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IntelliEvent Customer Community Terms of Use

TERMS OF USE

Welcome to the IntelliEvent Customer Community. By accessing or using any part of the site, You agree that You are subject to and will comply with these Terms of Use, and that We may update them from time to time. 

1. DEFINITIONS

“IntelliEvent Customer Community” means the web pages accessible via www.IntelliEvent.com and lightning.net sites that are identified as customer resources, including but not limited to the Support Portal, documentation, training videos, clickable training walkthroughs, Blogs, user groups, Open Discussions, Wise Up Webinars, frequently asked questions (FAQs), Release Notes, and official IntelliEvent social media pages. The names of IntelliEvent Customer Community pages may be updated from time to time. 

“We”, “Our”, or “Us” means IntelliEvent.

“You” or “Your” means you as an individual, and any company or organization for whom you are using the IntelliEvent Customer Community and services. 

2. YOUR PROFILE AND ACCOUNT

You agree that all information You submit to the IntelliEvent Customer Community pages, including to profile pages, is accurate and that You will keep it current. If We have grounds to suspect that Your information is untrue, inaccurate, or incomplete, We have the right to suspend or terminate Your use of the IntelliEvent Customer Community. It is Your responsibility to maintain the confidentiality of any password associated with Your use of the IntelliEvent Customer Community, and You are responsible for any activities in Your IntelliEvent Customer Community accounts. You agree that We may send You information and notices regarding the IntelliEvent Customer Community and Your IntelliEvent Customer Community accounts by email, text message, phone call or other means based on the information You provide to Us. 

3. YOUR RESPONSIBILITIES

You are responsible for all of Your activities in the IntelliEvent Customer Community. You shall treat all IntelliEvent Customer Community users with courtesy and respect. 

You shall not: 

  • Impersonate any other person;
  • Falsely say or imply that You are associated with another person, entity, or organization;
  • Submit content in exchange for payment or other consideration from another person, entity, or organization;
  • Collect information about other IntelliEvent Customer Community users without their consent;
  • Submit or link any content, including any name or user ID You use, in the IntelliEvent Customer Community that:
    • Infringes or violates the intellectual property or other rights of any person or entity;
    • Intentionally interferes with the operation of the IntelliEvent Customer Community;
    • Violates anyone’s privacy or publicity rights;
    • Is, in Our sole discretion, vulgar, offensive, inappropriate, harassing, defamatory, abusive, lewd, pornographic, obscene or otherwise objectionable;
    • Contains false or deceptive language, unsubstantiated or comparative claims regarding Our or others’ products, advertising, commercial referrals, spam, chain letters, or any other solicitation, including solicitation of lawsuits;
    • Breaches any duty of confidentiality that You owe to anyone;
    • Provides any non-public information about Us or any other company or person without written authorization, including the names and contact information for Our employees or IntelliEvent Customer Community users;
    • Contains or installs any viruses, worms, bugs, Trojan horses, malware or other code, files or programs designed or having the capability to disrupt, damage, or limit the functionality of any software or hardware.

Please remember that You may be providing content for an international audience. Things that may not seem abusive, obscene, or offensive to You might seem so to others. 

We reserve the right, in Our sole discretion, without cause at any time, and without notice to You, to remove or refuse to post any content submitted by You to the IntelliEvent Customer Community. 

4. IDEAS

4.1 POSTING OF FEATURE REQUESTS

You are encouraged to submit feature requests to Us by making a written request to Our team via email or letter. We reserve the right, in Our sole discretion and without cause at any time, to refuse to post, or to suspend or remove, any feature requests made within the IntelliEvent Customer Community. 

To the extent Your employer or another organization with which You are affiliated owns or has rights in the feature request You are submitted, You represent that You are authorized by that employer or organization to submit Your feature request. 

In consideration for Our permitting You to make or post Your feature request within the IntelliEvent Customer Community or via written request to Our team, regardless of whether the feature request is acknowledged or adopted, You agree to the following: 

  • You represent and warrant that You own or otherwise possess all intellectual property and other rights necessary to allow You to make Your feature request on, and distribute through, the IntelliEvent Customer Community, and to permit others to install and use Your feature request;
  • You acknowledge that, to the best of Your knowledge and belief, Your submissions of feature requests within the IntelliEvent Customer Community or via written request to Our team do not make You a contributing inventor to any inventions that may arise during development by Us of any products, services, or applications implementing Your feature requests. Your preceding acknowledgement notwithstanding, in the event that You are determined to be a contributing inventory to an invention based upon Your posts within the IntelliEvent Customer Community or via written request, by Us in Our discretion or by any court or government agency competent to make such a determination, You promise to: 
    • Cooperate with Us in the procuring patents to protect the invention;
    • Execute all necessary paperwork required to procure patents to the invention on Our behalf;
    • And, at Our request, execute any assignments assigning ownership of any patents or patent application to the invention to Us. 
  • You acknowledge that We may, in Our sole discretion, elect to develop and market products, services, or application that incorporate feature requests that You submit within the IntelliEvent Customer Community or via written request, and You agree not to make any claims against Us or anyone using a product or service marketed by Us related to the development and offering of such products, services, or applications whether Your future requests are acknowledged, adopted, not adopted, or adopted but modified in any product, service, or application;
  • You waive any intellectual property or other claims You may have now or in the future against Us or anyone using a product or service marketed by Us relating to the operation of the IntelliEvent Customer Community or via written request, the hosting by Us of other parties’ feature requests, and the hosting by Us of user reviews;
  • To the extent You possess now or in the future any copyright, patent, or other intellectual property rights that may be infringed by the operation of the IntelliEvent Customer Community (excluding the content of individual feature requests), You hereby grant Us a nonexclusive, worldwide, irrevocable, perpetual, transferable (only to a successor of Ours by way of merger, acquisition or corporation reorganization), fully paid-up, royalty free, sub-licensable license to all such rights with respect to the operation of the IntelliEvent Customer Community as it may be modified from time to time;
  • You acknowledge that anything posted or discussed within the IntelliEvent Customer Community by any person, regardless of that person’s affiliation or non-affiliation with Us, reflects only the opinions of the person making the post or comment. In particular, You acknowledge that nothing posted or discussed within the IntelliEvent Customer Community gives rise in any way to promise an undertaking by Us to adopt, or refrain from adopting, any feature request or course of action regarding any feature request and that any reliance upon such postings or discussions is solely at Your own risk; 
  • You acknowledge that any unreleased services or features discussed within the IntelliEvent Customer Community or on other IntelliEvent websites are not currently available and may not be delivered on time or at all. If You purchase Our services, You should make the purchase decisions based on features that are currently available; 
  • You acknowledge that We reserve the right to change Our product and service plans at any time without notice, in Our sole discretion. 

4.2 FEATURE REQUEST STATUS

If You make a feature request within the IntelliEvent Customer Community or via written request, We may, in Our sole discretion, comment on the feature request by appending a status to the request. The status allows Us to communicate with the IntelliEvent Customer Community regarding implementation of feature requests. 

Posting a status or making a written request for a feature request does not cause Us to undertake any obligation, including, but not limited to, the development, implementation, release, use or non-use of a feature request. 

5. TRADEMARKS

IntelliEvent, the “IntelliEvent” logos, and other marks of IntelliEvent used within the IntelliEvent Customer Community are owned by Us and may not be used in any manner without Our express prior written consent pursuant to Our Trademark and Copyright Usage Guidelines. 

6. NO WARRANTY

The IntelliEvent Customer Community is provided “as-is”, exclusive to any express or implied warranties whatsoever. We disclaim all implied warranties, including without limitation any implied warranties of merchantability and fitness for a particular purpose. 

Content posted by anyone other than Us within the IntelliEvent Customer Community is the sole responsibility of the originator of that content. We are not responsible for any content posted by You or any third party, whether or not We reviewed or moderated such content. Content posted by Us within the IntelliEvent Customer Community pages are not part of any user guide or legal agreement. All such aforementioned content is provided “as-is”, and We do not make any representations as to its quality or accuracy, and We specifically disclaim the accuracy, completeness, reliability, usefulness, non-infringement, quality, or originality of such content. We disclaim any responsibility whatsoever for any content or material within the IntelliEvent Customer Community regardless of who originated that content (including Our employees, partners, affiliates, or moderators). 

7. NO DAMAGES

You agree that You bear all risks associated with using or relying upon content within the IntelliEvent Customer Community, including feature requests. In no event shall We have any liability hereunder to You for any losses or damages whatsoever, including but not limited to direct, indirect, special, incidental, punitive, or consequential damages, or damages based on lost profits, data or use, however caused and, whether in contract, tort, or under any other theory of liability, whether or not You have been advised of the possibility of such damages. 

8. INDEMNITY

You agree to indemnify and hold Us and Our subsidiaries, affiliates, officers, agents, and employees harmless from any claims, demands, liabilities, losses, damages, costs and expenses (including, without limitation, reasonable attorneys’ fees) arising from:

  • Your breach of these Terms of Use, or;
  • Any claim made by any third party arising out of content You submit to or post within the IntelliEvent Customer Community, including, but not limited to, Your violation of these Terms of Use, Your violation of any rights of a third party, or feature requests posted or made via written request. 

9. PROPRIETARY RIGHTS AND PRIVACY

You grant to Us a perpetual, worldwide, fully paid up right and license to use, copy, modify, publish, republish, distribute and create derivative works based on, in any form, any content or material You contribute within the IntelliEvent Customer Community. Subject to the limited rights expressly granted hereunder, We reserve all rights, title, and interest in and to all intellectual property rights subsisting in the IntelliEvent Customer Community, including but not limited to its user interface, branding, and underlying technology. No rights are granted to You hereunder other than expressly set forth herein. 

Subject to the above, We will treat information You submit within the IntelliEvent Customer Community in accordance with Our Privacy Statement.

10. REMOVAL OF MATERIAL UNDER U.S. DIGITAL MILLENNIUM COPYRIGHT ACT

If We receive a notice alleging that material or content You posted within the IntelliEvent Customer Community infringes upon another party’s copyright, We may remove that material in accordance with Title II of the Digital Millennium Copyright Act of 1998 (Section 512 of the U.S. Copyright Act). 

11. ENFORCEMENT

We generally do not pre-screen, verify, edit, monitor, or moderate the content posted by users within the IntelliEvent Customer Community, but may do so from time to time at Our sole discretion, including within private groups. We and Our agents reserve the right to investigate any violation of these Terms of Use and to take appropriate remedial action. 

Any violation of these Terms of Use may result in the suspension or termination of Your ability to use or participate in the IntelliEvent Customer Community and its associated pages. We reserve the right to enforce these Terms of Use in Our sole discretion, including, but not limited to, warning users of violations, disabling or suspending privileges and/or access, deleting, screening, or editing of any content, or prohibiting any behavior that does not comply with these Terms of Use, or which We otherwise deem inappropriate, harmful, objectionable, or inaccurate. 

Deliberate attempts by You or someone on Your behalf to evade or circumvent the suspension or termination of Your rights to use or participate within the IntelliEvent Customer Community violates these Terms of Use, constitutes an unlawful trespass to Our equipment and systems, and may result in legal action.

We may release information concerning Your use of the IntelliEvent Customer Community, including, but not limited to, posted content, registration information, and network records:

  • When We believe release is appropriate to comply with the law (e.g., pursuant to a subpoena, warrant or court order);
  • To enforce or apply these Terms of Use;
  • To protect Our rights or property;
  • To protect against fraudulent, abusive, or unlawful use or participation within the IntelliEvent Customer Community; 
  • Or, if We reasonably believe that a situation involving imminent danger of death or serious bodily injury to any person requires disclosure. 

To report violations of these Terms of Use, please email [email protected] with appropriate details, including Your contact information. 

12. SEVERABILITY

If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, the provision will be deemed null and void, and remaining provisions of these Terms of Use will remain in full effect. 

13. MISCELLANEOUS

These Terms of Use do not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between You and Us. You may not assign Your rights or obligations under these Terms of Use, whether by operation of law or otherwise, without Our prior written consent. 

These Terms of Use shall be governed exclusively by the internal laws of the State of California within the United States of America, without regard to its conflicts of laws or rules. Each party hereby consents to the exclusive jurisdiction of the state and federal courts located in San Francisco County, California, USA to adjudicate any dispute arising out of or relating to these Terms of Use and Agreement. Except as expressly stated in these Terms of Use, these Terms of Use constitute the entire agreement between the parties and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning their subject matter. No modification, amendment, or waiver of any provision of these Terms of Use shall be effective unless it is by an update to these Terms of Use that we make available on this website, or is in writing and signed by the party against whom the modification, amendment, or waiver is to be asserted.

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