Terms of use

Date of Last Revision: APRIL 1, 2017

ITERATE STUDIO INC. d/b/a ITERATE.AI (“Iterate,” “we,” “us,” “our”) provides a platform for the efficient management of digital innovation through its website located at WWW.ITERATE.AI (the “Site”). Collectively, the functionality, services, including any new features, and Content (as defined below), offered on or through the Site are referred to as the “Service.” Each company or entity identified in your account that is related to your use of the Service is referred to as the “Client Company.” The following terms and conditions (as amended from time to time, the “Terms of Use”) govern your access to and use of the Service. We reserve the right, at our sole discretion, to change, revise, add or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the revised Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Site or Service after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Service or the Site. It is your responsibility to regularly visit this page to review the current Terms of Use so that you are aware of the terms to which you are bound.

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY ARE IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS, AND A CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

Access and Use of the Service

You agree that you, and not Iterate, must evaluate, and bear all risks associated with, the use of the Service and of any part of the Services: (i) Iterate may make available or provide certain templates as well as other various documents, manuals and information, help documentation, help text, blog articles and associated commentary, data, text, agreements, instruments, messages or other materials, content, logos, graphics and images (together, the "Content"); (ii) uploaded, posted, published or displayed (each, a “post”), emailed or otherwise transmitted, maintained or used by you or at your direction via the Service (“User Content”); or (c) posted, emailed or otherwise transmitted or maintained by third parties or other users on or through the Service (“Third Party Content”), including any reliance on the accuracy, legality, appropriateness, completeness, or usefulness of any such content. You are responsible for informing yourself of the laws and regulations applicable to your jurisdiction and compliance with them.

Mobile Services

From time to time, the Service may include certain services that are available via a mobile device, including (i) the ability to upload User Content to the Service via a mobile device, (ii) the ability to electronically sign documents and other instruments from a mobile device, (iii) the ability to receive, submit and/or reply to Electronic Communications from a mobile device, (iv) the ability to browse the Service and the Site from a mobile device and (v) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile device, and what restrictions or fees, if any, may be applicable to your use of such Mobile Services. By using the Mobile Services, you agree that we may communicate with you by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your account information to ensure that your messages are not sent to the person that acquires your old number. With respect to the Iterate mobile application software and related documentation (collectively, the “Applications”), Iterate grants you a limited, non-exclusive and non-transferable license to download and use the Applications solely for your personal or business use. Except as stated herein, you acknowledge that you have no right, title or interest in or to the Applications.

Content

The Content is made available to you by Iterate and is the copyrighted and/or trademarked work of Iterate or Iterate’s contributors. Iterate grants you a limited, personal, non-exclusive and non-transferable license to use and to display and to make one copy of the Content and to use the Site and Services solely for your personal or internal business use. Except for the limited use licenses granted in these Terms of Use, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Content, the Site, the Applications or the Services in any manner. You shall not distribute the Content, Applications or the Services in any manner to any third party.

User Content

You grant to ITERATE, a non-exclusive, worldwide, perpetual license (except to the extent you have deleted your User Content) to host and make the User Content available on the Services in accordance with the access rights that you select. You grant to the users who access your account or User Content, a non-exclusive, worldwide, perpetual license to use User Content for their personal or business use, in accordance with the levels of permission you set. ITERATE DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES WITH REGARD TO ALL USER CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ITERATE DISCLAIMS ANY LIABILITY OF ANY KIND WITH REGARD TO ALL USER CONTENT, INCLUDED, WITHOUT LIMITATION, INFRINGEMENT OF A THIRD PARTY’S INTELLECTUAL PROPERTY.

Authorized Users

You may be given access to certain password protected areas of the Site and the Services. You are responsible for maintaining the confidentiality of your password, registration data and for any and all activity that occurs under your password. You agree to notify Iterate and the Client Company immediately of any unauthorized use of your password or any other breach of security relating to the Site and the Services. You shall not, and shall not attempt to, access any data of another Iterate.ai account holder if you are not an authorized user under the applicable account.

Fees

You acknowledge that Iterate reserves the right to start charging the Client Company a fee for certain features of the Service and to change its fees (if any) from time to time in its discretion. If you decide to use the features of the Service that incur a fee or other charge, you agree to the terms of sale applicable to such fees or charges, which may include pricing, billing and payment and you agree to pay any taxes that may apply. You acknowledge that the pricing for certain features of the Service may vary depending on the level of use of them by those users associated with the Client Company. If Iterate terminates your account, if you terminate your account or if the Client Company terminates its use of the Service, for any reason, the Client Company will not be entitled to a refund of any unused portion of fees or payments (if any). Fees paid by the Client Company may be subject to additional terms that Iterate will notify you of prior to their application.

Electronic Communications

By using the Site, you consent to receiving electronic communications from Iterate. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Services. These electronic communications are part of your relationship with Iterate and you receive them as part of your use of the Services. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Third Party Content and Hyperlinks; Advertising

As part of the Service, you may have access to links to other sites and resources on the Internet (“Hyperlinked Sites”) or to Third Party Content. Iterate does not pre-screen, monitor, endorse or check the accuracy or completeness of Hyperlinked Sites or Third Party Content and Iterate has no control over or input into them. You agree that Iterate shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Hyperlinked Sites or Third Party Content. Any dealings you have with advertisers found while using the Service are between you and the advertiser, and you agree that Iterate is not liable for any loss or claim that you may have against an advertiser.

Feedback on the Site

You acknowledge and agree that any questions, comments, suggestions, reviews, ideas, feedback or other information about the Site or the Service (collectively, “Submissions”), provided by you or the Client Company to Iterate are non-confidential and Iterate shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Iterate retains all right, title, interest and ownership of all information, software, plans, inventions, provisional and non-provisional patents, trade secrets, other intellectual property and other property that it develops in connection with any Submission. Iterate may utilize any and all methods, computer software, know-how, ideas or techniques related to any Submission and developed by Iterate while providing the Services (including any Services in connection with any Submission) and may incorporate the work product in future Service offerings. You agree that Iterate retains the right to use, without right of accounting, generalized knowledge, experience, and know-how (including processes, ideas, modifications, suggestions, concepts and techniques) relating to the Services acquired in the course of performing Services.

Your Responsibilities (Posting and Submissions)

If you use software tools to import content from other sources on the Internet to create User Content, you agree that you have all necessary rights and permissions to use such content and to create the User Content using that third party content and that you will only submit and use User Content in any account that you register for or have access to in an manner that complies with all applicable laws and regulations. You further agree that you will not upload, post or otherwise make available on this Site any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from any Submission or User Content that you make. You represent and warrant that: (i) you own all Submissions or User Content posted by you on or through this Services or otherwise have the right to grant the licenses to Iterate set forth in this section, and (ii) the posting of your Submissions or User Content on or through this Service does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Submissions or User Content posted by you to or through the Services. Iterate shall have no obligation to pay you any fees or royalties for your Submissions or User Content.

Unauthorized Activities

Unauthorized use of any User Content, the Services or Third Party Content contained on this Site may violate certain laws and regulations. You agree to indemnify and hold ITERATE and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees and costs of defense) Iterate or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party based on your submitted User Content or that your use of the Services or Third Party Content or the use by any person using your user name or password violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party. Iterate may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Iterate's discretion, Iterate will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site, the Services or on the Internet.

User Conduct

You agree that you are solely responsible for all User Content and your use of the Service. The following are examples of the kind of User Content or use of the Service that are illegal or prohibited by Iterate. Iterate reserves the right to investigate and take appropriate legal action against anyone who, in Iterate’s sole discretion, violates this provision, including without limitation, removing the offending User Content from the Service, notifying the Client Company, suspending or terminating your account with Iterate and reporting you to law enforcement authorities. You agree to not use the Service to:

  • post, email or otherwise transmit any User Content that (i) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another‘s privacy, hateful racially, ethnically or otherwise objectionable or which promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (ii) you do not have a right to transmit under any law or under contractual or fiduciary relationships; (iii) poses or creates a privacy or security risk to any person or entity (as applicable); (iv) infringes any intellectual property or other proprietary rights of any person or entity; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” or any other form of solicitation; (vi) 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; or (vii) in the sole judgment of Iterate, is objectionable or which may expose Iterate or its users to any harm or liability of any type;
  • “stalk,” harass, advocate harassment or otherwise violate the legal rights of others;
  • impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity, including but not limited to electronically signing an agreement on behalf of an entity when you are not authorized to do so;
  • harvest or collect email addresses or other information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited communications or for any other unauthorized use;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Service;
  • advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
  • interfere, attempt to interfere with or disrupt the proper functioning of the Service, the servers or networks connected to the Service or any other person or entity’s use of the Service;
  • violate any terms which may be applicable for any particular area of the Service;
  • intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law;
  • further any unlawful purpose or promote any illegal activity including, but not limited to violating someone’s privacy, or providing or creating computer viruses; or
  • obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.

Special Notice for International Use; Export Controls

Your use of the Service, including the software available in connection with or underlying the Service (the “Software”) and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. If you access the Service or the Site from outside the United States, you do so at your own risk and you are responsible for complying with the applicable laws where you are located. You also agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you are located.

No Resale of Service or Use for Competitive Intelligence

Unless otherwise specified, you agree not to display, distribute, license, perform, publish, reproduce, copy, create derivative works from, modify, sell, resell, exploit, transfer or transmit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. Use of the Site or Service for purposes of competitive intelligence is strictly prohibited and a violation of these Terms of Use.

Protected Content, Software and Trademarks

You acknowledge and agree that the Site is, that the Service contains Content that is, and that the Software and the technology underlying the Service are, protected by copyright, patent, trademark, trade secret or other proprietary rights and laws (collectively “Protected Content”). Iterate and its affiliates or licensors retain ownership of all intellectual property rights of any kind related to the Protected Content and to the Service. Except as expressly authorized by Iterate, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Protected Content, in whole or in part, except that the foregoing does not apply to your own User Content that you legally upload to the Service. You also agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Provided that you have registered as a user with Iterate and that your account has not been terminated, you are granted a limited license to access and use the Service and the Protected Content and to download or print a copy of any portion of the Protected Content to which you have properly gained access solely for your personal use or use as an authorized Client Company representative, provided that you keep all copyright or other proprietary notices intact. Such license is subject to the Terms of Use, does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods and will terminate upon any breach of these Terms of Use. Any use of the Service or the Protected Content other than as specifically authorized herein is strictly prohibited and will automatically terminate the license granted herein. Any rights not expressly granted herein are reserved by Iterate.

The Iterate name and logos are registered trademarks of Iterate (collectively the “Iterate Trademarks”). Other trademarks, names and logos on this Site are the property of their respective owners. Nothing in these Terms of Use or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Iterate Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Iterate Trademarks will inure to our exclusive benefit. Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not be affiliated with or connected to Iterate.

Notification of Copyright and Trademark Infringement

If you believe that your work is the subject of copyright infringement or a trademark infringement and appears on the Site, please contact Iterate’s agent for notice of claims of copyright or trademark infringement on this Site can be reached by email at Legal@IterateStudio.com and by mail at 700 N. Colorado Blvd Suite 757 Denver, CO 80206 Attn: Iterate Studio Legal Department

Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

Only the intellectual property rights owner may report potentially infringing items. If you are not the intellectual property rights owner, you should contact the intellectual property rights owner.

Indemnity and Release

You, individually and on behalf of the Client Company if you are an authorized Client Company representative (“Authorized Company Representative”), agree to release, indemnify and hold Iterate and its officers, directors, employees, agents or affiliates, harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your and, if you are an Authorized Company Representative, the Client Company’s, use of the Service, any User Content, your connection to the Service, your violation of these Terms of Use or your violation of any rights of another. If you are a California resident, you expressly waive the protection of California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” Your release of Iterate also includes, without limitation, a release of any claim resulting from the criminal acts of others.

Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ITERATE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT.

ITERATE MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, CONTENT, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED, USED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS OR BE APPROPRIATE FOR YOUR PARTICULAR CIRCUMSTANCES, AND (V) ANY ERRORS WILL BE CORRECTED.

ANY CONTENT DOWNLOADED, USED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR EQUIPMENT, COMPUTER VIRUSES OR LOSS OF DATA, THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH CONTENT OR FROM USE OF THE SERVICE. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ITERATE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER ITERATE NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ITERATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE OR ACCESS THE SERVICE OR THE SITE FOR ANY REASON; (II) COSTS RELATING TO GOODS AND/OR SERVICES SOUGHT OR PURCHASED AS A RESULT OF ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED, OBTAINED OR RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR ACCOUNT, USER CONTENT OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY OR OTHER USER ON THE SERVICE; (V) THE USE OF OR RELIANCE ON CONTENT, USER CONTENT AND/OR THIRD PARTY CONTENT; (VI) ANY LIABILITY, INCLUDING FINES AND PENALTIES, THAT MAY BE IMPOSED UPON YOU BY THIRD PARTIES, (VII) YOUR FAILURE TO COMPLY WITH THESE TERMS OF USE OR (VIII) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT SHALL ITERATE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE GREATER OF (A) ONE HUNDRED DOLLARS ($100) OR (B) THE AMOUNT PAID BY YOU TO ITERATE FOR THE SERVICE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

Dispute Resolution

If a dispute arises between you and ITERATE, you should first attempt to resolve it by contacting Iterate at Legal@IterateStudio.com. We will attempt in good faith to resolve all claims submitted this way within fifteen (15) days of receipt.

At Iterate’s or your election, all disputes, claims, or controversies arising out of or relating to these Terms of Use or the Service that are not resolved by mutual agreement may be resolved by binding arbitration to be conducted before JAMS, or its successor. Unless otherwise agreed by the parties, arbitration will be held in Denver, Colorado before a single arbitrator mutually agreed upon by the parties, or if the parties cannot mutually agree, a single arbitrator appointed by JAMS, and will be conducted in accordance with the rules and regulations promulgated by JAMS unless specifically modified in these Terms of Use. The arbitration must commence within 45 days of the date on which a written demand for arbitration is filed by either party. The arbitrator will have the power to order the production of documents by each party and any third-party witnesses. In addition, each party may take up to 3 depositions as of right, and the arbitrator will not have the power to order the answering of interrogatories or the responses to requests for admission or the inspection of premises. In connection with any arbitration, each party must provide to the other, no later than 10 business days before the date of the arbitration, the identity of all persons that may testify at the arbitration, a copy of all documents that may be introduced at the arbitration or considered or used by a party’s witness or expert, and a summary of the expert’s opinions and the basis for said opinions. The arbitrator’s decision and award shall be made and delivered within 60 days of the conclusion of the arbitration and within 6 months of the selection of the arbitrator. The arbitrator will not have the power to award damages in excess of the limitation on actual compensatory damages set forth in these Terms of Use and may not multiply actual damages or award punitive damages or any other damages that are specifically excluded under these Terms of Use, and each party irrevocably waives any claim to such damages. The parties covenant and agree that they will participate in the arbitration in good faith. The arbitrator may, in his or her discretion, assess costs and expenses (including reasonable legal fees) against any party to a proceeding. Any party refusing to comply with an order of the arbitrator will be liable for costs and expenses, including attorneys’ fees, incurred by the other party in enforcing the award. Notwithstanding the foregoing, in the case of temporary or preliminary injunctive relief, any party may proceed in state or federal court without prior arbitration for the purpose of avoiding immediate and irreparable harm. The provisions of this arbitration section will be enforceable in any court of competent jurisdiction.

With respect to any disputes or claims not subject to arbitration as set forth above, you and Iterate agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within Denver County, Colorado, except that you agree that Iterate retains the right to bring any proceeding against you for breach of these Terms of Use in your state of residence. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THESE TERMS OF USE OR THE SERVICE.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Use must be filed within 1 year after such claim or cause of action arose or be permanently barred. You also agree that you will not initiate or maintain any claim or cause of action arising out of or related to use of the Service or these Terms of Use as a plaintiff or class member in any purported class or representative proceeding.

Dispute Between Users

You agree that you are solely responsible for your interactions with any other user of the Service. Iterate reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service. You release Iterate from any claims arising out of or in any way connected with such disputes and Iterate’s involvement therein.

Termination of Account

All rights to use the Services will continue until or unless terminated by Iterate. Iterate reserves the right to terminate trial or beta subscriptions for any reason and without notice. For paid subscription accounts, Iterate may elect to terminate or suspend access to the Site or the Services without notice for violations of the Terms of Use or non-payment. You agree that Iterate, in its sole discretion, may suspend or terminate your account (or any part thereof) for any reason, including, without limitation, for lack of use, if Iterate believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use or if the Client Company instructs us to do so. You agree that any termination of your account under these Terms of Use may be effected without prior notice. Notwithstanding the foregoing, Iterate shall provide you with a reasonable opportunity to download files in your account in connection with any termination of your account. Further, you agree that Iterate shall not be liable to you or any third-party for any termination of your account.

General

These Terms of Use, together with our Privacy Policy constitute the complete agreement between Iterate and you with respect to the subject matter contained herein and supersede all prior oral or written understandings, communications or agreements not specifically incorporated herein. You also may be subject to additional terms and conditions that may apply when you use affiliate services, Third Party Content or third-party software. Colorado law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms of Use. If any provisions of these Terms of Use is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. Iterate's failure to enforce any of these Terms is not a waiver of such term. These Terms are the entire agreement between you and Iterate and supersede all prior or contemporaneous negotiations, discussions or agreements between you and Iterate about this Site and the Services. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms of Use.

Your Privacy

At Iterate, we respect the privacy of our users. For details please see our Privacy Policy. By using the Service, you consent to our collection and use of personal data as outlined in our Privacy Policy.

QUESTIONS? CONCERNS? SUGGESTIONS?

Please contact us at policy@Iteratestudio.com to report any violations of these Terms of Use or to pose any questions or suggestions regarding these Terms of Use or the Service.