We reserve the right, at our sole discretion, to change, modify, add or remove any portion of this User Agreement in whole or in part from time to time without notice. Changes to this User Agreement will be effective when such change is posted. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this Site after such modifications will constitute your acknowledgment and agreement to be bound by them.
We may terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features of the Site, at any time, without prior notice, and without liability. We may also impose limits on certain features and services or restrict your access to part or all of the Site without notice or liability.
The Materials are provided “AS IS” and without warranties of any kind, either express or implied. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. To the fullest extent permissible under applicable law, we shall not be liable for any damages of any kind arising from the use of this Site or the Materials, including, without limitation, indirect, extraordinary, exemplary, punitive, special, incidental or consequential damages. We do not warrant that the functions contained in the Site will be uninterrupted or error free, that defects will be corrected or that this Site or the server that makes it available are free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of the Site or the Materials in terms of their correctness, accuracy, completeness, quality, suitability, reliability or otherwise. YOUR USE OF THE SITE AND ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER DEVICES FOR ANY LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OF SUCH MATERIALS.
Restrictions on Use
Your use of the Site is subject to all applicable laws, rules, and regulations, and you are solely responsible for the contents of your communications through the Site. By using any communications service or other interactive service that may be available to you on or through this Site, you agree that you will not upload or otherwise submit or facilitate submission of any content, including text, communications, software, images, sounds, data, or other information, that:
1. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including, but not limited to, sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
2. Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
3. Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
4. Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as "spamming"), chain letters or any other form of unauthorized solicitation; 5. Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
6. Impersonates any person or entity, including any of our employees or representatives.
In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the Site may be available to you or other authorized users of the Site. You shall not interfere with anyone else's use and enjoyment of the Site or other similar services. Users who violate systems or network security may incur criminal or civil liability.
You agree that we may, at any time and at our sole discretion, terminate your account or your access to the Site without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other Sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
You agree to indemnify and hold harmless 4incentive Inc., and its subsidiaries and affiliates, and 4incentive Inc.’s and its subsidiaries’ and affiliates’ shareholders, members, directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including attorneys' fees and costs, resulting relating to or arising out of (i) your use of the Site or the Materials, (ii) any violation of this User Agreement or (iii) the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.
Security and Password
You are solely responsible for maintaining the confidentiality of our password and account and for any and all statements made and acts or omissions that occur through the use of your password and account, including any charges incurred. Therefore, you must take steps to ensure that others do not gain access to your password and account. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account in the event of any unauthorized transfer or sharing thereof. You are solely responsible for all use of your password and account, including unauthorized use.
The Site and the Materials are owned and copyrighted by 4incentive Inc. or others with all rights reserved unless otherwise noted. Any Materials that constitute a trademark, logo or service mark are also registered or unregistered trademarks or service marks of 4incentive Inc. or others. Your use of the Site and the Materials other than as provided in this User Agreement, without the written permission of the Materials owner is strictly prohibited.
As a convenience to you, we may provide, on this Site, links to websites operated by other entities. If you use these links, you will leave this Site. If you decide to visit any linked site, you do so at your own risk, and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. We take no responsibility for, and make no warranty or representation regarding, and do not endorse, any linked websites or the information appearing thereon or any of the products or services described thereon. Links do not imply that 4incentive Inc. or this Site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of 4incentive Inc. or any of its affiliates or subsidiaries.
External Links to Website
All links to this website must be approved in writing by 4incentive Inc.
Intellectual Property Violations
We respect the intellectual property of others and ask you to do the same. If you or any user of this Site believes its copyright, trademark, or other property rights have been infringed by a posting on this Site, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed;
3. Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
4. Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit us to locate the materials;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and
6. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c), our Designated Agent for notice of claims of copyright infringement can be reached as indicated below. Service of repeat infringers of copyright or of users about whom repeat claims of copyright infringement are received will be terminated. Designated Agent for Claimed Infringement:
You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from the website without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
We make no representation that materials on this Site are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Site or export the Materials in violation of U.S. export laws and regulations. If you access this Site from a location outside of the United States, you are responsible for compliance with all local laws.
Materials available on or through this website are subject to United States Export Controls. No Materials from this website may be downloaded or exported (a) into (or to a resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country which the United States has embargoed goods; or (b) anyone on the United States Treasury Department's list of Specially Designated Nationals or the United States Commerce Department's Table of Deny Orders. By downloading or using the Materials, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Termination of Use
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of the Site and Materials with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Materials we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
This website is controlled by 4incentive Inc. from our offices located in the State of Florida, USA. It can be accessed by most countries around the world. As each country has laws that may differ from those of the State of Florida, by accessing our Site, you agree that the statutes and laws of the State of Florida, without regard to its conflict of laws principles and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this Site and the purchase of any products or services through this Site. You and we both agree and submit to the exclusive personal jurisdiction and venue of the state and federal courts sitting in Hillsborough County, Florida, as applicable, with respect to such matters and any other dispute relating to our Site or the Materials. In any action to enforce this User Agreement, the prevailing party will be entitled to attorneys' fees and costs. Any cause of action brought by you against 4incentive Inc. or its affiliates must be instituted within one year after the cause of action arises or be deemed forever waived and barred.
If any part of this User Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Any failure by us to enforce or exercise any provision of these terms or related rights shall not constitute a waiver of that right or provision.
This User Agreement and any additional guidelines, rules or terms expressly incorporated into this User Agreement constitutes the entire agreement between 4incentive Inc. and you with respect to your use of and access to the Site and the Materials.
If you have any questions or comments about this User Agreement, you can contact us at the address below.
USF Research Park of Tampa Bay
3802 Spectrum Boulevard, Suite 145
Tampa, FL 33612-9220