Terms of Service

Effective: August 3rd, 2011

The following terms and conditions must be consented to by you (“You”) before and during useage of introduction.io (the “Service”), as provided by Design Guru (“Us”, “We” or “Our”).

 

1. Acceptance of Terms

We provide the Service to You subject to the following terms and conditions (“Terms”), which may be modified by Us at any point without notice to You. The most current version of these Terms can be found on our website (“Site”) at http://www.introduction.io/terms-service. In addition to these Terms, additional terms and conditions may apply to other services We offer You (“Other Policies”).

 

2. The Service and Content

  1. We may, from time to time, modify, suspend or discontinue any part or all of the Service without any notice to You. Unless explicitly stated otherwise, any changes which alter or enhance the Service will be subject to these Terms and any Other Policies.

  2. We will not be liable to You or any third party for loss or inconvenience caused by modifications, suspensions or discontinuation of the Service.

  3. You understand that we grant to You a non-exclusive, non-transferrable and terminable license to use the Service.

  4. You acknowledge that a single login to the Service must only be used by one person.

  5. You understand that all information – including, but not limited to, text, graphics, pictures, video, links, addresses and other materials (“Content”) that You or a third party allow, submit, post, transmit (or the like) to the Service (“Your Content”) through a membership account (“Account”) is entirely Your responsibility.

  6. We reserve the right to remove any Content available via the Service, and any Account at the Service, without notice at any time.

  7. We do not guarantee the accuracy, integrity or usefulness of Your Content.

  8. Upgrading or Downgrading Your Account may result in the loss of Your Content. We assume no responsibility for any such loss.

  9. You understand that We may, without notice to You, access, preserve and disclose Your Content if required to do so by law, or if, in Our judgement such is reasonably necessary to: (a) comply with Your Service support request; (b) comply with legal process; or (c) address claims by third parties that Your Content violates their rights.

 

3. Pricing and Payments

  1. Prices of Service are subject to change given 30 days notice by Us as published via our Site or the Service itself.

  2. All payments for Service are due in U.S. Dollars, unless otherwise indicated. We accept payments via Paypal and credit card.

  3. The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, Account upgrades or downgrades or payments already made for Service.

  4. All payments are final and non-refundable except in Our sole discretion.

  5. You must select a (a) Monthly or (b) Yearly type of Service subscription. All types of subscription to the Service renew automatically by default. It is Your responsibility to cancel subscription and related future automatic payment renewals through the Service and Your method of payment. Cancellations can be requested via email to email@introduction.io.

  6. If a subscription charge is denied by Paypal or Our credit card processor, We will try to process payment another two times before suspending or terminating your Account.

  7. If You indicate a billing address in Canada we are required to charge You HST. For all other customers outside of Canada, You are responsible for all taxes associated with Your use of the Service.

 

4. Privacy Policy

By using the Service, You agree to our privacy policy (“Privacy Policy”). The Service may collect information about You through Your use of the Service, subject to Our Pivacy Policy, which may be modified at any time without notice to You. By reference, Our Privacy Policy is hereby incorporated. The current version of Our Privacy Policy may be found online at http://www.introduction.io/privacy-policy.

 

5. Confidentiality

You understand and agree that We may provide You with confidential information or similiarily You may provide Us with confidential information through use of the Service. Confidential information will remain the sole and exclusive property of the party disclosing the confidential information and may not be shared with any third parties subject to the prior written consent of the party disclosing the confidential information.

 

6. Conduct & Liability

You are responsible for the security of the Service, through Your access to it and maintenance of confidentiality of usernames and passwords to your Account. You agree to immediately notify Us should you become aware of any breach in security relating to your Account and the Service. You acknowledge and agree that We are not liable (directly or indirectly) for any acts or omissions by You, including any damages incurred through such acts or omissions.

 

Additionally, you agree and warrant:

  1. That all of the information You provide Us is correct.

  2. That You have the necessary right, power and authority to enter into this agreement and to perform the acts required of You under this agreement.

  3. That You own, or otherwise have the right to use, post, and disclose Your Content on the Service (and hereby grant Us the right to use, reproduce, display, perform, adapt, modify, distribute and have Your Content distributed.)

  4. That Your Content will not include anything unlawful, harmful, threatening, abusive, harassing, defamatory, hateful or otherwise objectionable, and that you have the right to transmit it under law and any applicable agreements. Your Content will also not contain programs, software or anything which limits or destroys the functionality of software or hardware or telecommunications equipment. Your Content will not infringe on any patent, trademark, trade secret, copyright or other proprietary rights of another person or entity.

  5. Not to use the Service for unsolicited messaging or “Spam”.

  6. Not to violate the legal rights of others.

  7. Not to misrepresent yourself or assume the identity of another person or entity on the Service.

  8. Not to state or imply a formal relationship to Us or the Service through your use of the Service or otherwise.

  9. Not to carry out any acts or omissions which would negatively affect the usability of the Service.

 

You are solely responsible for activities at the Service conducted using Your Account, by Yourself or any third party accessing the Service using Your Account. You agree to indemnify Us and Our partners, employees, agents and successors against any and all third party claims, actions, demands, suits and all related losses, liabilities, damages, penalties, costs and expenses (including, but not limited to, attorney's fees and settlement costs) arising from: (a) Your use of the Service in violation of these Terms; (b) Your Content; (c) Your infringement or misappropriation of any proprietary rights (including, but not limited to patents, trademarks, trade secrets or copyright) of another person or entity.

 

WARRANTY DISCLAIMER

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK.

WE DO NOT WARRANT THAT (I) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR OPERATE IN AN UNINTERUPTED FASHION, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.

 

LIMITED LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE (INCLUDING ALL OF OUR SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES AND LICENSORS) SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF USE, LOSS OF DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF OBTAINING SUBSTITUTE GOODS OR SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. WE SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT DAMAGES ARISING OUT OF OR RELATED TO THE SERVICE EXCEEDING THE AMOUNTS PAID BY YOU FOR THE SERVICE IN THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT WHICH GAVE RISE TO THE CLAIM.

 

7. General Information

  1. This constitutes the entire agreement between Us and You and governs Your use of the Service and supersedes any prior agreements between Us and You with respect to the Service.

  2. Nothing contained herein will be construed to constitute either party as a partner, employee or agent of the other party, nor will either party hold itself out as such. Neither party has any right or authority to incur any warranty, liability or obligation of any kind (express or implied) on behalf of the other party.

  3. Our failure to exercise or enforce any right or provision of the Terms or Other Policies shall not constitute a waiver of the right or provision. If any provision of the Terms or Other Policies is found by a court of competent jurisdiction to be invalid, then You agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and that the other provisions of the Terms and Other Policies remain in full force and effect.

 

Questions?

You can get in touch with us via email: email@introduction.io.