Website Terms of Use
The Inswitch website,
https://www.inswitch.com, is a copyrighted work owned by Inswitch. Certain features of the site may be subject to additional guidelines, terms, or rules, which will be posted in connection with such features.
All additional guidelines and rules are incorporated by reference into these Terms.
These Terms of Use describe the legally binding terms that govern the use of the site. BY LOGGING INTO THE SITE, YOU ARE COMPLYING WITH THESE TERMS and you declare that you have the authority and capacity to comply with them. YOU MUST BE AT LEAST 18 YEARS OLD TO ACCESS THE SITE. IF YOU DO NOT AGREE WITH ALL THE PROVISIONS, DO NOT ACCESS OR USE THE SITE.
Access to the Website
Subject to these terms, Inswitch grants you a limited, non-transferable, non-exclusive, and revocable license to access the site solely for your personal and non-commercial use.
Certain Restrictions
The rights granted to you under these terms are subject to the following restrictions: (a) you shall not sell, rent, lease, transfer, assign, distribute, host, or commercially exploit the Site; (b) you shall not modify, create derivative works, disassemble, compile, or reverse engineer any part of the Site; (c) you shall not access the Site to build a similar or competitive website; and (d) unless expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, or transmitted in any form or by any means, unless otherwise indicated. Any future release, update, or other addition to the Site's functionality will be subject to these Terms. All copyright and other proprietary notices on the Site must be retained on all copies thereof.
Inswitch reserves the right to change, suspend, or terminate the Site with or without prior notice. You agree that Inswitch will not be liable to you or any third party for any change, interruption, or termination of the Site or any part thereof.
No Support or Maintenance
You agree that Inswitch is not obligated to provide you with any support in connection with the Site. Excluding any content you may provide, you acknowledge that all intellectual property rights, including copyrights, patents, trademarks, and trade secrets in the Site and its content are owned by Inswitch. Note that these Terms and access to the Site do not grant you any rights, title, or interest in any intellectual property, except for limited access rights. Inswitch and its suppliers reserve all rights not granted in these Terms.
User Content
"User Content" means all information and content that a user submits to the Site. You are solely responsible for your User Content; thus, you assume all risks associated with your User Content. You hereby certify that your User Content does not violate our Acceptable Use Policy. You may not represent or imply to others that your User Content is provided, sponsored, or endorsed by Inswitch, as you are solely responsible for your User Content and may be exposed to liability. Inswitch is not obligated to back up any User Content you post; furthermore, your User Content may be deleted at any time without prior notice. You are solely responsible for making your own backups of your User Content if desired.
You hereby grant Inswitch an irrevocable, worldwide, non-exclusive, royalty-free, fully paid license to reproduce, distribute, publicly display, perform, prepare derivative works, incorporate into other works, and use and exploit your User Content, and to grant sublicenses of the aforementioned rights, solely for the purpose of including your User Content on the Site. You hereby irrevocably waive any claims and assertions of moral rights or attribution regarding your User Content.
Acceptable Use Policy
The following terms constitute our "Acceptable Use Policy": You agree not to use the Site to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party rights or any intellectual property or proprietary rights; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another's privacy, vulgar, defamatory, false, intentionally misleading, commercially defamatory, pornographic, obscene, patently offensive, promotes racism, intolerance, hatred, or harm of any kind against any group or individual; (iii) that is harmful to minors in any way; or (iv) that violates any law, regulation, or obligation or restriction imposed by a third party.
Additionally, you agree not to: (i) upload, transmit, or distribute through the Site any software intended to damage or alter a computer system or data; (ii) send through the Site unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicate or unsolicited messages; (iii) use the Site to harvest, collect, or assemble information or data about other users without their consent; (iv) interfere with, disrupt, or create an undue burden on the servers or networks connected to the Site, or violate the regulations, policies, or procedures of such networks; (v) attempt to gain unauthorized access to the Site, whether through password mining or any other means; (vi) harass or interfere with any other user's use and enjoyment of the Site; or (vi) use software or automated agents or scripts to generate automated searches, requests, or queries on the Site.
We reserve the right to review any User Content and investigate and/or take appropriate action against you, at our sole discretion, if you violate the Acceptable Use Policy or any other provision of these Terms or create liability for us or any other person.
If you provide Inswitch with any feedback or suggestions regarding the Site, you hereby assign to Inswitch all rights to such feedback and agree that Inswitch shall have the right to fully use and exploit such feedback and related information in any manner it deems appropriate. Inswitch will treat any feedback you provide about the company as non-confidential and non-proprietary. You agree to indemnify and hold harmless Inswitch and its officers, employees, and agents, including costs and attorneys' fees, from any claim or demand made by a third party due to or arising out of: (a) your use of the Site, (b) your violation of these Terms, (c) your violation of applicable laws or regulations, or (d) your User Content.
Inswitch reserves the right to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Inswitch. Inswitch will use reasonable efforts to notify you of any claim, action, or proceeding upon becoming aware of it.
Third-Party Links and Ads; Other Users:
Third-Party Links and Ads
The Site may contain links to third-party websites and services and/or display third-party advertisements. Such links and ads are not under the control of Inswitch, and Inswitch is not responsible for any third-party links or ads. Inswitch provides access to these links and ads solely for your convenience and does not review, approve, monitor, endorse, guarantee, or make any representations regarding such content. You use all third-party links and ads at your own risk and should apply a suitable level of caution and discretion when doing so. When you click on any link or ad, the applicable third-party terms and policies, including privacy and data collection practices, apply.
Other Users
Each user of the Site is solely responsible for all their content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or others. You agree that Inswitch will not be responsible for any loss or damage incurred as a result of such interactions. If there is a dispute between you and any other user of the Site, we have no obligation to become involved.
You hereby release and forever discharge Inswitch and our officers, employees, agents, successors, and assigns, and hereby waive all past, present, and future disputes, claims, controversies, demands, rights, obligations, liabilities, and causes of action of every kind and nature, that have arisen or arise directly or indirectly from, or relate directly or indirectly to, the Site.
Web Cookies
Like any other website,
www.inswitch.com uses 'cookies'. These cookies are used to store information, including visitors' preferences and the pages on the website that the visitor accessed or visited. The information is used to optimize the users' experience by customizing our web page content based on visitors' browser type and/or other information.
Google DoubleClick DART Cookie
Google is one of the external vendors on our site. It also uses cookies, known as DART cookies, to serve ads to our site visitors based on their visit to
https://www.inswitch.com/ and other sites on the internet. However, visitors may choose to decline the use of DART cookies by visiting the Google Ad and Content Network Privacy Policy at the following URL:
https://policies.google.com/technologies/ads
Our Advertising Partners
Some of the advertisers on our site may use web cookies. Our advertising partners are listed below. Each of our advertising partners has its own Privacy Policy for their policies on user data. For easier access, we have hyperlinked to their Privacy Policies below:
https://policies.google.com/technologies/ads
Disclaimers
The Site is provided "as is" and "as available," and Inswitch and our suppliers expressly disclaim all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, enjoyment, accuracy, or non-infringement. Neither we nor our suppliers guarantee that the Site will meet your requirements, be available uninterrupted, timely, secure, or error-free, or be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe. If applicable law requires any warranties regarding the Site, all such warranties are limited in duration to ninety (90) days from the date of first use.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Some jurisdictions do not allow limitations on the duration of an implied warranty, so the above limitation may not apply to you.
Copyright Policy
Inswitch respects the intellectual property of others and asks that users of our Site do the same. In connection with our Site, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing material and the termination of users of our online Site who are repeat infringers of intellectual property rights, including copyrights.
General
These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an email to the last email address you provided to us; and/or by prominently posting notice of the changes on our Site. You are responsible for providing us with your most current email address. If the last email address you provided to us is not valid, our sending of the email containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to these Terms will be effective thirty (30) calendar days after we send you an email notice, or thirty (30) calendar days after we post the notice of changes on our Site, whichever occurs first. These changes will be effective immediately for new users of our Site. Continued use of our Site following notice of such changes shall indicate your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes.
Dispute Resolution
Please read this arbitration agreement carefully. It is part of your contract with Inswitch and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Applicability of Arbitration AgreementAll claims and disputes in connection with the Terms, or the use of any product or service provided by Inswitch that cannot be resolved informally or in small claims court, shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed, all arbitration proceedings shall be conducted in English. This Arbitration Agreement applies to you and Inswitch and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of the services or goods provided under the Terms.
Notice Requirement and Informal Dispute Resolution
Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute describing the nature and basis of the claim or dispute and the requested relief. A Notice to Inswitch must be sent to: Inswitch's address specified at the end of this page. After receiving the notice, you and Inswitch may attempt to resolve the claim or dispute informally. If you and Inswitch do not resolve the claim or dispute within thirty (30) days after the notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by either party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award to which either party is entitled.
Arbitration Rules
Arbitration shall be initiated through the American Arbitration Association (AAA), an established alternative dispute resolution provider that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative provider. The rules of the alternative provider shall govern all aspects of the arbitration, except to the extent such rules conflict with the Terms. The AAA Consumer Arbitration Rules governing the arbitration are available online at adr.org or by calling AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claim or dispute where the total amount of the award sought is less than ten thousand U.S. dollars (USD 10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is ten thousand U.S. dollars (USD 10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held at a location within 100 miles of your residence, unless you reside outside the United States, and the parties agree otherwise. If you reside outside the U.S., the arbitrator shall give the parties reasonable notice of the date, time, and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator awards you an amount greater than the last settlement offer that Inswitch made to you prior to the initiation of arbitration, Inswitch will pay you the greater of the award or two thousand five hundred U.S. dollars (USD 2,500.00). Each party shall bear its own costs and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the alternative provider.
Additional Rules for Non-Appearance Based Arbitration
If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online, and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
Time Limits
If you or Inswitch pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations and within any deadline imposed by the AAA Rules for the pertinent claim.
Authority of Arbitrator
If arbitration is initiated, the arbitrator will decide the rights and liabilities of you and Inswitch, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The arbitrator's award is final and binding on you and Inswitch.
Waiver of Jury Trial
THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and Inswitch in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND INSWITCH WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions
ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
Confidentiality
All aspects of the arbitration proceeding shall be strictly confidential. The parties agree to maintain confidentiality unless the law requires otherwise. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
Severability
If a court of competent jurisdiction finds that any part or parts of this Arbitration Agreement are invalid or unenforceable under applicable law, then such specific part or parts shall be of no force and effect and shall be severed, and the remainder of the agreement shall continue in full force and effect.
Right to Waive
Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
Survival of Agreement
This Arbitration Agreement shall survive the termination of your relationship with Inswitch.
Small Claims Court
Notwithstanding the foregoing, either you or Inswitch may bring an individual action in small claims court
Emergency Equitable Relief
Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
Claims Not Subject to Arbitration
Notwithstanding the foregoing, claims for defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party's patent, copyright, trademark, or trade secrets shall not be subject to this Arbitration Agreement.The Site may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from Inswitch, or any products utilizing such data, in violation of U.S. export laws or regulations.
Electronic Communications
The communications between you and Inswitch use electronic means, whether you use the Site or send us emails, or whether Inswitch posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Inswitch in electronic form; and (b) agree that all terms, conditions, agreements, notices, disclosures, and other communications that Inswitch provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in printed form.
Entire Terms
These Terms constitute the entire agreement between you and us regarding the use of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word "including" means "including without limitation." If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions of these Terms will remain in effect, and the invalid or unenforceable provision shall be deemed modified to the extent necessary to make it valid and enforceable under applicable law. Your relationship with Inswitch is that of an independent contractor, and neither party is an agent or partner of the other. You may not assign, subcontract, delegate, or transfer these Terms and your rights and obligations hereunder without the prior written consent of Inswitch, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing shall be null and void. Inswitch may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
Copyright/Trademark Information
Copyright ©. All rights reserved. All trademarks, logos, and service marks displayed on the Site are our property or the property of third parties. You are not permitted to use these marks without our prior written consent or the consent of the third party that may own the marks.
Contact Information
Address: 5220 S University Dr STE 102C, Davie, FL 33328-5508, United States of America. Email:
infosales@inswitch.com.
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