, or any combination of the foregoing in relation to our acquisition, adaptation, adoption, accumulation, copying, development, disclosure, modification, presentation, use or any combination of the foregoing, of any or all of your Feedback.
10. Your rights
10.1 You retain your rights and obligations to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, develop, disclose, present, reproduce, process, adapt, modify, upload, post, resell, reproduce, re-image, publish, transmit, display, create derivate works based on your Content, and distribute, in any way, such Content, or any component thereof, in any and all media or distribution methods (now known or later developed). In addition to the foregoing, we may modify or adapt your Content in order to transmit, display or distribute it over computer or other networks, devices, services or media or any combination of the foregoing, make changes to your Content, or any of the foregoing, as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
10.2 You agree that this license includes the right for us to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations or individuals who partner with Complete Intelligence Technologies, Inc. for the syndication, broadcast, distribution or publication of such Content on other media and services, for such Content use.
10.3 Such additional uses by Complete Intelligence Technologies, Inc. or other companies, organizations or individuals who partner with Complete Intelligence Technologies, Inc. with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.
10.4 You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third-party partners. You understand that your Content may be syndicated, broadcast, distributed, or published by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. Complete Intelligence Technologies, Inc. will not be responsible or liable for any use of your Content by Complete Intelligence Technologies, Inc. in accordance with these Terms.
11. Limited liability and warranty
Please read this section carefully since it limits the liability of Complete Intelligence Technologies, Inc. and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Affiliates”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you.
11.1 YOUR ACCESS TO AND USE OF OUR SERVICES IS AT YOUR SOLE RISK AND IS PROVIDED “AS IS”, AND “AS AVAILABLE”. THE SERVICES ARE FOR YOUR PERSONAL USE ONLY AND THE AFFILIATES MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, AGAINST DATA LOSS OR CORRUPTION, OR QUIET ENJOYMENT.
11.2 YOU AGREE THAT WE SHALL HAVE NO LIABILITY, AND WE HEREBY DISCLAIM ANY AND ALL LIABILITY FOR, ANY PUNITIVE, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES, INCLUDING ANY DAMAGES FOR LOSS OF PROFITS. FURTHER, THE ENTIRE LIABILITY OF THE AFFILIATES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES OR OTHERWISE, IS RE-PERFORMANCE OF DEFECTIVE SERVICES OR REFUND OF THE FEES PAID FOR THE PREVIOUS MONTH BY YOU, THE ELECTION OF THIS REMEDY IS AT THE SOLE DISCRETION OF Complete Intelligence Technologies, Inc. IN JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF LIABILITY, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. WE DO NOT ENDORSE, WARRANT OR GUARANTEE ANY MATERIAL, PRODUCT, CONTENT OR SERVICE OFFERED THROUGH US OR OUR SERVICES.
11.3 The Affiliates do not guarantee or assume any responsibility that:
(a) the information presented in our Services is accurate, adequate, current or reliable, or may be used for any purpose other than for general reference and is not intended to be used for any other purpose including but not limited to investment, asset valuation or financial planning;
(b) the information presented in our Services is free of: defect, error, omission, bugs, viruses or anything which may change, erase, add to or damage your software, data or equipment;
(c) messages sent through the internet including in connection with the services will be free from interception, corruption, error, delay or loss;
(d) access to the Services will be available or be uninterrupted;
(e) use of the Services will achieve any particular result; or
(f) defects in the Services will be corrected.
11.4 Without limiting the generality of the foregoing, in no event and to the full extent permitted by law will the Affiliates be liable to you or any other person for any direct, indirect, incidental, special, exemplary, punitive or consequential loss or damages, including, but not limited to, any loss of business, profit, goodwill or reputation arising out of any use, or inability to use, the information or the services, even if any of the Affiliates have been advised of the possibility of such loss or damages.. In any event, the liability of Complete Intelligence Technologies, Inc. to you for any reason and upon any cause of action shall be limited to the lesser of the amount paid to Complete Intelligence Technologies, Inc. in the previous month by you to Complete Intelligence Technologies, Inc. or $100 United States dollars. This limitation applies to all causes of action in the aggregate, including without limitation to breach of contract, breach of warranty, negligence, strict liability, misrepresentations, and other torts.
11.5 You will exercise and rely solely on your own skill and judgment in your use and interpretation of the information and use of the services. You are responsible to ensure that your use of the information and the Services complies with all applicable legal requirements. You are solely responsible for any decisions, or changes in your position, material or otherwise, based on your reliance on the Services. 11.6 Without prejudice to the foregoing, if your use of the Services does not proceed satisfactorily, you do not receive appropriate responses to such use from us or both, you are advised to contact us at email@example.com. No such lack of response shall be deemed to constitute any agreement, acquiescence or waiver.
12. Content You Supply to Us.
12.1 You must comply with our Content submission standards and hereby covenant, represent and warrant that you have secured all the rights, power and authority necessary to grant to Complete Intelligence Technologies, Inc. the rights described regarding any Content that you submit and, among other covenants, representations and warranties, you submit any Content free of all encumbrances and claims.
12.2 You covenant, represent and warrant that if any Content does comply with those standards, and you will be liable to us and indemnify, defend and hold us harmless for any breach of that warranty and you will be responsible for any loss or damage we suffer as a result of your breach of this section.
12.3 Any Content you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, adapt, accumulate, develop, modify, present, copy, distribute and disclose to third parties any such content for any purpose. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site.
12.4 The views expressed by other users on our site do not necessarily represent our views or values. We do maintain the right to remove any posting you make on our site if, in our sole opinion, your post does not comply with our standards. We do not endorse, support, represent, warrant or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate, infringing or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive.
12.5 Under no circumstances will we be liable, in any way, for any Content, including, but not limited to, any errors or omissions in any Content, infringement, or any loss or damage of any kind, incurred directly or indirectly as a result of the use of the Services by any third party, including, without limitation any infringing, defamatory, offensive, or illegal conduct of the third party, or the use of any Content posted, emailed, transmitted, or otherwise made available via the Services or broadcast elsewhere.
12.6 We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.
13. Content copyright policy.
13.1 Complete Intelligence Technologies, Inc. respects the intellectual property rights of others and requires users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information:
(i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
(ii) identification of the copyrighted work claimed to have been infringed;
(iii) 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 us to locate the material;
(iv) your contact information, including your address, telephone number, and an email address;
(v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) a statement that the information in the notification is accurate, and that you are authorized to act on behalf of the copyright owner.
13.2 We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, we will also terminate a user’s account if the user is determined to be a repeat infringer. Our address for notice of alleged copyright infringement appearing on the Services is firstname.lastname@example.org. 13.3 DIGITAL MILLENNIUM COPYRIGHT ACT Since we respect content owner rights, it is Complete Intelligence Technologies, Inc.’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”). If you are a copyright owner or an agent thereof and believe that any content on this site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Designated Agent (as set forth below) with the following information in writing (see 17 U.S.C. 512(c)(3) for further details):
The above information must be submitted to the following DMCA Agent:
Company: Complete Intelligence Technologies, Inc.
Address: 8111 Ashlane Way, The Woodlands, TX 77382
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
Please note that this procedure is exclusively for notifying Complete Intelligence Technologies, Inc. and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply withComplete Intelligence Technologies, Inc.’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws. In accordance with the DMCA and other applicable Law, Complete Intelligence Technologies, Inc. has adopted a policy of terminating, in appropriate circumstances, sources who are deemed to be repeat infringers. Company may also at its sole discretion terminate the sources or sites who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
14. Use of the Services
14.1 We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services, to suspend or terminate users, and to reclaim usernames without liability to you. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to
(i) satisfy any applicable law, regulation, legal process or governmental request,
(iii) detect, prevent, or otherwise address fraud, security or technical issues,
(iv) respond to user support requests, or
(v) protect the rights, property or safety of Complete Intelligence Technologies, Inc. its users and the public. Therefore, your expectation of privacy should reflect this section.
14.2 You are responsible for configuring your information technology, computer programs, network and platform in order to access our site. You alone are responsible for using your own virus protection software, security, encryption or virtual private network.
14.3 You may not do any of the following while accessing or using the Services:
(i) access, tamper with, or use non-public areas of the Services, Complete Intelligence Technologies, Inc.’s computer systems, or the technical delivery systems of Complete Intelligence Technologies, Inc. ’s providers;
(ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
(iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by us (and only pursuant to those terms and conditions), (scraping the Services without our prior consent is expressly prohibited);
(iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
(v) reverse engineer the Services or any component thereof;
(v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, trojan, worm, logic bomb or other material which is malicious or technologically harmful, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.
14.4 We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Services will cease immediately and we reserve any rights we may have at law or in equity.
15. Linking to us
You may link to our Services provided you do so in a way that is preserves the value of the Complete Intelligence brand, fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Services in any website that is not owned, managed or controlled by you. We reserve the right to withdraw linking permission without notice. If we request you remove a link, you must do so within twenty-four hours of notice.
16. Third party links and resources in our site
16.1 The links from the Services may take you to other sites or services and you acknowledge and agree that Complete Intelligence Technologies, Inc.has no responsibility for the accuracy or availability of any information provided by third parties services and websites.
16.2 The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by Complete Intelligence Technologies, Inc. on the Services are subject to change. In consideration for us granting you access to and use of the Services, you agree that Complete Intelligence Technologies, Inc. and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.
16.3 Links to other websites and services do not constitute an endorsement by us of such websites or services, or the Information, products, advertising or other materials available made available by such third parties.
19. Several users
follows. 21.1.1 You terminate your use of the Services with us at any time for any reason by deactivating your accounts and discontinuing your use of the Services. You do not need to specifically inform us when you stop using the Services. For paid subscribers, no refunds will be made and you must re-subscribe after deactivation.
21.4 Nothing in this section shall affect our rights to change, limit or stop the provision of the Services without prior notice, as provided above.
22. Force Majeur
Except for your duty to pay Complete Intelligence Technologies , Inc., neither you nor Complete Intelligence Technologies, Inc. shall be liable to the other for failure or delay in the performance of required obligations, if such failure or delay is caused by riot, civil disorder, war, terrorist act, labor dispute, government order, failure of the government to issue export licensure, fire, energy or utility disruption, flood, or natural disaster or other circumstances beyond such party’s reasonable control, provided that whoever requests such protection gives prompt written notice of such condition and resumes its performance as soon as possible.
23. Governing law and jurisdiction
THE PARTIES AGREE THAT CLAIMS MAY ONLY BE BROUGHT IN AN INDIVIDUAL CAPACITY AND IN THE NAME OF AN INDIVIDUAL OR ENTITY. CLAIMS MUST PROCEED ON AN INDIVIDUAL AND NON-REPRESENTATIVE BASIS, AND CLAIMS OF TWO OR MORE PERSONS MAY NOT BE JOINED OR CONSOLIDATED UNLESS ARISING FROM THE SAME TRANSACTION. NEITHER PARTY MAY PURSUE CLAIMS AS A CLASS ACTION OR PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE ACTION, NOR MAY ANY SUCH CLAIMS BE PURSUED BY OR ON BEHALF OF EITHER PARTY IN ANY COURT, INCLUDING ASSIGNED CLAIMS.
25. Notice to California Users