Terms of Service Updated June 19th, 2018
Welcome to Concourse! Access or use of our website, campusconcourse.com, any of its subdomains, or any other online services provided by Intellidemia, Inc. (collectively, the "Site"), is expressly conditioned upon your acceptance of the following Terms of Service. Therefore please take some time to read over the Terms below.
By accessing or using the Site, you are agreeing to the Terms of Service and acknowledge that your Account will be handled in accordance with such Terms of Service.
1. Introduction
These Terms of Service, as may be amended from time to time, together with any documents, policies, or terms they incorporate by reference (collectively, the "Terms"), are entered into by and between you and Intellidemia, Inc., a New York corporation ("Intellidemia", "we", or "us"). For purposes of these Terms, "you" includes, individually and collectively, you (the "User") and any individual, associate, or visitor that is accessing or using the Site.
To the extent that you have entered into an enterprise license agreement, master services agreement, or other written agreement fully executed and signed by an authorized representative of Intellidemia that contains terms that directly conflict with any terms below, the other agreement will control.
You acknowledge and agree that by accessing or using the Site, or signing an agreement incorporating these Terms, that you have read, understand, and agree to be bound by these Terms, irrespective of whether you are a guest or a registered user of the Site. If you do not agree to these Terms, you may not access or use the Site.
2. Privacy Policy
Your privacy is important to us, and we are committed to protecting your personal information. Any personal information submitted in connection with your use of the Site is subject to our privacy policy (the "Privacy Policy"), which is hereby incorporated by this reference. We will use information about you solely for the purpose of enabling services within and improving the Site.
3. Site Use and Restrictions
Subject to the limitations contained in these Terms, you may access or use the Site as authorized by these Terms. You agree not to access or use the Site for any other purpose, including without limitation, any purpose that is prohibited by these Terms or by the law of any relevant jurisdiction and to comply with all applicable U.S. and international laws, statutes, ordinances, and regulations regarding your use of the Site.
You further agree not to:
use the Site in any manner that is illegal or impairs the operation of the Site or its availability to or use by others;
access or use, or attempt to access or use, any portion of the Site for which registration and/or permission is or would normally be required;
decompile, reverse engineer, or disassemble any software, processes, or other systems accessible through or incorporated into the Site;
insert any code or manipulate the Site in any way that affects the user experience, including taking any action that imposes, or may impose, an unreasonable or disproportionately large load on the Site;
use this Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site;
use any data mining, web crawlers, robots, spiders, or any other data gathering or extraction method in connection with your use of the Site;
access or use, or attempt to access or use, any portion of the Site for which registration and/or permission is or would normally be required.
You are solely responsible for providing, maintaining, and ensuring the compatibility of all hardware and software necessary for your access to or use of our Site.
4. User Accounts
The Site may require you, or in the presence of an enterprise agreement, the Institution on your behalf, to create a user account ("Account"). In either case, you agree to provide Intellidemia with current, complete, and accurate information and you agree to regularly update this information to maintain its accuracy and completeness.
You are responsible for all activities that occur under your username and password, and for maintaining the confidentiality of your credentials. You agree to immediately notify Intellidemia in the event your registration information changes, you learn of or have reason to suspect any unauthorized use of your Account or any other breach of security, or you believe that your username and password may have been compromised. Intellidemia will not be liable for any loss or damage arising from your failure to comply with this clause.
5. User Representations
You hereby represent and warrant that:
you are over the age of 13 and have the power and authority to enter into and perform your obligations under these Terms;
all information provided by you to Intellidemia is truthful, accurate, and complete and that you will maintain the accuracy and completeness of that information over time;
you will comply with these Terms and all other agreements and terms related to your use of our Site;
your access to or use of our Site will not constitute a breach or violation of any other agreement, contract, terms of use, or any law or regulation to which you are subject;
you will immediately notify Intellidemia should you learn or suspect that your username, or password has been disclosed or otherwise made known.
In the event that you post any User Content to our Site, you hereby make the following additional representations and warranties to Intellidemia:
you are the owner of such User Content or otherwise have the right to utilize such content;
the User Content does not violate the rights of any third-party;
the use of any User Content will not result in harm or personal injury to any third-party; and
the use of any User Content by Intellidemia pursuant to these Terms will not violate the intellectual property rights of any third party.
6. Content and Ownership
You acknowledge that our Site contains software, text, graphics, downloads, and other materials provided by Intellidemia and third parties, including Users (collectively "Content"), some of which are protected by copyrights, trademarks, or other proprietary rights.
Intellidemia Content. The Intellidemia and Concourse names and logos, and all related products, software, design marks, and slogans, are the registered or unregistered trademarks or copyright of Intellidemia. Such marks and texts may not be used in any commercial manner without the prior written permission of Intellidemia. All other trademarks and service marks contained in the Site are the trademarks of their respective owners.
User Content. The Content posted by a User on our Site ("User Content") is and remains the intellectual property of the specific User or their licensors, if any. By posting User Content on our Site, you hereby grant Intellidemia a limited, non-exclusive, worldwide, perpetual, royalty-free license to use and reproduce the User Content solely in connection with providing access to or use of the Site. Intellidemia does not claim any ownership rights to such User Content.
No right, title, or interest in any Content is transferred to you as a result of your use of the Site or vice versa. Such right, title, and interest remain the property of their respective owners.
7. User Content Responsibility
You are responsible for all User Content posted to the Site. Intellidemia does not control nor monitor User Content for any purpose. Intellidemia reserves the right, but has no obligation, to remove any and all User Content that it feels is actually or potentially inappropriate, offensive, illegal, harmful in any way, or which may violate these Terms.
Furthermore, Intellidemia does not make any warranties or representations regarding any of the User Content offered on the Site, or the quality thereof. Intellidemia does not necessarily approve, endorse, sanction, encourage, verify, or agree with any viewpoint embodied in User Content. You understand that by using the Site, you may be exposed to User Content that may be considered offensive, indecent, vulgar, defamatory, or otherwise objectionable, and that in no way shall Intellidemia be liable for such exposure.
8. Account Termination
We may disable or terminate your Account, or cease providing you with all or part of the Site, at any time if we reasonably believe you have violated these Terms. Such termination may result in the deletion of your Account, including the permanent removal of User information and forfeiture and relinquishment of all User Content in your Account.
Further, if you do not access or use the Site for more than one (1) year, your Account may be disabled or deleted. Intellidemia assumes no responsibility for User information and User Content inaccessible or destroyed following inactivity.
9. Third-Party Links and Resources
Content may include links to other Sites or resources. Intellidemia has no control over such Sites or resources, and you acknowledge and agree that Intellidemia is not responsible for the availability, accessibility, or accuracy of such external Sites or resources, and that Intellidemia does not endorse and is not responsible or liable for any content from such Sites or resources.
10. Warranty and Disclaimer
Your access to or use of the Site and any Content is at your own risk. Further, Intellidemia makes reasonable efforts to maintain the Site and provide accurate, up-to-date information on the Site. However you understand and agree that the Site is provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, INTELLIDEMIA ON BEHALF OF ITSELF AND ALL OF ITS PARTNERS, VENDORS, AGENTS, AND THE LIKE, EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. No advice or information, whether oral or written, obtained from any representative or agent of Intellidemia or through the Site will create any warranty not expressly made herein.
11. Limitations of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INTELLIDEMIA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PRODUCTS; (ii) ANY CONDUCT OR CONTENT OF ANY USER OR OTHER THIRD PARTY ON, THROUGH, OR ASSOCIATED WITH THE PRODUCTS, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE PRODUCTS; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
12. Indemnification
You agree to defend, indemnify, and hold harmless Intellidemia, its officers, members, directors, employees, providers, and agents from and against any and all claims, liabilities, suits, damages, losses or expenses, including attorneys' fees and costs and expenses, arising out of:
- a breach or alleged breach by you of any of your representations, warranties, covenants, or obligations under these Terms;
- any claims based upon your access to, use of, or posting of User Content to the Site or information on the Site, including, without limitation, any claim of libel, defamation, violation of legal rights of others, loss of service by other subscribers, and/or infringement of intellectual property rights; and/or
- any negligence or willful misconduct by you.
13. Modifications
To these Terms
As our Site, technologies, and regulations evolve, these Terms will need to evolve as well. To ensure that you are kept informed of changes, check the Terms periodically.
Your continued access or use of our Site after any such changes constitutes your acceptance of the new Terms. If you do not agree with this or any future version of the Terms, do not access or use the Site.
To the Site
Intellidemia may, at any time, and without notice or liability, alter or deprecate any feature or Content of the Site or any portion thereof, or restrict the use of any portion of the Site. Your only right with respect to dissatisfaction with any Site-related change or elimination is to cease use of the Site.
14. Additional Terms
No Waiver. Failure by Intellidemia to enforce any provision(s) of these Terms will not be construed as a waiver of any provision or right.
Severability. If any provision of these Terms is found to be unenforceable or invalid, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
Governing Law. These Terms are governed by and will be construed in accordance with the laws of the State of New York.
Dispute Resolution. Should any dispute arise with regard to these Terms, the parties agree to first work in good faith to resolve such dispute, and neither party may commence any action with regard to such dispute until thirty (30) days have passed from the time such party has provided written notice to the other party of the nature of such dispute.
Assignment. You may not assign or otherwise transfer your rights, obligations, or duties under these Terms,, in whole or in part, without our prior written consent, in our sole discretion.
Feedback. From time to time, Intellidemia may request your feedback, suggestions, comments, ideas, concepts, or techniques (collectively "Feedback"). You are not required to provide us with any Feedback. However you agree that Intellidemia may use all Feedback you provide for any purpose without obligation of any kind to confidentiality, attribution, compensation, or the like..
Entire Agreement. These Terms, together with our Privacy Policy, constitute the sole and entire agreement between you and Intellidemia with respect to the Site and supersede and replace all prior understandings or agreements with respect to the Site.
15. Contact Us
Questions or comments regarding the Terms should be submitted to Intellidemia by email at [email protected].