Intelligent Substrates, Inc., Website Terms of Use


Contents

0. Introduction
1. General Terms
2. Product, Safety, Technical and Other Information
3. Orders
4. Privacy and Data Security
5. User Conduct
6. User Submissions
7. Indemnity
8. Modifications/Termination
9. Links
11. Notices and Procedures for Making Claims of Copyright Infringement
12. Disclaimers and Limitations of Liability
13. Notice/Opt Out Options
14. General Information
15.Violations

0. Introduction
Intelligent Substrates, Inc. (“ISI,” “we” or “our”) maintains the website located at www.IntelligentSubstrates.com and any associated and/or successor URLs, websites, technical and functional capability, webpages, User Submissions, Licensed Content and other materials (collectively the “Site”) to provide to its customers, suppliers and visitors (“you” or “your”) information about ISI, its industry, products and services. These Terms of Use are a binding contract and we encourage you to read them. By subscribing to its eNewsletter, accessing, or otherwise using the Site or any of its Licensed Content, you unconditionally agree to be bound by these Terms of Use and all applicable laws whether or not you have read them. The Terms of Use apply to all aspects of the Site and all users, whether they merely browse through it or use its interactive or eCommerce features.
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1. General Terms
You may browse the Site to learn more about ISI, access current and archived eNewsletters, ISI’s technical library containing Material Safety Data Sheets (“MSDS”), Technical Data Bulletins (“TDB”), Protocols and Product Information Sheets if applicable, ISI’s products and product specifications, its product catalog, submit requests for custom product specifications, related publications and events and other information it provides from time to time. You may use this and all other material posted on the Site or otherwise approved by it (collectively, “Licensed Content”) for informational purposes only and solely as set forth in the Site and these Terms of Use. You may view and print portions of the Licensed Content for your own personal use but not for resale or other commercial exploitation and not for use other than as provided in these Terms of Use. Any other use of Licensed Content without ISI’s prior written approval is strictly prohibited.
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2. Product, Safety, Technical and Other Information
While ISI uses commercially reasonable efforts to provide accurate information, the industry of which it is a part and the laws and regulations applicable to that industry change frequently. Some information may be cutting edge, up-to-the-minute research data. Moreover, ISI does not review the content of any material accessible through links from the Site. Therefore, information contained on or accessible through the Site, other than that specifically related to ISI’s products, may not be current or accurate. Because many factors go into the decision-making process of purchasing a given product and everyone’s particular circumstances and needs may differ, ISI cannot ensure or guarantee and does not warrant that its Licensed Content or that the recommendations, User Submissions (as hereinafter defined), regulations or other information provided by ISI or other Site users is useful, safe, unobjectionable, thorough, complete, accurate, up-to-date, or that your product selection will meet your particular needs or requirements. Please read and follow all instructions contained in any MSDS, TDS, Protocols, Product Information Sheets and/or any materials accompanying your shipment. Each claim or statement about the effectiveness of ISI products and/or claims or statements comparing the effectiveness of ISI products to those of others are expressly limited to the United States unless otherwise stated on the Site.
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3. Orders
Sales made through the Site are governed by ISI’s Standard Terms and Conditions of Sale and/or Invoice-Terms and Conditions (collectively, “Terms of Sale”). Please review the Terms of Sale carefully prior to ordering. By placing an order, you agree to be bound by them.
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4. Privacy and Data Security
ISI values its relationship with its customers, suppliers and Site visitors and uses commercially available technology to safeguard any personal information collected through the Site. Unfortunately, the Internet is an open medium and no data transmission through the Internet is completely secure. You transmit personal information of any nature or sort at your own risk. ISI does not guaranty or warranty the security of information you transmit to, through or from the Site. Once received, your personal information is stored on secure servers.
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Anonymous or Non-Personally Identifiable Information. In general, you may visit the Site without telling ISI who you are or revealing personal information about yourself. However, ISI as well as companies providing services to or on behalf of ISI (such as, without limitation, companies assisting with marketing and promotions, eNewsletters, surveys, database, hosting and other technology management and the like) may use various technologies, such as cookies and web beacons (1x1 pixels), to collect non-personally identifiable information discernable as a result of your visit. As technology evolves, information may be gathered through other means as well. This may include, without limitation, a visitor’s IP address, cookie information, web pages requested or viewed, date, time and domain type and responses to surveys. IP addresses and other information gleaned from your browser are automatically received and recorded on server logs. You may set your browser either to notify you when you receive a cookie or to refuse to accept cookies. However, if you do so you may not be able to participate in those features of the Site that require registration such as receiving eNewsletters. ISI and/or its service providers may use and disclose non-personally identifiable information in any manner for any purpose. For example, it may be used to communicate with you, to analyze statistics and trends, for more targeted advertising, for reporting, research, and educational purposes whether commercial or non-commercial, for scheduling and optimization of content delivery and, of course, if required to do so by law. These are just examples of the uses to which ISI may put non-personally identifiable information.

Personally Identifiable Information. Personal information is information you provide in any form that personally identifies you, such as your name, address, e-mail address, telephone number, in conjunction with additional information and that is not otherwise publicly available such as credit card or financial information. Personally identifiable information you voluntarily provide is collected and stored to enable you to order product, receive ISI’s eNewsletters and/or email, and for marketing and administrative purposes. It is used to fulfill your requests for custom products and product specifications, to respond to your questions, report a problem with the Site or participate in surveys or other promotions. Additionally, you cannot communicate with ISI through the “contact” or customer support links on the Site or via email without providing personally identifiable information. If you contact ISI or its service providers, a record of that session or correspondence will be maintained. ISI is not now but may in the future be affiliated with other companies with which it may share information collected through their respective websites. ISI, its service providers and/or its affiliates may also ask users to complete surveys for research purposes. If you do agree to share your personally identifiable information, ISI may use it for any legal purpose.

Use by Affiliates. ISI may share any information collected, whether personally identifiable or not, with affiliates. If ISI were to merge with another company or if it were to cease operations, your information, whether personally identifiable or not, may be transferred to the surviving or acquiring entity and will then be subject to that entity’s privacy policy. Your personal information may be disclosed if there is reason to believe that disclosure is necessary to identify, contact or bring legal action to enforce any of its rights, including against you or a third party, for nonpayment of any products or other material available for purchase through the Site, violation of any agreement, and to prevent injury to or interference with ISI’s rights or property, the rights or property of other Site users or anyone else that could be harmed by such activities. ISI may disclose or access account information when ISI believes, in good faith, that the law requires it, for administrative and other purposes deemed necessary to maintain, service and improve the Site and ISI’s services and to protect its rights or property. By accessing and using the Site, you agree that information you have provided may be used and disclosed as described above or as these Terms of Use may be modified from time to time

Notice to California residents about your California privacy rights: In addition to the other rights described in this policy, if you reside in California, you have the right to request information regarding the third parties with whom ISI has shared your personal information for direct marketing purposes during the past year. You have the right to submit a request to ISI at its designated address and receive the following information within 30 days of its receipt of that request: (1) the types of personal information disclosed to third parties during the immediately preceding calendar year, (2) the names and addresses of third parties that received the personal information, and (3) if the nature of a third party’s business cannot be reasonably determined from the third party’s name, examples of its products or services. You are entitled to receive a copy of this information in a standardized format.  Information provided will not be specific to you individually. All such requests must be in writing and sent to ISI’s designated address set forth in Section 10.

Except for any personally identifiable information ISI may collect from you under the guidelines established in these Terms of Use, any articles, knowledge-base or other comments, product or service reviews, discussion board/chat room material or discussions, blogs, data, images, sounds, text, ideas, suggestions, enhancements, as well as anything embedded therein, or other material, information or communication you transmit, submit, upload or post to the Site, or via email to ISI (collectively, “User Submissions”) are non-confidential and nonproprietary. User Submissions do not include business terms in your product or service orders. ISI has no obligation to preserve the confidentiality of or refrain from disclosing any User Submissions, has no liability for and will be free to copy, disclose, distribute, incorporate and otherwise use all or any part of any User Submissions for any and all commercial or noncommercial purposes. Please exercise caution and discretion in disclosing personal or otherwise confidential information through, including uploading photos to, the Site.
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5. User Conduct
In general, ISI expects visitors to interact with ISI and other users of the Site in a truthful, courteous manner and in compliance with all laws. You agree to provide accurate and complete information when communicating with ISI and never use another’s account or other information. If you have been given access to a secure section of the Site, you are responsible for the activity that occurs through your password or user id. It is your responsibility to keep them secure. ISI will not be responsible for any losses you may incur by any unauthorized use of your account and you may be liable for the losses of ISI or others due to such unauthorized use.

Vandalism, obscene or abusive language, pornography, harassment, threats, or abuse of any nature or form on the Site, including via e-mail, post or other transmission is strictly prohibited. Impersonation of others or misrepresenting your affiliation with ISI or another is prohibited. You may not upload to, distribute or otherwise publish through the Site any material that you know is or reasonably believe to be false or misleading, contains viruses or malicious code, is defamatory, vulgar, obscene, threatening, libelous, infringes upon another’s proprietary rights, is invasive of another’s privacy or publicity rights, is hateful, racially or ethnically objectionable or which may constitute or encourage a criminal offense, violate any law or another’s rights or otherwise give rise to liability.

You agree not to forge headers or otherwise manipulate identifiers in order to disguise the origin of anything transmitted through the Site, disclose proprietary or confidential information or otherwise infringe another’s patent, trademark, trade secret, copyright or other proprietary right (collectively “Rights”). You may not upload chain letters, engage in pyramid schemes, for solicitations, advertising or promotional or other commercial material of any sort through the Site. Framing, in-line linking or other means of associating the Site, Marks or Licensed Content with another or with any material, link or information not originating with ISI is expressly prohibited.

You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Site in a manner that sends more request messages to ISI services in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Nevertheless, ISI may grant operators of public search engines permission to use spiders to copy materials from the Site as necessary to create publicly available searchable indices of the Licensed Content, but not caches or archives of Licensed Content. ISI reserves the right to revoke these exceptions either generally on in specific cases. You agree not to collect or harvest any personally identifiable information from the Site or use the communication systems provided by the Site (e.g., comments, email) for any commercial solicitation purposes.

Any attempt to interfere with, overburden or disrupt the Site, its servers, networks, Software, equipment or database connected to the Site, or other Site visitors, whether via malicious code, files or other means, or attempts to disassemble, reverse engineer or decompile any Software, circumvent security features such as passwords, or take any action that compromises the privacy or security of the Site, users or other visitors is strictly prohibited.
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6. User Submissions
You are solely responsible for User Submissions you submit, transmit through or upload to the Site and the consequences of posting or publishing them. You agree that you will not submit User Submissions that violate these Terms of Use, are copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post User Submissions and to grant ISI and other Site users the license rights granted herein. Although ISI will not, and has no obligation to, monitor User Submissions, it has the right not to post or publish Licensed Content and/or User Submissions and to delete, remove or edit any Licensed Content and/or User Submissions at any time in its sole discretion without notice or liability of any notice or sort. Under no circumstances is or will ISI or its affiliates be liable in any way for any User Submissions, your or another’s use of the Site or any Licensed Content, including but not limited to any errors or omissions in any Licensed Content, or for loss or damage of any kind incurred as a result of the use of any Licensed Content via the Site. Any claims made through any User Submissions have not undergone review, testing, or research by ISI to substantiate such claims. User Submissions are not confidential. ISI does not endorse any User Submission or any opinion, recommendation or advice expressed therein and expressly disclaims any and all liability in connection with User Submissions. In connection with uploading material to the Site, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and hereby authorize and license ISI to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions in the manner contemplated by the Site. You also hereby grant each user of the Site a non-exclusive license to access your User Submissions through the Site and to use, reproduce, distribute, display and perform them as permitted by these Terms of Use. Although the license granted to ISI to post the User Submission on the Site terminates within a commercially reasonable time after you remove or delete your User Submission from the Site, anyone who may have accessed or downloaded the User Submission prior to such removal or deletion may continue to use all or any part thereof for the purposes set forth in these Terms of Use and as contemplated by the Site provided that all copyright and other proprietary notices on the User Submission are included with each use.
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7. Indemnity
You agree to indemnify, defend, release and hold ISI, its officers, directors, members, suppliers, service providers, co-branders or other partners, agents and employees, and those of its affiliates, harmless from all claims, demand, damages, fees and costs of any nature, including costs of investigation and reasonable fees of attorneys and other professionals, due to or arising out the posting or use of any User Submission, anything else you transmit through or upload to the Site, your use of the Site, your connection to the Site, your violation of these Terms of Use, or your violation of any Rights. In the event you provide registration or other information that is untrue, inaccurate, fraudulent, or out of date, you agree to indemnify ISI for and hold it harmless from and against any and all liability, damages, loss or expense (including reasonable fees of attorneys and other professionals) of any nature or sort it may incur arising from or related to any claim, demand, action or proceeding alleged or initiated against ISI by any third party based upon the information you provide, any User Submissions or use of the Site.
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8. Modifications/Termination
From time to time ISI may modify the Licensed Content, products, the product catalog, the Site’s functionality, operation or capability, disable certain features or bar access to, suspend or discontinue its provision of the Site. ISI also reserves the right at any time and from time to time to modify these Terms of Use, (or any part thereof) with or without notice. Please review these Terms of Use regularly. ISI, in its sole discretion, may suspend or terminate your access or use for any reason, but especially if it believes that you have violated or acted inconsistently with the law or spirit of these Terms of Use. You agree that any suspension or termination may be effected without prior notice or liability to you.
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9. Links
Links are fundamental to the nature of the Internet in general and this Site. When you click a hyperlink to other internet websites or resources accessible through the Site, you leave the Site. ISI has no control over such sites, their content and resources or the business practices or policies of operators of such sites. The privacy terms set forth in these Terms of Use do not apply to the practices of any companies or individuals operating the linked sites. Please use caution and review the privacy policies of any sites that you visit to learn more about their information-gathering practices. ISI expressly disclaims all responsibility or liability for the availability or accuracy of such external sites or resources or the content thereon, does not endorse and is not responsible or liable for any advertising, products, advice, research, data or other materials on or available from such sites or resources. The inclusion of any link on the Site does not imply that ISI endorses the linked site. Your use of any links is at your own risk. You further acknowledge and agree that ISI shall not be responsible or liable, directly or indirectly, for any harm, damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any goods, services, advice or materials available on or through any such link, site or resource.
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10. ISI’s Proprietary Rights
Everything you see or read on the Site, including the collection, compilation, assembly and arrangement of Licensed Content is protected by all United States and international copyright and trademark laws, and may not be used except as provided in these Terms of Use without the express written permission of ISI. The Site, including any necessary software, code or other technology used in connection with the Site (“Software”), Licensed Content including all images, photography, graphics, artwork, text, and other information and material found on the Site, all Marks and other intellectual property or other Rights relating thereto and all information and data collected through the Site are owned by and proprietary to ISI. All trademarks, logos, trade names, trade dress, product and service marks, individually or combined with one another (collectively the “Marks”) and whether or not registered, are proprietary to ISI or other third party owners who have granted it the right and license to use its marks (“Third Party Marks”). You may not use or display the Marks or Third Party Marks in any manner without the prior written consent of the applicable owner. This includes use of the Site address or Marks in page text, as key words, meta tags or any other “hidden text.” You recognize and acknowledge that your submission of any designs, suggestions, ideas, images, sounds, enhancements, data or other material is done on a non-confidential, non-proprietary basis, without expectation of compensation or attribution of any sort. ISI may use any such material in any manner for any reason without your consent, fee or obligation to account to you in any way, and, unless you and ISI agree otherwise in writing, ISI is and shall be the sole and exclusive owner.
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11. Notices and Procedures for Making Claims of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to ISI.

ISI respects the intellectual property of others, and asks its users and visitors to do the same. ISI will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, ISI will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.

If you believe that your work has been copied in any way that constitutes copyright infringement, please provide all of the following information:

a. a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;

b. a description of the copyrighted work that you claim has been infringed;

c. a description of where the material that you claim is infringing is located on the Site;

d. your address, telephone number, and email address and all other information reasonably sufficient to permit ISI to contact you;

e. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

f. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notices of claimed copyright infringement should be directed to:

By mail
Intelligent Substrates, Inc.
Attn: Webmaster
3500 Boston Street – Suite 318, MS-71
Baltimore, Maryland 21224

By Email:
webmaster@intelligentsubstrates.com
(Please include “Notice of Infringement” in the subject line.)

IMPORTANT NOTE: THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING ISI THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS PRODUCT-RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
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12. Disclaimers and Limitations of Liability
ISI does not offer advice of any nature or sort through the Site and nothing contained in the Licensed Content or on the Site should be construed as offering advice. You waive any legal or equitable rights or remedies you have or may have against ISI with respect to your use of the Site and, specifically, any Licensed Content, and agree to indemnify and hold ISI harmless to the fullest extent allowed by law regarding all matters in connection with your use of the Site. ISI disclaims all representations or warranties about the accuracy or completeness of the Site or Licensed Content.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(a) YOUR USE OF THE SITE, LICENSED CONTENT, ANY USER SUBMISSIONS AND ANY PARTICULAR FEATURE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ISI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, FREEDOM FROM MALICIOUS CODE, NON-INFRINGEMENT AND NONINTERFERENCE WITH YOUR USE OF ALL OR ANY PART OF THE SITE.
(b) ISI MAKES NO WARRANTY (i) THAT THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR TIMELY, THAT IT IS SECURE, OR THAT LICENSED CONTENT IS ACCURATE OR ERROR-FREE, (iii) THAT THE LICENSED CONTENT, USER SUBMISSIONS OR RESULTS OBTAINED FROM USE OF THE SITE WILL BE USEFUL, COMPLETE, CURRENT, ACCURATE OR RELIABLE, WILL MEET YOUR NEEDS OR EXPECTATIONS.
(c) ANY LICENSED CONTENT AND/OR USER SUBMISSION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING DAMAGE.
(e) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE ISI, ANY WEBSITE ACCESSED VIA A LINK ON THE SITE OR THROUGH OR FROM USER SUBMISSIONS OR LICENSED CONTENT SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE ISI SHALL NOT BE LIABLE FOR ANY LOSS, HARM OR DAMAGES INCURRED WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE ISI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER ARISING OUT OF OR IN CONNECTION WITH THE USE OR THE INABILITY TO USE, ACCURACY OF THE INFORMATION, LICENSED CONTENT, USER SUBMISSIONS, LINKED WEBSITES OR OTHER MATERIAL SHOWN OR AVAILABLE FROM THE SITE OR ANY OTHER MATTER RELATING TO YOUR ACCESS TO OR USE OF THE SITE. IN ANY CASE, THE ISI’S SOLE LIABILITY, AND THAT OF ITS LICENSORS, SUPPLIERS AND PARTNERS, AND AFFILIATES IS LIMITED TO FIVE DOLLARS ($5.00). YOUR LEGAL RIGHTS WITH RESPECT TO THESE DISCLAIMERS AND WAIVERS MAY VARY FROM JURISDICTION TO JURISDICTION. WITHOUT INTENDING TO LIMIT THE FOREGOING, YOU MUST BRING ANY CLAIMS YOU MAY HAVE AGAINST THE ISI WITHIN SIX (6) MONTHS OF THE DATE THE CLAIM AROSE OR BE FOREVER BARRED. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
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13. Notice/Opt Out Options
Notices to you may be made via either email or regular mail. ISI may also provide notices of changes to these Terms of Use or other matters by displaying notices or links to notices to you generally on the Site.
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14. General Information
These Terms of Use and any other agreements, whether or not referenced herein, constitute the entire agreement between you and ISI with regard to and shall govern all purchases. Your activities and use of the Site supersede any prior agreements between you and ISI. These Terms of Use, your use of the Site and any other agreement with and the relationship between you and ISI shall be governed by the laws of the State of Maryland without regard to choice of law provisions. You and ISI agree to submit to the personal and exclusive jurisdiction of the pertinent local or federal courts located within or with jurisdiction over the City of Baltimore, State of Maryland regardless of the fact that the Site is accessible outside the United States. If you do access the Site outside the United States, your connection is through and to servers located in the United States. Any personal information you provide will be processed and maintained on ISI’s Site servers and/or has other network systems operated by or for the ISI’s benefit located within the United States. Notwithstanding the foregoing, ISI may seek equitable relief, including preliminary and permanent injunction, in any court of competent jurisdiction to prevent or enjoin misappropriation, misuse, unauthorized disclosure or infringement of any intellectual property rights. The failure of ISI to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, you must file any claim or cause of action arising out of or related to your use of the Site or the Terms of Use within six (6) months after such claim or cause of action arose or be forever barred. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.
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15. Violations
Please report any violations of the Terms of Use to webmaster@intelligentsubstrates.com.
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