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Terms of Service

MASTER SUBSCRIPTION AGREEMENT AND TERMS OF SERVICE

 

PLEASE READ THESE TERMS AND CONDITIONS (“TERMS”) CAREFULLY BEFORE ORDERING,
ACCESSING, OR USING THE SERVICES AND THE LICENSED MATERIALS. IF YOU ARE ENTERING
INTO AN AGREEMENT OR SUBMITTING ANY ORDERING DOCUMENT ON BEHALF OF A COMPANY OR
ANY OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO
BIND SUCH ENTITY TO THESE TERMS, IN WHICH CASE THE PHRASES "YOU" OR "YOUR" SHALL
REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE
WITH THESE TERMS, YOU MUST NOT ACCEPT THIS AGREEMENT OR THE APPLICABLE ORDERING
DOCUMENT AND YOU MAY NOT USE THE SERVICES. YOU AGREE TO BE BOUND BY THESE TERMS
BY EXECUTING THIS AGREEMENT AND/OR ANY RELEVANT ORDERING DOCUMENT OR, AS
APPLICABLE, BY SUBMITTING PAYMENT IN RESPONSE TO AN ORDERING DOCUMENT THAT
REFERENCES THESE TERMS. INTELSTOR RESERVES THE RIGHT TO AMEND, REMOVE, OR ADD TO
THESE TERMS AT ANY TIME WITH OUR WITHOUT NOTICE. SUCH MODIFICATIONS SHALL BE
EFFECTIVE IMMEDIATELY. IF AT ANY TIME YOU NO LONGER AGREE TO BE BOUND BY THESE
TERMS, YOU MUST IMMEDIATELY STOP ACCESSING THE SERVICES, YOU MAY NO LONGER USE
LICENSED MATERIALS IN YOUR POSSESSION, AND YOU MUST DELETE ANY LICENSED
MATERIALS THAT ARE STORED IN YOUR POSSESSION, IN ACCORDANCE WITH THIS AGREEMENT.



This master subscription agreement, which may include any relevant ordering
documents (collectively, “Agreement”), is made by and between IntelStor, LLC, a
corporation validly existing under the laws of Delaware (“IntelStor” or
“Licensor”) and the specific person or entity identified as the licensee or
customer or party thereto in the associated agreement, ordering document, or
purchase order (“Licensee” or “You”). Licensee and Licensor may be collectively
referred to as the “Parties” or individually as a “Party.” The Terms set forth
in this Agreement governs Your purchase and use of the Services and Licensed
Materials (as defined herein, respectively) and shall be effective at the time
and in the manner as described herein (“Effective Date”).



Except with IntelStor’ prior written consent, You may not access the Services or
Licensed Materials if You directly compete with IntelStor’ business in any
material way. You may not access the Services or Licensed Materials for purposes
of monitoring the availability, performance, or functionality of the Services or
Licensed Materials, or for any other benchmarking or competitive purposes as
related to IntelStor’ business.

 

1. DEFINITIONS

 

“Confidential Information” means any information disclosed (in each case, by or
on behalf of, a Party) in the course of this Agreement or applicable Order Form
that is, or should be reasonably understood to be, confidential to a Party,
including, without limitation, the terms of this Agreement and applicable Order
Form(s), the Services and Licensed Materials (including Downloaded Content, as
defined herein), as well as financial, business, and technical plans and
strategies, pricing information, inventions, and new products, services, and
technologies of either Party. Confidential Information does not include
information that the recipient already rightfully knew, that becomes public
through no fault of the recipient, that was independently developed by the
recipient, or that was lawfully given to the recipient by a third party who was
under no obligation of confidentiality.

 

“License” means a current and valid license to access or use the Services, and
which may include, but is not limited to, purchased subscription to the Services
for one or more Users associated with a Team License, a trial subscription to
the Services granted for one or more Users associated with a Licensee, or any
other valid and authorized right/license as permitted by Licensor.

 

“Licensee” or “You” or “Your” means the company or other legal entity which
holds a License for the Services. For purposes of this agreement, Licensee also
refers to and incorporates the authorized Users associated with a Team License
or other such authorized License.

 

"Licensee Data" means all electronic data or information submitted by Licensee
to the Services.

 

“Licensed Materials” means all the content and data and reports, including
without limitation, metrics, calculations, text, research, ratings, rankings,
opinions, photographs, video, audio, graphics, tools, analytics, functionality,
products and information displayed and/or otherwise provided by the Services.



"Licensor" means IntelStor, LLC, the company described in Sections 2 and 11
(respectively with Whom You Are Contracting, and for the purpose of Notices,
Governing Law and Jurisdiction).

 

"Order Form" means the ordering documents for purchases of the Services
hereunder, including addenda thereto, that are made by and between Licensee and
Licensor from time to time and which detail, among other things, the Services,
Business Groups, User limits, usage limitations, and pricing during a
subscription term. Order Forms shall be deemed incorporated herein by reference.

 

"Services" means any of the paid or trial subscriptions to various online,
web-based applications, API, data feeds, software, materials, data downloads and
plugins as well as certain standalone or recurring research services or reports
provided by IntelStor directly or via certain websites owned and operated by
IntelStor (such websites collectively referred to as the “Website”) as well as
the Licensed Materials contained therein, as applicable.

 

“Team” or “Team License” means a group of Users that are part of a business
department or functional group within an organization which has access to the
Services under a valid License.

 

"Third-Party Applications" means optional, Web-based applications and offline
software products or data that are provided by third parties and which Licensee
may elect to install for use with the Services (for example Salesforce), and
which are not required to use the Services, but interoperate with the Services.

 

“User” or "Users" means an individual or individuals who are authorized by
Licensee to use the Services, for whom subscriptions to a Service have been
purchased, and who have been supplied user identifications and passwords by
Licensee (or by Licensor at Licensee’s request). Users are limited to Licensee’s
employees, contractors and agents who have a valid business relationship and
email address with Licensee’s organization.

 

2. PURPOSE, RIGHTS, AND LICENSE



2.1. Provision of Services and Subscriptions



Licensor shall make the Services available to Licensee pursuant to this
Agreement and/or the relevant Order Form or other ordering documentation during
the duration of the subscription (“Subscription Term”). To subscribe to the
Services, Licensee must accept an Order Form or other such ordering
documentation. The terms of this Agreement are applicable to, and form an
integral part of such Order Forms, which will identify the License and Services
to be provided, the Subscription Term, and applicable fees for the Subscription
Term. Unless expressly stated otherwise in an Order Form signed by both Parties,
in the event of a conflict between this Agreement and an Order Form, this
Agreement will control. Executing the Order Form and/or submitting payment
thereunder constitutes acceptance and agreement by Licensee to subscribe to the
Services in accordance with the terms of this Agreement. Licensor expressly
rejects any additional or different terms, including but not limited to terms
added or appended to this Agreement or the Order Form by Licensee, unless agreed
to in writing by both Parties. The individual executing this Agreement and/or
the relevant Order Form on behalf of Licensee represents and warrants that they
do so with the authority to bind Licensee by executing and submitting such
documents. Once the terms of this Agreement have been applicable to an Order
Form between Licensee and IntelStor, then Licensee is deemed to have consented
in advance to the applicability of the terms of this Agreement for Order Forms
to be entered into thereafter.



2.2. License Grant



Licensor grants to Licensee a nonexclusive, nontransferable, and limited license
to use the Licensed Materials only as expressly permitted herein and any
applicable Order Form. The Services are solely and exclusively for Licensee’s
use and shall not be used for any illegal purpose or in any manner inconsistent
with the provisions of the terms of this Agreement or the applicable Order Form.
Except as expressly provided herein or in any applicable Order Form, Users may
use the Services, including any Licensed Materials contained therein, solely in
the regular and ordinary course of Licensee’s business and for internal use
only. Licensee further agrees that its purchases hereunder are neither
contingent on the delivery of any future functionality or features nor dependent
on any oral or written public comments made by Licensor regarding future
functionality or features.

 

2.3. Team Access and Business Groups



Unless otherwise specified in an Order Form, the number of authorized Users that
shall have access to the Services pursuant to a License is limited to
individuals that are part of the same business department or functional group
within a Licensee’s organization (the “Business Group”). The applicable Order
Form will describe the License(s) and specifically identify and list the
particular Business Group and total number of authorized Users (“User Limit”).
For each License, only Users who are a member of the designated Business Group
may access the Services. Licensee may switch Users under a License, provided
that (i) the number of Users does not exceed the User Limit, and (ii) new Users
are members of the same Business Group designated as such in the applicable
Order Form. Violation of the restrictions set forth herein, which shall include
sharing User IDs (as defined here) with any unauthorized individuals, will be
considered a material breach of this Agreement and cause for termination of this
Agreement and/or the applicable Order Form or result in fees up-to-ten percent
(10%) of fees paid for such License per violation (“Overage Fees”). The rights
granted in a License are granted only to Licensee, and do not extend to
Licensee’s shareholders, parents, subsidiaries, affiliates or other related
entities or individuals not included in the definition of Licensee on the Order
Form. Such related affiliates must execute a separate Order Form in order to use
the Services and Licensed Materials.

 

2.4. Submissions



Certain portions of the Services may provide user-generated features that permit
Users to upload, submit, store, send, or receive certain content in addition to
the Licensed Materials (“Submissions”). As between IntelStor and Licensee,
Licensee shall own and be responsible for all Submissions to the extent such
Submissions are not Licensed Materials or other proprietary property of
IntelStor. Subject to this Agreement and any applicable Order Form, Licensee
grants Licensor a worldwide, non-exclusive, limited term license to access, use,
process, and display Submissions, but only as reasonably necessary to: (i)
provide and improve the Services to and for Licensee; (ii) address and resolve
any security, support or technical issues; (iii) disclose certain information as
required or compelled by applicable law; and (iv) act as expressly permitted in
writing by Licensee. Licensee certifies and warrants that the Submissions shall
further comply with the terms set forth herein and further acknowledges and
agrees that any such Submissions do not create any new or alter any existing
relationship between the Parties. Licensor reserves the right to remove any such
Submissions which, in Licensor’s sole discretion, violate the terms of this
Agreement.

 

2.5. Deliverables



To the extent any or a portion of the Licensed Materials, as mutually agreed
upon in an applicable Order Form, are to be delivered to or requested by the
Licensee at or during fixed, calendar intervals during a Subscription Term (for
example, quarterly research materials), such designated Licensed Materials will
only be delivered during the calendar period as defined in the applicable Order
Form and may not be delivered or requested in subsequent calendar periods unless
agreed in writing by both Parties or through a new Order Form. Licensee agrees
and acknowledges that it waives its right to any specific, designated Licensed
Materials due in a certain calendar period if such delivery is contingent on
Licensee's participation or request and Licensee fails to participate or request
the same in a timely or sufficient manner necessary for delivery.

 

2.6.1. Authorized Use

 

Subject to the terms set forth in this Agreement, Licensee is permitted to:

 

A. Download and/or export select and limited portions of Licensed Materials to a
location or storage device under Licensee’s exclusive control and only for
Licensee’s own internal use (“Downloaded Content”); and



B. Extract, quote and/or distribute such Licensed Materials or Downloaded
Content for an aggregate-level work product (“Reports”), but only internally
(i.e. within Licensee’s organization and not to any third-parties) and only for
Licensee’s own use and in the regular course of work, provided that (i) all such
Licensed Materials displayed shall include a reasonably conspicuous notice as
follows: “© [YEAR] IntelStor, LLC All Rights Reserved” or similar language
reasonably acceptable to Licensor, (ii) Licensed Materials bear the embedded
logo of IntelStor, and that no attempt is made to crop or obfuscate this logo,
and (iii) Licensee shall have no rights to modify Licensed Materials without
Licensor’s consent.



2.6.2. Promotion



Notwithstanding anything to the contrary in Section 2.6.1, Licensee agrees and
acknowledges it will not share or promote any excerpt or distribution of the
Licensed Materials with the media (in any form) without IntelStor’ prior written
consent. Licensee further agrees and acknowledges that the access and
distribution of such Licensed Materials and/or Downloaded Content shall comply,
in all instances, with this Agreement, the relevant Order Form, and any
applicable law.

 

2.7.1. Usage Restrictions



Licensee agrees and warrants that Licensee shall not:



A. Use the Services, Licensed Materials, or Downloaded Content in a manner
contrary to or in violation of any applicable laws;



B. Copy, reproduce, modify, distribute, publicly display, use or disclose the
Services, Licensed Materials, or Downloaded Content, except as expressly
permitted in this Agreement;



C. Sell, license, or commercially distribute the Services, Licensed Materials,
or Downloaded Content to third parties or use as a component of, or as a basis
for, any material offered for sale, license, or commercial distribution,
including using the Licensed Materials as a primary source to create and/or
maintain any market index or database that Licensee publishes or distributes to
third parties;

 

D. Distribute or commercially provide any databases, interfaces, mobile
platforms, or software programs comprising the Services, Licensed Materials, or
Downloaded Content;



E. Share, recompile, decompile, disassemble, reverse engineer, or make or
distribute any other form of, or any derivative work from the Services, Licensed
Materials, or Downloaded Content;



F. Use the Services, Licensed Materials, or Downloaded Content, directly or
indirectly, in any manner that could cause the Services, Licensed Materials, or
Downloaded Content so used to: (i) be a substitute for the Services by a third
party, (ii) affect IntelStor’ ability to realize revenue in connection with the
Services, or (iii) compete with IntelStor’ business;



G. Store or use Licensed Materials or Downloaded Content in an archival file
site, database or other searchable repository except as expressly permitted by
this Agreement or in an applicable Order Form;



H. Post any Submissions that are defamatory, infringing, unlawful, or otherwise
comprised of information that Licensee does not have a right to transmit under
any applicable law, contractual obligations, or fiduciary relationships
(including but not limited to, confidential information or proprietary
information learned from employment or restricted by valid, non-disclosure
agreements); or



I. Upload, post, or otherwise transmit any material that contains software
viruses or any other computer code, files, or programs designed to interrupt,
destroy, or limit the functionality of any computer software or hardware or
telecommunications equipment.



2.7.2. Violations



Notwithstanding anything to the contrary in Section 2.7.1, IntelStor reserves
the right, in its sole discretion, to temporarily or permanently block access to
the Services for violations of such usage restrictions, including the ability to
download or distribute any Licensed Materials, at any time without notice and
effective immediately.



2.8. Licensee Responsibilities



Licensee shall (i) be responsible for Users' compliance with this Agreement;
(ii) use commercially reasonable efforts to prevent unauthorized access to or
use of the Services; (iii) notify Licensor promptly of any known or suspected
unauthorized access or use, and (iv) use the Services in accordance with this
Agreement, applicable laws, and government regulations. Licensee further agrees
that it shall not (a) make the Services available to anyone other than
authorized Users, (b) use the Services to store or transmit infringing,
libelous, or otherwise unlawful or tortious material, or to store or transmit
material in violation of third-party intellectual property or privacy rights,
(c) use the Services to store or transmit “Malicious Code” which includes,
without limitation, any viruses, worms, time bombs, Trojan horses and other
harmful or malicious code, files, scripts, agents or programs, (d) interfere
with or disrupt the integrity or performance of the Services or third-party data
contained therein, or (e) attempt to gain unauthorized access to the Services or
their related systems or networks.

 

2.9. Endorsement



Without Licensee's prior, written approval, Licensor shall not make any
statement that could be interpreted to mean or imply that Licensee in any way
endorses or is associated with Licensor. Notwithstanding the foregoing, if
Licensee or authorized Users agrees to provide a case study or such written or
public endorsement, Licensor is hereby granted an irrevocable, worldwide,
unlimited license to use respective content, likeness, and/or name solely for
purposes of the case study/endorsement. Under no circumstances shall either
Party make any promotional announcements which disclose Confidential Information
of the other Party without the consent of both Parties in writing, which shall
not be unreasonably withheld by the requesting Party.

 

2.10. Third-Party Applications and Licensee Data



Licensee acknowledges and agrees that if Licensee installs or enables optional
Third-Party Applications for use with the Services, that Licensor may provision
such providers of those Third-Party Applications to access Licensee Data as
required for the interoperation of such Third-Party Applications with the
Services. Licensor shall not be responsible for any disclosure, modification or
deletion of Licensee Data resulting from any such access by Third-Party
Application providers, and any such access and use of Licensee Data shall be
subject to the privacy policies of such Third-Party Application provider.
Licensee acknowledges that the Service features that interoperate with optional
third-party APIs or widgets depend on the continuing availability of these APIs
or widgets and program for use with the Services. If these providers cease to
make their API or widgets or program available on reasonable terms for the
Services, Licensor may cease providing such service features without entitling
Licensee to any refund, credit, or other compensation.  For avoidance of doubt,
the Licensee may electively use the Services to restrict Users from installing
or enabling such Third-Party Applications for use with the Services.

 

3. REGISTRATION AND SECURITY



3.1. Registration and User ID Security



Some of the Services require secure login through a unique username and password
(collectively, “User ID”). If Users access the Services using secure User IDs,
Licensee agrees as follows (and shall compel its Users to agree) for purposes of
initial registration and general User ID security: (i) as part of the
registration process which may be necessary to obtain access to the Services,
Licensee shall provide certain truthful registration information to Licensor
(subject to all confidentiality obligations stated herein), with each
registration being for a single User only; (ii) Users shall have access to the
Services during the Subscription Term through the User ID, which may be used by
Users to gain access to the Services only for so long as such Users are
authorized to access and use the Services in accordance with the terms of this
Agreement or the applicable Order Form; and (iii) Licensee agrees to treat the
User ID as confidential and, as to the Users, not to disclose or share such User
ID, either directly or indirectly, to any person other than as directed by
Licensee or permitted by Licensor in writing. Notwithstanding anything to the
contrary stated herein, Licensor shall not be liable to Licensee or any third
person or entity for any loss or damage arising from Licensee’s failure to
comply with these security requirements. If Licensee intends or directs User to
sell or transfer a device on which the Services are accessed, Licensee agrees to
remove any Licensed Materials and delete all internet files (i.e. cookies)
obtained by or through use of the Services that are stored on such device.

 

3.2. Audit and Monitoring



Subject to any confidentiality obligations contained herein or in an applicable
Order Form, IntelStor reserves the right to audit and monitor the use of the
Services to ensure compliance with the terms of this Agreement and to maintain
and improve the provision of the Services. Additionally, upon thirty (30) days
written notice, Licensor may audit Licensee’s use of the Services for compliance
purposes relating to Sections 2 and 3 of this Agreement, particularly regarding
User ID and Business Group compliance. Licensee agrees to cooperate with
Licensor’s audit and provide reasonable assistance and access to information.
Licensee agrees to pay within thirty (30) days of written notification any
applicable Overage Fees. Failure to pay any required Overage Fees can result in
the end of technical support or termination of Licenses and/or this Agreement.
Licensee agrees that Licensor shall not be responsible for any of Licensee’s
costs incurred in cooperating with the audit.



4. FEES AND PAYMENT FOR PURCHASED SERVICES



4.1. Fees



Licensee shall pay all fees specified in all applicable Order Forms hereunder.
Except as otherwise specified herein or in an Order Form, fees: (i) are quoted
and payable in United States dollars, (ii) are based on Services purchased and
not actual usage, (iii) are noncancelable and nonrefundable, and (iv) cannot be
decreased during the relevant subscription term stated on the Order Form.



4.2. Invoicing and Payment

 

Use of the Services is subject to timely payment by Licensee for all fees
required by, and in the manner described under, the applicable Order Form.
Licensee agrees to provide IntelStor with (i) complete and accurate billing and
contact information; (ii) if applicable, valid and updated credit card
information; (iii) if required, a valid purchase order; or (iv) if necessary,
alternative documentation reasonably acceptable to IntelStor. If Licensee
provides credit card information to IntelStor, Licensee authorizes IntelStor to
charge such credit card for the Services listed in the applicable Order Form for
the Subscription Term and any renewal subscription terms. Such charges shall be
made in advance, in accordance with the billing frequency stated in the
applicable Order Form. If Licensee requires the generation of a valid purchase
order, Licensee acknowledges and agrees to use reasonable efforts to generate
the purchase order within thirty (30) days after acceptance of an applicable
Order Form. If the Order Form specifies that payment will be by a method other
than a credit card, IntelStor will invoice Licensee annually in advance and
otherwise in accordance with the relevant Order Form. Unless otherwise stated in
the Order Form, invoiced charges are due in full within thirty (30) days from
the invoice date. Licensee is responsible for maintaining complete and accurate
billing and contact information, and notifying Licensor as to any changes.



4.3. Overdue Charges

 

If any charges are not received from Licensee by the due date, then at
Licensor’s discretion, (a) such charges may accrue late interest at the rate of
10% of the outstanding balance per month, or the maximum rate permitted by law,
whichever is lower, from the date such payment was due until the date paid,
and/or (b) Licensor may condition future subscription renewals and Order Forms
on payment terms shorter than those specified in Section 4.2 (Invoicing and
Payment).

 

4.4. Suspension of Service and Acceleration



If any amount owing by Licensee under this or any other applicable Order Form
for IntelStor services is thirty (30) or more days overdue (or 10 or more days
overdue in the case of amounts Licensee has authorized Licensor to charge to
Licensee’s credit card), Licensor may, without limiting any other of Licensor’s
rights and remedies, accelerate Licensee’s unpaid fee obligations so that all
such obligations become immediately due and payable, and suspend provision of
the Services until such amounts are paid in full.



4.5. Taxes



Unless otherwise stated, Licensor fees do not include any taxes, levies, duties
or similar governmental assessments of any nature, including but not limited to
value-added, sales, use or withholding taxes, assessable by any local, state,
provincial, federal or foreign jurisdiction (collectively, "Taxes"). Licensee is
responsible for paying all Taxes associated with purchases hereunder. To the
extent Licensor has any legal obligation to pay or collect Taxes for which
Licensee is responsible under this paragraph, the appropriate amount shall be
invoiced to and paid by Licensee, unless Licensee provides Licensor with a valid
tax exemption certificate authorized by the appropriate taxing authority.



5. PROPRIETARY RIGHTS



5.1. Reservation of Rights



The Services are proprietary and are protected by copyright and other laws
respecting proprietary rights and intellectual property. IntelStor retain all
rights in the Services, including all copyright and other proprietary rights
worldwide. Except as expressly provided herein or in an applicable Order Form,
use of the Services shall in no way be construed as conferring on Licensee,
User, or any third party, any license or right, by implication, estoppel or
otherwise, under any law, rule or regulation including, without limitation those
related to copyright or other intellectual property rights. Licensee
acknowledges and agrees that Licensee and Users have no ownership rights in or
to the Services, or the Licensed Materials contained therein, and that no such
rights are granted hereunder. Except as provided in an applicable Order Form,
the granting of any license herein does not affect the ownership of any Licensed
Materials, whether tangible or intangible, and, unless expressly stated
otherwise in an Order Form signed by both Parties, none of the Licensed
Materials accessed through the Services shall be considered a “Works Made for
Hire” as defined by the copyright laws of the United States.

 

5.2. Intellectual Property



Licensee acknowledges and agrees that the Services and Licensed Materials are
and have been developed, compiled, prepared, revised, selected, and arranged by
Licensor and any applicable partners or affiliates through the application of
methods and standards of judgment developed and applied through the expenditure
of substantial time, effort, and money and constitutes valuable intellectual
property of IntelStor. Licensee shall comply with all reasonable requests made
by IntelStor to protect their contractual, statutory, and common law rights in
the Services and Licensed Materials. All present and future rights in and title
to the Services and Licensed Materials (including the right to exploit the
Services and any portions of the Services over any present or future technology)
are reserved to Licensor for its exclusive use.

 

5.3. Feedback



If Licensee provides IntelStor with any ideas, comments or suggestions relating
to the Services or Licensed Materials (“Feedback”), IntelStor retains all rights
in that Feedback, and anything created as a result (including new Licensed
Materials or any derivative works) are owned solely by IntelStor. For avoidance
of doubt, none of Licensee’s intellectual property or Confidential Information
shall be considered Feedback.



6. CONFIDENTIALITY



6.1. Confidential Information



Neither Party will disclose the other Party’s Confidential Information, except
to its employees, agents, or professional advisors who need to know it and who
have agreed in writing to keep it confidential. The recipient will ensure that
those people and entities use the Confidential Information only to exercise the
rights and fulfill the obligations set forth in this Agreement or applicable
Order Form and in accordance with the confidentiality obligations applicable to
the recipient’s performance under this Agreement. The recipient may also
disclose Confidential Information to the extent required by a valid order of a
court or other governmental body that has jurisdiction over the recipient;
provided that the recipient uses commercially reasonable efforts to: (i)
promptly notify the disclosing Party of such legal request before making any
disclosure; and (ii) comply with the disclosing Party’s reasonable requests to
oppose or limit the disclosure (at no cost to the recipient). If no such
protective order or other remedy is sought or obtained pursuant to this Section
6, the recipient may disclose only that portion of Confidential Information that
it is legally required to disclose and will use reasonable efforts to ensure
that the Confidential Information disclosed will be accorded confidential
treatment.

 

6.2. Obligations



Licensee agrees to safeguard the Services, Licensed Materials (including
Downloaded Content) and User IDs against unauthorized use or disclosure with
means at least as stringent as those it uses to safeguard Licensee’s own
Confidential Information, and in no event with less than reasonable means.
IntelStor shall use commercially reasonable efforts to keep confidential the
information Licensee enters into the Services, provided that this obligation
shall not apply to any information that: (i) Licensee provides in connection
with another service, function or product of IntelStor or its affiliates, or
other agreement between Licensee and IntelStor or its affiliates; (ii)
previously resided, on a non-confidential basis, in the Services directly
relating to information entered by Licensee in the Services; (iii) becomes
generally known or available to the public or is disclosed without restriction
in published materials or is disclosed, not due to a breach of any
confidentiality obligations upon IntelStor or its affiliated entities; (iv) is
known to IntelStor or its affiliated entities at the time of disclosure by
Licensee; (v) IntelStor or its affiliated entities obtains from a third party or
a source other than Licensee which is not known to IntelStor or its affiliated
entities to be subject to confidentiality; (vi) Licensee instructs IntelStor or
its affiliated entities to disclose; or (vii) IntelStor or its affiliated
entities are legally required to disclose.



6.3. Disposal

 

Notwithstanding anything to the contrary herein, upon the termination or
expiration of this Agreement and/or applicable Order Form, or upon the request
of IntelStor, Licensee will immediately and securely destroy or return all such
Confidential Information of IntelStor in Licensee’s possession.



6.4. Injunction for Breach of Confidentiality



Licensee acknowledges and agrees that in the event of any breach of the
confidentiality obligations of this Agreement by Licensee, IntelStor could
suffer irreparable harm and injury and no remedy at law may afford it adequate
protection against, or appropriate compensation for, such injury. Accordingly,
Licensee agrees that in any such event, IntelStor will be entitled, in addition
to all other potential rights and remedies available to it, to immediate
injunctive relief as may be granted by a court of competent jurisdiction.



6.5. Protection of Licensee Data



IntelStor collects and uses certain electronic data or information submitted by
Licensee to the Services for purposes of providing, maintaining, and improving
the Services for Licensee, and in accordance with the terms of the IntelStor
privacy policy which is hereby incorporated by reference.



7. WARRANTIES AND DISCLAIMERS



7.1. Warranties



Each Party represents and warrants that it has the legal power to enter into
this Agreement. Licensee represents and warrants that Licensee will not transmit
to Licensor any Malicious Code.



7.2. Disclaimer



EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICES AND LICENSED MATERIAL ARE
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NONE OF INTELSTOR, INTELSTOR’
AFFILIATES, AND INTELSTOR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR
AGENTS (COLLECTIVELY THE "INTELSTOR PARTIES") GUARANTEES THE ACCURACY,
COMPLETENESS, TIMELINESS, RELIABILITY, SUITABILITY, OR USEFULNESS OF ANY PORTION
OF THE SERVICES OR LICENSED MATERIALS. NONE OF THE INTELSTOR PARTIES WARRANT
THAT THE SERVICES OR LICENSED MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE OR
THAT THE SERVICES, WEBSITE AND/OR ITS SERVER(S), OR ANY FILES AVAILABLE FOR
DOWNLOADING THROUGH THE SERVICES ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL
ELEMENTS. LICENSEE EXPRESSLY AGREES THAT THE ENTIRE RISK AS TO THE QUALITY AND
PERFORMANCE OF THE SERVICES AND THE ACCURACY, TIMELINESS OR COMPLETENESS OF THE
LICENSED MATERIALS IS ASSUMED SOLELY BY LICENSEE. NONE OF THE INTELSTOR PARTIES
MAKE ANY, AND HEREBY SPECIFICALLY DISCLAIM ALL REPRESENTATIONS, ENDORSEMENTS,
GUARANTEES, AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICES OR
LICENSED MATERIALS INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND
NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. LICENSEE’S SOLE AND EXCLUSIVE REMEDY FOR
DISSATISFACTION WITH THE SERVICES OR LICENSED MATERIALS IS TO STOP USING THE
SERVICES. INTELSTOR PARTIES DO NOT AGREE TO ANY OBLIGATIONS OF CONFIDENTIALITY,
NONDISCLOSURE OR NONUSE, EXCEPT AS EXPLICITLY PROVIDED HEREIN, IN AN APPLICABLE
ORDER FORM, AND/OR IN THE INTELSTOR PRIVACY POLICY.



7.3. No Professional Advice

 

NONE OF THE SERVICES OR PROVISION OF LICENSED MATERIALS CONSTITUTES ACTUAL
INVESTMENT ADVICE OR OTHER PROFESSIONAL ADVICE, OPINION, OR RECOMMENDATION BY
LICENSOR. LICENSOR DOES NOT CLAIM TO BE AND IS NOT A BROKER, DEALER OR
INVESTMENT ADVISOR AND NOTHING HEREIN SHALL CONSTITUTE A SALE OR OFFER TO BUY,
SELL, OR RECOMMEND ANY SECURITIES OR COMPANIES. LICENSEE MAKES THEIR OWN
INVESTMENT DECISIONS BASED UPON THEIR PERSONAL DUE DILIGENCE, INVESTIGATION AND
OTHER PERSONAL INVESTMENT CRITERIA. LICENSEE ASSUMES ALL RESPONSIBILITIES AND
OBLIGATIONS WITH RESPECT TO ANY DECISIONS, ADVICE, CONCLUSIONS, INVESTMENT
STRATEGIES, OR RECOMMENDATIONS MADE OR GIVEN AS A RESULT OF THE USE OF THE
SERVICES OR LICENSED MATERIALS, INCLUDING WITHOUT LIMITATION ANY DECISION MADE
OR ACTION TAKEN BY LICENSEE IN RELIANCE UPON THE SERVICES OR LICENSED MATERIALS.
AS A CONDITION TO LICENSEE’S USE OF THE SERVICES AND LICENSED MATERIALS,
LICENSEE HEREBY WAIVES AND RELEASES ANY AND ALL CLAIMS, CAUSES OF ACTION OR
OTHER RIGHTS THAT LICENSEE MIGHT HAVE AGAINST LICENSOR ARISING OUT OF OR
RELATING TO THE REVIEW OF ANY LICENSED MATERIALS MADE AVAILABLE THROUGH THE
SERVICES.



7.4. Third-Party Communications

 

Licensor disclaims all liability for any third-party communication Licensee may
receive or any actions Licensee may take or refrain from taking as a result of
any communication directed to Licensee from any third party directly or
indirectly in connection with the Services provided herein (“Third-Party
Communication”). Licensee is solely responsible for assessing and verifying the
identity and trustworthiness of the source and content of any Third-Party
Communication. Licensor assumes no responsibility for verifying, and makes no
representations or warranties regarding, the identity or trustworthiness of the
source or content of any Third-Party Communication.

 

8. INDEMNIFICATION



8.1. Indemnification



Licensee agrees to indemnify, defend, and hold the IntelStor Parties harmless,
including costs and reasonable attorneys' fees, from any claim or demand made by
any third-party due to or arising out of (i) Licensee’s access to or use of the
Services or Licensed Materials, (ii) Licensee’s violation of the terms of this
Agreement, or (iii) the infringement by Licensee, including any unauthorized use
of Licensee’s account, of any intellectual property or other right of any person
or entity. The indemnifying party reserves the right, at the indemnifying
party’s expense, to assume the exclusive defense and control of any matter for
which the indemnifying party is required to indemnify the indemnified party and
the indemnifying party agrees to cooperate with the indemnifying party’s defense
of these claims. The indemnifying party agrees not to settle any matter without
the prior written consent of the indemnified party. IntelStor shall promptly
notify Licensee of any claim for which indemnification is sought, following
actual knowledge of such claim, provided however that the failure to give such
notice shall not relieve Licensee of its obligations hereunder except to the
extent that Licensee is materially prejudiced by such failure. In the event that
any third-party claim is brought, Licensee shall have the right and option to
undertake and control of the defense of such action with counsel of its choice,
provided however that IntelStor may undertake and control of such defense in the
event of the material failure of Licensee to undertake and control the same.
IntelStor shall not consent to judgment or concede or settle or compromise any
claim without the prior written approval of Licensee (which approval shall not
be unreasonably withheld).

 

9. LIMITATION OF LIABILITY



9.1. Limitation of Liability

 

EXCEPT FOR LICENSOR’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, IN NO EVENT SHALL
LICENSOR’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT,
INCLUDING THE USE OR INABILITY TO USE THE SERVICES, OR LICENSEE’S FAILURE TO
PERFORM RESEARCH OR OTHER RELATED WORK PROPERLY OR COMPLETELY (EVEN IF ASSISTED
BY LICENSOR),  WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY,
EXCEED THE TOTAL AMOUNT PAID BY LICENSEE HEREUNDER IN THE TWELVE (12) MONTHS
IMMEDIATELY PRECEDING THE INCIDENT.



9.2. Exclusion of Consequential and Related Damages



IN NO EVENT SHALL LICENSOR BE LIABLE TO LICENSEE FOR ANY LOST PROFITS OR
REVENUES OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR
PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER
THEORY OF LIABILITY, AND WHETHER OR NOT LICENSOR HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR
EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. NOTWITHSTANDING
THE FOREGOING, THIS AGREEMENT SHALL NOT LIMIT ANY LIABILITY FOR DEATH OR
PERSONAL INJURY DIRECTLY RESULTING FROM NEGLIGENCE IF AND TO THE EXTENT SUCH
LIMITATION WOULD VIOLATE APPLICABLE LAW. NO ACTION, REGARDLESS OF FORM, ARISING
OUT OF OR PERTAINING TO THE SERVICES MAY BE BROUGHT BY LICENSEE MORE THAN 10
DAYS AFTER THE CAUSE OF ACTION HAS ACCRUED.



9.2.1. Jurisdictions with no Limitation for Incidental or Consequential Damages

 

SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION SHALL
NOT APPLY TO THE RECIPIENT FOR USE ONLY IN THAT JURISDICTION.  THIS AGREEMENT
SHALL CONSTITUTE THE ENTIRETY OF RIGHTS AFFORDED TO THE RECIPIENT WHICH ARE NOT
EXPLICITLY PROVIDED FOR BY APPLICABLE LAW IN JURISDICTIONS WHICH DO NOT ALLOW
FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES.

 

10. TERM AND TERMINATION



10.1. Term of Agreement



Unless terminated earlier as permitted herein, this Agreement commences on the
Effective Date and continues for three (3) years or until all Order Forms
subject to this Agreement have expired or terminated.



10.2. Term of Purchased Services

 

Subscriptions Terms shall be as specified in an applicable Order Form.
Subscription Terms will automatically renew for additional subscription periods
equal to the expiring Subscription Term, unless either Party provides written
notice of non-renewal at least ninety (90) days prior to the end of the relevant
Subscription Term. Pricing for a License during any renewal term may increase by
up to seven percent (7%) above the applicable pricing in the prior Subscription
Term to the current per-unit list pricing, unless Licensor provides Licensee
with notice of different pricing at least thirty (30) days prior to the
applicable renewal term. Except as expressly provided in an applicable Order
Form, renewal of any promotional or one-time priced Licenses may be priced at
the certain list price in effect at the time of the applicable renewal.



10.3. Termination for Cause



A Party may terminate this Agreement for cause: (i) upon thirty (30) days
written notice to the other Party of a material breach if such breach remains
uncured at the expiration of such period, or (ii) if the other Party becomes the
subject of a petition in bankruptcy or any other proceeding relating to
insolvency, receivership, liquidation or assignment for the benefit of
creditors. Additionally, Licensor may terminate this Agreement at any time upon
notice to Licensee if Licensee invests in or builds a service that is
competitive to any of Licensor’s services.



10.4. Effects of Termination

 

Upon termination of this Agreement for any reason, Licensee shall (and shall
ensure that all Users) immediately cease accessing and using the Services and
Licensed Materials, and Licensee must delete and destroy all copies of Licensed
Materials stored on Licensee systems or that is otherwise in Licensee’s
possession or under Licensee’s control. Licensee may, however, retain Licensed
Materials in aggregate form that is included in Reports that were created in
accordance with the terms of this Agreement prior to the effective date of
termination.



10.5. Payment upon Termination



Upon any termination for cause by Licensor, Licensee shall pay any unpaid fees
covering the remainder of the term of all Order Forms after the effective date
of termination. In no event shall any termination relieve Licensee of the
obligation to pay any fees payable to Licensor for the period prior to the
effective date of termination.



10.6. Surviving Provisions



Section 4 (Fees and Payment for Purchased Services), 5 (Proprietary Rights), 6
(Confidentiality), 7 (Warranties and Disclaimer), 8 (Indemnification), 9
(Limitation of Liability), 10.4 (Effects of Termination), 10.5 (Payment upon
Termination), 11 (Notices, Governing Law and Jurisdiction), 12 (General
Provisions), and this Section 10.6 shall survive any termination or expiration
of this Agreement.

 

11. NOTICES, GOVERNING LAW AND JURISDICTION



11.1. Notices

 

Licensee acknowledges it is contracting with the following entity under this
Agreement, and should direct notices under this Agreement to:

 

IntelStor, LLC

Attn: Legal Department

1001 Texas Avenue, Suite 1400

Houston, TX 77002 USA

 

11.2. Manner of Giving Notice



Except as otherwise specified in this Agreement or an applicable Order Form, all
notices, permissions and approvals hereunder shall be in writing and shall be
deemed to have been given upon: (i) personal delivery, (ii) the second business
day after mailing, (iii) the second business day after sending by confirmed
facsimile, (iv) the first business day after sending by email, or (v) by posting
on the Website, if applicable. Notices to Licensee shall be addressed to the
system administrator designated by Licensee for all relevant Services account,
and in the case of billing-related notices, to the relevant billing contact
designated by Licensee.



11.3. Governing Law



This Agreement shall be governed by and construed in accordance with the laws of
the State of Texas, without giving effect to its principles or rules of conflict
of laws to the extent such principles or rules are not mandatorily applicable by
statute and would require or permit the application of the laws of another
jurisdiction, as to all matters, including but not limited to matters of
validity, construction, effect, performance and remedies. Each Party consents to
the exclusive jurisdiction and venue in the Texas state courts located in the
County of Harris and in the federal courts located in the Southern District of
Texas.



12. GENERAL PROVISIONS



12.1. Export Compliance



Each Party shall comply with the export laws and regulations of the United
States and other applicable jurisdictions in providing and using the Services.



12.2. Relationship of the Parties



The Parties are independent contractors. This Agreement does not create a
partnership, franchise, joint venture, agency, fiduciary or employment
relationship between the parties.



12.3. No Third-Party Beneficiaries



Except for any of Licensor’s third-party suppliers and licensors, as applicable,
there are no third-party beneficiaries to this Agreement.



12.4. Waiver and Cumulative Remedies



No failure or delay by either Party in exercising any right under this Agreement
shall constitute a waiver of that right. Other than as expressly stated herein,
the remedies provided herein are in addition to, and not exclusive of, any other
remedies of a party at law or in equity.



12.5. Severability



If any provision of this Agreement is held by a court of competent jurisdiction
to be contrary to law, the provision shall be modified by the court and
interpreted so as best to accomplish the objectives of the original provision to
the fullest extent permitted by law, and the remaining provisions of this
Agreement shall remain in effect.



12.6. Assignment



Licensee may not assign any rights or obligations hereunder, whether by
operation of law or otherwise, without the prior written consent of Licensor. 



12.7. Entire Agreement



This Agreement, including all Order Forms, constitutes the entire agreement
between the Parties and supersedes all prior and contemporaneous agreements,
proposals or representations, written or oral, concerning its subject matter. No
modification, amendment, or waiver of any provision of this Agreement shall be
effective unless in writing and either signed or accepted electronically by the
Party against whom the modification, amendment or waiver is to be asserted.
However, to the extent of any conflict or inconsistency between the provisions
in the body of this Agreement and any Order Form, the terms of this Agreement
shall prevail unless expressly stated otherwise in the Order Form.
Notwithstanding any language to the contrary therein, no terms or conditions
stated in Licensee’s purchase order or other order documentation shall be
incorporated into or form any part of this Agreement, and all such terms or
conditions shall be null and void.


Data Protection

DATA PROTECTION POLICY

 

1. General Remarks



This data protection policy informs the users of this website about the
collection, processing or use of personal data by the service provider and its
data processors during the use of this website on the basis of applicable data
protection laws. It is not intended to establish a consent by the user.



2. Collection, Processing and Use of Basic User Data

 

If you use external links which are provided on our website, this data
protection declaration does not apply to these links. Please consult the data
protection policies provided on the websites of such external providers about
data processing on such websites. Collection, processing and use of basic user
data.



You are not required to disclose personal data including identifiers like your
name, address, telephone number and email address in order to use our website.

 

In certain cases, however, we need your name, address and further details in
order to be able to provide a service that you have requested (e.g. if you
request information materials, order goods or have individual inquiries). In
such case you will have to explicitly insert such information into a form
provided on our website.

 

It is up to you whether you supply this information, but you may not make use of
the service if mandatory information is missing. If we ask you for further data,
this is given voluntarily and marked as such. Personal data is only processed in
order to provide the service requested and for our own justified business
interests.

 

3. Collection, Processing and Use of Usage Data

 

When using our websites, the following data is automatically transmitted to our
server and stored for organizational and technical reasons to provide the
services of our website: the names of the webpages you selected, the browser you
used and your operating system; date and time of access; search engines used;
names of downloaded files and your IP address.

 

We analyze this technical data by using pseudonyms and purely for statistical
purposes in order to be able to optimize our internet presence constantly and
make our internet provision even more attractive. This data is stored separately
from other personal information on secure systems and not connected with your
personal identifiers (to the extent submitted to us). No conclusions are drawn
about individual persons. You are entitled to object to such pseudonymous use by
informing us under info@itelstor.com, in which case we will delete all data on
you.

 

4. Cookies

 

When you visit one of our webpages, we may file information on your computer in
the form of a cookie. Cookies are small text files which are sent by a web
server to your browser and stored on the hard disk of your computer.

 

Apart from the internet protocol address no personal data concerning the user is
stored. We only use session cookies or other cookies that are required to
provide a service requested by you. As an example, this information serves to
recognize you automatically when you visit sub-websites or our website and to
make navigation easier for you. Cookies allow us to adapt a website to your
interests or – to the extent required – to save your password so that you do not
need to enter it again each time.

 

You can view our websites without cookies. If you do not want us to recognize
your computer you can prevent cookies being stored on your device by selecting
“do not accept cookies” in your browser settings. Please see your browser
manufacturer’s instructions for more details on how to do this. However, not
accepting cookies may limit the functions our website offers.

 

5. Users Rights

 

You have the right to request information about the data which we store about
you, to correct any information and have incorrect data deleted. In order to
exercise these rights, please send an email to info@intelstor.com.

 

6. Google Analytics

 

Our website uses Google Analytics, a web analysis service provided by Google
Inc. (“Google”). Google Analytics also uses so-called “cookies” (see already
above), text files which are stored on your computer and enable an analysis of
the use of the website. The information generated by the cookie on your use of
this website is transmitted to a Google server in the USA and stored there. The
information does not contain any personal data and will not be used to identify
you. In particular, your IP address will not be saved completely but rather
anonymized by deleting the last digits of the IP address. Google uses this
information to analyze your use of the website in order to compile reports on
website activities for us and provide further services connected with website
and Internet use. Google will pass this information on to third parties if this
is required by law or if third parties process this information on Google’s
behalf. Under no circumstances will Google create a connection between your IP
address and other data stored by Google. You can revoke your given consent into
the use of Google Analytics with future effect and prohibit the future
collection and storage of data at any time by either writing to us at the
address above, deleting all cookies and deactivating the future saving of
cookies by using the respective settings on the browser you are using or by
using Google Analytics’s deactivation add-on
(http://tools.google.com/dlpage/gaoptout?hl=en) if this is available for your
browser.


Privacy

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Please complete our NDA form to get a link to our pricing



Are you already an IntelStor™ subscriber?

Launch IntelStor™

PRIVACY POLICY

 

1. Introduction



IntelStor LLC provides an information platform through a Software as a Service
(SaaS) model. At IntelStor LLC the privacy and security of our customers and
visitors are of paramount importance. IntelStor LLC is committed to protecting
the data you share with us. This privacy policy explains how IntelStor LLC
processes information that can be used to directly or indirectly identify an
individual (“Personal Data”) collected through use of its website and platform.



For the purposes of this policy, IntelStor LLC defines the term “User” as an
entity with which IntelStor LLC has an established commercial relationship, the
term “Subscriber” as any individual who receives a daily newsletter powered by
IntelStor LLC or who is included as a contact in a User’s account and the term
“Visitor” as an individual that visits our front-end website (for example
www.intelstor.com).



Any information stored on IntelStor LLC’s platform is treated as confidential.
All information is stored securely and is accessed by authorized personnel only.
IntelStor LLC implements and maintains appropriate technical, security and
organizational measures to protect Personal Data against unauthorized or
unlawful processing and use, and against accidental loss, destruction, damage,
theft or disclosure.

 

2. Collection and Use



2.1. General



The following sections cover the specifics of each of the three groups from
which data is collected: website Visitors, Subscribers and Users.



2.2. Website Visitors



If you are a Visitor to our website only, and not a Subscriber to the daily
newsletter or a User of our platform, then this section is relevant for you.



By visiting this website, you consent to the collection and use of your Personal
Data as described herein. If you do not agree with the terms set out herein,
please do not visit this website. If required by applicable law, we will seek
your explicit consent to process Personal Data collected on this website or
volunteered by you. Kindly note that any consent will be entirely voluntary.
However, if you do not grant the requested consent to the processing of your
Personal Data, the use of this website may not be possible.



IntelStor LLC may collect, record and analyze information of Visitors to its
website. We may record your IP address and use cookies. IntelStor LLC may add
information collected by way of pageview activity. Furthermore, IntelStor LLC
may collect and process any Personal Data that you volunteer to us in our
website’s forms, such as when you register for events or sign up for information
and newsletters. If you provide IntelStor LLC with your social media details,
IntelStor LLC may retrieve publicly available information about you from social
media.



Such Personal Data may comprise your IP address, first and last name, your
postal and email address, your telephone number, your job title, data for social
networks, your areas of interest, interest in IntelStor LLC products, and
certain information about the company you are working for (company name and
address), as well as information as to the type of relationship that exists
between IntelStor LLC and yourself.



IntelStor LLC gathers data about visits to the website, including numbers of
Visitors and visits, Geo-location data, length of time spent on the site, pages
clicked on or where Visitors have come.



2.2.1. Purpose of Processing Personal Data



IntelStor LLC uses the collected data to communicate with Visitors, to customize
content for Visitors, to show ads on other websites to Visitors, and to improve
its website by analyzing how Visitors navigate its website.



2.2.2. Sharing Personal Data



IntelStor LLC may also share such information with service vendors or
contractors in order to provide a requested service or transaction or in order
to analyze the Visitor behavior on its website.



2.2.3. Cookies



Cookies are small pieces of information sent by a website to a Visitor’s hard
disk. Cookies cannot be used to run programs or deliver viruses to your
computer. By continuing to visit the website, you agree to the placement of
cookies on your device. If you choose not to accept our cookies, we cannot
guarantee that your experience will be as fulfilling as it would otherwise be.
We may also place cookies from third parties for functional and marketing
purposes. The use of cookies is widespread and benefits the surfer. For further
information, see IntelStor LLC Cookie Policy.



2.2.4. Links to Other Sites



Please be aware that while visiting our site, Visitors can follow links to other
sites that are beyond our sphere of influence. IntelStor LLC is not responsible
for the content or privacy policy of these other sites.



2.3. Subscribers



Subscribers should be aware that in registering for the daily newsletter, they
could be disclosing information that could make them personally identifiable to
other IntelStor LLC Users. The security and privacy protection implemented on
IntelStor LLC’s platform does not cover this type of transfer or disclosure of
personal information. It is the User’s responsibility to ensure that collection
and processing of data is done in accordance with applicable law. IntelStor LLC
will not process Personal Data of Subscribers for other purposes except to
provide the daily newsletter and for the Subscribers to receive periodic
promotional information regarding IntelStor LLC products and services.



2.3.1. Inquires



If you wish to inquire about your Personal Data that may have been collected in
a IntelStor LLC survey, we recommend that you contact the entity that created or
sent you the survey. As IntelStor LLC is a Processor, it does not control the
Personal Data used or stored in the survey, but processes it on behalf of its
User.



2.4. Users



2.4.1. General

 

In order to provide services to its Users, IntelStor LLC collects certain types
of data from them. Furthermore, IntelStor LLC’s Users collect information from
Subscribers when they produce and distribute surveys. This section will describe
how these two types of data are collected and used by IntelStor LLC as well as
geographical differences that effect this policy. Data entered or transferred
into IntelStor LLC by Users such as texts, questions, contacts, media files,
etc., remains the property of the User and may not be shared with a third party
by IntelStor LLC without express consent from the User.



2.4.2. Collection of User Data



During a User’s registration and later on IntelStor LLC’s platform, they provide
information such as name, company name, email, address, telephone, credit-card
number and other relevant data. This information is used by IntelStor LLC to
identify the User and provide them with support, services, mailings, sales and
marketing actions, billing and to meet contractual obligations.



IntelStor LLC Users can at any time access and edit, update or delete their
contact details by logging in with their username and password to IntelStor
LLC’s platform. IntelStor LLC Users may create more Users with different
privilege levels within their account. It is the responsibility of the User that
creates other User accounts, to choose the level of access each User should
have. Once these new Users log into IntelStor LLC, they meet the definition of
User in this policy. IntelStor LLC will not retain User data longer than is
necessary to fulfill the purposes for which it was collected or as required by
applicable laws or regulations.



2.4.3. Collection of Subscriber Data



Surveys used for gathering feedback are created by Users, who make them
available to relevant businesses, organizations, and individuals. It is the
User’s responsibility to ensure that collection and processing of data is done
in accordance with applicable law. IntelStor LLC will not process Personal Data
for other purposes or by other means than instructed by its Users.



Subscriber data includes data from individuals uploaded, transferred or manually
entered by a IntelStor LLC User into their account for the purpose of providing
feedback to the User by responding to surveys. Personal Data may include,
personal contact information such as name, home address, home telephone or
mobile number, email address, information concerning family, lifestyle and
social circumstances including age, date of birth, marital status, number of
children, employment details, education/qualification, business contact details,
gender, religion, race, health detail and other sensitive Personal Data. Answers
to questions by Subscribers, may also include Personal Data.



The purpose of collecting Personal Data as part of a survey will vary depending
on the survey, as set up by IntelStor LLC’s Users. As IntelStor LLC provides
surveys to a wide group of customers and businesses, the purpose may vary
greatly. For Users in the EEA, or for Users providing surveys to Subscribers in
the EEA, the User will be the “controller”, as defined in the Directive and the
GDPR. The purpose will consequently be defined by IntelStor LLC’s User.



If you or your organization are required under the European Union’s General Data
Protection Regulation (GDPR) to enter into a contract, or other binding legal
act under EU or Member State law, with your data processors, review and accept
IntelStor LLC’s Data Processing Agreement in your IntelStor LLC account.



2.4.4. Geographical Location



IntelStor LLC offers users a data region for Personal Data processing depending
on their declared geographical location at the time of user registration. A
“Data Region” is a set of data centers located within a defined geographical
area where User and Subscriber data is stored. Personal Data is not transmitted
between Data Regions. For Users with accounts located in a country associated
with the European Data Region, all Personal Data is processed in the EEA. For
Users with accounts in any other Data Region, then Personal Data is processed in
the United States of America in accordance with best practices and applicable
laws regarding data retention and processing for Personal Data of USA citizens
as well as foreign nationals.

 

2.4.4.1. Processing in the European Economic Area (EEA)



For Users with accounts located in IntelStor LLC’s European Data Region, all
processing of Personal Data is performed in accordance with privacy rights and
regulations following the EU Directive 95/46/EC of the European Parliament and
of the Council of 24 October 1995 (the Directive), and the implementations of
the Directive in local legislation. From May 25th, 2018, the Directive and local
legislation based on the Directive will be replaced by the Regulations (EU)
2016/679 of the European Parliament and of the Council of 27 April 2016 on the
protection of natural persons with regard to the processing of Personal Data and
on the free movement of such data, known as the General Data Protection
Regulation (GDPR), and IntelStor LLC’s processing will take place in accordance
with the GDPR.



2.4.4.1.1. Controller



IntelStor LLC processes Personal Data both as a Processor and as a Controller,
as defined in the Directive and the GDPR:



The IntelStor LLC entity which you as a User entered an agreement with when
using IntelStor LLC’s platform, will be the Controller for User data, as
outlined above in “Collection of User data” section.



For Subscriber data, as outlined in the “Collection of Subscriber data” section,
the User will be the Controller in accordance with Directive and GDPR, and
IntelStor LLC will be the Processor.

 

IntelStor LLC adheres to the Directive of 1995 and the GDPR from May 25th, 2018.
Consequently, IntelStor LLC processes all data provided by its Users with
accounts in its European Data Region, in the European Economic Area (EEA) only.



All data collected by IntelStor LLC Users through surveys will be stored
exclusively in secure hosting facilities provided by Amazon Web Services.
IntelStor LLC has a data processing agreement in place with its provider,
ensuring compliance with the Directive. All hosting is performed in accordance
with the highest security regulations. All transfers of data internally in the
EEA is done in accordance with this data processing agreement.

 

2.4.4.2. Processing in the United States of America (USA) for Citizens of the
United States of America



For Users with accounts in the IntelStor LLC USA Data Region, IntelStor LLC
processes data solely in data centers located in the USA. IntelStor LLC has
adopted reasonable physical, technical and organizational safeguards which
substantially mirror the EU safeguards against accidental, unauthorized or
unlawful destruction, loss, alteration, disclosure, access, use or processing of
the User’s data in IntelStor LLC’s possession. IntelStor LLC will promptly
notify the User in the event of any known unauthorized access to, or use of, the
User’s data.



All data collected by IntelStor LLC Users through surveys will be stored
exclusively in secure hosting facilities provided by Amazon Web Services.
IntelStor LLC’s contract with its hosting provider ensures that all hosting is
performed in accordance with the highest security regulations. IntelStor LLC’s
policy is to protect and safeguard any personal information obtained by
IntelStor LLC in accordance with United States state or federal laws governing
the protection of personal information and data. Accordingly, IntelStor LLC
adheres to practices and policies that aim to safeguard the data.



2.4.4.3. Processing in the United States of America (USA) for Citizens of Other
Regions besides EEA and USA



For Users with accounts in any other region besides the European Data Region or
citizens of the USA, IntelStor LLC processes data solely in data centers located
in the United States of America. IntelStor LLC has adopted reasonable physical,
technical and organizational safeguards which substantially mirror the EU
safeguards against accidental, unauthorized or unlawful destruction, loss,
alteration, disclosure, access, use or processing of the Users data in IntelStor
LLC’s possession. IntelStor LLC will promptly notify the User in the event of
any known unauthorized access to, or use of, the User’s data.



All data collected by IntelStor LLC Users through surveys will be stored
exclusively in secure hosting facilities provided by Amazon Web Services.
IntelStor LLC’s contract with its hosting provider ensures that all hosting is
performed in accordance with the highest security regulations. Accordingly,
IntelStor LLC adheres to practices and policies that aim to safeguard the data.



3. Retention and Deletion



IntelStor LLC will not retain data longer than is necessary to fulfill the
purposes for which it was collected or as required by applicable laws or
regulations. For Subscriber data, IntelStor LLC’s Users have control of the
purpose for collecting data, and the duration for which the Personal Data may be
kept. For Subscriber data, Users with an active account will therefore have the
responsibility to delete data when required. When a users’s account is
terminated or expired, all Personal Data collected through the platform will be
deleted, as required by applicable law.



4. Acceptance of These Conditions



We assume that all Visitors of our website, Subscribers to the daily newsletter
powered by IntelStor LLC and users of IntelStor LLC’s platform have carefully
read this document and agree to its contents. If someone does not agree with
this privacy policy, they should refrain from using our website and platform. We
reserve the right to change our privacy policy as necessity dictates. Continued
use of IntelStor LLC website and platform after having been informed of any such
changes to these conditions implies acceptance of the revised privacy policy.
This privacy policy is an integral part of IntelStor LLC’s terms of use.



5. Our Legal Obligation to Disclose Personal Information



We will reveal a user’s personal information without his/her prior permission
only when we have reason to believe that the disclosure of this information is
required to establish the identity of, to contact or to initiate legal
proceedings against a person or persons who are suspected of infringing rights
or property belonging to IntelStor LLC or to others who could be harmed by the
user’s activities or of persons who could (deliberately or otherwise) transgress
upon these rights and property. We are permitted to disclose personal
information when we have good reason to believe that this is legally required.



6. For Further Information



If you have any further questions regarding the data which IntelStor, LLC
collects, or how we use it, then please feel free to contact us by email at:
info@intelstor.com, or in writing at:



IntelStor, LLC

Attn: Legal Department

1001 Texas Avenue, Suite 1400

Houston, TX 77002 USA






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