TERMS AND CONDITIONS OF USE OF IS

Last Updated: December 18, 2014

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEB SITE OR THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS, POLICIES, GUIDELINES AND DISCLOSURES INCORPORATED BY REFERENCE. IF YOU ARE OBTAINING A LICENSE ON BEHALF OF AN ORGANIZATION, YOU CONFIRM THAT YOU HAVE THE AUTHORITY TO BIND THE ORGANIZATION AND THAT THE ORGANIZATION WILL BE BOUND BY THESE TERMS, AND THE TERM “YOU” SHALL THEN REFER TO YOU AND YOUR ORGANIZATION. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEB SITE OR THE SERVICES.

These Terms and Conditions of Use (this “Agreement”) apply exclusively to your access to, and use of, the IS Web site, owned by InSite Applications, LLC (the “Company”), located at www.ISapp.com (the “Site”) and the information and other services provided therein and through the IS mobile app (the “Services” and together with the Site, “IS”). These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with the Company, or its subsidiaries or affiliates, for products, services or otherwise.

The Company reserves the right to change or modify any of the terms and conditions contained in these Terms of Use or any policy or guideline of the Site or the Services, at any time and in its sole discretion. Any changes or modification will be effective immediately upon posting of the revisions on the Site. Your continued use of this Site or the Services following the posting of such changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review these Terms of Use and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Site and Services. If you do not agree to the amended terms, you must stop using the Site and the Services

1. Who May Use IS

You must be at least 13 years old to use IS. Use is void where prohibited. By using IS, you represent and warrant that you have the right, authority and capacity to enter into these Terms of Use and to abide by all of the terms and conditions of these Terms of Use. If you are under the age of 18, you agree that you have reviewed the terms and conditions of these Terms of Use with your parent or guardian prior to your use of IS. If you are a parent or guardian entering into these Terms of Use for the benefit of a child aged 13 or older, then you agree to accept full responsibility for that child’s use of IS, including, without limitation, all financial charges and legal liability that such child may incur. IS may, in its sole discretion, refuse to offer access to IS to any person or entity and change its eligibility criteria at any time.

2. License to Use IS

Unless otherwise indicated, IS and all content and other materials on the Site or forwarded by the Company through the Services, including, without limitation, the Company’s logo, and all designs, text, graphics, pictures, reviews, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the “IS Materials”) are the property of the Company or its licensors or users and are protected by U.S. and international copyright laws.

You are granted a limited, non-sub-licensable, non-transferable and non-exclusive license to access and use the Site and the Services. Such license is subject to these Terms of Use and does not include or authorize: (a) any resale or commercialization of the Site, the IS Materials or the content forwarded to you by IS; (b) the distribution, public performance or public display of any IS Materials, (c) modifying or otherwise making any derivative uses of the Site or the IS Materials, or any portion thereof; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (other than the page caching) of any portion of the Site, the IS Materials or any information contained therein, except as expressly permitted on by the Company; or (f) any use of the Site or the IS Materials other than for its intended purpose. Any use of the Site or the IS Materials other than as specifically authorized herein, without the prior written permission of the Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.

3. Safety

IS is designed to allow you to share your location (via your mobile device) on a map. It is also designed to provide you with the ability to know when you are broadcasting your location and with the ability to limit the duration of such broadcast. Nonetheless, use of IS may involve special risks associated with other persons knowing your location. You should only share such information with those that you trust. You should not endanger yourself or others by viewing a portable mobile device while driving, operating dangerous mechanical devices, or in other situations in which you should be observing your surroundings.

4. Consent to Receive Emails

By using IS, you consent to receive emails and other communications from the Company, which may include commercial emails (or if you provide your phone number, text messages). We will not use your personal information to send you news and product updates, unless you "opt in" to receiving such communications. In addition, you may “opt out” of receiving marketing or promotional emails from the Company by following unsubscribe instructions or using unsubscribe links within communications we send. Please note, however, that as long as you use IS, you may not “opt out” of receiving service related emails from the Company.

5. Privacy

Your privacy rights are set forth in our Privacy Policy (the “Privacy Policy”), which forms a part of these Terms of Use. Please review the Privacy Policy to learn about:

  • What information we may collect about you;
  • What we use that information for;
  • What third-party information, if any, you are agreeing to share by using IS; and
  • With whom we share that information

6. Registration

When you register for IS, you will be required to provide the phone number of your mobile device. IS will then send you a verification code that you will be required to input into IS in order to register your mobile device. By providing your phone number and inputting the verification code, you will be authorizing us to periodically access certain information stored in your mobile device, including the name and telephone number of your mobile device contacts. By allowing us to access such information, you expressly acknowledge and agree that we may use such information for the purpose of identifying those of your mobile device contacts who are IS users, connecting you with those users on IS and sending a one-time notification to those users informing them that you have registered for IS and have connected with them. Note that IS does not collect the home addresses, email addresses or profile pictures of your mobile device contacts, only their names and telephone numbers. Also note that if IS accesses the name or telephone number of a mobile device contact that is not associated with a current IS user, such information will be categorized as “out –network” information. When you provide IS with your name and the phone number of your mobile device, you also expressly acknowledge that such information may be used for purposes of connecting you with other IS users who have stored such information on their own mobile device. Please take precautions to protect your password on your mobile device, as well as the verification code that we provide to you when you register for IS, and contact us immediately if you believe your device has been accessed by an unauthorized person. IS will not be liable for any losses caused by unauthorized use of your device.

7. Term and Termination; Account Deletion

These Terms of Use begin on the date you first use IS and continues until terminated in accordance with the provisions hereof. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnification provisions and limitations of liability.

The Company may suspend, disable, or delete your account (or any part thereof) if the Company determines that you have violated any provision of these Terms of Use or that your conduct or content would tend to damage the Company’s reputation or goodwill. If the Company deletes your account for the foregoing reasons, you may not re-register under a different name.

Upon termination, all licenses granted by the Company will terminate. In the event of account deletion for any reason, content that you submitted may no longer be available. The Company shall not be responsible for the loss of such content.

8. Disclaimers and Acknowledgements Regarding Use of Site Information

THE SITE, THE IS MATERIALS AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT AS TO THE INFORMATION, CONTENT OR MATERIALS ON THE SITE OR PROVIDED THOUGH THE SERVICES. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT IS MATERIALS, INCLUDING THE INFORMATION AVAILABLE IN OR ON THE SITE, OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

You should independently verify the accuracy of any information you obtain on the Site or through the Services before using it. You agree to be solely responsible for your use of the content found on the Site, the IS Materials and the Services. NONE OF THE COMPANY OR ANY OF ITS AFFILIATES, INDEPENDENT CONTRACTORS, SERVICE PROVIDERS OR CONSULTANTS, OR ANY OF THEIR RESPECTIVE MEMBERS, DIRECTORS, EMPLOYEES AND AGENTS (1) ARE RESPONSIBLE FOR ERRORS OR OMISSIONS IN ANY INFORMATION OR MATERIALS CONTAINED ON THE SITE OR THROUGH THE SERVICES OR (2) REPRESENT OR WARRANT THAT THE SITE OR THE SERVICES, OR ANY CONTENT OR MATERIALS RELATED TO THE SERVICES, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR WILL NOT RESULT IN ANY DAMAGE TO YOUR MOBILE DEVICE; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES, SPYWARE, MALWARE, AND OTHER HARMFUL OR OTHERWISE UNDESIRABLE COMPONENTS FROM ANY DOWNLOAD.

Company reserves the right to change any and all content contained in or on the Site and any Services offered through the Site at any time without notice.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY OR ANY OF ITS AFFILIATES, INDEPENDENT CONTRACTORS, SERVICE PROVIDERS OR CONSULTANTS, OR ANY OF THEIR RESPECTIVE MEMBERS, DIRECTORS, EMPLOYEES AND AGENTS, BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATED TO OR CONNECTED WITH ANY USE OF THE SITE, THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE OR SERVICES, INCLUDING WITHOUT LIMITATION ANY DAMAGES, LOSS OR INJURY CAUSED BY OR RESULTING FROM RELIANCE BY THE USER ON ANY INFORMATION OBTAINED FROM THE COMPANY OR THE SITE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE COMPANY'S RECORDS, PROGRAMS OR SERVICES. TO THE EXTENT A COURT OF COMPETENT JURISDICTION DETERMINES THAT ANY SUCH PERSON HAS INCURRED ANY LIABILITY TO YOU ARISING OUT OF OR RELATING IN ANY MANNER TO THE USE OF THE SITE, THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE OR SERVICES, SUCH LIABILITY SHALL NOT EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO THE COMPANY FOR ACCESS TO OR USE OF THE SITE OR THE SERVICES.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.

SOLELY IN RESPECT OF USERS LOCATED IN EUROPEAN ECONOMIC AREA (THE “EEA”) AND/OR AUSTRALIA, NOTHING IN THESE TERMS OF USE SHALL BE DEEMED TO EXCLUDE OR LIMIT OUR OR YOUR LIABILITY (AS APPLICABLE) IN RESPECT OF:

DEATH OR PERSONAL INJURY ARISING AS A RESULT OF OUR OR YOUR NEGLIGENCE (AS APPLICABLE); FRAUD (INCLUDING FRAUDULENT MISREPRESENTATION), THEFT OR OTHER CRIMINAL ACTIVITY; OR ANY BREACH OF ANY OBLIGATIONS IMPLIED BY SECTION 12 OF THE SALE OF GOODS ACT 1979 OR SECTION 2 OF THE SUPPLY OF GOODS AND SERVICES ACT 1982.

10. Code of Conduct; Prohibited Activities

In using IS, you must behave in a civil and respectful manner at all times. Further, you agree that you will not:

  • Harass or stalk any other person;
  • Harm or exploit minors;
  • Violate any applicable law;
  • Use an account that is subject to the rights of a person other than you without appropriate authorization;
  • Act in a deceptive manner by, among other things, impersonating any person;
  • Collect information about others;
  • You will not express or imply that any statements you make are endorsed by the Company without our specific prior written consent, which we may withhold in our %li sole discretion.
  • You will not distribute spam, and will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to %li retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of IS or its contents.
  • You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior %li consent of the owner of such proprietary rights.
  • You will not interfere with or disrupt IS or the servers or networks connected to IS.
  • You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, %li destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
  • The Company has the right, but not the obligation, to monitor all conduct on and content submitted to IS.

11. Content Restrictions

You are solely responsible for the content that you publish or display (hereinafter, “post”) on IS, or transmit to other IS users, and the Company has no responsibility for such content. You will not post on IS, or transmit to other users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually explicit, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to the Company or to any other user. If information provided to the Company or another user subsequently becomes inaccurate, misleading or false, you will promptly notify the Company of such change. Content that you may not upload, post, or transmit (collectively, “submit”), includes without limitation, content that:

is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

  • harasses or advocates harassment of another person;
  • promotes information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  • provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18;
  • contains sexually explicit content;
  • provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
  • involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”;
  • promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
  • solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
  • engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes;
  • infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.);
  • Your use of IS, including but not limited to the content you post on the service, must be in accordance with any and all applicable laws and regulations.

12. Licenses Granted by You

You grant the Company and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, royalty- free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from, any content that is added, created, uploaded, submitted, distributed or otherwise accessed from you in connection with your use of IS (“User Submissions”). In addition, you waive any so-called “moral rights” in your content. You further grant all users of IS a non-exclusive license to copy, transmit, distribute, publicly perform and display such User Submissions for personal, non-commercial purposes in connection with their use of IS.

13. Your Representations and Warranties

For each piece of content that you submit, you represent and warrant that: (i) you have the right to submit the content to the Company and grant the licenses set forth above; (ii) the Company will not need to obtain licenses from any third party or pay royalties to any third party in connection with such content; (iii) the content does not infringe any third party’s rights, including intellectual property rights and privacy rights; and (iv) the content complies with these Terms of Use and all applicable laws.

14. Indemnification

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless the Company, its affiliates, independent contractors, service providers and consultants, and each of their respective members, directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees and expenses) arising out of or related to any User Submissions or your use of or inability to use the Site or the Services, including without limitation any actual or threatened suit, demand or claim arising out of or relating to User Submissions, your conduct, your violation of these Terms of Use or your violation of the rights of any third party.

15. Trademarks

“IS” (in design), “Moments Await”, the Company logo and any other product or service name or slogan contained on the Site or included in the Services are trademarks or registered trademarks of the Company and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written consent of the Company or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing “IS” (in design), “Moments Await” or any other name, trademark or registered trademark or product or service name of the Company without our prior written consent. In addition, the look and feel of the Site and graphical user interface of the Services, including, but not limited to, all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/ or trade dress of the Company and may not be copied, imitated or used, in whole or in part, without our prior written consent. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site or through the Services are the property of their respective owners.

16. Third Party Copyrights and Other Rights Copyright Policy

The Company respects the intellectual property of others, and we ask our users to do the same. Each user is responsible for ensuring that the materials they upload to IS do not infringe any third party copyright or other intellectual property rights.

The Company will promptly remove materials in accordance with the Digital Millennium Copyright Act (“DMCA”) if properly notified that the materials infringe a third party’s copyright or other intellectual property right. In addition, the Company may, in appropriate circumstances, terminate the accounts of repeat copyright infringers.

If you believe that any material on the Site or the Services infringes upon any copyright which you own or control, you may file a notification of such infringement, at the contact information set forth below.

We may give notice of a claim of copyright infringement to our users by means of a general notice on the Site, electronic mail to a user's email address in our records, or by written communication sent by first-class mail to a user's address in our records.

DMCA Takedown Notice

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with a written notice containing the following information:

  • Your name, address, telephone number, and email address (if any).
  • A description of the copyrighted work that you claim has been infringed.
  • A description of where the material that you claim is infringing is located on IS, sufficient for the Company to locate the material.
  • A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law.
  • A statement by you that the information in your notice is accurate and, UNDER PENALTY OF PERJURY, you are the copyright owner or authorized to act on the copyright owner's behalf.
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.

DMCA Counter-Notification

If you believe that your material has been removed by mistake or misidentification, please provide the Company with a written counter-notification containing the following information:

  • Your name, address, and telephone number.
  • A description of the material that was removed and the location where it previously appeared.
  • A statement UNDER PENALTY OF PERJURY that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.
  • A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, any judicial district in which the Company may be found (which includes the United States District Court for the Southern District of New York), and that you will accept service of process from the person who filed the original DMCA notice or an agent of that person.
  • Your electronic or physical signature.
  • In addition, please make sure that all of the information you provide is accurate. UNDER SECTION 512(f) OF THE COPYRIGHT ACT, 17 U.S.C. § 512(f), ANY PERSON WHO KNOWINGLY MATERIALLY MISREPRESENTS THAT MATERIAL OR ACTIVITY IS INFRINGING OR WAS REMOVED OR DISABLED BY MISTAKE OR MISIDENTIFICATION MAY BE SUBJECT TO LIABILITY.

    If you have questions about the legal requirements of a DMCA notice, please contact an attorney or see Section 512(c)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(c)(3), for more information. If you have questions about the legal requirements of a DMCA counter-notification, please contact an attorney or see Section 512(g)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(g)(3), for more information.

    17. Third Party Services

    The Site or the Services may also contain, provide information regarding or link to certain applications and services provided or offered by third parties (collectively the “Third-Party Services”). The Company is merely an information provider and is not a referral service, and it does not recommend or endorse any such Third-Party Services or monitor or have any control over such Third-Party Services. Therefore, the Company makes no guarantee, representation or warranty of any kinds as to the quality, competency, value, reliability, responsiveness, accuracy or completeness of any such Third-Party Services or the results obtained therefrom, and the Company assumes no responsibility or liability for any Third Party Services or for the actions or failure to act of those providing such Third-Party Services. You assume full responsibility for your use of any such Third-Party Services, and the Company is not responsible or liable for any Third-Party Services.

    8. Advertisements and Promotions

    The Company may run advertisements and promotions from third parties on the Site or through the Services. Your business dealings or correspondence with, or participation in promotions of, advertisers other than the Company, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. The Company is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-Company advertisements on the Site or made available through the Services.

    19. Mobile Services

    Some of the Services require the use of mobile devices and wireless services. Please be aware that your carrier’s normal rates and fees, including data charges, will still apply. You should check with your carrier to learn about such charges. By using the Services, you agree that IS may communicate with you regarding the Services by SMS, text message, email or other electronic means to your mobile device or email address, including without limitation providing promotional offers and information from third parties.

    20. Submissions

    You acknowledge and agree that any materials, including but not limited to questions, comments, reviews, suggestions, ideas, feedback, plans, notes, original or creative materials or other information, provided by you in the form of email or other submissions to the Company, or any User Submissions, are non-confidential and shall become the sole property of the Company.

    21. General Provisions

    GOVERNING LAW: Except for users located in the EEA and/or Australia, these Terms of Use shall be governed by the laws of the State of New York, United States of America, without regard to principles of conflicts of law. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply. Solely in respect of users located in the EEA and/or Australia, these Terms of Use shall be governed by the laws of England.

    DISPUTES: Except for users located in the EEA and/or Australia, any action arising out of or relating to these Terms of Use or your use of IS must be commenced in the state or federal courts located in New York County, New York, United States of America (and you consent to the jurisdiction of those courts). In any such action, the Company and you irrevocably waive any right to a trial by jury. Solely in respect of users located in the EEA and/or Australia, any action arising out of or relating to these Terms of Use or your use of IS must be commenced in the courts of England (and you consent to the jurisdiction of those courts).

    INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES: Headings are for convenience only and shall not be used to construe the terms of these Terms of Use. If any provision of these Terms of Use is found invalid or unenforceable by any court of competent jurisdiction, that provision will be severed from these Terms of Use. No failure or delay by the Company in exercising any right hereunder will waive any further exercise of that right. The Company’s rights and remedies hereunder are cumulative and not exclusive.

    SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES: These Terms of Use is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign these Terms of Use without the Company’s prior written consent. No third party shall have any rights hereunder.

    Solely in respect of users located in the EEA and/or Australia, in respect of these Terms of Use and your use of IS, nothing in these Terms of Use shall be deemed to grant any rights or benefits to any person, other than us and you (and our and your respective successors in title or assignees), or entitle any third party to enforce any provision hereof, and we and you agree that we do not intend that any provision of these Terms of Use should be enforceable by a third party by virtue of the Contracts (Rights of Third Parties) Act 1999.

    NOTICES: You consent to receive all communications including notices, agreements, disclosures, or other information from the Company electronically. The Company may provide all such communications by email or by posting them on IS. Support-related inquiries or notices of a legal nature (such as a subpoena) may be sent to us at info@isapp.com or the following address:

    InSite Applications, LLC
    280 Park Avenue, 41st
    New York, New York 10017

    Nothing herein shall limit the Company’s right to object to subpoenas, claims, or other demands.

    MODIFICATION; ENTIRE AGREEMENT:

    These Terms of Use may not be modified except by a revised Terms of Service posted by the Company on IS or a written amendment signed by an authorized representative of the Company. A revised Terms and Conditions of Use will be effective as of the date it is posted. These Terms of Use constitute the entire understanding between the Company and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same.

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