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Terms of use

Acceptance of the Terms of Use

Welcome to the website of Cross Commerce Media, Inc. d/b/a/ Collective[i] (the “Company”, “we” or “us”). These terms and conditions (“Terms of Use”) apply to your access to and use of www.collectivei.com, intelligence.www.collectivei.com, Intelligence.com, themodernsale.com, ciforecast.com, and intelligenceinstitute.com (the “Network”), including any data, content or information on the Network (collectively, “Information”). By using the Network, you accept and agree to be bound by these Terms of Use. If you do not agree, you must refrain from using the Network.

License

Subject to your acceptance of and adherence to these Terms of Use, the Company hereby grants to you a free of charge, non-exclusive, time-limited, non-transferable, non-sublicensable, revocable license to access and use the Network. In turn, you hereby grant to the Company a perpetual, worldwide, non-exclusive, royalty-free license to use, display, modify, publish, republish, distribute and create derivative works based on any and all Information you provide in connection with your use of the Network, and any analysis, statistics and other data generated by or in the Network.

Key Points

The following key points are provided for your convenience and are not intended to supersede any other or more specific terms contained in these Terms of Use.

  • Artificial intelligence cannot replace or override human intelligence. The Intelligence Network is intended to supplement and complement your own knowledge, experience and judgment. Your decisions and actions will always be your own responsibility, and in no event will the Company have any liability for any such decisions or actions, even if influenced by your use of the Network.
  • The Information in the Network originates from its users. That includes you. The Information is constantly changing and may be outdated or incorrect. We make no representations or warranties regarding the completeness or accuracy of the Information. Your use of the Network is at your own risk.
  • The Network is precisely that – a network. This means that your use of and participation in the Network contributes to and is part of it. Your activity in the Network, and that of every other participant, is tracked and generates data that is used to create better insights for the benefit of all users, including you. Once any Information is integrated into the Network and aggregated with other Information, it can be viewed by other permitted users and will remain in the Network subject to the terms of our Privacy Policy. You have no ownership rights to such aggregated Information, or any party thereof, all of which belongs to the Company.
  • The collective depends on the integrity of its members. Because the Network is based on Information provided by its users, it is critical that you participate with care, honesty and accuracy. You may not use the Network for any improper or unlawful purpose, provide incorrect Information, provide or use sensitive personal information, or provide or use anyone else’s confidential information or information that you have no right to provide.

Accessing and Using the Network

By accessing or using the Network, you covenant, agree, represent and warrant as follows:

  • You are of legal age to form a binding contract with the Company.
  • You are not a robot.
  • You are responsible for making all arrangements necessary for you to have access to and use of the Network.
  • You agree to use care in selecting your login information, and that you are responsible for selecting and protecting your password; you agree to change your password from time to time or whenever asked to do so by the Company.
  • You are responsible for ensuring that you are the only person who may access the Network through your account, and that your account login information is confidential and may not be shared with or provided to any other party.
  • You agree to immediately notify the Company of any unauthorized use of your username or password or any other breach of security.
  • You agree not to create, have or use more than one account in the Network.
  • You acknowledge that the Network uses cookies, and agree to allow the placement of cookies on any devices that you use in accessing the Network.
  • Any and all Information that you post to or provide on or through the Network is true and correct, current and complete, and you have the right and authority to provide that Information.
  • You agree that the Company may change, remove or restrict any functions or data sources in the Network in its sole discretion at any time with or without notice.
  • You recognize and agree that, although data within the Network may be presented in a non-identifiable manner, information in the Network may be used to update profiles of individuals or companies, including their or your contact information.
  • You recognize and agree that once Information is posted to or provided on or through the Network, the Company may use such Information for any lawful purpose consistent with the business of the Company.
  • You recognize and agree that the Company is not responsible for the accuracy of any Information provided by any person or entity.
  • Although you may invite others to join the Network, the Company has no obligation to allow any such invitees into the Network, or to allow anyone to remain in the Network.
  • You recognize and agree that we may track and analyze your use of the Network, including but not limited to any Information submitted, for the purpose of improving the Network, and that we may disclose data about your use to third parties for the purpose of assisting us in such tracking or analysis.
  • You recognize and agree that we engage third-party service providers to help make available to you certain products or services and you authorize us to provide your non-sensitive personal data to such service providers for the purpose of delivering to you such products or services.
  • Although you may obtain insights, forecasts, or general or specific information about possible opportunities or other matters by your use of the Network, the Company does not in any way warrant any information, recommendations, predictions or data derived from the Network or your use of the Network; you are expected to use your own best judgment and you are solely responsible for any action or inaction that you may or may not take.
  • You agree that the Company may advertise to you.
  • You recognize and agree that although your use of the Network, or of specific aspects of the Network, may be provided to you at no cost, the Company may in the future charge for use of the Network or for other products or services made available to you on or through the Network or otherwise.

Prohibited Uses

In accessing or using the Network, you agree not to:

  • Use the Network in any way that violates any law or regulation, or that promotes or advocates any illegal activity.
  • Use the Network in any way that violates these Terms of Use.
  • Use the Network in any way that violates any agreement that you may have with any other person or entity, including your employer.
  • Interfere with or violate any third party or other user’s rights, including confidentiality, privacy or intellectual property rights.
  • Impersonate any person, or misrepresent your identity or affiliation with any person, entity, company or organization.
  • Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others.
  • Engage in any conduct that is characterized by, or encourages, bigotry or discrimination of any form, including on the basis of race, origin, ethnicity, nationality, religion, gender, occupation, sexual orientation, illness, physical or mental disability, faith, political view or socio-economic class.
  • Engage in scraping, data mining, harvesting, screen scraping, data aggregating or indexing, or allow or facilitate any other party in doing so.
  • Use any robot, spider or other automatic device, process or means to access the Network for any purpose, including to monitor or copy any of the material on the Network.
  • Introduce any viruses, trojan horses, worms, logic bomb, time bomb, web bug, spyware or other material that is invasive, malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Network, the server on which the Network is stored, or any server, computer or database connected to or accessible through the Network.
  • Attempt to reverse engineer or copy any aspect of the Network.
  • Use or access the Network for the purpose of competing with the Company, or assisting anyone else to do so, or dissuade others from participating in the Network.
  • Resell or attempt to resell our products or services or in any way represent that you are authorized to do so.
  • Create a browser or border environment around any part of the Network, or any form of framing or inline linking.
  • Disparage the Network or the Company.
  • Engage in any inappropriate conduct with respect to the Network or your use thereof.
  • Otherwise attempt to interfere with the proper working of the Network.
 

The foregoing examples of prohibited activity are made solely for illustrative purposes and do not constitute an exhaustive list.

Intellectual Property Rights

The Company name, the terms “Collective[i],” “C[i] Solutions,” “Cross Commerce Media,” “C[i]”, “Intelligence,” “Intelligence.com”, the Company logos, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. All other names, brands and marks are used for identification purposes only and are the trademarks of their respective owners.

The Network and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. No right, title or interest in or to the Network or any content on the site is transferred to you, and all rights not expressly granted are reserved by the Company.

The Company may, from time to time, in its sole discretion, develop new products or services, based in whole or in part on the use of the Network by users, including you, or on suggestions made by users, including you. You waive any rights relating to any such products or services, including any intellectual property rights, and agree not to assert any claim against the Company or anyone else related to the development, offering or use of such products or services, which are the sole property of the Company. The Company has no fiduciary or other obligations to you, and is free to disclose any ideas or insights derived from the Network, or your use thereof, to anyone on a non-confidential basis without compensation. Copyright Infringement

If you believe that any material on the Network violates your copyright, please send a notification setting forth the basis for the violation to legal@collectivei.com.

Linking to the Network

You may link to our Network, provided you do so in a way that is fair and legal and does not, in our sole discretion, damage or impugn our reputation. Among other things, and without limitation, you may not link to our Network from or on any site that contains offensive or pornographic material, or that promotes any form of discrimination or violence. Without our prior written permission, you may not establish a link in such a way that suggests any form of association, approval or endorsement on our part.

Links from the Network and Third Party Apps

If the Network contains links to other sites and resources provided by third parties, such links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your access to or use of them. If you decide to access any third party site via any link in the Network, you do so entirely at your own risk and subject to the terms and conditions of use for such site.

Our use and transfer to any other app of information received from Google APIs will adhere to Google API Services User Data Policy, including the Limited Use requirements.

Location of the Network

The owner of the Network is based in the State of New York in the United States, and the Network is operated from and offers its products and services within the United States. We make no claims that the Network or any of its content is accessible, lawful or appropriate outside of the United States. If you access or use the Network from outside the United States, or allow or facilitate such access or use, you do so on your own initiative and are responsible for compliance with local laws.

Monitoring and Enforcement; Termination

We do not generally pre-screen, verify, edit, monitor or moderate Information in the Network, but we may do so from time to time in our sole discretion, including if a potential violation of these Terms of Use or any law or regulation is brought to our attention. Without limitation, we have the right to, at any time, in our discretion:

  • Take any action with respect to any user or Information that we deem necessary or appropriate if we believe that they or it violates these Terms of Use, infringes any intellectual property right or other right, threatens the personal safety of any user or users of the Network, or of the public, or could create liability for the Company.
  • Disclose your identity to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Network.
  • Disable any user identification code, username or password, whether chosen by you or provided by us, at any time, in our sole discretion, for any reason or for no reason, including, if in our opinion, you have failed to comply with any provision of these Terms of Use.
  • Terminate or suspend your use of or access to the Network.
  • Deliberate attempts by you or anyone on your behalf to evade or circumvent the suspension or termination of your use of or access to the Network constitutes an unlawful trespass to our equipment and systems, and may result in legal action.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files or data available for downloading from the internet or the Network will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

WE ARE NOT AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE NETWORK OR ANY ITEMS OBTAINED ON OR THROUGH THE NETWORK, OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY NETWORK LINKED TO IT.

YOUR USE OF THE NETWORK AND ITS CONTENT IS AT YOUR OWN RISK. THE NETWORK IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE COMPANY MAKES NO WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE NETWORK OR ANY INFORMATION CONTAINED IN OR DERIVED FROM THE NETWORK.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation of Liability

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR SPECIAL DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE NETWORK, INCLUDING ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR DAMAGES FOR PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. ADDITIONALLY, IN NO EVENT WILL THE COMPANY’S, ITS AFFILIATES’ OR THEIR LICENSORS’, SERVICE PROVIDERS’, EMPLOYEES’, AGENTS’, OFFICERS’ OR DIRECTORS’ TOTAL CUMULATIVE LIABLITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THESE TERMS OF USE EXCEED $500. ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OF USE MUST BE BROUGHT WITHIN ONE YEAR OF ACCRUAL, OR BE FOREVER WAIVED.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnity

If anyone asserts a claim against the Company related to your actions, content or Information on or in the Network, you will indemnify and hold harmless the Company, its affiliates and licensors and their respective officers, directors, employees, contractors, agents, licensors and suppliers, from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of such claim.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. If we make major revisions, we will provide notice to you, in our discretion. Regardless of any notice provided, your continued use of the Network following the posting of any revised Terms of Use means that you accept and agree to the changes and to the revised Terms of Use.

Privacy

We respect your privacy during your use of the Network. By using the Network, you accept and agree to be bound by our Privacy Policy, incorporated herein by reference. If you do not agree to the Privacy Policy, you must refrain from using the Network.

Governing Law and Jurisdiction

These Terms of Use, and any dispute or claim arising out of or related to them, to the Company or the Network (in each case, including contractual and non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York, without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or of any other jurisdiction).

Any claim, lawsuit, action or proceeding arising out of or related to these Terms of Use, or to the Company or the Network (“Claims”), shall be instituted exclusively in the federal or state courts located within the City of New York and County of New York. You agree to the exclusive jurisdiction and venue of any Claims in such courts.

Limitation on Time to File Claims

ANY CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE NETWORK MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OR SUCH CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver of these Terms of Use, or any portion hereof, by the Company shall be deemed a further or continuing waiver of such term or condition, or of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Cross Commerce Media, Inc. with respect to the Network and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Network.

Your Comments and Concerns

This Network is operated by Cross Commerce Media, Inc., 450 Park Avenue South, Floor 3, New York, New York, 10016.
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