TERMS AND CONDITIONS

Welcome to Innovative X, Inc. Your use of this Website, www.innovativex.com (the “site”) and the Products and Services made available on the Site is subject to these Terms of Use (these “Terms”). BY USING ANY OF OUR PRODUCTS AND SERVICES, YOU AGREE TO BE BOUND BY, AND USE OUR SERVICES IN COMPLIANCE WITH, THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE OUR SERVICES.

 

Part One: Terms Governing Use of the Service

 

1. LICENSE TO USE OUR PRODUCTS AND SERVICES

Subject to these Terms, we grant to you a limited, personal, non-exclusive, non-transferable license to use our Products and Services for your personal use and not for resale or further distribution. Your right to use our Products and Services is limited by all terms and conditions set forth in these Terms.

 

Except for your pre-existing rights and this license granted to you, we and our licensors retain all rights, title and interest in and to our Products and Services, including all related intellectual property rights. Our Products and Services are protected by applicable intellectual property laws, including United States copyright law and international treaties.

 

Except as otherwise explicitly provided in these Terms or as may be expressly permitted by applicable law, you will not, and will not permit or authorize any third party to: (i) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer or create derivative works of any of our Products and Services; (ii) rent, lease or sublicense access to any of our Products and Services; or (iii) circumvent or disable any security or technological features or measures of our Products and Services.

 

2. ACCESS TO OUR PRODUCTS AND SERVICES

We do not provide you with the equipment to access our Products and Services. You are responsible for all fees charged by third parties related to your access and use of our Products and Services (e.g., charges by Internet service providers).

We reserve the right to modify or discontinue, temporarily or permanently, all or any portion of our Products and Services without notice. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of all or any portion of our Products and Services.

 

We also reserve the right, in our sole discretion, to reject, refuse to post, or remove any material that you post or submit for posting, and to restrict, suspend, or terminate your access to our Products and Services at any time, for any or no reason, with or without prior notice, and without liability.

 

 

3. RESTRICTIONS

You must comply with all applicable laws when using our Products and Services. Except as may be expressly permitted by applicable law, or as Innovative X may authorize expressly in writing, you will not, and will not permit anyone else to: (i) store, copy, modify, distribute, or resell any of the information; audio, visual, and audiovisual works, or other content made available on our Products and Services (collectively, “Service Content”) or compile or collect any Service Content as part of a database or other work; (ii) use any automated tool (e.g., robots, spiders) to access or use our Products and Services or to store, copy, modify, distribute, or resell any Products and Service Content; (iii) rent, lease, or sublicense your access to our Products and Services to another person; (iv) use any Services or Products and Service Content for any purpose except for your own personal use; (v) circumvent or disable any digital rights management, usage rules, or other security features of our Products and Services; (vi) use our Products and Services in a manner that overburdens, or that threatens the integrity, performance, or availability of, our Products and Services; or (vii) remove, alter, or obscure any proprietary notices (including copyright and trademark notices) on any portion of our Products and Services or any Service Content.

 

4. COLLECTION AND USE OF INFORMATION POLICY

We may collect registration and other information about you through our Services. Our collection and use of this information is governed by our Collection and Use of Information Policy (See Part Three below).

 

5. RESTRICTED AREAS OF THE SERVICES

Certain parts of our Products and Services, including account management features, may be password-restricted to registered users or other authorized persons (“Password-Protected Areas”). If you are authorized to gain access to any Password-Protected Areas, you agree that you are entirely responsible for maintaining the confidentiality of your password, and agree to notify us if the password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. You agree that you are entirely responsible for any and all activities that occur under your account, whether or not you are the individual who undertakes such activities. You agree to immediately notify us of any unauthorized use of your account or any other breach of security in relation to your password or our Services that is known to you.

 

6. LINKS AND THIRD PARTY CONTENT

Our Products and Services may display, or contain links to, third party products, services, and Web sites. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed, authored, or made available by other users or other third parties on our Products and Services, or which is accessible through or may be located using our Products and Services (collectively, “Third Party Content”) are those of the respective authors or producers and not of us or our shareholders, directors, officers, employees, agents, or representatives.

 

We do not control Third Party Content and do not guarantee the accuracy, integrity or quality of such Third Party Content. We are not responsible for the performance of, we do not endorse, and we are not responsible or liable for, any Third Party Content or any information or materials advertised in any Third Party Content. By using our Services, you may be exposed to content that is offensive, indecent, or objectionable. We are not responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any goods, services, or information available on or through any third party service or Third Party Content. It is your responsibility to evaluate the information, opinion, advice, or other content available on and through our Services.

 

7. USE POLICIES

The following uses of our Products and Services are not permitted: (i) upload, post, email, or otherwise transmit any Submission that contains unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable matters; (ii) harm us or third parties in any way; (iii) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (iv) upload, post, email, or otherwise transmit any Submission 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); (v) upload, post, email or otherwise transmit any Submission that infringes any patent, trademark, trade secret, copyright, or other right of any party; (vi) upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other forms of solicitation; (vii) 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; (viii) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; (ix) intentionally or unintentionally violate any applicable local, state, national or international law or regulation; (x) “stalk” or otherwise harass another; or (xi) collect or store personal data about other users.

 

8. TRADEMARKS

"Innovative X," the Innovative X logo, and any other product or service name or slogan displayed on our Services are trademarks of Innovative X, Inc and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Innovative X or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “Innovative X” or any other name, trademark or product or service name of Innovative X without our prior written permission. In addition, the look and feel of our Products and Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Innovative X and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in our Products and Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us.

 

9. FEEDBACK

We will provide you with a mechanism to provide feedback, suggestions, and ideas about our Products and Services (“Feedback”). You agree that we may, in our sole discretion, use the Feedback you provide to us in any way, including in future enhancements and modifications to our Services. You hereby grant to us and our assigns a perpetual, worldwide, fully transferable, sub-licensable, irrevocable, royalty-free license to use, reproduce, modify, create derivative works from, distribute, and display the Feedback in any manner any for any purpose, without any media, software, or technology of any kind now existing or developed in the future, without any obligation to provide attribution or compensation to you or any third party.

 

10. NOTICES

We may give notice to you by means of a general notice on the Site site, by electronic mail to your e-mail address in our records for your Account, or by written communication sent by first class mail, postage prepaid, or overnight courier to your address on record for your Account. All notices given by you or required under this Agreement shall be mailed to us at www.innovativex.com unless otherwise provided in this Agreement.

 

If you have questions, suggestions or concerns related to the Terms herein, you may contact us at www.innovativex.com.

 

Part Two: Additional Legal Terms

 

1. DISCLAIMER OF WARRANTIES

YOUR USE OF THE PRODUCTS AND SERVICES AND THE SERVICE CONTENT IS AT YOUR SOLE RISK. THE PRODUCTS AND SERVICES AND THE SERVICE CONTENT EACH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE AND OUR SUPPLIERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SERVICES OR ANY SERVICE CONTENT, AND YOU RELY ON THE PRODUCTS AND SERVICES AND SERVICE CONTENT AT YOUR OWN RISK. ANY MATERIAL THAT YOU ACCESS OR OBTAIN THROUGH OUR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL THROUGH OUR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM OUR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME STATES MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.

 

2. LIMITATION OF LIABILITY

WE AND OUR SUPPLIERS AND LICENSORS WILL NOT BE LIABLE 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 WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF OUR SERVICES AND SERVICE CONTENT. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF US AND OUR SUPPLIERS AND LICENSORS OF ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF THE PRODUCTS AND SERVICES AND SERVICE CONTENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE AMOUNTS, IF ANY, THAT YOU HAVE PAID TO US FOR YOUR USE OF THE SERVICES AND SERVICE CONTENT. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

 

3. INDEMNITY

You will indemnify and hold us, our suppliers and licensors, and our respective subsidiaries, affiliates, officers, agents, employees, representatives, and assigns harmless from any costs, damages, expenses, and liability caused by your use of the Products and Services and Service Content, your violation of these Terms, or your violation of any rights of a third party through use of the Products and Services or Service Content.

 

4.   LEGAL VENUE

Licenses acquired in the United States are governed by the laws thereof  pertaining to the interpretation of these terms, claims for breach of them, and all other claims (including consumer protection, unfair competition, and tort claims), regardless of conflict of law principles.

 

Enforcement of these Terms will be governed by the laws of the State of Delaware, excluding its conflict and choice of law principles. The exclusive jurisdiction and venue for any claims arising out of or related to these Terms or your use of the Product and Services or Service Content will lie in the State and Federal Courts located within the State of Delaware, and you irrevocably agree to submit to the jurisdiction of such Courts. Our failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. In the event that a court of competent jurisdiction finds any provision of these Terms to be illegal, invalid, or unenforceable, the remaining provisions will remain in full force and effect.

 

Part Three: Collection and Use of Information Policy

 

The Innovative X Collection and Use of Information Policy is designed to assist you in understanding how we collect and use the personal information you provide to us and to assist you in making informed decisions when using our site and our Products and Services.

 

What Information Do We Collect?

When you visit our website you may provide us with two types of information: personal information you knowingly choose to disclose that is collected on an individual basis and website use information collected on an aggregate basis as you and others browse the site.

 

Personal Information You Choose to Provide:

 

Registration Information

You will provide us information about yourself, your company, and your business when you use Innovative X Products and Services, or register for email newsletters and alerts.  You are solely responsible for any content and other material that you submit, publish, transmit, or display on, through, or with our Products and Services.

 

Email Information

Email addresses are used for the purposes of inviting new contacts to join Innovative X’s online Products and Services, to add users to members' service, and to send notifications related to the Products and Services. In addition, if you choose to correspond with us through email, we may retain the content of your email messages together with your email address and our responses.

 

Website Use Information

Similar to other commercial websites, this site utilizes a standard technology called “cookies” (see explanation below, “What Are Cookies?”) and Web server logs to collect information about how this site is used. Information gathered through cookies and web server logs may include the date and time of visits, the pages viewed, time spent at this site, and the websites visited just before and just after our site.

 

Innovative X may also log non-personally-identifiable information including IP address, profile information, aggregate user data, and browser type, from users and visitors to the site. This data is used to manage the website, track usage and improve the website services. This non- personally-identifiable information may be shared with third parties to provide more relevant services to members. User IP addresses are recorded for security and monitoring purposes.

 

How Do We Use the Information That You Provide to Us?

Broadly speaking, we use personal information for purposes of administering and expanding our business activities, providing customer service and making available other Products and Services to our customers and prospective customers. Occasionally, we will also use the information we collect to notify you about important changes to this website, new services and special offers we think you will find valuable to you. You may, however, notify us of your desire not to receive these offers by clicking the unsubscribe link contained in each such email.

 

How Do We Use Information We Collect from Cookies?

As you use this website, the site uses its cookies to differentiate you from other users. In some cases, we also use cookies to prevent you from needing to log in more than is necessary for security. Cookies, in conjunction with our web server’s log files, allow us to calculate the aggregate number of people visiting this site and which Products and Services in the site are most popular. This helps us gather feedback in order to constantly improve this site and better serve our customers. Cookies do not allow us to gather any personal information about you, and we do not generally store any personal information that you provided to us in your cookies.

 

Sharing Information with Third Parties

The information we collect is used to improve the content of this site and the quality of our Products and Services, and is not shared with or sold to other organizations for commercial purposes. That being said, your information could be shared under the following circumstances:

 

We use third parties to facilitate our business, including, but not limited to, sending email and processing payments. In connection with these offerings and business operations, these third parties may have access to your personal information for use in connection with those business activities.

 

As we develop our business, we may buy or sell assets or business offerings. Customer, email, and visitor information is generally one of the transferred business assets in these types of transactions.

 

How Do We Use Information We Collect from Cookies?

As you use this website, the site uses its cookies to differentiate you from other users. In some cases, we also use cookies to prevent you from needing to log in more than is necessary for security. Cookies, in conjunction with our web server’s log files, allow us to calculate the aggregate number of people visiting this site and which Products and Services in the site are most popular. This helps us gather feedback in order to constantly improve this site and better serve our customers. Cookies do not allow us to gather any personal information about you, and we do not generally store any personal information that you provided to us in your cookies.

 

Sharing Information with Third Parties

The information we collect is used to improve the content of this site and the quality of our Products and Services, and is not shared with or sold to other organizations for commercial purposes. That being said, your information could be shared under the following circumstances:

 

We use third parties to facilitate our business, including, but not limited to, sending email and processing payments. In connection with these offerings and business operations, these third parties may have access to your personal information for use in connection with those business activities.

 

As we develop our business, we may buy or sell assets or business offerings. Customer, email, and visitor information is generally one of the transferred business assets in these types of transactions.

 

We may also transfer such information in the course of corporate divestitures, mergers, or any dissolution. If it becomes necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our Terms of Service, or as otherwise required by law.

 

Notice of New Services and Changes

Occasionally, we may also use the information we collect to notify you about important changes to this website, new services, and special offers we think you will find valuable. As our customer, you will be given the opportunity to notify us of your desire not to receive these offers by clicking the unsubscribe link contained in each such email.

 

 

Sharing and Disclosure of Information that Innovative X Collects

Except as otherwise described in this privacy statement, Innovative X will not disclose personal information to any third party unless we believe that disclosure is necessary: (1) to conform to legal requirements (2) to enforce the Innovative X online service Terms of Use Agreement or to protect our rights; or (3) to protect the safety of members of the public and users of the Products and Services. Innovative X reserves the right to transfer personal information to a successor in interest that acquires rights to that information as a result of the sale of Innovative X or substantially all of its assets to that successor in interest. For more information see the "Changes in Our Collection and Use of Information Policy" section below.

 

Changes in Our Collection and Use of Information Policy

From time to time we may make changes to our Collection and Use of Information Policy. If we make changes, we will post them on our site to make users aware of what the changes are so users will always be aware of what information we collect, how we use it, and when we may disclose it. A user is bound by any minor changes to the policy when she or he uses the site after those changes have been posted. If, however, we are going to use users' personally identifiable information in a manner materially different from that stated at the time of collection we will notify by posting a notice on our Web site for 30 days.

 

What About Other Websites Linked to This Site?

We are not responsible for the practices employed by websites linked to or from our site nor the information or content contained therein. Often links to other websites are provided solely as pointers to information on topics that may be useful to the users of our site. Please remember that when you use a link to go from our site to another website, our Collection and Use of Information Policy is no longer in effect. Your browsing and interaction on any other website, including sites which have a link on our site, is subject to that website’s own rules and policies. Please read over those rules and policies before proceeding.

 

Your Consent

By using this site you consent to our collection and use of your personal information as described in this Collection and Use of Information Policy. If we change our privacy policies and procedures, we will post those changes on this site to keep you aware of what information we collect, how we use it and under what circumstances we may disclose it.

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