Intelligent Relations Terms of Service
These Terms were last updated on 8/1/2022
Intelligent Relations helps protect your privacy. Intelligent Relations allows a user (“User”, “you” or “your”) to manage personal information and control how other websites and businesses display such personal information. These terms of service (“Agreement”, “Terms”) set forth the general terms and conditions of your use of https://www.intelligentrelations.com/ the Intelligent Relations website (“Website” or “Service”) and any of its related information, resources, tools, products, hosted software delivery platforms, mobile applications and services (collectively, “Services”). This Agreement is legally binding between you and Intelligent Relations, Inc. (“Intelligent Relations”, “IR” “we”, “us” or “our”). If you are entering into this agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this agreement, you must not accept this agreement and may not access and use the Website and Services. By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. You acknowledge that this Agreement is a contract between you and Intelligent Relations, even though it is electronic and is not physically signed by you, and it governs your use of the Website and Services.
Additional Terms & Policies
These terms and conditions refer to the following additional terms and policies, which also apply to your use of our Website:
Accounts and Membership
You must be at least 18 years of age to use the Website and Services. By using the Website and Services and by agreeing to this Agreement you warrant and represent that you are at least 18 years of age. If you create an account on the Website or Services, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may monitor and review new accounts before you may sign in and start using the Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.
Billing and Payment Plans
You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Where Services are offered on a free trial basis, payment may be required after the free trial period ends, and not when you enter your billing details (which may be required prior to the commencement of the free trial period). If auto-renewal (“subscription plans”) is enabled for the Services you have subscribed for, you will be charged automatically in accordance with the term you selected. These subscription plans pricing will be shown before you enter your payment information. If you subscribe to any plans, you acknowledge that these plans will auto renew every period such as monthly or yearly depending on the subscription plan you choose. The payment will be billed for the subscription either through your credit card or through your intermediary provider.
All fees and charges are nonrefundable, and there are no refunds or credits for partially used periods. Credit card payments are processed by a third party payment processor and if your credit card is not processed in a timely period for whatever reason, your subscription plan may end and the Service associated with the subscription will terminate. You are still responsible for any past due amounts yet to be paid.
We reserve the right to change or discontinue any aspect of the subscription plan with regards to pricing, recurring periods, free trials and others. Intelligent Relations may also offer payment plans that are non-recurring and not subscription based. Any credits offered by these plans are non-refundable.
You have the right to cancel your subscription at any time, for any reason, and can do so by emailing us at support@IntelligentRelations.com. Upon cancelling your subscription plan, Intelligent Relations will cease any future billing.
We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us.
Links to Other Resources
Although the Website and Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. Some of the links on the Website may be “affiliate links”. This means if you click on the link and purchase an item, Intelligent Relations may receive an affiliate commission. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Website. Your linking to any other off-site resources is at your own risk.
Intellectual Property Rights & Your Use of the Services
“Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by Intelligent Relations or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Intelligent Relations. All trademarks, service marks, graphics and logos used in connection with the Website and Services, are trademarks or registered trademarks of Intelligent Relations or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Website and Services may be the trademarks of other third parties. Your use of the Website and Services grants you no right or license to reproduce or otherwise use any of Intelligent Relations or third party trademarks.
Intelligent Relations authorizes you to use the Services solely for your own purposes (except as provided otherwise herein with respect to your own User Content), and subject to the restrictions set forth in the Agreement. Your right to access and use the Services is personal to you and is not transferable by you to any other person or entity. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services, except as expressly permitted in this Agreement. You may not access the Services for the purpose of bringing an intellectual property infringement claim against Intelligent Relations or for the purpose of creating a product or service competitive with the Services. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Intelligent Relations or its licensors, except for the licenses and rights expressly granted in this Agreement. You understand and acknowledge that your access and use of the Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair.
You retain ownership rights to all information, data, passwords, usernames, PINs, other log-in information, materials and other content you may contribute in connection with the Services (the “User Content”). User Content includes both content that you may store on the Services for your own private use (“Private Content”) and content that you may submit for the purpose of including and enhancing areas of the Services that are available for public viewing or use (“Public Submissions”). You may choose to provide us with your contact list of journalists for us to include these contacts in the master database of journalists that we use for purposes of providing the Services (the “Journalist Database”). In such event, we may use the name, title, publication, title, email address and phone number of journalists (“Journalist Contact Information”) on your list to update the Journalist Database and, accordingly, such Journalist Contact Information is considered a Public Submission. By submitting such information to Intelligent Relations, you acknowledge that we may make public, and others may make use of such information, and you assume all risk associated with the publication of information you provide to Intelligent Relations. Please note that all other information regarding a journalist that you may provide (including, for example, private notes about your interactions with journalists) will be considered Private Content and will not be included in the Journalist Database.
Whether or not User Content is transmitted or published, it will be subject to these Terms. You shall be solely responsible for your own User Content and the consequences of using them (and, in the case of Public Submissions, the publishing of them) on the Services. You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to your User Content as may be required by relevant law (including, but not limited to the EU’s General Data Protection Regulation and the California Consumer Privacy Act) or other legal limitations, including the right to authorize us to use the User Content in the manner contemplated by the Services and these Terms.
By submitting the User Content to us you hereby grant us the following licenses: (a) a limited, revocable, worldwide, non-exclusive, royalty-free license to use the Private Content solely for purposes of providing the Services to you; and (b) an irrevocable, worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Public Submissions in any media formats now or hereafter created and through any media channels now or hereafter created. You also hereby grant each user of the Services a non-exclusive license to access your Public Submissions that you publicly display through the Services, and to use, reproduce, distribute, prepare derivative works of, display and perform such Public Submissions as permitted through the functionality of the Services and under these Terms.
Prohibited Uses & Restrictions
In addition to other terms as set forth in the Agreement, you are prohibited from using the Website and Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website and Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Website and Services, third party products and services, or the Internet. We reserve the right to adjust the Services in any way needed, (e.g., throttle emails), or terminate your use of the Website and Services for violating any of the prohibited uses.
Copyright or Intellectual Property Infringement Claims Notice & Procedures[A1]
Intelligent Relations will always respect the intellectual property of others, and we ask that all of our users do the same. With regards to appropriate circumstances and at its sole discretion, Intelligent Relations may disable and/or terminate the accounts of any user who repeatedly violates our Terms and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information:
- The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that you believe has been infringed upon;
- A description of the location of the site which you allege has been infringing upon your work;
- The physical address, telephone number, and email address;
- A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law;
- And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is the truth and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner’s behalf.
The Intelligent Relations Agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows:
Intelligent Relations, Inc.
Attn: IR Legal Team
50 Franklin Street 3rd Floor
Boston, MA 02110
Disclaimer of Warranty
You agree that such Services are provided on an “as is” and “as available” basis and that your use of the Website and Services is solely at your own risk. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Services will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Services or as to the accuracy or reliability of any information obtained through the Services or that defects in the Services will be corrected (e.g., possible negative effects that sending emails from the Services may have on your domain, sender reputation, or negative impact to your company’s email delivery). You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Services is done at your own discretion and risk and that you will be solely responsible for any damage or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Services or any transactions entered into through the Services unless stated otherwise. No advice or information, whether oral or written, obtained by you from us or through the Services shall create any warranty not expressly made herein.
Limitation of Liability
To the fullest extent permitted by applicable law, in no event will Intelligent Relations, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of Intelligent Relations and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to Intelligent Relations for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
You agree to indemnify and hold Intelligent Relations and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website and Services or any willful misconduct on your part.
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of the State of Massachusetts. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in the United States District Court for the District of Massachusetts or, if such court does not have subject matter jurisdiction, the courts of the State of Massachusetts sitting in Boston, Massachusetts, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of its rights or obligations hereunder, in whole or in part, to any third party as part of the sale of all or substantially all of its assets or stock or as part of a merger.
Changes and Amendments
We reserve the right to modify this Agreement or its terms related to the Website and Services at any time at our discretion. When we do, we will revise the updated date on this page. We may also provide notice to you in other ways at our discretion, such as through the contact information you have provided.
An updated version of this Agreement will be effective immediately upon the posting of the revised Agreement unless otherwise specified. Your continued use of the Website and Services after the effective date of the revised Agreement (or such other act specified at that time) will constitute your consent to those changes.
Acceptance of These Terms
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Website and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Website and Services.
If you have any questions, concerns, or complaints regarding this Agreement, we encourage you to contact us using the details below:
Intelligent Relations, Inc.
50 Franklin Street 3rd Floor
Boston, MA 02110
[A1]Since users will generate content on the site it is recommended to have this copyright and IP claims notice/procedure provision for IR to take advantage of the DMCA safe harbor for copyright infringement liability resulting from user-generated content. IR must, among other things:
(1) Designate an agent to receive notices of copyright infringement, notify the US Copyright Office, and pay the specified fee.
(2) Identify the agent by name on the site and provide the contact information required by the DMCA.
(3) Adopt a policy to terminate the accounts of repeat infringers.