iScore5 Terms and Conditions (“Terms”)
Please read these Terms and Conditions (“Terms,” “Terms and Conditions”) carefully before using the iScore5™ website at https://www.iscore5.com (the “Service”) owned and operated by ISCORE5APP, LLC (“us”, “we”, or “our”).
Effective Date: January 5, 2015
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
Subject to the license below, all these intellectual property rights are reserved.
The Service and its content, features, functionality, and other information are and will remain the exclusive property of ISCORE5APP, LLC and/or its licensors. The Service is protected by copyright, trademark, and other laws of the United States; and, with the exception of the limited use license below, may not be used in connection with any product or service without the prior written consent of ISCORE5APP, LLC.
Limited Use License
Permission is granted to temporarily download a copy of information on the iScore5 website (“Information”) for personal, non-commercial viewing only. Under this limited use license (“License”) you may not: copy nor modify any of the Information; sell, rent or sub-license any of the Information; use the Information for any commercial purpose; remove any trademark, copyright or other proprietary notifications regarding the Information; transfer the Information, or any part of the information to another person or for use on any other server except for content specifically and expressly made available for transfer.
If you violate any of these license use restrictions your license is immediately terminated; and ISCORE5APP, LLC may terminate your license at any time. Upon termination of this license, you must destroy any downloaded information in your possession whether in electronic or printed format.
Links to Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by ISCORE5APP, LLC.
ISCORE5APP, LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that ISCORE5APP, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. It is your responsibility to check the Site from time to time to view any changes to these Terms. If you do not agree to the revised terms, you are no longer authorized to use the Service.
We may terminate or suspend your access to the Service or any part of the Service immediately, without prior notice or liability, under our sole discretion, for any reason and without limitation, including but not limited to a breach of the Terms and/or a reasonable ground to suspect you breached these Terms. You may terminate your account and/or stop using our sites and services at any time.
These Terms and the rights granted and obligations undertaken, may not be transferred, assigned, or delegated by you. Any purported attempt will be ineffective. We retain the right to transfer, assign or delegate these Terms.
Consent to Communications in Electronic Format
You consent to receive communications from ISCORE5APP, LLC in an electronic format via email information uploaded to the iScore5™ website. You agree that all Terms, notices, disclosures, and other communications via electronic format meet the legal requirement that such communications are provided in writing.
You agree to defend, indemnify and hold harmless ISCORE5APP, LLC and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of your use and access of the Service and/or a breach of these Terms.
Limitation of Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH THE COMPANY OR ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.
THE SERVICE, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.
ISCORE5APP, LLC ITS SUBSIDIARIES, AFFILIATES, AND LICENSORS MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME, ANY ERRORS OR DEFECTS WILL BE CORRECTED, SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY; SO THE LIMITATIONS HEREIN MAY NOT APPLY TO YOU.
These Terms and any claim relating to the ISCORE5APP, LLC website shall be governed and construed in accordance with the laws of Arkansas without regard to its conflict of law provisions. And you consent to exclusive jurisdiction and venue in such courts.
Our failure to enforce any provision of our Terms will not be considered a waiver of such provision nor of the right to enforce such provision. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. The rights of ISCORE5, LLC under our Terms shall survive the termination of our Terms.
These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
If you have any questions about these Terms, please contact us.