Terms of Service
1. Acceptance of Terms
AUS Consultants, Inc. D/B/A IPSCIO (“IPSCIO”) provides this website (“Website”) and its products and services subject to the following Terms of Service which may be updated by IPSCIO from time to time without notice to you. Please check the Terms of Service periodically for changes. If you do not agree to the Terms of Service, please do not use this Website. By using this Website, you acknowledge that you are 18 or older and agree that you have read, understood and agree to these Terms of Service. Your continued use of this Website following the posting of any changes to the Terms of Service constitutes acceptance of those changes.
The content of this Website, including text, graphics, images and other material contained on this Website (“Content”) is for informational purposes only. Reliance on any information provided on this Website, by IPSCIO employees or representatives, or by other visitors to this Website is solely at your own risk.
4. Third Party Sites
This Website may provide links to other websites on the Internet. IPSCIO makes no representations whatsoever about these other websites. Other websites linked to this Website may contain information or material that some people may find inappropriate or offensive. The provision of links to other websites on the Internet should not imply IPSCIO’s endorsement of any such websites by IPSCIO or any association with these other sites’ operators. These websites are not under the control of IPSCIO, and you acknowledge that IPSCIO, its subsidiaries, its affiliates, and its licensors are not responsible for the accuracy, legality, decency, copyright compliance, or any other content of such sites. You also acknowledge that IPSCIO, its subsidiaries, its affiliates, and its licensors shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on the content, goods or services available on or through any websites linked to this Website.
5. Proprietary Rights
Certain information provided by you is subject to our License Agreement. For more information, please see our full license agreement at http://ipscio.com/license.
You acknowledge and agree that all Content and materials available on this Website are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. You agree that as between you and IPSCIO, IPSCIO is the owner of all such Content and materials. You may not reproduce, distribute, store in databases or similar storage mechanisms, republish or retransmit any Content or materials posted at this Website without the prior written permission of IPSCIO, except as permitted in by any license agreement or other terms you agree to on this Website. Except as so authorized by IPSCIO, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or Content. Notwithstanding the above, you may print or download one copy of the materials or Content on this Website on any single computer for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. Systematic retrieval of data or other Content from this Website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from IPSCIO is prohibited.
6. Visitor Conduct
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other material (“Submissions”), whether publicly posted or privately transmitted, via forums on this Website or otherwise, are the sole responsibility of the person from whom such Submissions originated. This means that you and not IPSCIO are entirely responsible for all Submissions that you upload, post, email or otherwise transmit via this Website. IPSCIO does not control the Submissions posted by third parties via this Website and, as such, does not guarantee the accuracy, integrity or quality of such Submissions. You understand that by using this Website and accessing these postings, you may be exposed to Submissions that are offensive, indecent or objectionable. Under no circumstances will IPSCIO, its subsidiaries, its affiliates, or its licensors be liable in any way for any Submissions including, but not limited to, any error or omissions in any Submissions, or for any loss or damage of any kind incurred as a result of the use of any Submissions posted, emailed or otherwise transmitted via this Website.
YOU AGREE TO NOT USE THIS WEBSITE TO:
- a. COMPETE WITH IPSCIO BY CREATING OR IMPROVING SIMILAR PRODUCTS AND SERVICES;
- b. CREATE MORE THAN ONE IPSCIO ACCOUNT AT ANY GIVEN TIME;
- c. SHARE YOUR LOGIN CREDENTIALS WITH OTHERS, ALLOWING THEM ACCESS TO ANY IPSCIO SUBSCRIPTION, PRODUCTS AND SERVICES PURCHASED BY YOU;
- c. PROGRAMMATICALLY VISIT AND EXTRACT IPSCIO DATA USING WEB-CRAWLING, DATA MINING OR SIMILAR MECHANISMS.
- b. upload, post, email or otherwise transmit any Submissions that are unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- c. harm minors in any way;
- d. impersonate any person or entity, including but not limited to, an IPSCIO official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- e. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Submissions transmitted through this Website;
- f. upload, post, email or otherwise transmit any Submissions that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- g. upload, post, email or otherwise transmit any Submissions that infringe any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
- h. upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- i. upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation except in those areas of this Website that are designated for such purposes;
- j. disrupt the normal flow of dialogue, cause a screen to scroll faster than other users of the Website are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
- k. interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to this Website;
- l. stalk or otherwise harass another; or
- m. collect or store personal data about other users.
You acknowledge that IPSCIO does not pre-screen Submissions, but that IPSCIO and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Submissions that are available via this Website. Without limiting the foregoing, IPSCIO and its designees shall have the right to remove any Submissions that violate the Terms of Service or is otherwise objectionable as determined by IPSCIO in its sole discretion. You agree that you must evaluate, and bear all risks associated with, the use of any Submissions, including any reliance on the accuracy, completeness, or usefulness of such Submissions.
You acknowledge and agree that IPSCIO may preserve Submissions and may also disclose Submissions if required to do so by law or in good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Service; (c) respond to claims that any Submissions violate the rights of third parties; or (d) protect the rights, property, or personal safety of IPSCIO, its users and the public.
7. Submissions Posted to the Website
You agree represent and agree that Submissions you elect to post to the Website are not confidential or proprietary, and you grant IPSCIO the world-wide, royalty free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Submissions (in whole or in part), in any form, media, or technology now known or later developed. YOU FURTHER AGREE THAT IPSCIO MAY COMMERCIALIZE ANY SUBMISSIONS, AND ANY CONCEPTS, INFORMATION AND INVENTIONS CONTAINED THEREIN, WITHOUT FURTHER COMPENSATION TO YOU.
8. Disclaimer of Warranties
ALL CONTENT INCLUDING, WITHOUT LIMITATION, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS WEBSITE, IS PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, UNLESS OTHERWISE SPECIFIED IN ANY LICENSE AGREEMENT OR OTHER TERMS YOU AGREE TO ON THIS WEBSITE. THE CONTENT IS PROVIDED WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. IPSCIO, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS COMPLETE, ACCURATE, RELIABLE OR CORRECT; THAT THIS WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS WEBSITE IS SOLELY AT YOUR RISK. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH YOUR USE OF THIS WEBSITE IS DONE AT YOUR OWN DIRECTION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
9. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL IPSCIO, ITS AFFILIATES, OR ITS LICENSORS BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF IPSCIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES)) THAT RESULT FROM: (i) THE USE OF, OR INABILITY TO USE, THIS WEBSITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (v) ANY OTHER MATERIAL RELATING TO THE WEBSITE. IPSCIO, ITS SUBSIDIARIES, ITS AFFILIATES OR ITS LICENSORS BE LIABLE ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED $100. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF IPSCIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES IPSCIO’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
10. Representations and Warranties.
You represent, warrant and covenant that: (a) you have the power and authority to enter into this agreement; (b) you are not, nor represent, directly or indirectly, a IPSCIO competitor or any other business distributing, or with the intention to distribute, similar product or services available in this Website; (c) you are at least eighteen (18) years old; (d) you shall not use any rights granted hereunder for any unlawful purpose; and (e) you shall use this Website only as set forth in these Terms of Service.
You agree to indemnify and hold IPSCIO and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including attorneys’ fees, made by any third party due that arise from your use or misuse of this Website and its data. IPSCIO reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with IPSCIO in asserting any available defenses.
12. International Use
IPSCIO makes no representation that materials or Content on this Website are appropriate or available for use in locations outside the United States, and accessing them from territories where the Contents or materials are illegal is prohibited. If you access this Website from other locations you do so on your own initiative and you are responsible for compliance with local laws. You agree to comply will all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
13. Copyright Policy
IPSCIO respects the intellectual property rights of others and expects visitors to this Website to do the same. IPSCIO 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, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
IPSCIO reserves the right to remove content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, IPSCIO will also terminate a user’s account if the user is determined to be a repeat infringer. IPSCIO’s designated copyright agent for notice of alleged copyright infringement appearing on the Website is:
Gabriel Camargo 155 Gaither Drive, Suite A Mount Laurel, NJ, 08054 (U.S.A) Email: email@example.com
14. Modifications to Service
IPSCIO reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, this Website or some or all of the services offered through this Website, with or without notice. You agree that IPSCIO shall not be liable to you or to any third party for any modification, suspension or discontinuance of this Website or some or all of the services offered through it.
15. Choice of Law and Forum
These Terms of Service shall be governed by and construed in accordance with the laws of the State of New Jersey, U.S.A., excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction and venue for any claim or action arising out of or relating to these Terms of Service or your use of this Website shall be filed only in the state or federal courts located in the State of New Jersey, U.S.A., and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
16. Severability and Integration
This agreement constitutes the entire agreement between you and IPSCIO with respect to this Website and supersedes all prior or contemporaneous communications and proposals, whether oral, written, or electronic, between you and IPSCIO with respect to this Website. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
IPSCIO reserves the right, in its sole discretion, to terminate your access to all or part of this Website, with or without notice.