Insorce Usage Statement

Introduction

Welcome to the Insorce Operational Optimizers Pvt. Ltd. ("Insorce") www.insorce.com web site (the "Site"). Insorce makes the Site and any services made available from the Site ("Services") available subject to the following terms and conditions of use ("Terms"). Please read the Terms carefully as they contain the legal terms and conditions of an agreement ("Agreement") that you agree to bound by when you access and/or use the Site. By accessing any page on the Site or using Services, you agree to be bound by the Terms of Sections A and C which contain provisions applicable to all users of the Site, including casual visitors. If you choose to register on the Site, you must also read and agree to be bound by the Terms set forth in Section B, in addition to the Terms of Section C, by clicking on the "I Accept" button set forth at the end of this Agreement. For the purposes of this Agreement, "you" means you, the person using the Site, and, if applicable, the person that agrees to the Terms in Sections B and C when registering on the Site. You and any persons that uses the Services, are sometimes referred to in this Agreement as the "User." "Insorce," "we" or "us" means Insorce Operational Optimizers Pvt. Ltd. In the case of inconsistencies between these Terms and information on the Site and included in off-line materials (e.g., promotional materials and mailers), these Terms will always govern and take precedence. To the extent that this Agreement contradicts or is inconsistent with any signed written agreement between you or your company for Services, the terms and conditions of such signed written agreement will always govern and take precedence.

Section A. Terms Applicable to All Users of the Site

1. Availability. Insorce uses reasonable efforts to ensure that the Site is generally available. However, there will be occasions when access to the Site will be interrupted or unavailable. Insorce will use reasonable commercial efforts to minimize such disruption where it is within the reasonable control of Insorce. You agree that Insorce shall not be liable to you for any modification, suspension or discontinuance of the Site. You are responsible for obtaining access to the Site and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Site.

2. Trademarks. All brand, product and service names used on the Site which identify Insorce, the Site and any Services are proprietary marks of Insorce. All brand, product and service names used in the Services which identify third parties and their products and services are proprietary marks of such third parties. Maven is a trademark of the Insorce Operational Optimizers Pvt. Ltd. All other marks are the property of their respective owners.

3. Ownership and Copyright. You acknowledge and agree that the Site and the information contained in it are owned by Insorce and/or its third party content providers ("Content Providers"), and are protected by copyright and other intellectual property laws. You further acknowledge and agree that the Site contains confidential and proprietary data and information of Insorce and its Content Providers, that you will not use this data or information for any unlawful or unauthorized purpose, and that you will use reasonable efforts to keep such data and information confidential. Each Content Provider is a third party beneficiary under this Agreement to the extent required to enable it to enforce its proprietary rights in the data and the applicable use restrictions in this Agreement. Insorce has the absolute right to terminate your access or exclude you from the Site if you use the Site or Services to violate the intellectual property rights or other rights of third parties. You agree to indemnify and hold Insorce harmless for any violation of this provision.

4. External Links. From time to time Insorce may provide links that will take you to third party web sites. These links are provided for your convenience only. If you decide to access linked web sites you do so at your own risk. Insorce does not endorse or take responsibility for the content on other web sites or the availability of other web sites and you agree that Insorce is not liable for any loss or damage that you may suffer by using other web sites.

5. Amendment of Terms. We reserve the right to amend any Terms agreed to by you from time to time without notice. Your continued use of the Site constitutes acceptance of any amendments, additions, or modifications to this Agreement.

6. Privacy Policy. Registration data and certain other information about you is subject to our Privacy Policy (see here for more information). You understand that through your use of the Site, you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing, and use by Insorce and its affiliates.

7. Contact. Insorce is located in Bangalore, India. Any questions, comments or suggestions, including any report of violation of this Agreement should be provided to the Administrator as follows:

Terms Applicable to Registered Users

1. Registration.  In consideration of your access to the Site and/or use of the Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of India or other applicable jurisdictions. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Services registration form (such information being the "User Data") and (b) maintain and promptly update the User Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Insorce has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Insorce has the right to suspend or terminate your access to the Site and refuse any and all current or future use of the Services (or any portion thereof).  To register as a User you must be 18 years or older.

2. Amendment of Terms. You agree that Insorce retains the right to amend these Terms and the Site, including service offerings and prices at any time, for any reason, and without notice, and the right to terminate the Site or any part of the Site.  You agree to review the posting of this Agreement at www.insorce.com periodically to be aware of such changes. Your continued use of the Site constitutes acceptance of any amendments, additions, or modifications to this Agreement. Any amendments or modifications made by Insorce shall be prospective only.  You will be bound by all such modifications, whether or not you have notice thereof. If you continue to use the Services once you have been notified of the changes to these Terms, you will be deemed to have accepted those changes.

3. Site License.  Subject to these Terms, Insorce grants you a personal, limited, revocable, non-exclusive and non-transferable license to use the Site, including but not limited to the right to use, but not to reproduce or distribute, any materials made available to all other Users of the Site ("Materials"). This license is exclusive to you and you may not sublicense the use of the Site or Materials or provide, disclose, distribute, transfer, or otherwise make available the Site or the Materials to any individuals or entities that Insorce has not specifically authorized to receive access to the Site. You may not remove or modify any notice of confidentiality, trade secret, trademark or copyright encoded or embodied in the Site or the Materials or displayed by, on, or in the Site. You may use the Site only while these Terms remain in effect. Under no circumstances shall you have any rights of any kind in or to the Site after any termination or expiration of this Agreement for any reason.

4. User Conduct. The Service may include information, views, opinions and recommendations of individuals and organizations of interest to Users and we assume no responsibility for the accuracy, currency, completeness or usefulness of information in any Material and we do not endorse any opinions or recommendations posted by registered Users. You should exercise discretion and scepticism before relying on information in messages or submissions, since it may be incorrect or misleading. If you rely on information posted by other Users you do so solely at your own risk. We do not review, screen or edit "comments" posted by users. Nonetheless, we reserve the right to monitor, not to post or remove any information transmitted or received through the Site or the Service, or to terminate your access and use of the Service, at any time, without notice, in our sole discretion. It is Users' responsibility to bring violations of the Terms of Service to our attention, although we do not guarantee any action based on such information.  You agree that you will not use the Site:

5. User Content. By posting or providing any User Content, you represent that you have all required rights and permissions to do so. Insorce does not claim ownership rights in any User Content. You grant to Insorce a non-exclusive, royalty-free, perpetual, irrevocable, license to use, copy, distribute, and display any User Content provided by you. Insorce reserves the right to remove, delete, move or edit User Content that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of the law, including but not limited to copyright or trademark law, or otherwise unacceptable. This license includes the right for Insorce to post the User Content in any web log and to copy, archive, distribute, transmit, display, edit, translate and reformat any User Content, and/or to incorporate it into a collective work, database or archive. You are entirely responsible for all User Content and Insorce will not be liable for any such User Content. You agree to indemnify and hold Insorce harmless for any violation of this provision.

6. Third Party Software and Linking. Although we may make software, hyperlinks, and other products of third-party companies available to you, your use of such products is subject to the respective terms and conditions imposed by the third party owning, manufacturing or distributing such products, and the agreement for your use will be between you and such third party. Insorce makes no warranty with regard to the products or website of any other entity. Insorce has no control over the content or availability of any third-party software or website. In particular, (a) Insorce makes no warranty that any third-party software you download or website you visit will be free of any contaminating or destructive code, such as viruses, worms or Trojan horses and (b) Insorce notifies you that it is your responsibility to become familiar with any website's privacy and other policies and terms of service, and to contact that site's webmaster or site administrator with any concerns.

7. Monitoring of Content. You understand that Insorce can access and disclose information or otherwise provide access to third parties for the following reasons:

8. Suspension and Termination of Access and Membership. Insorce reserves the right to suspend or terminate your access to and/or use of the Site and remove and discard any User Content at any time, without notice, for any reason, including but not limited to the following: Breach of these Terms, including policies or guidelines set forth by Insorce elsewhere; Conduct that Insorce believes is harmful to other users of Insorce or the business of Insorce or other third party information providers.

Further, you agree that Insorce shall not be liable to you or any third party for any termination of your access to the Site. Insorce reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Insorce shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or the Services.

9. Disclaimer Warranty. THE CONTENT AND/OR MATERIALS AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. INCLUDING,BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN PARTICULAR, Insorce MAKES NO WARRANTY THAT ITS SITE, INCLUDING THE SERVICES, WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, THAT THIS SITE OR OUR SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT THE SITE, INCLUDING THE SERVICES WILL BE AVAILABLE, OR THAT DATA ENTERED ARE SECURE FROM UNAUTHORIZED ACCESS. Insorce MAKES NO WARRANTY REGARDING ANY SOFTWARE, GOODS, SERVICES, PROMOTIONS, OR THE DELIVERY OF ANY SOFTWARE, GOODS OR SERVICES, PURCHASED, ACCESSED OR OBTAINED THROUGH THE SITE OR ADVERTISED THROUGH THE Insorce SITE. NO ADVICE OR INFORMATION GIVEN BY Insorce, ITS EMPLOYEES OR AFFILIATES SHALL CREATE A WARRANTY.

Terms Applicable to All Users of the Site

1. Limitation of Liability. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE, INCLUDING ANY SOFTWARE OR OTHER MATERIALS ON THE SITE, AND ANY RELIANCE UPON IT, IS AT YOUR SOLE RISK. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL Insorce OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS,OR ANY THIRD PARTY PROVIDER OF DATA OR INFORMATION, BE LIABLE FOR ANY CONSEQUENTIAL,INDIRECT, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, LOSS OF BUSINESS REVENUE, LOST PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE SERVICES OR THE SITE, OR YOUR RELIANCE ON ANY ADVICE, INFORMATION, OR CONTENT ON THE SITE OR PROVIDED AS PART OF THE SERVICES, EVEN IF Insorce OR ANY RELATED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT Insorce SHALL HAVE NO LIABILITY FOR ANY USER CONTENT. YOU SPECIFICALLY ACKNOWLEDGE THAT DOWN-TIME, LOSS OF CONTENT, AND COMPUTER VIRUSES ARE RISKS INHERENT IN THE USE OF THE INTERNET AND SOFTWARE PRODUCTS, AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY HARM OR DAMAGES OF ANY KIND OR CHARACTER WHATSOEVER RESULTING FROM THESE POSSIBLE HARMS. YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT YOU MAY BE DISCLOSING SENSITIVE, PRIVATE AND CONFIDENTIAL CONTENT ABOUT YOURSELF IN YOUR USE OF THE SITE AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY HARM OR DAMAGES OF ANY KIND OR CHARACTER WHATSOEVER RESULTING FROM YOUR RELEASE OF SUCH CONTENT.

IF YOU ARE DISSATISFIED WITH THE SITE, OR WITH ANY OF THESE TERMS, OR FEEL Insorce HAS BREACHED THESE TERMS YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE SERVICES. THE TOTAL LIABILITY OF Insorce TO YOU FOR ANY CLAIM ARISING FROM OR RELATING TO THESE TERMS OR USE OF THE SITE SHALL NOT EXCEED THE GREATER OF EITHER THE AMOUNT PAID BY YOU FOR THE SERVICES IN QUESTION OR ONE HUNDRED DOLLARS (US$100) TOTAL. IT IS THE INTENTION OF BOTH OF US THAT THIS PROVISION BE CONSTRUED BY A COURT AS BEING THE BROADEST LIMITATION OF LIABILITY CONSISTENT WITH APPLICABLE LAW.

1. Disclaimers. YOU ACKNOWLEDGE THAT, AS PART OF THE SERVICES, YOU MAY BE PROVIDED OPINIONS, STATEMENTS, RECOMMENDATIONS, AND INFORMATION FROM THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. Insorce DOES NOT ENDORSE OR MAKE ANY REPRESENTATIONS AS TO THE ACCURACY, TIMELINESS, COMPLETENESS OR CREDIBILITY OF ANY SUCH OPINION, STATEMENT, RECOMMENDATION OR OTHER CONTENT CONTAINED IN, UPLOADED TO, OR DISTRIBUTED THROUGH THE SERVICES. YOU ACKNOWLEDGE THAT YOU WILL RELY ON ANY SUCH OPINIONS, STATEMENTS, RECOMMENDATIONS, INFORMATION, AND CONTENT SOLELY AT YOUR OWN RISK. THE SITE AND SERVICES ARE PROVIDED TO YOU AS IS WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Insorce AND ITS SUPPLIERS, DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE AND THE SERVICES, AND ALL INFORMATION DERIVED FROM THE SITE AND THE SERVICES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, ALTHOUGH Insorce INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE SERVICES, Insorce DOES NOT WARRANT THAT THE SITE, THE SERVICES OR CONTENT CONTAINED IN THEM WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ANY INFORMATION OR OTHER MATERIAL ACCESSIBLE THROUGH THE SERVICES IS FREE OF ERRORS, VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. ANY IMPLIED WARRANTIES WILL END NINETY (90) DAYS AFTER YOU FIRST USE THE SITE.

2. Indemnification. Indemnification. You agree to indemnify and hold Insorce, and its subsidiaries, affiliates, officers, agents, co-branders, other partners, employees and other Users, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of User Content, your use of the Services, your connection to the Services, your violation of these Terms, or your violation of any rights of another.

3. General.

  1. Applicable Law and Jurisdiction. The parties agree that this Agreement and any claims hereunder shall be governed by and subject to the laws of Bangalore, India, without giving effect to any principles of conflicts of law. In the event that a dispute is required to be litigated, you agree that the proper forum for any and all claims under this Agreement will be the state located in Bangalore, India, and you agree to submit to the jurisdiction of these courts. The prevailing party in any action will be entitled to recover reasonable expenses, including attorneys' fees. Your use of the Site and Service is subject to all applicable local, state, national and international laws and regulations.
  2. No Resale of Services. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Services, use of the Services, or access to the Services.
  3. Independent Contractors. No joint venture, partnership, employment, or agency relationship exists between you and Insorce as a result of this Agreement or use of the Services.
  4. Force Majeure. Insorce will be not liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labour conditions, earthquakes, material shortages or any other cause which is beyond Insorce's reasonable control.
  5. Waiver. The failure of Insorce to enforce any right or provision in this Agreement will not constitute a waiver of such right or provision unless acknowledged and agreed to by Insorce in writing.
  6. Construction. The headings of Sections of this Agreement are for convenience and are not to be used in interpretation.
  7. Entire Agreement. This Agreement constitutes the entire agreement between you and Insorce and governs your use of the Site, superseding any prior agreements between you and Insorce. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.