INVIZEN IT Terms of Use

Welcome to INVIZEN IT!

Thanks for using our products and services (“Services”). The Services are provided by Rainmaker Analytics 1, LLC (“Rainmaker Analytics”), located at

Rainmaker Analytics 1, LLC
14614 Falling Creek Drive, Suite 117, Houston, Texas 77068 United States.

These Terms of Use were last modified on August 11, 2017.

These Terms are a binding legal agreement between you and Rainmaker Analytics. By using or accessing the INVIZEN IT site, you accept and agree to be bound by these Terms. Your use of our Services is also subject to our Privacy Policy, which covers how we collect, use, share, and store your personal information. If you do not agree to our Terms of Use and Privacy Policy, then do not access or otherwise use our Services.

Your use of INVIZEN IT site is governed by the version of the Terms of Use in effect on the date the INVIZEN IT site is accessed by you. Rainmaker Analytics may modify these Terms of Use at any time and without prior notice. You should review the most current version of these Terms of Use by visiting the INVIZEN IT site and clicking on the Terms of Use hyperlink. These Terms of Use are in addition to any other agreements between you and Rainmaker Analytics, including any customer or account agreements, and any other agreements that govern your use of information, content, tools, products and services available on and through the INVIZEN site. Please read these Terms of Use carefully.

Our Services are very diverse, so sometimes additional terms or product requirements (including age requirements) may apply. Additional terms will be available with the relevant Services, and those additional terms become part of your agreement with us if you use those Services.

Using our Services

You must follow any policies made available to you within the Services including all instructions provided on the INVIZEN IT site.

Do not misuse our Services. For example, do not interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. Do not use the INVIZEN IT site in any manner that could damage or overburden any INVIZEN IT server, or any network connected to any INVIZEN IT server. Do not use the INVIZEN IT site in any manner that would interfere with any other party’s use of the INVIZEN IT site. You should not access the INVIZEN IT site through devices or services designed to provide high-speed, automated, repeat access, unless such devices are specifically approved in writing by Rainmaker Analytics. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our Terms of Use, policies or other instructions, and if we are investigating suspected misconduct.

In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.

Some of our Services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws.

Rainmaker Analytics may from time to time suspend temporarily the Services and access to the INVIZEN IT site to perform regularly scheduled maintenance and/or updates. Rainmaker Analytics will take commercially reasonable efforts to limit the suspensions of the Services and when possible provide advanced notice of such scheduled maintenance. Rainmaker Analytics reserves the right to suspend Services to provide necessary maintenance without prior notice.

Your INVIZEN IT Account

In order to utilize the INVIZEN IT site, you will need a INVIZEN IT Account. You may create your own IT Account by following the registration instructions on the INVIZEN IT site and providing the required information. You shall provide accurate registration information and agree to update the registration information when such information changes.

By creating an INVIZEN IT Account for a business or legal entity, you certify that you are authorized by that business or legal entity to fully bind that business or legal entity to these Terms of Use and any other commercial transactions undertaken utilizing your INVIZEN IT Account.

You may not provide any third-party access to your INVIZEN IT account or provide such third-party access to the Services.

Rainmaker Analytics expressly reserves the right to deny anyone, whether individual, business, or legal entity, an INVIZEN IT account and/or access to the INVIZEN IT site for any reason without providing justification.

To protect your INVIZEN IT Account, you should take steps to keep your password confidential and ensure the security of your password, devices, methods and other security data. You are responsible for the activity that happens on or through your INVIZEN IT Account, including but not limited to, all instructions or uses of any data, information, or Services obtained using your password. Rainmaker Analytics shall not be under any duty to inquire as to the authority or propriety of any instructions or orders given to Rainmaker Analytics by you or via your password and shall be entitled to act upon such. Try not to reuse your INVIZEN IT Account password on third-party applications. If you learn of any unauthorized use of your password or INVIZEN IT Account notify Rainmaker Analytics immediately. You agree to cooperate with Rainmaker Analytics in any investigation and to take corrective measures to protect your account from fraudulent activities.

Services Purchased, Fees and Payments

The specific financial terms for purchase of any Services will be provided from the INVIZEN IT site and are considered part of these Terms of Use. You must make all payments with a valid credit card, bank transfer, or other payment method specifically authorized by Rainmaker Analytics. Failure to make timely payments as required my result in immediate suspension and/or termination of your access and your INVIZEN IT Account. All purchases of Services are final and on an “as is” basis, not subject to refunds or set asides. Solely at Rainmaker Analytics’ discretion accommodations, including refunds, may be made, but Rainmaker Analytics expressly reserves the right to terminate any user or INVIZEN IT Account provided such accommodations and to prevent future access.

Privacy, Copyright Protection, and Trademarks

INVIZEN IT’s privacy policies explain how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that INVIZEN IT can use such data in accordance with our privacy policies.

The INVIZEN IT site is protected by applicable copyright laws. Accordingly, you may not copy, distribute, modify, post or frame-in the INVIZEN, including any text, graphics, video, audio, software code, user interface design or logos.

All trademarks and service marks on the INVIZEN IT site belong to INVIZEN Holdings, LLC, and through license agreements are exclusively utilized by Rainmaker Analytics, except for third-party trademarks and service marks, which are the property of their respective owners.

Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.

Unless you and Rainmaker Analytics have agreed otherwise, links from another web site to the INVIZEN IT site must resolve to the top-level homepage of the INVIZEN IT site. In order to avoid confusion if you do link from another web site to the INVIZEN IT site, your web site, and the link itself, may not suggest that Rainmaker Analytics endorses, sponsors or is affiliated with any non-Rainmaker Analytics web site, entity, service or product, and may not make use of any Rainmaker Analytics trademarks or service marks other than those contained within the text of the link.

We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Rainmaker Analytics with the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed;
  2. A description of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works are the subject of a single notice, a representative list of such works;
  3. An identification of the allegedly infringing material, and a description of where that material is located on the INVIZEN Site;
  4. Your address, telephone number, and email address;
  5. A statement by you that you have a good faith belief that use of the disputed material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  6. A statement by you, made under penalty of perjury, that the information you provide in your notice is accurate and that you are the owner of the allegedly infringed copyright, or that you are authorized to act on behalf of the copyright owner.

Third Party Content

Our Services display some content that is not Rainmaker Analytic’s, but instead is supplied by third parties. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But Rainmaker Analytic’s expressly declines to take responsibility or obligation to review third party content. Third party content may be protected by copyright pursuant to United States laws and/or international treaties and is owned or licensed by the third-party content providers. Rainmaker Analytics is not involved in the preparation of third party content, such as advertisements, and does not explicitly or implicitly endorse or approve of the third-party content or any products and/or services offered therein. Rainmaker Analytics is not responsible or liable for any third-party content and does not guarantee the accuracy, timeliness, completeness or usefulness of the content, or any goods or services mentioned therein.

Your Content in our Services

Some of our Services allow you to upload, submit, store, send or receive content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours.

When you upload, submit, store, send or receive content to or through our Services, you give INVIZEN IT (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services. Some Services may offer you ways to access and remove content that has been provided to that Service. Also, in some of our Services, there are terms or settings that narrow the scope of our use of the content submitted in those Services. Make sure you have the necessary rights to grant us this license for any content that you submit to our Services.

Our automated systems may analyze your content (including emails) to provide you personally relevant product features, such as tailored advertising. This analysis occurs as the content is sent, received, and when it is stored.

If you have a INVIZEN IT Account, we may display your Profile name, Profile photo, and actions you take on INVIZEN IT or on third-party applications connected to your INVIZEN IT Account in our Services, including displaying in ads and other commercial contexts.

You can find more information about how Rainmaker Analytics uses and stores content in the privacy policy or additional terms for particular Services. If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you.

About Software in our Services

When a Service requires or includes downloadable software, this software may update automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings.

Rainmaker Analytics gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Rainmaker Analytics as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Rainmaker Analytics on the INVIZEN IT site and in the manner permitted by these Terms of Use. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.

Modifying and Terminating our Services

Rainmaker Analytics may discontinue or modify the INVIZEN IT site at any time without prior notice to you. In fact, it is our intent to regularly modify the Services provided on the INVIZEN IT site. Additionally, Rainmaker Analytics may add or remove functionalities or features, and we may suspend or stop a Service altogether at any time. You accept any modifications if you continue to use the INVIZEN IT site.

Rainmaker Analytics may terminate your access to the INVIZEN IT site for any reason, or add or create new limits to your use of our Services without prior notice. You can stop using our Services at any time, although we will be sorry to see you go.

We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service.

 

 

DISCLAIMER OF WARRANTIES

We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we do not promise about our Services.

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER RAINMAKER ANALYTICS NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. WE DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES ABOUT THE INVIZEN IT SITE OR OUR SERVICES. WE MAKE NO COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS” AND “AS AVAILABLE’ AND RAINMAKER ANALYTICS DOES NOT WARRANT THAT ANY DEFECTS OR INACCURACIES WILL BE CORRECTED.

RAINMAKER ANALYTICS DOES NOT WARRANT THAT THE INVIZEN IT SITE WILL MEET YOUR NEEDS, OR THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. RAINMAKER ANALYTICS ALSO MAKES NO WARRANTY THAT THE RESULTS OBTAINED FROM THE USE OF THE INVIZEN IT SITE WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE INVIZEN IT SITE WILL MEET YOUR EXPECTATIONS.

SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.

LIMITATIONS ON LIABILITY

WHEN PERMITTED BY LAW, RAINMAKER ANALYTICS, IT’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, DIRECT, OR INDIRECT DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, REVENUES, DATA LOSSES, INCONVEINIENCE, DELAY, FINANCIAL LOSSES OR ANY OTHER DAMAGES THAT RESULT FROM USE OR LOSS OF USE OF THE INVIZEN IT SITE AND THIRD-PARTY CONTENT) RAINMAKER ANALYTICAL IS NOT RESPONSIBLE FOR ANY EXEMPLARY OR PUNITIVE DAMAGES. THE LIMITATIONS OF LIABILITY IN THIS PROVISION REMAINS TRUE EVEN IF RAINMAKER ANALYTICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES.

RAINMAKER ANALYTICS WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS RESULTING FROM A CAUSE OVER WHICH SUCH RAINMAKER ANALYTICS DOES NOT HAVE DIRECT CONTROL. THIS INCLUDES FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATIONS LINES (INCLUDING TELEPHONE, CABLE AND INTERNET), UNAUTHORIZED ACCESS, VIRUSES, THEFT, OPERATOR ERRORS, SEVERE OR EXTRAORDINARY WEATHER (INCLUDING FLOOD, EARTHQUAKE, OR OTHER ACT OF GOD), FIRE, WAR, INSURRECTION, TERRORIST ACT, RIOT, LABOR DISPUTE AND OTHER LABOR PROBLEMS, ACCIDENT, EMERGENCY OR ACTION OF GOVERNMENT.

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF RAINMAKER ANALYTICS, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).

IN ALL CASES, RAINMAKER ANALYTICS AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

Indemnification

As a condition of your use of the INVIZEN IT site, you agree to indemnify and hold Rainmaker Analytics and its third-party content providers harmless from and against any and all claims, losses, liability, costs and expenses (including but not limited to attorneys’ fees) arising from your use of the INVIZEN IT site, or from your violation of these Terms of Use.

Other Terms

These terms control the relationship between Rainmaker Analytics and you. They do not create any third-party beneficiary rights.

If you do not comply with these terms, and we do not take action right away, this does not mean that we are giving up any rights that we may have (such as taking action in the future).

If a Court of competent jurisdiction determines that a particular provision in these Terms of Use is not enforceable, then that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect.

The laws of the State of Texas, U.S.A., without regard to conflicts of law will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the federal or state courts of Harris County, Texas, USA, and you and INVIZEN IT consent to personal jurisdiction in those courts.

The Terms of Use shall inure to the benefit of Rainmaker Analytics and its successors and assigns, whether by merger, consolidation, or otherwise.

Please contact us at info@invizenit.com if you have any questions or concerns.