The Terms of Service was last revised and made effective on September 2, 2016.
Thank you for visiting http://invisy.com/ (the “Site”). By visiting the Site and using any of the products and services made available to you, you agree to the following terms and conditions (“Terms of Service”).
Invisy is providing you with certain products and services (collectively, the “Services”) through the Site provided that you are of legal age to form a binding contract in your applicable jurisdiction. When using the Services available through the Site, you agree to comply with your own local laws and regulations regarding online conduct and acceptable content, including laws regulating the export of data to and from your country of residence.
The Invisy Browser Extension (the “Extension”) is a proprietary application available for download and installation from the Site. The downloading, installation, and use of the Extension will be governed by these Terms of Service, and your use of the Extension constitutes your acceptance these terms and conditions.
Invisy uses reasonable endeavours to ensure that the Services available through the Site are available 24 hours a day 7 days a week. However, there will be occasions when the Services will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment that are beyond the control of Invisy. Every reasonable step will be taken by us to minimize such disruption where it is within the reasonable control of Invisy. You agree that Invisy shall not be responsible or liable to you for the deletion or failure to store or make available any content and other communications maintained or transmitted through the Site, or any modification, suspension or discontinuance of the Services. You acknowledge that Invisy reserves the right, in its sole discretion, to limit your activity and restrict your use of the Services available through the Site or any other resources you may use. Invisy also reserves the right to terminate, suspend, or limit certain features or functionality of the Services based on usage that exceeds any limits established by us.
You agree that you are responsible for your own conduct when using any of the Services available through the Site, and for any consequences thereof. You agree that visiting the Site and your use of any of the Services is at your own risk. You agree NOT to use the Site and Services: (a) for any unlawful purposes or the promotion of any illegal activities, including without limitation, that may be threatening, obscene, libellous or defamatory, harmful to any person or entity, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age; (b) to upload, post, or otherwise transmit or communicate any files or content that you do not have the right to transmit or communicate under any contractual or fiduciary relationship or which infringes any copyright, trade mark, patent or other intellectual property right; (c) to upload any material that could give rise to any civil or criminal liability under applicable law; (d) to forge headers or otherwise manipulate identifiers in order to disguise the origin of any files or content transmitted through the Services; (e) to attempt to upload any files or content by any method to another user’s account without permission; (f) to upload, post, or otherwise transmit any files or content which is likely to cause harm to Invisy or anyone else’s computer systems, including without limitation any virus, code, worm, Trojans, data or other files or programs designed to damage or allow unauthorized access to the Services which may cause any defect, error, malfunction or corruption to the Services, or any network(s) connected to the Services, provided through the Site; (g) to impersonate any person or entity, or otherwise to misrepresent your affiliation with a person or entity while using the Services; (h) to collect, intercept or harvest user names, to collect, intercept or store personal data about other visitors of the Site or users of the Services, or to solicit or attempt to discover a user’s password, user name or other registration information without the user’s express knowledge and consent; and (i) to reproduce, duplicate, copy, or resell the Services available through the Site or any portion of thereof. Invisy reserves the right to suspend and or terminate your access, without prior notice to you, if the Extension or any of Services are not being used as intended, is being abused or used in a way beyond what Invisy deems to be ‘normal usage’, or if any act or omission by you is likely to negatively affect our systems or Services.
The Services, the Extension, and any software created by Invisy (collectively, the “Software”) used in connection with the Services are provided by Invisy and contains copyrighted material, trade secrets and other proprietary and confidential material that is protected by applicable intellectual property and other laws and treaties. Subject to the terms and conditions of this Agreement, Invisy grants to you a limited, non-transferable and non-exclusive right and license to use the Software and the Services made available to you through the Site. You shall not directly, and shall not attempt to allow or assist any third party to, modify, reverse engineer, disassemble or decompile the Service or the Software, nor shall you create any derivative works or other works that are based upon or derived from the Software or any of the Services in whole or in part. Invisy retains sole and exclusive ownership of all right, title and interest in and to the Software and the Services provided through the Site and all Intellectual Property rights relating thereto including without limitation Invisy’ name, any Invisy logos and graphic files that represents the Software and/or the Services provided through the Site. You further agree not to remove, obscure, or alter any Invisy or any third party copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Software, the Services or the Site. You acknowledge and agree that third parties, including other users of the Service, may own right, title and interest in and to the files and any content hosted on the Site or otherwise presented to you through the Services available through the Site, and that the files and content may be protected by applicable intellectual property and other laws and treaties. Copyright law and international copyright treaty provisions protect all parts of the Software and the Services available through the Site. No program, code, part, image, or text may be copied or used in any way by you except as intended within the bounds of this Agreement. All rights not expressly granted hereunder are reserved for Invisy.
Information on this Site may contain technical inaccuracies or typographical errors although Invisy will make commercially reasonable efforts to maintain and review all its content. Information and/or the Services available on this Site may be changed or updated at any time without notice to you. You agree to indemnify, hold harmless, and defend Invisy, its employees, directors, officers, and authorized agents against any and all claims, proceedings, demand and costs (including litigation costs and attorneys’ fees) resulting from or in any way connected with (i) your use of the Site, the Software and/or the Services; (ii) any files and content that you upload through to the Site through the Services that breaches any third party intellectual property rights; or (iii) your breach of any of the terms and conditions of this Agreement. IN NO EVENT (INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF NEGLIGENCE) WILL Invisy, ITS EMPLOYEES, DIRECTORS, OFFICERS, OR AUTHORIZED AGENTS BE LIABLE FOR ANY ACTUAL, CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR DATA, OR PECUNIARY LOSS), IN CONNECTION WITH OR ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE SOFTWARE, THE SERVICES, OR THE USE OR INABILITY TO USE THIS SITE, THE SOFTWARE OR THE SERVICES, OR THE FURNISHING, PERFORMANCE OR USE OF ANY OTHER MATTERS HEREUNDER WHETHER BASED UPON CONTRACT, TORT OR ANY OTHER THEORY INCLUDING NEGLIGENCE, EVEN IF EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE SITE, THE SOFTWARE AND THE SERVICES ARE BEING PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO WARRANTIES EXCEPT AS OTHERWISE SPECIFIED HEREIN. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Invisy MAKES NO WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Invisy DOES NOT WARRANT THAT (I) THE SITE, THE SOFTWARE OR THE SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE SITE, THE SOFTWARE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, THE SOFTWARE OR THE SERVICES WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER RELATERD MATERIALS PROVIDED OR OFFERED THROUGH THE SITE OR SERVICES WILL MEET YOUR EXPECTATIONS; AND (V) ANY ERRORS IN THE SITE, THE SOFTWARE OR THE SERVICES WILL BE CORRECTED. ANY FILES AND CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH YOUR USE OF THE SITE AND THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD AND USE OF ANY SUCH FILES AND CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Invisy, THROUGH THE SITE, OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
Invisy reserves the right to update and change the Terms of Service from time to time without prior notice to you. If you have registered as a user to access the Services available through the Site, we shall notify you of any material changes to the Agreement by email sent to the address that you have provided during your account registration process. It is important for you to ensure that your contact information is updated on a regular basis. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to these Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at http://invisy.com/terms-of-service.
This Agreement, and all claims related to it or the performance by both parties under it, shall be interpreted and governed exclusively by the laws of the Province of British Columbia and the laws of Canada applicable therein except any principles regarding conflicts of law rules and the United Nations Convention on Contracts for the International Sale of Goods. You hereby irrevocably attorn and submit to the exclusive jurisdiction of the courts of Victoria, British Columbia, and any competent Courts of Appeal therefrom. The failure of Invisy to exercise or enforce at any time any of the provisions of this Agreement, or the failure to require at any time performance by you of any of the provisions of this Agreement, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect Invisy’ ability to enforce each and every such provision thereafter. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this Agreement and not affect the validity and enforceability of any other provisions.
These Terms of Service (including any policies, guidelines or amendments that may be presented to you from time to time) constitute the entire agreement between you and Invisy and govern your use of the Site, the Software, the Extension, and Services, superseding any prior agreements, oral or written, between you and Invisy with respect to the subject matter hereof. You also may be subject to additional terms and conditions that may apply when you use any other current or future Services made available through the Site.