Terms of Service
These Terms of Service (“Terms”) set forth the agreement between you (“you”) and Idealab.AI, Inc. (“Company”, “we”, “us” or “our”) that allows you to use our applicable websites, applications tools, software, subscriptions, memberships, content, API(s), and/or other products and services (collectively, as applicable, the "Services"), as long as you follow these Terms. By accessing or using any of our Services, including without limitation by downloading, installing or using any associated Software (defined below), you agree to all of the following, which are all expressly incorporated herein:
(1) these Terms;
(2) our Privacy Policy;
(3) any other standard policies or community guidelines (such as Acceptable Use Policies), if any, posted in any applicable parts of our Services.
To Use Our Services, You:
- May need to register with us to access and use some of our Services.
- Must not initiate or participate in any activities or post anything on our Services that is illegal, harmful, or interfere with anyone's use of our Services
- You may acquire additional products, services and/or content and may require that you agree to separate terms as a condition of your use and/or purchase of such additional products, services and/or content.
If You Post Content On our Services, You:
- May only post content that you create and own or have been given permission to post by the owner, and doesn't violate these Terms.
- Are responsible for content, data and information that you post to our Services and assume all risks of posting personal information online.
- Follow all restrictions and guidelines we post about content on our Services.
SERVICES
The Services include a platform that generates new business ideas based on your stated interests and offers agentic tools and resources to entrepreneurs and their businesses, utilizing artificial intelligence capabilities. It includes is our “Periodic Table of Business” which will offer an online marketplace or directory for enabling a connection between users seeking to obtain third party services and/or individuals or companies that provide those third-party services. The Company does not guarantee or warrant, and makes no representations regarding the reliability, quality or suitability of such third-party services. Those who choose to access the party services therein do so of their own initiative and at their own risk. See more information below.
USE OF AI
You acknowledge that the Services utilize artificial intelligence tools, and as such, may not always be correct, current, or unique. We encourage You to remain vigilant to evaluate whether the information generated via the Services (“Output”) are appropriate, and We always recommend human review, before using or sharing Output. Artificial Intelligence is a rapidly evolving technology and We reserve the right to update and revise the Services at any time and from time to time, including to adapt to, or stay ahead of, industry practices. It is a feature of artificial intelligence that occasionally the Output may initially appear to be believable but is actually incorrect or in which words are jumbled so they don’t make sense (“Hallucinatory Output”). In the event that We become aware (or are notified) that the Services have generated Output that contains Hallucinatory Output, We shall take commercially reasonable efforts to mitigate the identified Hallucinatory Output once informed. In the case where You determine that the Services are not satisfactory due to Hallucinatory Output, Your sole and exclusive remedy is to terminate using the Services.
ACCESS
In order to access some features of the Services, you may have to register or create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. Registration or subscription to the Services and payment of any applicable fee, authorizes a single individual to use the Services unless otherwise expressly stated. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Company immediately of any breach of security or unauthorized use of your account. Although Company will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Company or others due to such unauthorized use. It is a condition of your use of the Services that all the information you provide will be correct, current, and complete; If we believe the information you provide is not correct, current, or complete, we have the right to refuse you access to the Services or any of its resources, and to terminate or suspend your access at any time, without notice.
When you register on behalf of a company or other entity, You represent that You are authorized to enter into these Terms on behalf of that entity, and You expressly represent that the entity agrees to be bound by this Agreement. If You create an account on an individual basis, You represent that You are the age of legal majority or older in Your jurisdiction (e.g., aged 18 and over) and have the legal capacity to enter into and be bound by these Terms.
No content or information from the Services falls within the Child Online Privacy Protection Act (“COPA”) and is not monitored as doing so.
With respect to any software as a service offering, subject to the terms and conditions of this these Terms, we hereby grant to you a limited, nonexclusive, non-transferable license to access and use such Services during the term of this these Terms, solely by the number of authorized users, and only up to the approved and mutually agreed usage volumes, provided that you shall also comply at all times with all official documentation, policies and user guides and manuals.
Fees and Payment
If any portion of the Services require a fee payment or incremental payment or subscription, You agree to pay the applicable fees for the Services. By completing and submitting any credit card or other payment authorization through the Services, you are authorizing Us (and our service provider for credit card processing) to charge the fees to the account you identify. If you pay for the Services by credit card, you authorize us to automatically update your credit card information to pay for the Services, to maintain continuity of payments and avoid suspension of the Services for failure to pay. All payment obligations are non-cancellable and all fees paid are non-refundable. If you demonstrate a pattern of repeated registrations for paid Services followed by cancellation and request for refund, we may, in our sole discretion, withhold further registrations and/or refuse further refund
You agree to pay Us for all charges incurred under your account, including all applicable taxes, fees, and surcharges. Further, You authorize and direct Us to retain information about the payment method(s) associated with your account. During any free trial or other promotion, if any, you will still be responsible for any purchases and surcharges incurred using Your account. After 30 days from the date of any unpaid charges, Your fee-based Services will be deemed delinquent and we may terminate or suspend your account and Services for nonpayment. Except as otherwise mutually agreed in writing, We reserve the right to change Our fees upon notice (with prorated changes and new charges to be applied). You agree to pay the additional Fees if you exceed the limits of your subscription. and any overage use above the licensed amounts shall be charged when or after it occurs. Unless otherwise stated in this Agreement, payments will be in United States dollars.
We may change the Fees and introduce new charges applicable to your use of the Services.
Restrictions on Use
You may not, and may not attempt to (or authorize or allow any third party to):
- restrict or inhibit any other user from using and enjoying the Services;
- post, send, transmit, process or store any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, vulgar, sexually-orientated, profane, threatening, abusive, hateful, offensive, false, misleading, derogatory, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including without limitation the U.S. export control laws and regulations;
- post or transmit any advertisements, solicitations or engage in spamming or flooding;
- post, send, transmit, process or store any information or software which contains a virus, Trojan horse, worm or other harmful or malicious component, code, file, script, agent or program;
- upload, post, publish, reproduce, transmit or distribute in any way any component of the Services itself or derivative works with respect thereto;
- sell, resell, lease, license, sublicense or otherwise exploit for commercial purposes, directly or indirectly, any portion of the Services, or access to them, or use the Services as a service bureau;
- use email addresses obtained from the Services for solicitation purposes of any kind, directly or indirectly;
- use data mining, bots or other similar data gathering and extraction tools;
- access (or attempt to access) the Services or any content therein through any automated means (including use of any script or web crawler, page-scrape, spider, robot, index, Internet agent or other automatic device, program, algorithm or technology which does the same things) including without limitation, to use, access, copy, acquire information, generate impressions, input information, store information, search, generate searches or monitor any portion of this website;
- make derivative works based on the Services or attempt to co-brand any portion of the Services;
- use i-frames, webpage frames, or any similar framing, to enclose, capture or distribute any part of the Services;
- otherwise imply any relationship with or endorsement of your brands or services;
- use a false email address, impersonate any person or entity, forge e-mail headers or otherwise disguise the origin of any communication or mislead as to the source of the information you provide to the Services, or otherwise misrepresent your identity or your affiliation with a person or entity or post or transmit any photograph or likeness of another person without that person's consent, if and to the extent necessary under applicable laws;
- portray Company or any company affiliated with it in a negative manner or otherwise portray its Services in a false, misleading, derogatory or offensive manner;
- use the Services in any manner that could damage, disable, overburden, or impair our servers or interfere with any other party's use and enjoyment of the Services, or interfere with or disrupt the integrity or performance of the Services;
- attempt to gain unauthorized access to the Services, any related systems or networks, or any services or information to which you have not been granted access through password mining or any other process;
- upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Services which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or rightsholder, or which otherwise violates or infringes the rights of others, including without limitation, patent, trademark, trade secret, copyright, publicity, or other proprietary rights;
- circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein;
- reverse engineer, reverse compile, decompile, disassemble, translate, or otherwise derive the source code of the Services, or otherwise modify the Services;
- remove, alter or obscure any titles, product logo or brand name, trademarks, copyright notices, proprietary notices or other indications of the intellectual property rights or ownership of Company, whether affixed on, contained in or otherwise connected to the Services, any software or documentation, or any copies made in accordance with these Terms;
- use the Services to perform any activity which is or may be, directly or indirectly, unlawful, harmful, threatening, abusive, harassing, tortious, or defamatory, or which breaches the rights of any third party;
- post materials to the Services that contain URLs or links to websites that compete with the Services, or other competitive content or references;
- use the Services other than in compliance with all documentation and instructions provided by Company.
Company has no obligation to monitor the Services. However, you acknowledge and agree that Company has the right to monitor the Services electronically from time to time, and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Services properly, or to protect itself or its customers. Company reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, inappropriate or in violation of these Terms.
POSTINGS AND LICENSED MATERIALS
Content or communications you transmit to us, including without limitation any background information, feedback, questions, comments, suggestions, in any form or media, that you submit to us via the Services or otherwise (collectively, "Submissions") will be treated as non-confidential and non-proprietary. You shall be solely responsible for your own content and any postings and Submissions. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish content you post or submit. You further agree that content you post or Submissions will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant us all of the license rights granted herein. You further agree that you will not submit to the Services any content or other material that is contrary to any posted “community guidelines” or similarly titled document, if any, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.
We do not endorse any content submitted to the Services by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with content. We do not permit copyright infringing activities and infringement of intellectual property rights on the Services, and we will remove all content if properly notified that such content infringes on another's intellectual property rights as set forth herein below. We reserve the right to remove content without prior notice. We reserve the right to decide whether your content violates these Terms for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. We may at any time, without prior notice and in our sole discretion, remove such content and/or terminate a user's account or otherwise block access for submitting such material in violation of these Terms. We are not responsible for end user error or errors in inputs or for errors in any user supplied data. We do not independently verify the truthfulness or accuracy of any data or content input into the Services and are not responsible for the fraud, misrepresentation, negligence or misconduct of any end user or other third party.
WARRANTIES AND LIMITATIONS OF WARRANTIES.
If you are not completely satisfied with the Services, your sole remedy is to cease using the Services. With respect to any fee-based Services, if you signed up for designated term or timeframe, you will still be responsible for payment for the full term. If you did not subscribe for any minimum period, then you may cancel at any time on 30 days advanced notice, and cease to use the Services, then you will not be charged any additional amounts after the effective date of such termination. In any case, you will be responsible for any and all charges and activity accrued prior to your Services termination date, and those obligations will survive your termination of the Services. Company undertakes commercially reasonable efforts to ensure that the information it provides is current and accurate, however, Company does not warrant the accuracy of information. Company also undertakes commercially reasonable efforts to protect the confidentiality of any confidential information you provide, in accordance with the Privacy Policy, however, Company does not guaranty the confidentiality of such information against unauthorized third party access or system failure.
THE SERVICES, THE WEBSITE, AND ALL INFORMATION, CONTENT, AND MATERIALS RELATED TO THE FOREGOING, ARE PROVIDED "AS IS." EXCEPT AS EXPRESSLY STATED IN THESE TERMS, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, SYSTEM INTEGRATION AND ACCURACY OF DATA. WE DO NOT WARRANT THAT USE OF THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR VIRUS FREE. ALTHOUGH INFORMATION THAT YOU SUBMIT MAY BE PASSWORD PROTECTED, WE DO NOT GUARANTEE THE SECURITY OF ANY INFORMATION TRANSMITTED TO OR FROM THE SERVICES AND YOU AGREE TO ASSUME THE SECURITY RISK FOR ANY INFORMATION YOU PROVIDE THROUGH THE SERVICES.
Beta Services
From time to time, the Company may also make other services, features or functionality available that are designated by the Company as a beta, pilot, limited release, developer preview, non-production, evaluation, or by a similar description (the “Beta Services”). these terms for Beta Services are incorporated into, and form part of, the Terms applicable to your access to and use of the Beta Services. We also reserve the right to modify the Beta Services or terminate for any reason, without liability. You acknowledge and agree that the Beta Services are not at the level of performance or compatibility of a final, generally available product offering, and may be substantially modified prior to commercial availability, or withdrawn. The Beta Services may not be fully functional, may contain bugs and errors and may have reduced or different security, privacy, accessibility and reliability standards relative to commercial offerings. You may use the Beta Services only at your own risk, understanding they are not intended for use and should not be used for commercial or business-critical applications. We provide no assurance that any specific errors or performance issues in the Beta Services will be corrected. This license automatically terminates upon your breach of any of these terms. THE BETA SERVICES ARE PRELIMINARY IN NATURE AND MAY NOT ALWAYS WORK AS WE INTEND AND USER ACKNOWLEDGES AND AGREES THAT THE BETA SERVICES ARE PROVIDED “AS-IS” IN ALL RESPECT INCLUDING PERFORMANCE, SPEED, FUNCTIONALITY, ACCURACY, SUPPORT, AND AVAILABILITY.
LIMITATIONS OF LIABILITY.
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, OR FOR LOSS OF PROFITS OR DAMAGES ARISING DUE TO BUSINESS INTERRUPTION OR FROM LOSS OR INACCURACY OF INFORMATION, INCLUDING IF AND TO THE EXTENT ANY OF THE FOREGOING ARISES IN CONNECTION WITH THIS THESE TERMS OR YOUR USE OR INABILITY TO USE THE SERVICES, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF WE WERE ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE. IN NO EVENT WILL THE AGGREGATE LIABILITY OF US TO YOU FOR ANY AND ALL CLAIMS ARISING IN CONNECTION WITH THIS THESE TERMS OR THE SERVICES, EXCEED THE TOTAL FEES PAID TO US BY YOU, IF ANY, DURING THE SIX-MONTH PERIOD PRECEDING THE DATE OF ANY CLAIM (OR $10 IF THE SERVICES ARE FREE). YOU ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY IS AN ESSENTIAL TERM BETWEEN YOU AND US RELATING TO THE PROVISION OF THE SERVICE TO YOU AND WE WOULD NOT PROVIDE THE SERVICES WITHOUT THIS LIMITATION.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS US AND OUR AFFILIATED COMPANIES, AND EACH OF OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, AGENTS, AND EMPLOYEES FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES, CLAIMS, JUDGMENTS, COSTS, EXPENSES AND LIABILITIES, INCLUDING REASONABLE ATTORNEYS' FEES, INCURRED BY US OR SUCH PARTIES AND/OR ARISING OUT OF OR RESULTING FROM (1) ANY ACTUAL OR ALLEGED VIOLATION BY YOU OF THIS THESE TERMS (INCLUDING ANY REPRESENTATION OR WARRANTY HEREIN); (2) ANY ACTIVITY RELATED TO YOUR ACCOUNT BY YOU OR ANY OTHER PERSON ACCESSING THE SERVICES WITH YOUR PASSWORD; (3) YOUR USE OF AND ACCESS TO THE SERVICES; (4) YOUR ACTUAL OR ALLEGED VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY OR PRIVACY RIGHT; (5) YOUR ACTUAL OR ALLEGED VIOLATION OF ANY LAW, RULE OR REGULATION; AND/OR (6) YOUR CONTENT OR DATA, INCLUDING IF IT CAUSES ANY DAMAGE TO A THIRD PARTY. YOUR DEFENSE, INDEMNIFICATION AND HOLD HARMLESS OBLIGATIONS IN THIS THESE TERMS WILL SURVIVE THIS THESE TERMS AND YOUR USE OF THE SERVICES.
You acknowledge that the information on the Website and other Services is provided 'as is' for general information only. If you use the Services to provide any services in any heavily regulated industry, such as, without limitation, medical, legal, tax or financial advice, you are fully responsible for all such services and represent and warrant that you are appropriately qualified and certified to do so, possessing all necessary licenses and permits to do so. You indemnify us for any failure by you or your agents to do so and/or to follow any applicable laws, rules and regulations. You may use the Services for informational purposes only, as an aid, but only as one information source among many, and not as the sole basis for making any decisions; you must conduct proper due diligence and use your own judgment when making any decisions based on any information, analytics or reports derived from the Services.
We shall not be liable for any circumstances arising out of causes beyond our reasonable control or without our fault or negligence, including, but not limited to, Acts of God, acts of civil or military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures, or other force majeure.
If we breach these Terms, you agree that your exclusive remedy is to recover, from us or any affiliates, resellers, distributors, and vendors, direct damages up to an amount equal to your Services fees for one month (or up to USD$10.00 if the Services are free). YOU CAN'T RECOVER ANY OTHER DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION, DIRECT, CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT, INCIDENTAL, OR PUNITIVE. these limitations and exclusions apply if this remedy doesn't fully compensate you for any losses or fails of its essential purpose or if we knew or should have known about the possibility of the damages. To the maximum extent permitted by law, these limitations and exclusions apply to anything related to this these Terms such as, without limitation, loss of content; any virus affecting your use of the Services; delays or failures in starting or completing transmissions or transactions; claims for breach of contract, warranty, guarantee, or condition; strict liability, negligence, misrepresentation, or omission; trespass, or other tort; violation of statute or regulation; or unjust enrichment. .
DURATION OF TERMS
These Terms will continue in operation until terminated by either you or us. However, even after termination, the provisions of sections that by their nature should survive, will remain in effect in relation to any prior use of the Services by you. You may terminate the Terms at any time and for any reason by providing notice to Company in the manner specified in the Terms or by choosing to cancel your access to the Services. We may terminate the Terms without notice or, at our option, temporarily suspend your access to the Services, in the event that you breach the Terms. Notwithstanding the foregoing, Company also reserves the right to terminate the Terms at any time and for any reason by providing notice to you either through email or other reasonable means. After termination of the Terms for any reason, you understand and acknowledge that Company will have no further obligation to provide the Services or access thereto. Upon termination, all licenses and other rights granted to you by the Terms, if any, will immediately cease, but your licenses to us shall survive, and certain of your obligations (including payment obligations, if any) will survive in accordance with the terms hereof.
MODIFICATION OF TERMS
Company may change the terms of the Terms from time to time. You will be notified of any such changes by our posting notice of the changes on the Services (which may consist of publishing the changes on our website). If you object to any such changes, your sole recourse will be to terminate the Terms. Continued use of the Services following such notice of any such changes will indicate your acknowledgement of such changes and these Terms to be bound by such changes.
MODIFICATIONS TO SERVICES
We reserve the right to modify or discontinue the Services at any time with or without notice to you, including without limitation by adding or subtracting features and functionality, third party content, etc. In the event of such modification or discontinuation of the Services, your sole remedy shall be to terminate the Terms as set forth herein. Continued use of the Services following notice of any such changes will indicate your acknowledgement and acceptance of such changes and satisfaction with the Services as so modified.
OWNERSHIP
We and/or our vendors and suppliers, as applicable, retain all right, title and interest in and to the Services, the website and all information, content, and other software and materials provided by or on behalf of us, including but not limited to all text, images, videos, logos, button icons, audio clips, and the look and feel of the website and our brands and logos, and any data compilations, including without limitation any data input by or on behalf of us or our third party providers, and any data to the extent processed by, or resulting as an output of, the Services, and all Services usage data, statistical data or aggregated data collected or reported with respect to the any part or all of the Services, including without limitation any aggregated and anonymized data extracted or derived from the Services, including all aggregated and anonymized usage data, statistical data, transactional data, metadata, market data and other aggregated and anonymized data collected from user data and files. We own the rights to any metadata we collect from or about your use of the Services. Without limiting the generality of the foregoing, we reserve the right to create and market public indexes, analysis or insights created from such data. You agree that you will not copy, reproduce, distribute or create derivative works from any information, content, software or materials provided by us, or remove any copyright or other proprietary rights notices contained in any such information, content, software or materials without the copyright owner's prior written consent.
Unless otherwise stated, all content in our websites or Services, is our property or the property of third parties. Contents are protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions and other copyright laws.
Your feedback is welcome and encouraged. You agree, however, that (i) by submitting unsolicited ideas to us, you automatically forfeit your right to any intellectual property rights in such ideas; and (ii) unsolicited ideas submitted to us automatically become our property. We shall be free to use any ideas, concepts or techniques embodied therein for any purpose whatsoever, including, but not limited to, developing and marketing products or services incorporating such ideas, concepts, or techniques, without attribution and without any liability or obligation to you
THIRD PARTY CONTENT AND SERVICES
The Services may integrate and/or interact with third party services (collectively, “Third Party Services”). Company makes no claim, representation or warranty of any kind, type or nature concerning any Third-Party Services or with respect to third party terms of service for any such Third Party Services (collectively, “Third Party Terms”). It shall be each User’s sole responsibility to analyze and interpret any applicable Third Party Terms and comply therewith. Each User is solely responsible for their interpretation of Third Party Terms and their actions relevant to compliance thereof. By using the Service, you agree to hold the Company free from responsibility for any liability or damage that might arise out of the transactions involved. By using the Services, you hereby release Company and waive any and all claims or claim rights that you may have against Company, and release and indemnify Company against any claims that any third party may have against you, including with respect to your use of any Third Party Services, including if accessed or used via our Services, and with respect to Third Party Terms, applicable privacy policies or any other rules or regulations of such third parties. Under no circumstances shall Company, or its affiliates, or any of their respective officers, directors, employees, or agents, be liable for any loss or damage caused by your reliance on any content or other information obtained through the Services.
Without limiting the generality of the foregoing, we may elect, in our discretion, to utilize social logins, allowing you to login to the Services via other third-party authentication services, such as (without limitation) your Facebook, Twitter, LinkedIn, Google, or other account credentials. You understand that these are Third Party Services, and this in no way creates and endorsement of, by or from us to them or vice versa, that we are not responsible for their logins, systems or data, and that by using such third-party logins, you may be subject to their respective privacy policies and other terms of use.
You understand that when using the Services, you will be exposed to content from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content. You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Company, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Services.
As a convenience to you, Company may provide, in or through the Services, one or more links to third party web sites or services and/or provide email contacts respecting third parties. Company makes no endorsement of such third parties, nor any representation or warranty regarding anything that takes place between you and any such third parties, including, without limitation, visits to third party web sites, services, email correspondence with third parties, and business or other transactions with third parties found through the Services. Please understand that such third parties are independent from and not controlled by Company, even if, for example, a Company link or logo appears on a website linked from this website or our other Services. It is up to you to read those third-party sites’ applicable terms of use, privacy, and other applicable policies. For example, without limitation, we may outsource operation of certain aspects of our Services to one or more third parties, and they may have access to certain data by virtue of operating such Services, subject to their own policies.
The Services may include a messaging platform or chatbot feature (the “Chat Platform”). This Privacy Policy governs all use of the Services, including information shared by use of the Chat Platform We may limit requests to the Chat Platform or post additional usage policies from time to time. You shall comply with all laws, rules and regulations now or hereafter promulgated by any government authority or agency that are applicable to your use of the Services, the messages or content you post or send through the Services, or the transactions contemplated in the Terms, including without limitation, the Telephone Consumer Protection Act of 1991 (“TCPA”), and all industry standards, self-regulatory guidelines and best practices, including without limitation as promulgated by the Cellular Telecommunications Industry Association (“CTIA”). As between you and us, you are solely responsible for compliance with all such laws with respect to your use of the Services, and any messages or content you post or send through the Services.
INTERNATIONAL USERS
The Services are controlled, operated and administered by us from within the United States. We make no representation that this site is available for access or use at other locations outside the U.S. However, any access or use from outside the U.S. is still subject to this these Terms. Access to the Services is expressly prohibited from territories where this site or any portion thereof is illegal. You agree not to access or use any information or materials on the Services in violation of U.S. export laws and regulations, or in violation of any laws or regulations in the country from which you are accessing the Services. Any personal information which we may collect via the Services may be stored and processed in our servers located in the United States or in any other country in which we, or our affiliates, subsidiaries, or agents maintain facilities. You consent to any such transfer of personal information outside your country of residence to any such location.
Digital Millennium Copyright Act
If you are a copyright owner or an agent thereof and believe that any content in our Services infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Company's designated method to receive notifications of claimed infringement is by emailing the Copyright Agent at copyright@idealab.ai You acknowledge that if you fail to comply with all of the requirements of this Section your DMCA notice may not be valid.
If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your content, you may send a counter-notice containing the following information to the Copyright Agent:
- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Company may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 or more business days after receipt of the counter-notice, at Company's sole discretion.
CLASS ACTION WAIVER AND ARBITRATION
THIS SECTION CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IT AFFECTS YOUR RIGHTS ABOUT HOW TO RESOLVE ANY DISPUTE WITH US.
Except if you opt-out as expressly permitted below, or except to the extent contrary to applicable law ("Excluded Disputes"), you hereby agree that all disputes between you and us (whether or not such dispute involves a third party) with regard to your relationship with us, including without limitation disputes related to these Terms, your use of the Service, and/or rights of privacy and/or publicity, may, in our discretion, be resolved by binding, individual arbitration under the American Arbitration Association's rules for arbitration of consumer-related disputes and you hereby expressly waive trial by jury. As an alternative, you may bring your claim in your local "small claims" court, if permitted by that small claims court's rules. You may bring claims only on your own behalf. You agree that you shall not participate in any class action or class-wide arbitration for any claims covered by the Terms. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if we are a party to the proceeding. This dispute resolution provision will be governed by the US Federal Arbitration Act, to the extent permissible. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either we or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms. You may opt out of the Terms to arbitrate. If you do so, neither you nor we can require the other to participate in an arbitration proceeding. To opt out, you must notify us in writing within 30 days of the date that you first became subject to this arbitration provision. You must use this address to opt out: 130 W. Union St, Pasadena, CA, 91103, USA.
You must include your name and residence address, the email address you use for your account with us, and a clear statement that you want to opt out of this arbitration these Terms. If and to the extent the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then such preceding language in this Arbitration section will be null and void. This arbitration these Terms will survive the termination of your relationship with us.
MISCELLANEOUS.
You shall comply with all laws, rules and regulations that are applicable to your use of the Services, and these Terms. You may not assign your rights or obligations hereunder, and any attempt by you to sublicense, assign or transfer any of the rights, duties or obligations hereunder or to exceed the scope of the Terms is void. In the event that Company is sold to a third party, such a sale will not be deemed a transfer of personal information so long as that third party agrees to assume Company's obligations as to these Terms of Services and any associated Privacy Policy. The Terms, the Services, and the rights and obligations of the parties with respect to the Services will be subject to and construed in accordance with the laws of the State of California, excluding conflict of law principles. By accessing or using any Services you agree that the statutes and laws of the State of California, without regard to conflicts of law principles thereof, will apply to all matters arising from or relating to the use thereof. You also agree and hereby submit to the exclusive legal jurisdiction and venues of the Courts of Los Angeles, California with respect to such matters. The failure of Company to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions hereof shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of the Terms or related to use of the Services must be filed within three (3) months after such claim or cause of action arose or be forever barred.