You understand and agree that the Sites are semi-public and provided to you on an AS IS and AS AVAILABLE basis. We disclaim all responsibility and liability for the availability, timeliness, security or reliability of the Sites. The opinions expressed on the Sites are not necessarily the opinions of us and may or may not be totally accurate. We also reserve the right to modify, suspend or discontinue the Sites with or without notice at any time and without any liability to you.
Please note the arbitration provision set forth below, requiring you to arbitrate any claims you may have against Intersections Inc. on an individual basis. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.
Intellectual Property Ownership
The Sites contain copyrighted material, trademarks and other proprietary information, including comments, articles, information, catalogs, brochures, training materials, data, text, software, photos, video and graphics (“Content”). This Content is subject to copyrights owned by Intersections and other individuals or entities and is protected by United States and international copyright laws. To make a complaint about a copyright violation on the Sites, email email@example.com.
Additionally, the names, trademarks, service marks, and logos of Intersections belong exclusively to Intersections and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws. All other trademarks, service marks, and logos (including third-party product names) are the property of their respective owners. The use or misuse of these trademarks is expressly prohibited and nothing stated or implied on these Sites confers on you any license or right under any patent or trademark of Intersections or any third party.
Use of Intersections Content
Certain contributors on the Sites are compensated to provide content on topics of interest to the Sites’ users. Contributions that contain endorsements of Intersections products or services and are made by individuals with material connections to Intersections will be identified as such. While such contributors may receive compensation, the content is editorial and based on their opinions, findings, beliefs, or experiences on those topics, services, or products.
The views and opinions expressed within Intersections blogs belong purely to the authors. Any product, claim, statistic, quote or other representation about a product or service should be verified with the manufacturer, provider, or party in question.
User Submissions, Forums and Public Areas
Certain places within the Sites, such as forums, blog pages or other public areas, may allow users to post comments or communications that are publicly accessible and non-confidential. The content and communications posted within these areas is largely controlled by our users. Intersections, or the party hosting such a public area, has no control over such content and cannot guarantee the accuracy or reliability of any such content or communications. Thus, the responsibility for what is posted on these pages of the Sites lies with each user — you alone are responsible for material you post.
Neither Intersections nor any third party host of such a public area claims ownership of any of the information or material that you transmit, distribute, post, communicate, or store on, to, or through the Sites. Therefore, by submitting any such material or communication to the Sites, you warrant that you own or otherwise control all the rights to any content or communications submitted by you to the Sites and that you will not upload or transmit any communications or content of any type that infringes upon or violates any rights of any party. By submitting communications or content to any part of the Sites, you agree that such submission is non-confidential and is not otherwise protected by any other law, including privacy, publicity, copyright or trademark law.
If you make any submission to or communications on the Sites, whether on behalf of yourself or another (including but not limited to your employer), you automatically grant, or warrant that the owner of such content has expressly granted Intersections, a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content material in any media or medium, or any form, format, or forum now known or hereafter developed. Intersections may sublicense its rights through multiple tiers of sublicenses.
Rules for Posting Questions and Comments in Forums and Public Areas
- Posts that contain your full name(s), or any other confidential identifiable information of yourself or others;
- Using a public area for any purpose in violation of local, state, federal, or international laws;
- Posting material that infringes on the rights of others, including copyrights, trademarks, trade secrets, publicity or privacy rights;
- Posting material that is unlawful, obscene, derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Intersections in its sole discretion;
- Posting advertisements, solicitations or spam links to other web sites or individuals, without prior written permission from Intersections;
- Posting chain letters or pyramid schemes;
- Impersonating another business, person or entity, including Intersections, its related entities, employees and agents;
- Registering under more than one name and/or e-mail address;
- Distributing viruses or other harmful computer code;
- Harvesting or otherwise collecting information about others, including email addresses, without their consent;
- Allowing any other person or entity to use your identification for posting or viewing comments;
- Posting any communications that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
- Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the public area or the Sites, or which, in the judgment of Intersections, exposes Intersections or any of its customers, partners or suppliers to any liability or detriment of any type; and/or
- After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form).
Notwithstanding this right of ours, users shall remain solely responsible for the content of their messages. You acknowledge and agree that neither us nor any of our affiliates shall assume or have any liability for any action or inaction by us with respect to any conduct by users within the Sites or any communication or posting on the Sites.
Use of RSS and Comment Feeds
Intersections grants you a non-transferable, non-sublicensable, royalty free non-exclusive license to display on your web site or in your newsreader platform the headlines, active links, and other information or materials that you specifically select to receive via the Feeds. The Feeds are protected by U.S. and international copyright laws. All rights in and to these Feeds, including the content and technology, are reserved to Intersections Inc.
The Feeds may be used only with those platforms and newsreaders from which a functional link is made available that, when accessed, takes the viewer directly to the display of the full article on one of the Sites. You understand and agree that the Feeds that are provided may include footers to assure proper attribution for the content.
By using the Feeds, you agree not to:
- Display the Feeds in a manner that does not permit successful linking to or direction to our Sites;
- Insert any intermediate page or other content between the link displayed on your web site and the landing page for the content on our Sites;
- Edit, modify, alter, or create derivative works of the text, content or links supplied by us;
- Use any robot, spider, other device or manual process to monitor or copy any content from the Feeds;
- Sell, retransmit, or commercially exploit the Feeds, headlines or content in any manner except as expressly permitted by us in writing;
- Incorporate advertising into the Feeds as displayed on your site; or Use the Feeds for any unlawful purpose or in violation of the rights of others.
By using the Feeds, you also agree not to use the Feeds on the following categories of web sites:
- Sites that incite hatred whether based on race, religion, gender, sexuality, or otherwise;
- Sites that promote, encourage or facilitate violence;
- Sites that discriminate against any specific social group;
- Sites that promote, facilitate, or encourage illegal activity; or
- Sites which are misleading, pornographic, defamatory or that contain illegal or otherwise actionable content under applicable law.
Use of the Sites to order any of the products and services we offer, including those obtained through the Enterprise Small Business Portal and in connection with the Data Breach Readiness Service, may entail the exchange of Confidential Information between you and Intersections. “Confidential Information” as used in this section means information of a party that is disclosed to a party (the “Receiving Party”) by or on behalf of the other party (the “Disclosing Party”) in connection with an order for or the solicitation of information regarding our services, including, without limitation, trade secrets, know-how, inventions, techniques, processes, algorithms, computer software programs, schematics, financial and business data, pricing data, projections and plans, strategies, operational plans and details, designs, marketing or sales data information of or about customers, marketing or sales data, and the terms of any order or any agreement pertaining to that order. Notwithstanding the foregoing, “Confidential Information” does not include information that: (a) is or becomes generally available to the public through no act or omission of the Receiving Party; (b) was in the Receiving Party’s lawful possession prior to receipt from or on behalf of the Disclosing Party; (c) is lawfully disclosed to the Receiving Party by a third party without violation of any right of the Disclosing Party; or (d) is independently developed by the Receiving Party.
Except as further agreed by the Disclosing Party in writing, the Receiving Party may not use the Disclosing’s Party Confidential Information for any purpose other than performance under the order, or disclose the Disclosing Party’s Confidential Information to any third party unless otherwise agreed upon by the Disclosing Party and Receiving Party in writing. The Receiving Party shall ensure that its employees, contractors and agents do not disclose the Disclosing Party’s Confidential Information without the prior written consent of the Disclosing Party. Notwithstanding the foregoing, the Receiving Party may disclose the Disclosing Party’s Confidential Information as required under applicable law, regulation or court order, provided that the Receiving Party gives the Disclosing Party reasonable notice prior to such disclosure.
- Record the dialogue in public areas on the Sites.
- Terminate a user’s access to any portions or pages of the Sites.
- Monitor, edit, or disclose any communication made on or through the Sites.
- Intersections reserves the right to take any other action it deems necessary to protect the personal safety of our guests, visitors, or the public.
Disclaimer of Warranties
THE SITES ARE PROVIDED “AS IS.” INTERSECTIONS MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE SITES, OR ANY WEB SITE OR THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SITES, TO THE EXTENT PERMITTED BY LAW. INTERSECTIONS DISCLAIMS IMPLIED WARRANTIES THAT THE SITES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY INTERSECTIONS OR A REPRESENTATIVE SHALL CREATE A WARRANTY.
When using the Sites, information will be transmitted over a medium which is beyond the control and jurisdiction of Intersections, its partners, advertisers, and sponsors. Accordingly, Intersections assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Sites. WE DO NOT GUARANTEE THAT THE SITES WILL MEET YOUR REQUIREMENTS, OR THAT THEY ARE ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT ALL TIMES OR LOCATIONS OF YOUR CHOOSING.
FURTHER, INTERSECTIONS DOES NOT ENDORSE AND MAKES NO WARRANTY REGARDING THE ACCURACY OR RELIABILITY OF ANY OPINION, INFORMATION, ADVICE OR STATEMENT ON THE SITES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITES. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT ON THE SITES.
Limitation of Liability
In no event shall Intersections, its partners, sponsors, advertisers, agents or licensors, or any third parties mentioned on the Sites be liable for any damages (including, without limitation, incidental, consequential or other indirect damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the Sites, whether based on warranty, contract, tort, or any other legal theory, and whether or not Intersections is advised of the possibility of such damages. Intersections is not liable for any personal injury, including death, caused by your use or misuse of the Sites or public areas.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH INTERSECTIONS IS TO DISCONTINUE YOUR USE OF THE SITES. IN NO EVENT SHALL OUR LIABILITY, OR THE LIABILITY OF OUR AFFILIATES AND SUBSIDIARIES FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SITES EXCEED THE TOTAL AMOUNT OF FEES THAT YOU PAID US DURING A ONE-YEAR PERIOD FOR THE SPECIFIC SERVICE AT ISSUE.
Registration as a user or subscriber with the Sites may requires both a user name and a password, and certain portions of the Sites may require use of multiple one time or persistent passwords. You should consider your user names and passwords as confidential information. Anyone with knowledge of both your user name and password can gain access to the restricted portions of the Sites and to your account. You must keep your user name and password confidential. You shall immediately notify us if you become aware of any loss or theft of your password or any unauthorized use of your user name and password. WE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH THESE OBLIGATIONS. We reserve the right to delete or change a user name or password at any time and for any reason.
We collect personal information on the Sites, which is subject to the terms of our privacy statement.
Children and Teens
The sites are not intended for use by persons under the age of 18. By submitting information to the Sites, you warrant that you are at least 18 years old or older.
Links to External Sites
The Sites may contain links to third party web sites. We are not responsible for the availability of these external sites nor do we endorse the activities or services provided by these web sites. Under no circumstances shall we be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods or services available on such external web sites.
Procedure for Making a Claim of Copyright Infringement
We respect the intellectual property of others. If you believe that your work has been copied and is accessible on the Sites in a way that constitutes copyright infringement, please follow the instructions below on how to contact us to report possible copyright infringement.
Please provide the following information to our Copyright Agent:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Sites;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Choice of Law
AGREEMENT TO ARBITRATE
Effective Date: December 2017