Updated: March 2023
- THE SITE.
- Modifications. Intersect reserves the right to make any changes to the Site or to discontinue the Site in its own discretion, except to the extent that it is contractual bound by a separate agreement otherwise.
- US-Based Website. The Site is operated and controlled by us in the United States, and the content provided in or accessible through the Site is directed at residents of the United States. Despite the global nature of the Internet, Intersect makes no claims that the content or the Site are appropriate or may be viewed or used outside the United States. Access to the Site from countries or territories where such access is illegal is prohibited. Intersect makes no representations that the transactions, products, or services discussed on or accessible through the Site are available or appropriate for sale or use in all jurisdictions or by all users. Those who access the Site from outside the United States do so on their own initiative, at their own risk, and are responsible for compliance with local laws, rules, and regulations.
- Service Interruptions. The Services may be subject to limitations, interruptions, delays, and other problems inherent in the use of the Internet and electronic communications. Intersect will use reasonable efforts to make the Services available 24 hours a day, 7 days a week, except for planned downtime or any unavailability caused by circumstances beyond our reasonable control. Intersect shall not be responsible for any such limitations, interruptions, delivery failures, or other damages resulting from such problems, including, without limitation, problems in the transmission of data between the services and any third parties or affiliates.
- PROPRIETARY RIGHTS; LICENSE GRANTS.
- Software. Any software that is made available to access or download by or through this Site (“Software”) is the copyrighted work of Intersect, its suppliers and/or its licensors. Your rights to access, download, and use any Software made available for download or access from the Site will be subject to your agreement to the terms and conditions of the software license agreement or other service agreement identified on the Site and/or in the Software (each, a “License Agreement”). You may not install or use any Software that is accompanied by or includes a License Agreement unless you have agreed to the applicable License Agreement. Except to the extent expressly permitted in any applicable License Agreement, or expressly authorized under applicable law overriding any of the following restrictions, you agree that you will not sell, lease, lend, convey, transmit, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or attempt to derive source code from the Software or the Site. Any reproduction, redistribution or other use or exploitation of the Software not in accordance with the License Agreement and/or these Terms is expressly prohibited by law, and may result in civil and criminal penalties.
- Content. Unless otherwise specifically noted, the information, content, data, text, graphics, images, videos, documents and other materials made available through the Site (“Content”) are and shall remain the property of Intersect, its licensors and/or suppliers, and are protected by copyright, trademark, patent, and/or other proprietary rights and laws. Subject to your compliance with these Terms, solely for so long as you are permitted by Intersect to access and use the Site, and provided that you keep intact all copyright and other proprietary notices, you may (a) view any Content on any single computer solely for personal, informational, non-commercial purposes, and (b) download and print one (1) copy of materials that Intersect specifically makes available for downloading (such as white papers or user documentation) from this Site solely for personal, informational, non-commercial purposes, provided that such Content may not be modified or altered in any way. Unless otherwise specifically permitted for any particular Content, you may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit, rent, lease, modify, loan, sell, distribute, or create derivative works based on, the Site or any Content, in whole or in part, without the express prior written authorization of Intersect.
- Proprietary Rights. Elements of the Site are protected by copyright, trade dress, trademark, unfair competition, and/or other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound, or image from the Site may be copied or retransmitted unless expressly permitted in writing by Intersect. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Intersect’s or its suppliers’ trade names, trademarks or service marks without Intersect’s express prior written consent. “Intersect Technologies” and other Intersect logos, trademarks, service marks, and product and service names are the intellectual property of Intersect.
- INFORMATION SUBMITTED THROUGH THE SITE. Unless otherwise specifically agreed to by you and Intersect, by uploading, emailing, posting, publishing, or otherwise transmitting information, sample data, tags, comments, suggestions, feedback, content or other materials to the Site or to Intersect (each a “Submission”), you hereby acknowledge that each such Submission is non-confidential and grant to Intersect a perpetual, irrevocable, worldwide, non-exclusive, sublicensable, fully paid-up and royalty-free license to use, make, have made, offer for sale, sell, copy, distribute, perform, display, modify, adapt, publish, or otherwise transmit such Submission in any form, medium or technology. In addition, you warrant that all so-called moral rights in the Submission have been waived and you represent and warrant that you have all rights necessary for this license grant.
- DESTRUCTIVE CODE DISCLAIMER. YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE SITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR SITE FOR ANY RECONSTRUCTION OF ANY LOST DATA. YOUR USE OF THE SITE, THE SERVICES, AND THE MATERIALS ARE AT YOUR OWN RISK.
- THIRD-PARTY DISCLAIMER. YOU ACKNOWLEDGE AND AGREE THAT WE MAY USE THIRD-PARTY VENDORS AND HOSTING PARTNERS TO PROVIDE HARDWARE, SOFTWARE, NETWORKING, STORAGE, AND RELATED TECHNOLOGY TO RUN THE SERVICES. WE MAY PROVIDE THE ABILITY TO INTEGRATE THE SERVICES WITH CERTAIN THIRD-PARTY APPLICATIONS THAT MAY BE UTILIZED AT YOUR OWN OPTION AND RISK. YOU UNDERSTAND AND AGREE THAT INTERSECT HAS NO LIABILITY ARISING FROM THE USE OF SUCH THIRD-PARTY VENDORS, PARTNERS, OR INTEGRATIONS WITH THIRD-PARTY APPLICATIONS.
- BETA DISCLAIMER. FROM TIME TO TIME, INTERSECT MAY OFFER NEW “BETA” FEATURES OR TOOLS WITH WHICH ITS USERS MAY EXPERIMENT ON THE SITE OR SERVICES. SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT INTERSECT’S SOLE DISCRETION. THE OTHER PROVISIONS OF THIS DISCLAIMER OF WARRANTY SECTION APPLY WITH FULL FORCE TO SUCH FEATURES OR TOOLS.
- SECURITY DISCLAIMER. INTERSECT HAS IMPLEMENTED TECHNICAL AND ORGANIZATIONAL MEASURES CONSISTENT WITH THE PREVAILING INDUSTRY STANDARDS. HOWEVER, INTERSECT CANNOT GUARANTEE THAT UNAUTHORIZED THIRD-PARTIES WILL NEVER BE ABLE TO DEFEAT THOSE MEASURES AND EXPRESSLY DENIES ANY RESPONSIBILITY FOR DAMAGES, MONETARY OR OTHERWISE, RESULTING FROM UNAUTHORIZED THIRD-PARTY ACCESS OF OUR SITE OR USE, ALTERATION, OR DISCLOSURE OF USER OR COMPANY DATA.
- PROVIDED AS-IS. THIS SITE AND ALL MATERIALS, PRODUCTS AND SERVICES PROVIDED TO YOU BY INTERSECT, THROUGH THE SITE OR AS PART OF THE SERVICES, INCLUDING ANY CHANGES, IMPROVEMENTS, AMENDMENTS OR OTHER MODIFICATIONS THERETO, ARE PROVIDED ON AN “AS IS, WHERE IS” BASIS AND INTERSECT HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, OR OTHERWISE WITH RESPECT TO SUCH ITEMS OR THE USE THEREOF, INCLUDING ANY WARRANTIES RELATED TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
- FURTHER WARRANTY LIMITATIONS. INTERSECT DOES NOT WARRANT THE COMPLETENESS, ACCURACY, OR USEFULNESS OF ANY INFORMATION PROVIDED TO YOU VIA THE SITE OR THE SERVICES. SUCH INFORMATION IS SUBJECT TO CHANGE WITHOUT PRIOR NOTICE. THE EVALUATION OF THE ACCURACY, COMPLETENESS OR USEFULNESS OF SUCH ITEMS, THE INFORMATION CONTAINED THEREIN, AND ANY OPINION, ADVICE OR OTHER CONTENT RELATED THERETO THAT IS PROVIDED TO YOU BY INTERSECT OR ITS AFFILIATES, WHETHER THROUGH THE SITE OR AS PART OF THE SERVICES, IS YOUR RESPONSIBILITY.
- The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.
- LIABILITY WAIVERS.
- LIMITATION OF LIABILITY.YOU AGREE THAT INTERSECT AND ITS AFFILIATES, OFFICERS, EMPLOYEES, BOARD MEMBERS, AND AGENTS ARE NOT, AND WILL NOT BE, LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OR THE INABILITY TO USE THE SITE AND/OR THE SERVICES OR WITH THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED THROUGH THE SITE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAILS, ERRORS, DEFECTS, VIRUSES, WORMS, TROJAN HORSES, TRAP DOORS, BACK DOORS, EASTER EGGS, TIME BOMBS, CANCELBOTS OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO INTERSECT’S RECORDS, PROGRAMS OR SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF INTERSECT AND/OR ITS SUPPLIERS, PROVIDERS, AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
- DAMAGES LIMITED. UNDER NO CIRCUMSTANCES WILL INTERSECT’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS TERMS OR THE USE OF THE SERVICES OR SITE, EXCEED THE PRICE PAID BY YOU TO INTERSECT IN THE PROCEEDING CALENDAR YEAR, OR IF YOU HAVE NOT PAID INTERSECT FOR THE USE OF ANY SERVICES, THE AMOUNT OF US$25.00 OR ITS EQUIVALENT.
- CONSENT TO TELEPHONE CALLS, EMAILS, AND SMS (TEXT) MESSAGES.
By accessing our site and utilizing any Service offered by Intersect, you expressly consent to be contacted by us, our agents, representatives, affiliates, referral partners, or anyone calling on our behalf or related to our Services for any and all purposes, at any telephone number (including mobile numbers) or physical or electronic address you provide or at which you may be reached. You agree that we may contact you in any way, including by SMS messages (including text messages), calls using prerecorded messages or artificial voice, and calls and messages delivered using an automatic telephone dialing system or an automatic texting system. You agree that even if you are currently on a Do Not Call list that your acceptance of our Terms supersedes an adherence to your previous elections and actions. Automated messages may be played when the telephone is answered whether by you or someone else; and you agree that agents or representatives may leave a message on your answering machine, voice mail, or may send a message by text. Your consent indicates your representation that any telephone numbers you provide to us are your telephone number(s), not those of a third party, other than a business entity of which you represent as agent or employee; and you further understand your consent means that you are permitted to receive calls at any telephone number provided to us. You may be offered the opportunity to enroll in our SMS/text messaging program. If you choose to receive such SMS/text messages, you warrant that any such number provided belongs to you and that you are authorized to receive SMS/text messages at that number. You acknowledge and consent that some SMS/text messages may be sent using an automatic telephone dialing system and that standard message and data rates apply. Your mobile telephone provider will charge you according to the type of plan you carry; you consent and agree that Intersect is not responsible for any charges you incur as a result of receiving such SMS/text messages. You are not required to consent to SMS/text messages from Intersect in order to use its Services.
- Call Recording and Monitoring. Your use of our Services means that you consent to the recording and monitoring, for quality assurance, training, risk management and/or collection purposes, of any call that you place with us (or our agents, representatives, affiliates, third parties or anyone calling on our behalf) or that we (or our agents, representatives, affiliates, third parties or anyone calling on our behalf) place to you.
- MISCELLANEOUS LEGAL PROVISIONS.
- Governing Law and Jurisdiction. All matters relating to the Site and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of North Carolina without giving effect to any choice or conflict of law provision or rule (whether of the State of North Carolina or any other jurisdiction). Any dispute relating to these Terms, or your use of the Site will be resolved solely in the state or federal courts located in Charlotte, North Carolina. You agree to waive trial by jury in any such action.
- Waiver and Severability. No waiver by Intersect of any term or condition set out in these Terms will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Intersect to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. Should any part of these Terms be determined to be illegal, invalid, void or otherwise unenforceable pursuant to Applicable Law including, without limitation, any warranty disclaimers, liability limitations or arbitration provisions set forth above, then such illegal, invalid, void or otherwise unenforceable provision shall be deemed to be superseded by a validly enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms will continue in effect. You irrevocably agree that a printed copy of these Terms (along with evidence of your acceptance hereof, including evidence of your use of the Site or Services while the Terms are in effect), and any notice given hereunder electronically, will be admissible in any judicial, administrative or arbitration proceedings arising our or otherwise relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated, maintained, and executed in printed form. All Intersect’s rights that are not expressly granted herein are hereby reserved.
- Disclosure by Law. You acknowledge and agree that Intersect may disclose information you provide if required to do so by law, at the request of a third-party, or if we, in our sole discretion, believe that disclosure is reasonable to (i) comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law); or (ii) protect or defend Intersect’s, or a third-party’s, rights or property.
- Term and Termination. This agreement will become effective upon your acceptance of the Terms by your use of the Site or Services and will remain in effect in perpetuity unless terminated hereunder. Intersect reserves the right to immediately suspend or terminate your access to any of the Services, without notice, for any reason or no reason. We also reserve the right to remove your information or data from our Services and any other records at any time at our sole discretion. In the event your access to any of the Services is suspended due to the breach of these Terms, you agree that all fees then paid to Intersect by you will be nonrefundable and all outstanding or pending payments will immediately be due.
- Feedback. You may from time to time provide feedback, suggestions, comments, improvements, modification, or other information (including any ideas, concepts, “know-how” or techniques contained therein) to Intersect with respect to the Services (collectively “Feedback”). You acknowledge and agree that any Feedback you provide to us about the Services or their performance, even if designated as confidential by you, shall not create any confidentiality obligation for Intersect and shall not be deemed as Confidential Information under this Agreement. You hereby grant to Intersect a non-exclusive, worldwide, perpetual, irrevocable, transferable, sub-licensable, royalty-free, fully paid-up license to use and exploit Feedback for any purpose. Feedback may be used, disclosed, disseminated and/or published by us for any purpose, including for developing, manufacturing, and marketing products incorporating such Feedback, without further obligation or payment of any kind to you, and you waive any rights whatsoever in or to all Feedback.
- Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service, such as agreements associated with a business financial transaction, FCM, or rules that apply to a particular feature or content on the Service. All additional terms are incorporated by this reference into, and made a part of, these Terms.
- Export. The Services and related technical data are subject to U.S. export control laws, including without limitation the U.S. Export Administration Act and its associated regulations and may be subject to export or import regulations of other countries. You agree that you will not nor permit others to export or re- export the Services in any form in violation of any applicable export or import laws of any jurisdiction.
- Government Use. If the Services are being acquired or have been acquired with U.S. Federal Government funds, or you are an agency, department, or other entity of the United States Government (“Government”), the use, duplication, reproduction, release, modification, disclosure or transfer of the Services, or any related documentation of any kind, including technical data, or manuals, is restricted in accordance with Federal Acquisition Regulation 12.212 for civilian agencies and Defense Federal Acquisition Regulation Supplement 227.7202 for military agencies. The Service is a COMMERCIAL ITEM AS DEFINED BY THE FEDERAL ACQUISITION REGULATION. Use by the U.S. Federal Government is further restricted according to the terms of this Agreement and any amendment hereto.
- Contact Information. You can contact us about these Terms via the contact form on our Site.