TERMS OF USE
The terms and conditions set forth below ("Terms") govern your use of the website located at www.ingeniumcredentials.com and other subdomains and sites operated by Ingenium Technology, LLC (the "Site"). These terms are a legal contract between you and Ingenium Technology, LLC ("INGENIUM TECHNOLOGY" or "we"). Ingenium Technology provides online information. By accessing and using this Site, you agree to be legally bound by and to comply with the Terms. We reserve the right to change or discontinue, at any time, any aspect or feature of this Site or the Terms, and we will post notice of changes to these Terms and the updated Terms on the Site. Your continued use of this Site after such changes have been posted means that you agree to the new Terms, even if you have not reviewed the changes.
Copyright, Trademarks and Content
The contents of this Site, including, but not limited to, information, text, graphics and images, trademarks, brands and logos (excluding Submissions (defined below)) (the "Content") are protected by intellectual property laws. The title to the Content shall not pass to you or to any other user of this Site and shall remain with Ingenium Technology. Ingenium Technology owns the names, trademarks and logos on the Site that are used for the company's business and those of the company's products and services mentioned in this site, and these names are protected by intellectual property rights laws. All other trademarks, names and logos on the Site are the property of their respective owners. You agree not to display or use any Ingenium Technology names, logos or trademarks in any manner without Ingenium Technology’s prior written consent.
INGENIUM TECHNOLOGY, LLC. hereby grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Content and use the services offered on the Site solely for your personal, non-commercial use if you are an individual and solely for business use if you are an organization or agent of your organization. You are authorized to view, e-mail, download, or print copies of the Content solely for your personal, non-commercial use. Whenever you e-mail, download, or print copies of the Content, you must include all copyright and other notices that are included in the Content, including, without limitation, any copyright notices at the bottom of the page. The Content may not be reproduced, transcribed, stored in a retrieval system, translated into any natural or computer language, re-transmitted in any form or by any means (electronic, mechanical, photographic, recorded, or otherwise), resold, or redistributed without the prior written consent of Ingenium Technology.
Except as expressly permitted in these Terms, you may not sell or modify the Content or reproduce, display, publicly perform, distribute or otherwise use the Content in any way for any public or commercial purpose. You may not "frame" this Site or any of the content therein, and you agree not to copy any portion of this Site to a server.
The use of the Content on any other website or in any other networked computer environment for any purpose is expressly prohibited without prior written approval from Ingenium Technology. Additionally, You agree not to present any links to this Site in such a way that they are associated with advertising or appear to be an endorsement of any organization, product, or service; and you agree not to place links to this Site on any websites that are obscene, defamatory, harassing, grossly offensive, or malicious, as determined by Ingenium Technology in its sole discretion.
INGENIUM TECHNOLOGY, LLC reserves the right to revoke these limited licenses generally at any time, and, the foregoing limited licenses will terminate automatically, without notice to you, if you breach any of these Terms. Upon termination or revocation of a license, you agree to remove and disable any and all of your links to this Site immediately and/or immediately destroy any downloaded or printed Content, as applicable. Except as stated herein, you acknowledge that you have no right, title or interest in or to the Site or Content on any legal basis. All rights not expressly granted by these terms and conditions are reserved. If you use the Content in a way that is not expressly allowed by these Terms, you will be violating copyright, trademark and/or other intellectual property rights laws.
Links to other sites; Advertisements
Links to other sites; Advertisements
This Site may contain links to third-party websites. These links are provided solely as a convenience to you and not as an endorsement by Ingenium Technology of any content contained in or services provided on or through such third-party websites. This Site is not responsible for the content or services of linked to third-party websites. Ingenium Technology does not review, control, or monitor the content, materials or services on any third-party websites; and we do not make any representations, warranties or guarantees regarding the accuracy or legitimacy of the foregoing. If you decide to access linked third-party websites from this Site, you do so at your own risk. Your use of third-party websites is subject to the respective terms and conditions of use and privacy policies for those third-party websites.
Submissions
In certain areas of the Site, INGENIUM TECHNOLOGY, LLC provides you with the ability to submit information, materials and/or content, including without limitation, profiles, profile snapshots or photos, customizations, comments, chats, message board or other forum communications (each a "Submission") through posting areas, blogs, emails or other services available in connection with this Site. You acknowledge that you are fully responsible for each Submission, including its legality, reliability, appropriateness, originality and copyright, provided by you in connection with the Site. You agree that any Submission provided by you in connection with this Site is provided on a non-proprietary and non-confidential basis. You agree that Ingenium Technology shall be free to use or disseminate a Submission on an unrestricted basis for any purpose. If you submit information to the Site, you grant Ingenium Technology a nonexclusive, worldwide, royalty-free license to (in any media now known or not currently known or invented) link to, utilize, use, copy, exploit, and prepare derivative works of the Submission. No information you submit shall be deemed confidential. However, Ingenium Technology agrees to use your information in accordance with Ingenium Technology’s Privacy Policy applicable to personally identifiable information. YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS APPLICABLE TO ANY INFORMATION YOU SUBMIT TO INGENIUM TECHNOLOGY, LLC, SUCH AS YOUR SUBMISSIONS. You further agree that you will not upload, post or otherwise make available on the Site any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right, and the burden of determining that any material is not protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from any Submission. You represent and warrant that: (i) you own the Submissions posted by you on or through the Site or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Submissions on or through the Site does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Submissions posted by you to or through the Site.
Posting Etiquette
Posting Etiquette
When posting Submissions to or otherwise using the Site and/or the services offered on the Site, you agree not to, without limitation:
- Post off-topic messages.
- Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Impersonate or represent Ingenium Technology, our staff or other industry professionals.
- Use racially, ethnically, or otherwise offensive language.
- Discuss or incite illegal activity.
- Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).
- Disrupt the flow of chat in any manner, including without limitation vulgar language or abusiveness.
- Post anything that exploits children or minors or that depicts cruelty to animals.
- Post any copyrighted or trademarked materials without the express permission from the owner.
- Disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation.
This list of prohibitions is an example and is not complete or exclusive. These prohibitions do not require Ingenium Technology to monitor, police or remove any Submissions or other information submitted by you or any other user. Ingenium Technology reserves the right to (a) terminate ability to post to the Site and (b) refuse, delete or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that Ingenium Technology determines is inappropriate or disruptive to the Site, services offered on the Site or to any other user of the Site and/or services offered on the Site. Ingenium Technology may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Ingenium Technology’s discretion, Ingenium Technology will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Internet.
Copyright and Trademark Infringements
Copyright and Trademark Infringements
Notification:
Notification:
INGENIUM TECHNOLOGY, LLC respects the intellectual property of others, and we ask you to do the same. Ingenium Technology may, in appropriate circumstances and at our discretion, terminate access to the Site to users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or a trademark infringement and appears on the Site, please provide Ingenium Technology’s copyright agent the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit INGENIUM TECHNOLOGY, LLC to locate the material.
- Information reasonably sufficient to permit INGENIUM TECHNOLOGY, LLC to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
INGENIUM TECHNOLOGY's agent for notice of claims of copyright or trademark infringement on this Site can be reached as follows:
By mail:Legal AffairsIngenium Technology, LLC345 Bobwhite CtSuite 110Boise, Idaho 83706By phone:(208) 515-0005By e-mail:
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Counter-Notification:
If you elect to send us a counter notice, to be effective it must be a written communication provided to our designated agent that includes substantially the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements):
- A physical or electronic signature of the user.
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
- A statement under penalty of perjury that the user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- The user's name, address, and telephone number, and a statement that the user consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the user's address is outside of the United States, for any judicial district in which the service provider may be found, and that the user will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
Such written notice should be sent to our designated agent as follows:
By mail:Legal AffairsIngenium Technology, LLC345 Bobwhite CtSuite 110Boise, Idaho 83706By phone:(208) 515-0005By e-mail:
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
Only the intellectual property rights owner may report potentially infringing items through INGENIUM TECHNOLOGY's reporting system set forth above. If you are not the intellectual property rights owner, you should contact the intellectual property rights owner and they can choose whether to use the procedures set forth in these Terms.
Disclaimer of Warranties
Disclaimer of Warranties
INGENIUM TECHNOLOGY, LLC MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES IN CONNECTION WITH THE SITE, CONTENT, SUBMISSIONS OR SERVICES PROVIDED ON THIS SITE, OR THE USE OF OR RELIANCE ON ANY OF THE FOREGOING. THEREFORE, YOUR USE OF THIS SITE IS AT YOUR OWN RISK. INGENIUM TECHNOLOGY, LLC PROVIDES THE SITE, CONTENT, SUBMISSIONS AND SERVICES OFFERED ON THE SITE ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. INGENIUM TECHNOLOGY, LLC, TO THE FULLEST EXTENT PERMITTED BY LAW, HEREBY EXPRESSLY AND SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. INGENIUM TECHNOLOGY, LLC MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE QUALITY, SUITABILITY, TRUTH, ACCURACY, RELIABILITY, COMPLETENESS, CONTINUITY, OR TIMELINESS OF ANY INFORMATION, MATERIAL, SOFTWARE, TEXT, GRAPHICS, LINKS, VIEWS, OPINIONS, STATEMENTS OR COMMUNICATIONS, INCLUDING, WITHOUT LIMITATION, THE SUBMISSIONS, PRESENTED AND/OR PROVIDED ON OR THROUGH THE SITE, AND INGENIUM TECHNOLOGY, LLC HAS NO LIABILITY FOR ANY ERRORS OR OMISSIONS IN ANY OF THE FOREGOING. INGENIUM TECHNOLOGY, LLC DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE, MALWARE OR ANY OTHER POTENTIALLY DESTRUCTIVE COMPUTER CODE THAT MAY BE INSTALLED ON YOUR COMPUTER, AND YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THIS SITE IS FREE OF COMPUTER VIRUSES, SPYWARE OR MALWARE OR ANY OTHER POTENTIALLY DESTRUCTIVE COMPUTER CODE.
Limitation of Liability
Neither INGENIUM TECHNOLOGY, LLC nor any person or company associated with Ingenium Technology shall be liable for any damages whatsoever resulting from your use or inability to use this site, content OR ANY SERVICES, INFORMATION, MATERIAL, SOFTWARE, TEXT, GRAPHICS, LINKS, VIEWS, OPINIONS, STATEMENTS OR COMMUNICATIONS, INCLUDING, WITHOUT LIMITATION, THE SUBMISSIONS, PRESENTED AND/OR PROVIDED ON OR THROUGH THE SITE ("this protection"). This protection includes all claims, whether based on warranty, contract, tort (INCLUDING NEGLIGENCE), strict liability, or any other legal theory, and whether or not Ingenium Technology is advised of the possibility of such damages. This protection covers all losses, including, without limitation, direct, indirect, special, incidental, consequential, exemplary, and punitive damages; lost profits; and damages resulting from lost data or business interruption.
Local Laws; Export Control
Local Laws; Export Control
INGENIUM TECHNOLOGY, LLC controls and operates this Site from its headquarters in the United States of America and the Materials may not be appropriate or available for use in other locations. If you use this Site outside the United States of America, you are responsible for following applicable local laws.
General
If you violate these Terms, INGENIUM TECHNOLOGY, LLC may terminate your access to the Site without notice. Texas law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Any disputes relating to these Terms or the Site will be heard in the courts located in Texas. If any of these Terms is found to be inconsistent with applicable to law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. Ingenium Technology’s failure to enforce any of these Terms is not a waiver of such term. The Terms are the entire agreement between you and Ingenium Technology and supersede any prior or contemporaneous negotiations, discussions or agreements between you and Ingenium Technology related to the subject matter of these Terms. The proprietary rights, disclaimer of warranties, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.
