Intratek Computer Inc. Terms of Use

Last Modified: August19, 2019

The following are the terms of an agreement between you and Intratek Computer Inc. (“Intratek”or “our” or “us” or “we” as applicable).The following terms and conditions, together with any documents they expressly incorporate by reference (collectively , the “Terms of Use”), govern your access to and use of intrapc.com (together with all subdomains and related websites, the “Site”). By accessing, using, browsing, or visiting this Site, sending or receiving email or other electronic communications to or from us, and other similar content, functionality, events, or services offered in connection with the use or access of the intrapc.com domain, you acknowledge that you have read, understand, and agree to be bound by these terms and to comply with all applicable laws and regulations, including export and re-export control laws and regulations. If you do not agree to these terms, please do not use this Site.

This Site is offered and available to users who are 18 years of age or older, and reside in the United States or any of its territories or possessions. By using this Site, you represent and warrant that you are of legal age to form a binding contract with Intratek and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.

1. Amendment to Terms of Use

Intratek may, without notice to you, at any time, revise these Terms of Use and any other information contained in this Site. Intratek will post and maintain the most recent version of these Terms of Use on its Site and all changes are effective immediately when we post them. You are responsible for reviewing these Terms of Use upon each visit to the Site. Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes. Intratek may also make improvements or changes in the services, programs or products described in this site at any time without notice.

2. User Representations; Prohibited Uses

You represent and warrant that:

  • your use of the Site is legal in, and does not violate any laws, rules, or regulations of the jurisdiction(s) in which you reside or from which you use or otherwise access the Site;
  • the information you provide to us is correct;
  • you have the legal right and ability to enter into these Terms of Use and to use the Site in accordance with these Terms of Use; and
  • your use of the Site shall be in accordance with these Terms of Use and all applicable laws, rules or regulations.

You agree not to use the Site:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
  • To send, knowingly receive, upload, download, use or re-use any information or material which violates these Terms of Use;
  • To impersonate or attempt to impersonate Intratek, an Intratek employee, another user, or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing); or
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm Intratek or users of the Site or expose them to liability.

Additionally, you agree not to:

  • Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site;
  • Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site;
  • Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent;
  • Use any device, software, or routine that interferes with the proper working of the Site;
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site;
  • Attack the Site via a denial-of-service attack or a distributed denial-of-service attack; or
  • Otherwise attempt to interfere with the proper working of the Site.

Intratek reserves the right, at its sole discretion, to change, suspend, or discontinue any or all aspects of the Site, including but not limited to features and functionality, or any related services for any reason, at any time without notice. Intratek may impose limits or restrict the volume of usage of the Sitewithout notice or liability.

3. Limited Right to Use the Site

Intratek grants you a non-exclusive, non-transferable, limited permission to access and display the Site pages within this site as a customer or potential customer of Intratek provided you comply with these Terms of Use, and all copyright, trademark, and other proprietary notices remain intact. You may only use a crawler to crawl this Site as permitted by this Site’s robots.txt protocol, and Intratek may block any crawlers in its sole discretion. The use authorized under this agreement is non-commercial in nature (i.e., you may not sell the content you access on or through this Site.) All other use of this Site is prohibited.

Linking to this site

Intratek consents only to links to this Site in which the link and the pages that are activated by the link do not:

  • create frames around any page on this Site or use other techniques that alter in any way the visual presentation or appearance of any content within this site;
  • misrepresent your relationship with Intratek;
  • imply that Intratek approves or endorses you, your Site, or your service or product offerings; and
  • present false or misleading impressions about Intratek or otherwise damage the goodwill associated with the Intratek name or trademarks.

As a further condition to being permitted to link to this site, you agree that Intratek may at any time, in its sole discretion, terminate permission to link to this Site. In such event, you agree to immediately remove all links to this Site and to cease any related use of Intratek trademarks.

4.Copyrights, Trademarks, and Service Marks

Except for the limited permission in the preceding section, Intratek does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights. You may not mirror any of the content from this site on another Site or in any other media. Any software and other materials that are made available for downloading, access, or other use from this site with their own license terms will be governed by such terms, conditions, and notices. Your failure to comply with such terms or any of the terms on this site will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession, custody or control.

The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by us, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, and/or other intellectual property or proprietary rights laws. The content of the Site is copyrighted and any unauthorized use of the Site may violate copyright, trademark, and other laws, in addition to being a material breach of these Terms of Use.

There are a number of proprietary logos, service marks, trademarks, slogans, and product designations (“Marks”) found on the Site. By making these Marks available on the Site, Intratek is not granting you a license to use them in any fashion. Access to the Site does not confer upon you any license under any of Intratek’s or any third party’s intellectual property rights. Use of Intratek’s Marks found on the Site by users is restricted as set forth in the Terms of Use.

INTRATEK COMPUTER, INC.TM

Other than nominative uses, Intratek’s trademarks may be used publicly only with prior written permission from Intratek. Fair use of Intratek’s trademarks in advertising and promotion of Intratek’s products requires proper acknowledgment. No Intratek trademark or service mark may be used as a hyperlink without Intratek’s prior written permission. Other trademarks that may appear in connection

with the products and services on the Site may be owned by third-parties, and should only be used with the permission of the third-parties, unless such use qualifies as fair use or is otherwise permitted under applicable laws.

The various marks used in connection with the Site represent some of the marks currently owned or controlled by Intratek or under license to Intratek. The display of these marks and of notices associated with these marks is not intended to be a comprehensive compilation of all Intratek worldwide proprietary ownership rights, and Intratek may own or control other proprietary rights in one or more countries outside of the United States.

Digital Millennium Copyright Act

Intratek respects the intellectual property rights of others, and expects its users to do the same. We will, upon receiving proper notice, act to remove or disable access to any such material as set forth in the Digital Millennium Copyright Act (17 U.S.C. § 512) (www.copyright.gov/legislation/dmca.pdf). If you believe that content hosted on the Site infringes your copyright, you should send written notification thereof, in accordance with the provisions of the Digital Millennium Copyright Act, to our Designated Agent, who can be reached at contact@intrapc.com.

If you are notifying Intratek of alleged copyright infringement, please be sure to provide the following information in the form required by 17 U.S.C. § 512:

  • A description of the copyrighted work that you allege is being infringed, or, if multiple copyrighted covered by a single notification, a representative list of such works;
  • A description of the allegedly infringing material and information sufficient to permit us to locate the material;
  • Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and/or an electronic mail address;
  • A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, or its agent, or the law; and
  • A statement by you that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed.
5. Confidential Information

Intratek does not want to receive confidential or proprietary information from you through our Site. Aside from Personal Data submitted for the purpose of receiving products or services governed by our Privacy Policy, please note that any information or material sent to Intratek will be deemed NOT to be confidential. By sending Intratek any information or material, you grant Intratek an unrestricted, irrevocable license to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use, those materials or information. You also agree that Intratek is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless:

  • we obtain your permission to use your name;
  • we first notify you that the materials or other information you submit to a particular part of this site will be published or otherwise used with your name on it; or
  • we are required to do so by law.

6. Accessing the Site

We reserve the right to withdraw or amend the Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to the Site, and ensuring that all persons who access the Site through your network, internet connection, or cellular service provider are aware of these Terms of Use and comply with them. You agree that all information you provide to this Site or otherwise, including but not limited to through the use of any interactive features on the Site, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

7. No Representations or Warranties

We make no representation or warranty of any kind with respect to the Site or the content contained on or accessible through the Site. Your use of the Site is at your own and sole risk. We attempt to provide accurate information, but the Site is for general reference and informational purposes only.

From time to time, this Site may contain technical inaccuracies or typographical errors, and we do not warrant the accuracy of any posted information. Please confirm you are using the most up-to-date pages on this Site and confirm the accuracy and completeness of information before using it to make decisions relating to services, products, or other matters described in this Site. We assume no responsibility for errors or omissions in the content of the Site, and make no commitment to update such content. Your sole and exclusive remedy for issues relating to the use of, or the content on or accessible through, the Site shall be to discontinue accessing the Site, and using the content so obtained.

Business Relationships

This Site may provide links or references to non-Intratek websites and resources. Intratek makes no representations, warranties, or other commitments or endorsements whatsoever about any non-Intratekwebsites or third-party resources that may be referenced, accessible from, or linked to any Intratek site. In addition, Intratek is not a party to or responsible for any transactions you may enter into with third parties, even if you learn of such parties (or use a link to such parties) from an Intratek site. When you access a non-Intratek website, even one that may contain the Intratek logo, please understand that it is independent from Intratek, and that Intratek does not control the content on that website. It is up to you to take precautions to protect yourself from viruses, worms, Trojan horses, and other potentially destructive programs, and to protect your information.

8. Disclaimer of Warranty

USE OF THIS SITE IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. INTRATEK EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, INTRATEK MAKES NO WARRANTY OR GUARANTEE THAT THISSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, OR SERVICES FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY WAIVE, DISCLAIM, AND RELEASE US, OUR SUBSIDIARIES AND AFFILIATES, AND THE RESPECTIVE SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, COUNSEL, INSURERS, REPRESENTATIVES, AGENTS, SUCCESSORS, AND ASSIGNS OF EACH OF THE FOREGOING FROM ALL CLAIMS OF ANY KIND (SPECIFICALLY INCLUDING, WITHOUT LIMITATION, ANY AND ALL CLAIMS FOR ACTUAL, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNATIVE, MULTIPLE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, ATTORNEYS’ FEES AND COSTS, OR CLAIMS FOR INTEREST, EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF ANY REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE) OF ANY TYPE WHATSOEVER RELATED TO OR ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THIS SITE OR ANY USE OF THIS SITE, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THIS SITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS OF USE, OUR CUMULATIVE LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $100.00 (ONE HUNDRED DOLLARS).

10. Indemnification

You will indemnify, defend, and hold us, our affiliates, officers, directors, employees, consultants, agents, representatives, successors, and assigns harmless from and against any and all claims, damages, losses, liabilities, costs, and expenses (including without limitation reasonable attorneys’ fees and court costs) (collectively, “Losses”) that constitute, or arise out of or in connection with your (a) failure to comply with any of these Terms of Use or (b) use of the Site. These defense and indemnification obligations will survive these Terms of Use and your use of the Site. We have no obligation whatsoever to indemnify, defend, or hold you harmless from any Losses resulting from, relating to, or arising out of, these Terms of Use or your use of the Site

11. Governing Law; Dispute Resolution

These Terms of Use shall be governed by, and construed and enforced in accordance with, the laws of the state of California, without regard to conflicts of law principles. The United Nations Convention on Contracts for the International Sale of Goods is expressly disclaimed. Any cause of action by you with respect to the Site (including, but not limited to, these Terms of Use) must be instituted within one year after the cause of action arose or be forever waived and barred. You agree that any claim or dispute you may have against Intratek arising out of or related to use of this Site must be resolved exclusively by a state or federal court located in Orange County, California. You agree to submit to the personal jurisdiction of the courts located within Orange County, California for the purpose of litigating all such claims or disputes.

12. Severability

If any term in this Terms of Use is found by competent judicial authority to be unenforceable in any respect, the validity of the remainder of this Terms of Use will be unaffected, provided that such unenforceability does not materially affect the parties’ rights under this Terms of Use.Headings are for reference purposes only and do not limit the scope or extent of such section.

13. General Provisions

The failure by either party to exercise or enforce any rights or provisions of these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use, including any other applicable terms and conditions or rules that govern your use of individual services, which are either incorporated herein by specific reference or posted on the Site from time to time, comprise the entire agreement between you and Intratek and supersedes all prior agreements regarding the subject hereof. These Terms of Use are binding upon and inures to the benefit of the respective successors and assigns of the parties. These Terms of Use are solely for the benefit of Intratek and you and shall not be construed for the benefit of any third party.