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Last Updated: August 30, 2019
1. Agreement To Terms. By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, you may not use the Services. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, “you” and “your” will refer to that company or other legal entity.
WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING TO RESOLVE ANY DISPUTE BETWEEN YOU AND INSIGHTLY THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 17 “ARBITRATION” BELOW FOR DETAILS REGARDING ARBITRATION.
2. Definitions. To make these Terms easier to read, we have included several capitalized defined terms which you will see throughout. Below is a list of these terms:
4. Changes To Terms Of Service. We may update the Terms from time to time, and if we do, we’ll let you know either by posting the updated Terms on the Site, Mobile App or through other communications. If you continue to use the Services after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you don’t agree to be bound by the updated Terms, then you may not use the Services anymore. Because our Services are evolving over time, we may change or add features to the Services at any time.
5. Your Account.
6. What We Own and License to You.
7. Subscriptions. Insightly requires a Subscription to use the Services but may make certain limited portions of the Services available for free without a Subscription. Insightly may also provide portions of the additional Services that are made available to those who purchase Subscriptions for free for a trial period. At any time during the trial and thereafter, you may purchase a Subscription.
8. Your Data.
9. Rights and Terms for the Mobile App.
10. General Prohibitions and Insightly’s Enforcement Rights. You agree not to do any of the following:
Although we’re not obligated to monitor access to or use of the Services, Our Content, or Your Data, or to review or edit any of Our Content or Your Data, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any of Our Content or Your Data, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any of Our Content or Your Data to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
11. Links to Third Party Websites or Resources. The Services (including the Mobile App) may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
13. Warranty Disclaimers. THE SERVICES, OUR CONTENT, AND YOUR DATA (AS YOUR DATA IS PRESENTED ON THE SERVICES) ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
14. Indemnity. You will indemnify and hold harmless Insightly and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services or Our Content, (ii) Your Data, or (iii) your violation of these Terms.
15. Limitation of Liability.
16. Governing Law. These Terms and any action related thereto will be governed by the laws of the State of California, without regard to its conflict of laws provisions.
17. General Terms.
Contact Information. If you have any questions about these Terms or the Services, please contact Insightly at firstname.lastname@example.org.