Terms of Use

Updated: July 31st, 2019

Version: 1.0.190731

THIS IS A LEGALLY BINDING AGREEMENT TO WHICH YOU ARE CONSENTING TO BE BOUND BY WHEN USING OUR PRODUCTS OR SERVICES. PLEASE READ THIS AGREEMENT VERY CAREFULLY BEFORE USING THIS SOFTWARE OR THESE SERVICES. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, IMMEDIATELY STOP, AND PERMANENTLY DISCONTINUE, USING OUR PRODUCTS OR SERVICES FROM THIS POINT FORWARD. YOU MUST COMPLY WITH THESE TERMS OF USE TO LAWFULLY USE THIS SOFTWARE OR THESE SERVICES.

UNLAWFUL OR PROHIBITED USE OF THIS SOFTWARE OR THESE SERVICES IS PUNISHABLE BY LAW!

These TERMS OF USE are an agreement between us, the 'Team ISE' website found at: http://www.TeamISE.org, herein referred to as "Licensor," and YOU, herein referred to as "Customer." By the terms of this agreement, Licensor grants to Customer the nonexclusive and nontransferable right to use this software and services under the terms of this agreement. These terms apply to all software, services, media, code, product documentation, consulting services, or any other items which you may have received as part of using our software or services. These TERMS OF USE also apply to any other software or services provided by Licensor, unless other written terms accompany that software or service specifically, and in that case, those specific terms supersede these terms, which then become secondary. The TERMS OF USE are as follows:

1. USE RIGHTS

Customer may use our software or services, on any number of devices, as Licensor has made them available to Customer, for the purpose of Customer’s normal activities. Customer may only use Licensor’s software and services for their intended purposes, and only in the case where it is lawful to do so. Licensor’s software and services may not be used to reverse engineer our software or services. Licensor’s software and services may not be used to develop a product competing with our software or services. Using this software or service for anything other than its intended purpose is expressly prohibited and considered a violation of this agreement.

2. SCOPE OF AGREEMENT

Licensor’s software and services are licensed, not sold. This agreement only gives Customer some rights to use Licensor’s software and/or services. Licensor reserves all other rights to this software and these services. Customer may use this software and/or services only as expressly permitted in this agreement. In doing so, Customer must comply with any technical limitations in the software and/or services that only allow these applications to be used in a certain ways. Customer may not, under any circumstances:

-- Work around any technical limitations in the software and/or services,
-- Reverse engineer, decompile, or disassemble the software and/or services,
-- Make copies of any software and/or services Licensor has provided to Customer,
-- Republish any of Licensor’s software and/or services for Customer and/or others to use,
-- Sell, rent, lease, or lend any of Licensor’s software and/or services, or
-- Transfer the software, services, or this agreement to any third party.

You are herein given the right to use the software and these services, but you do not own this software or these services. Licensor retains all ownership of this software and these services.

3. VIOLATION OF AGREEMENT

In the event that Customer violates this agreement in any way, Customer agrees to immediately stop using Licensor’s software and services, as well as any materials or media obtained through the use of Licensor’s software or services, and remove all traces of Licensor’s software and services from Customer’s computers. In some cases, Customer may be legally liable for damages to Licensor for violating this TERMS OF USE agreement, and in such an event, Customer agrees to pay for all damages and legal fees incurred by Licensor, arising out of a violation of this agreement.

4. SUPPORT SERVICES

These software and services are licensed “as-is,” and Licensor may or may not provide support services for our products and services, or may stop providing support services for any software or services at any time, with or without notice.

5. INFORMATION COLLECTION

By using our products or services, Customer agrees that Licensor may collect, store, and use data about Customer in accordance with our Privacy Policy. Licensor’s Privacy Policy explains how Customer’s personal data and privacy is protected when using our products and services. Licensor’s most current Privacy Policy can reviewed on our website here and may be changed at any time, with or without notice to Customer.

6. MODIFICATION OF SOFTWARE OR SERVICES

Licensor reverses the right to modify, change, extend, and/or terminate any software or service at any time, for any reason, with or without notice or cause.

7. NO PROHIBITED USE

Customer agrees not to use any software or services for any purpose that is unlawful or prohibited within their country’s jurisdiction, as well as any purpose prohibited by United States law. Licensor’s software and services may not be used in any manner that could damage, disable, overburden, or impair any of Licensor’s server(s), network(s), or to interfere with any other party’s use and enjoyment of any software or services. Customer may not attempt to gain unauthorized access to any of our software, services, other accounts, computer systems, or networks through any means. Customer may not obtain, or attempt to obtain, any software, services, materials or information through any means, that is not intentionally made available through our software or services.

8. RIGHT OF REFUSAL

Licensor reserves the right to refuse software or services to any person, business, organization, or entity, AT ANY TIME, FOR ANY REASON, with or without notice or cause. In such an event, Customer agrees to no longer use said software or service, without Licensor’s written permission stating otherwise.

9. EXPORT RESTRICTIONS

Licensor’s software and services are subject to United States export laws and regulations. Customer must comply with all domestic and international export laws, as well as any regulations that apply to the software and services. These laws include restrictions on destinations, end users, and end use.

10. MODIFICATION OF TERMS OF USE

Licensor may modify this TERMS OF USE agreement at any time, with or without notice or cause. If Licensor’s TERMS OF USE agreement is modified, the most recent version of the TERMS OF USE agreement will apply to all of our software and or services, and will supersede this version of the TERMS OF USE agreement. Licensor’s most current TERMS OF USE agreement may be viewed at any time on our Terms of Use page on our website here.

11. ENTIRE AGREEMENT

This agreement applies to any software, services, supplements, updates, support services, computer codes, images, documentation, or any other materials owned by Licensor and provided for the use of Customer that do not have any other explicit TERMS OF USE agreement. This is the entire agreement for said software, services, supplements, updates, support services, computer codes, images, documentation, or any other materials owned by Licensor and provided for the use of Customer.

12. APPLICABLE LAW

The laws applicable to our software and services are dependent upon Customer’s physical location. If Licensor’s software or services were acquired in the United States, Colorado state law governs the interpretation of this agreement and applies to all claims, without regard to the conflict of laws principle. If Licensor’s software and/or services were acquired in any other country, the laws of that local jurisdiction apply.

13. LEGAL INTENT

Any term or condition in this agreement determined to be unenforceable and/or illegal under any laws where a dispute of this agreement may be claimed, said terms, conditions, or clauses shall be voided and severed from the remainder of this agreement, and shall not affect the validity of the remaining agreement in any way. Any provisions of applicable laws in said jurisdiction shall always take precedence over any conflicting or inconsistent terms, provisions, conditions, or clauses contained herein. In that case that any term or condition in this agreement determined to be unenforceable and/or illegal under said laws, Licensor reserves the right to modify this Terms of Use agreement, in any way Licensor sees fit and at Licensor's sole discretion, to make this Terms of Use agreement legal and enforceable within said laws and locale.

14. LEGAL FEES

In the event that either Licensor or Customer commences mediation, arbitration, litigation, or any similar action to enforce or protect such Party's rights in accordance with and under this Agreement, Licensor shall be entitled to recover from Customer any and all reasonable attorneys' fees, costs, and expenses (including the costs of experts, evidence, and counsel) and other costs relating to such action, in addition to all other entitled relief, including damages and injunctive relief. Customer agrees to waive any and all rights to recover any monetary damages, injunctive relief, legal fees and costs, or any other such expenses associated with such action.

15. NO WARRANTY EXPRESSED OR IMPLIED

LICENSOR'S SOFTWARE AND SERVICES ARE LICENSED “AS-IS.” BY USING OUR SOFTWARE OR SERVICES, CUSTOMER AGREES TO BEAR ALL RISK OF USING THIS SOFTWARE OR THESE SERVICE. LICENSOR GIVES NO EXPRESS OR IMPLIED WARRANTIES, GUARANTEES, OR CONDITIONS.

CUSTOMER MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER LOCAL LAW, LICENSOR EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT.

16. LIMIITATION OF LIABILITY

IN NO EVENT SHALL CUSTOMER HOLD LICENSOR, ITS EMPLOYEES, REPRESENTATIVES, PARTNERS, AGENTS, CONTRACTORS, AND/OR OTHER CUSTOMERS, LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL, OR OTHER EQUITABLE THEORY, FOR:

-- ANY LOST PROFITS, DATA LOSS, TIME LOSS, WORK LOSS, AND/OR COST OF GOODS OR SERVICES LOSS,
-- ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER,
-- ANY SOFTWARE DEFECTS, BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR
-- ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF FEES PAID TO USE THE PARTICULAR SERVICES DURING THE IMMEDIATELY PREVIOUS ONE MONTH PERIOD,

DIRECTLY OR INDIRECTLY ARISING OUT OF THE USE OF LICENSOR'S SOFTWARE OR SERVICES.

THIS CONDITION APPLIES EVEN IF LICENSOR HAD BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, ABOUT THE POSSIBILITY THEREOF. CUSTOMER ACKNOWLEDGES THAT THE FEES PAID BY HIM OR HER REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT LICENSOR WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS. CUSTOMER HEREBY WAIVES ANY AND ALL CLAIMS AGAINST LICENSOR ARISING OUT OF CUSTOMERS'S PURCHASE OR USE OF THIS SOFTWARE AND THESE SERVICES, OR ANY CONDUCT OF LICENSOR'S DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS, OR CUSTOMERS. CUSTOMER'S SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICES OR ANY OTHER GRIEVANCE SHALL BE CUSTOMERS TERMINATION OF USE AND DISCONTINUATION OF ACCESS TO OR USE OF THIS SOFTWARE AND THESE SERVICES.

SOME JURISDICTIONS LIMIT OR PROHIBIT THE FOREGOING LIMITATIONS. IN SUCH JURISDICTIONS, THE FOREGOING LIMITATIONS SHALL BE APPLIED TO THE MAXIMUM EXTENT PERMITTED BY LAW.