Terms of Use

1. Terms

IntelliChoice, Inc., a 501(c)(3) organization, (“IntelliChoice”) operates a website located at the http://www.IntelliChoice.org/ and related application programming interfaces, mobile applications and online services (the “Website”).  By accessing this Website, you are agreeing to be bound by the following terms and conditions, including the privacy policy and any additional guidelines (collectively, the “Terms”). 

The terms “you,” “your” or “User(s)” refers to any individual accessing the Website for his/her own personal purposes, or on behalf of an entity or other person. In the event that you purport to be the agent of, represent, or otherwise act on behalf of an entity or any other person, references to “you,” “your” or “User(s)” shall include you individually and any such entity or person that you purport to represent, and you further represent and warrant that you are in fact an authorized representative of such entity or other person, that you have the authority to bind such entity or other person to these Terms, and that your acceptance of these Terms shall constitute acceptance on behalf of such entity or person.

You also agree to comply with all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. Your sole remedy for dissatisfaction with the Website or any content within the Website is to stop using the Website.

IntelliChoice may choose to change, modify, add, or remove portions of the Terms from time to time in its discretion. Please check the Terms periodically for such changes. Your continued use of the website after the posting of changes constitutes your binding acceptance of such changes. 

The Terms may be supplemented by additional policies, procedures, disclaimers, guidelines, rules, terms or conditions of specific application disclosed by IntelliChoice, including on any particular page of the Website or through a registration process or other means.  In the event of a conflict between the Terms and any additional policies, procedures, disclaimers, guidelines, rules, terms or conditions of specific application, the additional policies, procedures, disclaimers, guidelines, rules, terms or conditions of specific application shall control.

The materials contained in this web site are protected by applicable copyright and trade mark law.

2. Use License

a. IntelliChoice hereby grants you a limited, nonexclusive, nonassignable, nontransferable license to access and use the Website solely for your own personal, non-commercial purposes, subject to your agreement to, compliance with and satisfaction of these Terms.  All rights not expressly granted by these Terms are reserved by IntelliChoice.  You may only view or download material from this Website for your own use or as otherwise expressly authorized by IntelliChoice.

b. The reproduction, duplication, distribution (including by way of email, facsimile or other electronic means), publication, modification, copying or transmission of material available on or through this Website is STRICTLY PROHIBITED without the prior written consent of IntelliChoice or unless expressly permitted by this Website. This includes, without limitation, any application, text, graphics, logos, photographs, audio or video material or stills from audiovisual material available on this Website by IntelliChoice (“Content”). The copying, posting, linking or other use of Content from this Website on any other web site or networked computer environment is similarly prohibited. Requests for permission to reproduce or distribute materials found on this Website can be made by contacting IntelliChoice in writing.

c. You are also strictly prohibited from creating works or materials that derive from or are based on the Content or other materials contained in this Website. You shall not copy, reverse engineer, disassemble, decompile, translate, modify, reproduce, republish, transmit, sell, offer for sale, disseminate or redistribute the Content, trademarks, service marks, logos or icons displayed on the Website, which are the property of IntelliChoice, or its affiliates or licensors, if any, unless otherwise specifically noted in these Terms of Use. Except as specified in Terms, nothing contained in the Website shall be construed as conferring any license or right under any patent, trademark or copyright of IntelliChoice or any third party.  No permission is granted to use trademarks, service marks, logos or icons by IntelliChoice for any reason.  Trademarks, service marks, logos and icons owned by third parties are the property of those respective third parties. IntelliChoice and affiliates do not warrant or represent that your use of the Content will not infringe the rights of third parties.

3. Disclaimer

The materials on IntelliChoice.org’s web site are provided “as is”. IntelliChoice.org makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, IntelliChoice.org does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

4. Limitations

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL INTELLICHOICE OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR PROFITS, LOSS OF DATA, OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THE TERMS OR YOUR USE OF (OR INABILITY TO USE) THE WEBSITE OR ANY REFERENCE SITES, OR ANY OTHER INTERACTIONS WITH INTELLICHOICE, EVEN IF INTELLICHOICE OR AN INTELLICHOICE AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, INTELLICHOICE’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

5. Revisions and Errata

The materials appearing on IntelliChoice’s Website could include technical, typographical, or photographic errors. IntelliChoice does not warrant that any of the materials on its Website are accurate, complete, or current. IntelliChoice may make changes to the materials contained on its Website at any time without notice. IntelliChoice does not, however, make any commitment to update the materials.

6. Links

IntelliChoice has not reviewed all of the sites linked to its Website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by IntelliChoice of the site. Use of any such linked web site is at the user’s own risk.

7. Indemnification

You agree to indemnify, defend and hold harmless IntelliChoice, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors and partners from any claims, losses, damages, liabilities and expenses (including legal fees and expenses), arising out of any use or misuse of the Website, any violation of the Terms, or any breach of the representations, warranties, and convenants made herein.  IntelliChoice reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify IntelliChoice, and you agree to cooperate with IntelliChoice’s defense of these claims. 

8. Governing Law

Any claim relating to IntelliChoice.org’s web site shall be governed by the laws of the State of Texas without regard to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to the Terms or IntelliChoice will be filed only in the state or federal courts in and for Dallas County, Texas, and each of You and IntelliChoice hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action. Notwithstanding this, IntelliChoice shall still be allowed to apply for injunctive or other equitable relief to protect or enforce its intellectual property rights in any court of competent jurisdiction.

9. Miscellaneous

If any provision of the Terms is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from the Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.  The Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you without IntelliChoice’s prior written consent, but may be assigned by IntelliChoice without consent or any restriction.  Any assignment attempted to be made in violation of the Terms shall be null and void.  IntelliChoice’s failure to enforce any provision of these Terms shall not be deemed as either a waiver of such provision or as a waiver of the right to enforce such provision.  The Terms constitute the entire agreement between you and IntelliChoice relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to the Terms made by IntelliChoice as set forth in Section 5 above.