Last Updated: September 30, 2015
Our Mobile Apps
In order to access some features of our Mobile Apps, you will have to create an account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Intelligration immediately of any breach of security or unauthorized use of your account. Although Intelligration will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Intelligration or others due to such unauthorized use.
Acceptable Use and Restrictions – General
- You agree not to use our Mobile Apps for any of the following commercial uses unless you obtain Intelligration’s prior written approval:
- The sale of access to our Mobile Apps; or
- The sale of advertising, sponsorships, or promotions placed on or within our Mobile Apps or Content.
- You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses our Mobile Apps in a manner that sends more request messages to the Intelligration servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.
- You agree not to collect or harvest any personally identifiable information, including account names, from our Mobile Apps, nor to use the communication systems provided by our Mobile Apps (e.g., comments) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of our Mobile Apps with respect to User Content.
- In your use of our Mobile Apps, you will comply with all applicable laws.
- Intelligration reserves the right to discontinue any aspect of our Mobile Apps at any time.
Acceptable Use and Restrictions – Your Use of Content
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content found on our Mobile Apps:
- You agree not to circumvent, disable or otherwise interfere with security-related features of our Mobile Apps or features that prevent or restrict use or copying of any content or enforce limitations on use of our Mobile Apps or the content therein.
- You understand that when using our Mobile Apps, you may be exposed to content from a variety of sources, and that Intelligration is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content. You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Intelligration with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Intelligration, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of our Mobile Apps.
- Intelligration does not endorse any content submitted to our Mobile Apps by any User or other licensor, or any opinion, recommendation, or advice expressed therein, and Intelligration expressly disclaims any and all liability in connection with such content.
Acceptable Use and Restrictions – Your Content and Conduct
With respect to User Content and conduct, you further understand and agree to the following:
- As an Intelligration account holder you may submit User Content to our Mobile Apps, including user comments, stock picks and reviews. You understand that Intelligration does not guarantee any confidentiality with respect to any User Content you submit.
- User Content you submit to our Mobile Apps will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Intelligration all of the license rights granted herein.
- You will not submit to our Mobile Apps any User Content or other material that is illegal, obscene, defamatory, threatening, infringing of intellectual property rights, invasive of privacy or otherwise contrary to applicable local, national, and international laws and regulations.
- Intelligration does not permit copyright infringing activities and infringement of intellectual property rights on our Mobile Apps, and Intelligration will remove all User Content if properly notified that such User Content infringes on another’s intellectual property rights. Intelligration reserves the right to remove Content without prior notice.
User Account Termination
Digital Millennium Copyright Act
If you are a copyright owner or an agent thereof and believe that any User Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA“) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- 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 Intelligration to locate the material;
- Information reasonably sufficient to permit Intelligration to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement 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
- 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 owner of an exclusive right that is allegedly infringed.
You may direct copyright infringement notifications to our DMCA Agent at Intelligration LLC, 1732 1st Ave, #29598, New York, NY 10128, or via email to firstname.lastname@example.org. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
Disclaimer of Warranties
YOU AGREE THAT YOUR USE OF OUR MOBILE APPS SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, Intelligration, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH OUR MOBILE APPS AND YOUR USE THEREOF. Intelligration MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS MOBILE APP’S CONTENT OR THE CONTENT OF ANY SITES/APPS LINKED TO THIS MOBILE APP AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR MOBILE APPS, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR MOBILE APPS, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR MOBILE APPS BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR 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 OUR MOBILE APPS. Intelligration DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH OUR MOBILE APPS OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND Intelligration WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Limitation of Liability and Indemnity
IN NO EVENT SHALL Intelligration, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR MOBILE APPS, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR MOBILE APPS, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR MOBILE APPS BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA OUR MOBILE APPS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT Intelligration SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
Our Mobile Apps are controlled and offered by Intelligration from its facilities in the United States of America. Intelligration makes no representations that our Mobile Apps are appropriate or available for use in other locations. Those who access or use our Mobile Apps from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You further understand and agree that:
- YOU AND Intelligration AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO OUR MOBILE APPS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.