Our Terms Of Use Policy

Welcome to Incipient Technologies, Inc. (the "Service" and the "Company"). This document explains the terms and conditions for using our Service (the "Agreement"). By using our Service, you consent to this Agreement and any new version of it posted since your last visit. If the Agreement is not acceptable, then please do not use our Service. This Agreement was last updated on: March 12, 2009.

YOUR ACCOUNT & PASSWORD.

If you register an account, you represent that you are at least 18 years old and that, to the best of your knowledge and belief, your registration information is truthful, accurate and complete. A user name and password will be assigned by us. You are responsible for maintaining the secrecy of your password and for activities occurring under your account. Be sure to notify us if you believe your account is being accessed by others. Each user must register separately. You may not loan your user name and password to others Unless otherwise stated in writing by the Company. You may not use another person's account without their authorization.

USING OUR CONTENT & SERVICE.

Our Proprietary Rights. Our Service may contain an assortment of information, data, software, images, video clips, music, links, logos and other material ("Content") that are the copyright, trademark or other intellectual property of the owners of this Service or third party suppliers. The Content in this Service is copyrighted individually and as a collective work. All rights are reserved. The name "Incipient Technologies, Inc." and other names appearing herein are the trademarks or registered trademarks of the Service or the respective third party owners. You will ensure that all copyright, trademark or other proprietary rights notices appearing on any Content remain intact and legible. All licenses are non-exclusive.

Displaying Our Emblem. Registered members in good standing are granted the nonexclusive, worldwide right and license to publicly display our Emblem on their registered web site. The Emblem may not be altered or merged with other emblems or trademarks. If we issue a new version of the Emblem, you should replace the old one as soon as practicable. If your membership is suspended or terminated, you will promptly remove the Emblem and stop using it.

Linking to Our Site. You may not display our Content within a frame or border, or "deep link" or harvest Content from below our top-most URL. You will remove any such link to our Service that we find objectionable promptly upon request.

Reservation of Rights. All content, communications, software applications, digital products, updates and features of this Service are copyrighted by the Service, its owners, suppliers or other third parties. We reserve all rights not specifically granted to you. This means permission to use the Service and related intellectual property rights will be narrowly interpreted by a court in our favor. Except as specifically authorized in this Agreement, you may not store, copy, reproduce, adapt, reformat, create derivative works of, transmit, disseminate, publicly display or perform any copyrighted material from this Service. You may not reverse engineer our Service or any software obtained from it to discover its underlying design or inner workings (and you will hold in confidence for our benefit alone anything discovered in violation of this provision). If you infringe our intellectual property rights or exceed the scope of permitted use of this Agreement, you agree that we could be irreparably injured and may obtain a court order without necessity of posting bond to enjoin you from further mischief.

APPLICABLE CHARGES & PAYMENT.

Some features of our Service may require the payment of a subscription-based fee or other charge. Customers must (1) provide Incipient with accurate and complete billing information including legal name, address, telephone number and credit card/billing information, and (2) report all changes to this information within 30 days of the change. Customers are responsible for any charges to their account. Customers having questions regarding charges to an account should contacting Incipient Customer Service at (800) 572-2000 or by email at questions@incipient.net.

For subscription-based features, you agree not to allow your account to be used by other persons, including co-workers unless specifically stated. We require timely payment of all published fees and charges. If you fail to pay applicable fees or charges when due, we may suspend or terminate your account and access to services or features. Unless otherwise stated, all charges are payable in U.S. dollars, in advance, by major credit card, except at locations that provide pre-paid accounts. Late payments are subject to costs of collection (including reasonable legal fees) and shall bear interest at a rate equal to the lesser of one (1) percent per month or the highest rate permitted by law.

THIRD PARTY LINKS AND ADVERTISERS.

Content, goods or services may be offered by third parties through hotlinks or advertisements contained on our Service or through private-branded areas that are controlled by third party providers. These are offered as a convenience to you. We have no control over and do not endorse third party content, goods or services. We act as a distributor and not as a republisher of third party content and as an advertising channel for third party goods and services. Third party providers may change, add or discontinue their content or offerings at any time without notice. They may impose additional or different conditions on your use of their content or services (please read any additional terms that may be posted by such providers). WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES REGARDING CONTENT, GOODS OR SERVICES YOU OBTAIN FROM THIRD PARTY PROVIDERS. YOU WILL LOOK SOLELY TO THE THIRD PARTY PROVIDER FOR ALL CLAIMS REGARDING SUCH MATTERS.

SYSTEM SECURITY.

We offer secure web pages to collect certain kinds of information from users and we store certain kinds of sensitive information in encrypted form. We follow reasonable technical and management practices to help protect the confidentiality, security and integrity of data stored on our system. While no computer system is completely secure, we believe the measures implemented by our Service reduce the likelihood of security problems to a level appropriate to the type of data involved.

OUR PRIVACY POLICY.

Our Privacy Policy for this Site is posted at our main page. The terms of that Policy, and any future amendments to it, are hereby incorporated by reference in its entirety into this Agreement and subject to these terms. Third parties providing goods or services to you (including those advertising or providing links on our Service) may have privacy policies or practices that differ from our own. Please check their sites' privacy disclosures for details.

WARRANTIES & LIABILITIES.

Warranty Disclaimer. THIS SERVICE (INCLUDING ALL INFORMATION, CONTENT, COMMUNICATIONS, FEATURES, PRODUCTS, SOFTWARE AND SERVICES) MAY INCLUDE INACCURACIES, ERRORS AND DEFECTS AND IS PROVIDED AS-IS AND AS-AVAILABLE WITHOUT WARRANTY OF ANY KIND. ALL WARRANTIES, INCLUDING MERCHANTABILITY, QUALITY, INTEGRATION, ACCURACY, WORKMANLIKE EFFORT, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT ARE DISCLAIMED. THE SERVICE IS NOT RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR DISRUPTION OF YOUR COMMUNICATIONS, CONTENT OR TRANSACTIONS ENTERED INTO WITH THE SERVICE. THE SERVICE IS NOT RESPONSIBLE FOR ANY HARASSING, DEFAMATORY, ILLEGAL OR IMPROPER CONDUCT OR CONTENT OF THIRD PARTIES, OR FOR ANY INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS BY THIRD PARTIES.

Limitation of Liability. YOU AGREE THIS SERVICE IS NOT LIABLE FOR ANY DIRECT DAMAGES EXCEEDING THE AMOUNT, IF ANY, ACTUALLY PAID TO IT BY YOU DURING THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM. IN NO EVENT IS THE SERVICE LIABLE WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST SAVINGS, LOST PROFIT, LOST GOODWILL, LOST OR CORRUPTED DATA OR BUSINESS INTERRUPTION) EVEN IF NOTIFIED IN ADVANCE OF SUCH POSSIBILITY. THIS LIMITATION IS A MATERIAL CONDITION TO THIS AGREEMENT, IS COMMERCIALLY REASONABLE AND HAS BEEN FACTORED INTO THE AGREEMENT AS A WHOLE. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.

Indemnification. You agree to defend, indemnify and hold harmless the Service and its officers, directors, owners, agents, employees, advisers and consultants, from and against any claims, actions, demands, liability, damages (including legal and professional fees) asserted by any third party and arising from your use of the Service, your conduct, content, communications, alleged infringement of third party intellectual property or privacy rights, or violation of this Agreement.

Limitation of Remedies. You agree that if the Service breaches this Agreement, your sole and exclusive remedy will be to terminate this Agreement and your relationship with the Service. This applies regardless of whether the remedy fails of its essential purpose.

Protected Parties. THE WARRANTY DISCLAIMERS, LIABILITY LIMITS, INDEMNITIES AND RESERVATION OF RIGHTS CONTAINED IN THIS AGREEMENT PROTECT THE SERVICE, ITS OFFICERS, DIRECTORS, OWNERS, AGENTS, CONSULTANTS, ADVISERS, EMPLOYEES, AFFILIATES, ADVERTISERS, DISTRIBUTORS, RESELLERS, SUPPLIERS, PUBLISHERS AND PROMOTERS.

FORCE MAJEURE.

The Service is not responsible for any delay or failure in performance of the Service in whole or in part for any reason including, without limitation: fires, floods, storms, earthquakes, civil disturbances, disruption of telecommunications, transportation, utilities, services or supplies, governmental action, computer viruses, corruption of data, hacker attack, incompatible or defective equipment, software or services or otherwise. Nothing herein enlarges any warranty or diminishes any disclaimer under this Agreement.

INJUNCTIVE RELIEF.

If you violate or exceed the scope of this Agreement or infringe our proprietary rights, you agree we would be irreparably harmed and may (in addition to other relief and without having to post bond) obtain a court order enjoining your from further mischief.

GOVERNING LAW.

THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE SUBSTANTIVE LAWS OF CALIFORNIA (USA), WITHOUT REGARD TO CONFLICTS OF LAW PRINCIPLES. YOU ARE RESPONSIBLE FOR COMPLYING WITH YOUR OWN LOCAL LAWS, WHICH MAY VARY WITH RESPECT TO CERTAIN ACTIVITIES OR PEOPLE (e.g., MINORS). You agree that U.S. District Courts can hear cases involving copyright issues between us. Since we make no warranties and have limited our liabilities, you should have little reason to have a grievance with us. Should you nevertheless bring legal action against us, you irrevocably agree it will be brought and maintained within one (1) year after the claim arises or be barred. As disincentive for unwarranted litigation, you agree that if you sue us and don't win on the merits, you will pay our defense costs, including reasonable legal fees for in-house and outside counsel. If we are required to enforce this Agreement or our rights, you agree it is reasonable to send you legal notices and papers by electronic mail at your stated address (we would also attempt to send you a backup copy by regular mail).

TECHNOLOGY & DATA TRANSFER.

Technology Transfer. The transport of technology, technical data and information across national boundaries is regulated by the U.S. and certain foreign governments. You agree not to directly or indirectly export or re-export any information, software or technology obtained from or through the Service that requires an export license or governmental approval without first obtaining that license or approval. This provision will survive termination of our Agreement.

European Union Residents. If you reside in the European Union (EU) or if any transfer of information between you and our Service is governed by the European Union Data Protection Directive or national laws implementing that Directive, then you consent to the transfer of such information outside of the European Union to your country and to such other countries as may be contemplated by the features and activities provided by the Service.

U.S. GOVERNMENT RESTRICTED RIGHTS.

To the extent used by U.S. government personnel: this is a computer data base that constitutes restricted computer software and is provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions as set forth in the Commercial Computer Software clause at DFARS 227.7202-3 or subparagraphs (c)(1) and (2) of the Commercial Computer Software- Restricted Rights clause at 48 CFR 52.227-19, as applicable. Contractor is Incipient Technologies, Inc., P.O. Box 40612, Santa Barbara, CA 93140.

RELATIONSHIP OF PARTIES.

There are no third party beneficiaries of this Agreement. The parties are independent to one another and are not related by franchise, partnership, employment, joint venture or otherwise. This Service is not a party to any transaction between you and any third party advertisers or suppliers. You will look solely to the third party for all claims regarding their goods, services or information.

RIGHT TO RELY ON INSTRUCTIONS.

The Service may act in reliance upon any instruction, information, document, filing, name, email address or user password that meets the Service's automated criteria or which is believed by the Service's personnel to be genuine. For any password protected areas, the Service may assume a person entering a user name address and associated password is, in fact, that user or is authorized by that user to act on its behalf. The Service may assume the latest email addresses and registration information on file with the Service are accurate and current. When programmed to do so, the Service may take prescribed actions in the absence of receiving proper and complete contrary instructions.

CHANGES TO SERVICE.

We reserve the right to modify, change or discontinue the Service or any feature at any time without notice. You agree that the Service is not liable to you or to any third party as a result of any such action. We invite users to make suggestions for ways that the Service can be improved. If you make a suggestion, you authorize us to use the idea and to publish your name in connection with the submission. We do not pay compensation for using submissions.

TERMINATION.

You may terminate your account at any time and for any reason by providing notice of intent to terminate to Incipient at least 5 business days prior to the end of your next billing cycle. Notice may be provided by: registered or certified mail, return receipt requested addressed to Incipient Technologies, Inc., PO Box 40612, Santa Barbara, CA 93140; or telephone calls directed to End User Support at (800) 572-2000; or by sending an email to questions@incipient.net. If a termination notice is received less than 5 business days prior to the end of your current billing cycle, charges to your account may continue until the end of the following billing cycle.

We reserve the right to suspend or terminate operation of this Service, or any feature of this Service, at any time upon notice. Protections afforded to us and to third parties by this Agreement will survive termination, including your payment obligations, your account, password and security, disclaimer of warranties and limitation of liability and jurisdiction. If this Agreement is suspended or terminated as a result of unauthorized use, violation of this Agreement or any of the applicable Customer policies, or if you fail to pay any charges when due, you agree that upon request, you will destroy all copies of any Content in your possession or under your control relating to the use of Service.

NOTICE TO CALIFORNIA RESIDENTS.

Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information.

Pricing Information: Current rates for using the Service may be obtained by calling 800-572-2000. The Service reserves the right to change fees, surcharges or to institute new fees at any time, as provided in this Agreement.

Complaints: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 North Street, Suite 501, Sacramento, CA 95814, or by telephone at (916) 445-1254.

MISCELLANEOUS.

This document reflects our entire and exclusive agreement and supersedes all other agreements regarding this subject matter, whether written or verbal. We reserve the right to change this Agreement at any time by posting a new version on the Service. Your continued use of this Service after the effective date of such amendment will constitute your acceptance of it. Any other amendment to this Agreement shall be in a pen-and-ink signed writing, regardless of any course of conduct or trade practice between us. This electronic document or a hardcopy duplicate in good form shall be considered an original document admissible into evidence unless the document's authenticity is genuinely placed in question. We reserve the right to assign this Agreement or delegate responsibility to any third party, including a party acquiring any of our operating assets or ownership interests. All licenses or permissions granted to you by this Agreement are personal in nature and may not be assigned, sublicensed or otherwise transferred and any attempt to the contrary is void. Any provision of this Agreement found by a court to be illegal or unenforceable shall automatically be deemed conformed to the minimum requirements of law and shall thereupon be given full force and effect as so modified. Waiver of a provision in one instance shall not preclude our enforcement of it on future occasions. Headings are for reference purposes only and have no substantive effect.

NOTICE OF COPYRIGHT INFRINGEMENT PROCEDURES.

If you believe content on our Service infringes your copyrighted work and you want the Service to take down the offending material, you will need to complete the following Notice of Copyright Infringement and mail to (do not use this procedure for any other kind of communication):

Mail it to us:

Incipient Technologies, Inc.
P.O. Box 40612
Santa Barbara, CA 93140