INTELYCARE TERMS OF USE

March 12, 2021

These Terms of Use govern your use of the websites that link to these Terms of Use. In these Terms of Use, the word “Sites” refers to each of these websites and the services offered on those Sites.

IntelyCare offers a variety of services. Your use of IntelyCare products or services are provided by IntelyCare pursuant to a separate manually or electronically signed agreement, pursuant to additional terms of service. Those additional terms apply to the extent that you use services subject to such terms.

1. Acceptance of Terms
The services that IntelyCare provides to you through the Sites are subject to these Terms of Use. IntelyCare reserves the right to update the Terms of Use at any time without notice to you. The most current version of the Terms of Use can be reviewed by clicking on the “Terms of Use” link located at the bottom of our Sites. If you don’t agree to these Terms of Use, you must stop using the Sites.

2. Description of Services
Through its Sites, IntelyCare may provide you with access to a variety of resources, including communication forums and product information (collectively “Services”). The Services, including any updates, enhancements, new features, or the addition of any new Sites, are subject to the Terms of Use.

3. Personal and Non-Commercial Use Limitation
Unless otherwise specified, the Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services.

4. Privacy and Protection of Personal Information
See the Privacy Policy at www.intelycare.com/privacy-policy/ relating to the collection and use of your personal information on the Sites.

5. Notice Specific to Documents Available on the Sites
Permission to use Documents (such as white papers, press releases, datasheets and FAQs, together “Documents”) from the Services is granted, provided that (a) you do not remove any copyright notices on the Documents, (b) use of such Documents from the Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (c) no modifications of any Documents are made. Use for any other purpose is expressly prohibited.

Documents specified above do not include the design or layout of the IntelyCare Sites. Elements of the Sites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any IntelyCare Sites may be copied or retransmitted unless expressly permitted by IntelyCare.
INTELYCARE AND ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. INTELYCARE AND ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. INTELYCARE AND ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS OR CHANGES IN THE PRODUCT(S) OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.

6. Member Account, Password, and Security
If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a username. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for all activities that occur under your account. You agree to notify IntelyCare immediately of any unauthorized use of your account or any other breach of security. IntelyCare will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by IntelyCare or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.
You must be at least 18 years old to use the Sites.

7. No Unlawful or Prohibited Use
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any IntelyCare server, or the network(s) connected to any IntelyCare server, or interfere with any other party’s use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any IntelyCare server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.

8. Use of Communication Services
The Services may contain chat areas, news groups, forums, communities, calendars, photo albums, file cabinets or other message or communication facilities that may allow you to communicate with others (each a “Communication Service” and collectively “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service.
IntelyCare has no obligation to monitor the Communication Services. However, IntelyCare reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. IntelyCare reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.

Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Services. IntelyCare does not control or endorse the content, messages or information found in any Communication Services and, therefore, IntelyCare specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services.
Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction or dissemination; you are responsible for adhering to such limitations if you download the materials.

9. Acceptable Use
You may only use the Services in a proper, professional manner. By way of example, and not as a limitation, you agree that when using the Services and the Sites, you will not:
• Use them in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
• Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
• Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
• Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.
• Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
• Download any file posted by another user that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, or distributed in such manner.
• Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
• Restrict or inhibit any other user from using and enjoying the Sites.
• Violate any code of conduct or other guidelines which may be applicable for any particular Services.
• Harvest or otherwise collect information about others, including e-mail addresses.
• Violate any applicable laws or regulations.
• Create a false identity for the purpose of misleading others.
• Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.
IntelyCare reserves the right at all times to disclose any information as IntelyCare deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in IntelyCare’s sole discretion.

10. Materials Provided to IntelyCare or Posted at any IntelyCare Sites
IntelyCare does not claim ownership of the materials you provide to IntelyCare (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community, (each a “Submission” and collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting (“Posting”) your Submission you are granting IntelyCare, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their businesses, including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and the right to sublicense such rights to any supplier of the Services.
No compensation will be paid with respect to the use of your Submission, as provided herein. IntelyCare is under no obligation to post or use any Submission you may provide and IntelyCare may remove any Submission at any time in its sole discretion.

By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

In addition to the warranty and representation set forth above, by Posting a Submission that contain images, photographs, pictures or that are otherwise graphical in whole or in part (“Images”), you warrant and represent that (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by these Terms of Use and the Services, (b) you have the rights necessary to grant the licenses and sublicenses described in these Terms of Use, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms of Use, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images. The licenses granted in the preceding sentences for a Images will terminate at the time you completely remove such Images from the Services, provided that, such termination shall not affect any licenses granted in connection with such Images prior to the time you completely remove such Images. No compensation will be paid with respect to the use of your Images.

11. Copyright Complaints and Removal Policy
IntelyCare respects the intellectual property rights of third parties. If you believe that your work has been copied in a manner that constitutes intellectual property infringement, including claims of copyright infringement, please follow the instructions at our Copyright Protections page.

12. Links to Third Party Sites
LINKS TO THIRD-PARTY SITES WILL LET YOU LEAVE INTELYCARE’S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF INTELYCARE AND INTELYCARE IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. INTELYCARE IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF A LINK TO A THIRD-PARTY SITE DOES NOT IMPLY ENDORSEMENT BY INTELYCARE OF THE SITE.

13. Our Warranties and Disclaimers
We provide our Services using a commercially reasonable level of care and will do our best to make sure you enjoy the Services. But there are certain things that we don’t promise about our Services.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OF USE, NEITHER INTELYCARE NOR ITS AGENTS OR SERVICE PROVIDERS (THE “SERVICES ENTITIES”) MAKE ANY SPECIFIC PROMISES ABOUT THE SITES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SITES, THE SPECIFIC FUNCTION OF THE SITES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SITES “AS IS”.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.

14. Liability for our Services
EXCEPT WHERE PROHIBITED, THE SERVICES ENTITIES WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SITES OR ANY THIRD PARTY’S USE OF THE SITES. THESE EXCLUSIONS INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, COMPUTER FAILURE, OR THE VIOLATION OF YOUR RIGHTS BY ANY THIRD PARTY, EVEN IF THE SERVICES ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED.

15. Contact IntelyCare
For questions or concerns about these Terms of Use or the Services, please contact IntelyCare at www.intelycare.com/company/contact-us/ or by post at IntelyCare, Inc., Attn.: Legal, 1515 Hancock Street, Suite 203, Quincy, MA 02169.

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