Our Terms of Service
Effective: July 1, 2021
These Terms of Service (“Terms”) apply to your access to and use of the website and other online products and services (collectively, the “Services”) provided by Intrinsic Innovation LLC and its subsidiaries (“Intrinsic” or “we”), located at 100 Mayfield Ave., Mountain View, CA 94043. By using our Services, you agree to these Terms. If you do not agree to these Terms, do not use our Services.
We may supply different or additional terms for some of our Services, and those different or additional terms become part of your agreement with us if you use those Services. If there is a conflict between these Terms and the additional terms, the additional terms will control for that conflict. These Terms do not supersede or amend such different or additional terms. For clarity, the Services do not include Intrinsic’s enterprise and developer technology offerings made available pursuant to a separate written agreement with Intrinsic.
We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through our Services, or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Services.
If you have any questions about these Terms or our Services, please contact us at email@example.com.
You and Intrinsic agree as follows:
1. Prohibited conduct
You will not violate any applicable law, contract, intellectual property or other third-party right or commit a tort, and you are solely responsible for your conduct while using our Services. You will not:
- Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
- Impersonate or post on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity;
- Sell or resell our Services;
- Copy, reproduce, distribute, publicly perform or publicly display all or portions of our Services, except as expressly permitted by us or our licensors;
- Modify our Services, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Services;
- Use our Services other than for their intended purpose or in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any way;
- Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
- Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Services that you are not authorized to access;
- Use any data mining, robots, or similar data gathering or extraction methods designed to scrape or extract data from our Services;
- Develop or use any applications that interact with our Services without our prior written consent;
- Bypass or ignore instructions contained in our robots.txt file; or
- Use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
You may only share information that you have all necessary rights to disclose. You may not share any information that:
- May infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;
- Impersonates, or misrepresents your affiliation with, any person or entity;
- Contains any private or personal information of a third party without such third party’s consent;
- Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
- That may expose us to liability of any type.
2. Ownership; Limited license
The Services, including the text, graphics, images, photographs, videos, illustrations and other content contained therein, are owned by Intrinsic or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Services are reserved by us or our licensors. Any use of the Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein.
INTRINSIC and our other marks, logos, product or service names, slogans and the look and feel of the Services are intellectual property of Intrinsic and may not be copied, imitated, or used, in whole or in part, without our prior written permission. Other trademarks, product names and company names or logos mentioned on the Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by us.
Any questions, comments, suggestions, ideas, works, or other information about Intrinsic or our products or services that you post, submit, or otherwise communicate to us (collectively, “Feedback”), is non-confidential and will become the sole property of Intrinsic. You hereby assign to Intrinsic all rights, title and interest in and to Feedback, including, without limitation, all intellectual property rights, and Intrinsic will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
5. Third-Party Content
We may provide information about third-party products, services, activities or events, or we may allow third parties to make their content and information available on or through the Services (collectively, “Third-Party Content”). We may provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. Intrinsic does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content and your access to and use of such Third-Party Content is at your own risk.
To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless Intrinsic and its affiliates, and each of their respective officers, directors, agents, partners and employees (individually and collectively, the “Intrinsic Parties”) from and against any loss, liability, claim, demand, damages, expenses or costs ("Claims") arising out of or related to (a) your access to or use of our Services; (b) your submissions or Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); and (e) your conduct in connection with our Services. You agree to promptly notify Intrinsic Parties of any third-party Claims, cooperate with Intrinsic Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys' fees). You also agree that the Intrinsic Parties will have control of the defense or settlement, at Intrinsic's sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Intrinsic or the other Intrinsic Parties.
Your use of our Services is at your sole risk. Except as otherwise provided in a writing by us, our Services are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, Intrinsic does not represent or warrant that our Services are accurate, complete, reliable, current, or error-free. While Intrinsic attempts to make your use of our Services safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services.
8. Limitation of liability
To the fullest extent permitted by applicable law, Intrinsic and the other Intrinsic Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits for any claim arising out of or relating to these Terms or our Services, even if Intrinsic or the other Intrinsic Parties have been advised of the possibility of such damages.
The total liability of Intrinsic and the other Intrinsic Parties, for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the amount paid, if any, by you to use our Services.
The limitations set forth in this section will not limit or exclude liability for the gross negligence, fraud, or intentional misconduct of Intrinsic or the other Intrinsic Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
9. Governing law and venue
Any dispute arising from these Terms and your use of our Services will be governed by and construed and enforced in accordance with the laws of California, without regard to conflict of law rules or principles (whether of California or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties will be resolved in the state or federal courts of California and the United States, respectively, sitting in Santa Clara County, CA.
10. Modifying and terminating our Services
We reserve the right to modify our Services or to suspend or stop providing all or portions of our Services at any time. You also have the right to stop using our Services at any time. We are not responsible for any loss or harm related to your inability to access or use our Services.
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
The failure of Intrinsic to exercise or enforce any right or provision of these Terms will 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. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically.