InYourEcosystem is pleased to make its Service, as described below, available to you on the following terms and conditions (“Terms of Service” or “Terms”). The Terms of Service are a legal contract between the individual using the Service (“you”) and InYourEcosystem, a subsidiary of the Industrial – Academic Research Office of CUNY (“InYourEcosystem,” “we,” “us,” or “our”). Your access to and use of the Service is expressly conditioned on your agreement to and compliance with the Terms of Service. BY CLICKING “I AGREE,” OR ACCESSING, BROWSING, OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THE TERMS OF SERVICE. Subject to your compliance with all terms and conditions herein, InYourEcosystem grants you permission to use the Service as set forth in the Terms.
1. The Service; Eligibility For purposes of the Terms of Service, the “Site” means the website operated by InYourEcosystem and currently located at www.InYourEcosystem.com, as it may be updated, relocated, or otherwise modified from time to time, and includes any and all information, text, images, and other materials and content appearing on or incorporated into that website. The “Service” means the Site and any other web sites, networks, embeddable widgets, downloadable software, mobile applications, and other features and services, whether on-line or off-line, owned or operated by InYourEcosystem. a. THE SERVICE IS NOT AVAILABLE TO PERSONS UNDER THE AGE OF 13, OR TO ANY PERSON SUSPENDED OR REMOVED FROM THE SERVICE BY INYOURECOSYSTEM BY ACCESSING, BROWSING, OR USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE SERVICE. b. If you are using the Service on behalf of a company, entity, or organization, you represent and warrant that you are an authorized representative with the authority to bind such organization to the Terms, and agree to be bound by the Terms on behalf of such organization. c. The Service is not offered by, and is not a part of, any campus, institution, or other organization. If you are a student, faculty member, or staff, you acknowledge and agree that the Service is not a part of your campus, institution, or other organization.
2. Registration a. Username and Password. You may need to register for an account or connect to the Service through a third-party account (including through your school) in order to use some features of the Service. You are responsible for safeguarding the username and password that you use to access any secure or password-protected areas of the Service. You must not to disclose your password to any third party. You are solely responsible for any activities or actions under your username and password, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your username or password. b. Accuracy. You must provide true, accurate, current, and complete information about yourself as requested by any form you complete as part of the process of registering for the Service and/or setting up your account. We may provide different types of accounts (e.g., for staff, faculty, and students), and you must accurately represent your status when registering or setting up your account. If you to log into the Service using your credentials from a third party services (such as Twitter or Facebook), you must ensure that all information you make available to us through such third party services (e.g. your name, email address, physical address, gender, and birthday) is true, accurate, and complete. If any information provided by you is untrue, inaccurate, not current, deceptive, misleading, or incomplete, we reserve the right to terminate your account and refuse any and all current or future use of the Service. You are responsible for keeping your account information current and accurate; we will have no liability for failure to deliver notices that result from inaccurate account information.
3. User Materials All information, questions, answers, comments, photos, data, text, software, music, sound, photographs, images, graphics, videos, messages, comments, tags, or other materials (“Content”) submitted by you to InYourEcosystem are your sole responsibility. This means that you, and not InYourEcosystem, are entirely responsible for all Content that you upload, post, display, transmit or otherwise make available through the Service (altogether “User Materials”). You agree that any User Materials made available by you are subject to and must comply with the Sharing Guidelines and any other rules or policies made available by InYourEcosystem from time to time. The Sharing Guidelines, which may be updated by InYourEcosystem from time to time, are available here [www. InYourEcosystem.com/sharingguidelines/] and are hereby incorporated into the Terms by reference. You retain any ownership rights that you may have in your User Materials. Content is provided “AS IS.” We and our designees have the right, but not the obligation, to pre-screen, refuse, and remove all Content on the Service, as described below. Accordingly, we will not necessarily control or monitor all Content posted, uploaded, displayed, transmitted, or otherwise made available via the Service and, as such, do not guarantee the accuracy, relevance, integrity or quality of such Content. Under no circumstances will InYourEcosystem be liable in any way for any Content, including, but not limited to, any offense, errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of, or reliance on, any Content posted, emailed, transmitted or otherwise made available via the Service. InYourEcosystem and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content (including, for clarity, your User Materials) that is available via InYourEcosystem for any reason, or for no reason. Without limiting the foregoing, InYourEcosystem and its designees shall have the right to remove any Content that violates these Terms. Your Limited Rights. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Service (excluding the User Materials that you own—you are free to do as you wish with your own User Materials). You may not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Service. Your License to InYourEcosystem. InYourEcosystem does not claim ownership of your User Materials; however, you affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish User Materials, and you agree to grant and hereby grant InYourEcosystem a transferable, perpetual, irrevocable, sub-licensable, worldwide, royalty-free and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display and exploit such User Materials on and/or in connection with the Service (including distributing and featuring your User Materials in promotional and marketing activities and materials related to the Service). When these Terms are terminated, we will make commercially reasonable efforts to remove and to respond to your requests to remove your User Materials from the Service, but you acknowledge that we might retain copies of User Materials and other information provided to us as a part of our standard archival and security practices. If we ever have to restore the Service from an archive or make other changes to our Service, the restored or changed version of the Service may publicly include your removed User Materials or other information that you previously provided to us. If User Materials or information that you previously intended to remove are restored to the Service, we will make commercially reasonable efforts to respond to your requests to remove those User Materials. You acknowledge and agree that we cannot delete or control the deletion or access to User Materials as they may exist on other websites outside our control, or copies retained by others, even if they are users of the Service. In the event that any User Materials have been included in any promotional, marketing, or other materials related to the Service, you agree that we shall have the right to include your User Materials on such materials created or ordered prior to your removal of such User Materials from the Service or your termination of your account with us.
4. Feedback You may provide InYourEcosystem with information and feedback regarding the features and performance of the Service, including reports of failures, errors, or other malfunctions you encounter on the Service along with any associated error messages (the “Feedback”). Feedback provided to InYourEcosystem may be used by InYourEcosystem to improve the Service, and accordingly, you hereby grant InYourEcosystem a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sublicense, distribute, modify and otherwise exploit such Feedback without restriction.
5. Privacy Our Privacy Policy (a current copy of which may be viewed at www. InYourEcosystem.com/privacy or obtained from us upon request) is hereby incorporated into the Terms by reference. Please read this policy carefully for information and notices concerning our collection, use, and disclosure of personal information we receive when you register for, use, or access the Service. You hereby agree to abide by our Privacy Policy and to stay informed of any changes to the posted Privacy Policy.
6. Notifications; Modification of Terms We may provide notices to you either by posting them on the Site or by email to the address you provided when you registered for an account. All notices are effective upon posting or when sent. Additionally, we may modify the Terms of Service and/or our Privacy Policy at any time by posting the modified version on the Site or by sending you a copy by email. Please check the Terms periodically for changes. By continuing to access or use the Service after we have posted or emailed any such modifications, you agree to be bound by the modified Terms of Service or Privacy Policy (as applicable), but solely on a going forward basis. Material changes to the Terms will automatically become effective, on a going forward basis, upon the earlier of (a) thirty (30) days after they are posted to the Site or sent to you via email or (b) your acceptance of the updated Terms. If your account on the Service is terminated, or if these Terms terminate for any reason, you will continue to be bound by these Terms.
7. InYourEcosystem Property Your rights with respect to the Service are limited to those rights expressly granted in the Terms of Service. You acknowledge and agree that InYourEcosystem and its licensors own all right, title, and interest in and to the Service, including all intellectual property rights therein, even if InYourEcosystem or its licensors incorporate any User Materials into subsequent versions of the Service. The Service is protected by copyright, trademark, trade secret, and other laws of both the United States and foreign countries. Except as expressly permitted in the Terms of Service, you may not reproduce, modify, or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use or exploit any portion of the Service, including without limitation any information provided through the Service. The content of the Service includes copyrighted materials, trademarks, trade secrets, and other proprietary information, which may include, without limitation, personal information of InYourEcosystem users, text, software, photos, video, audio visual recordings, graphics, music and sound. The entire contents of the Service and subsets thereof are also protected by copyright as collective works. InYourEcosystem owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to InYourEcosystem. You may not create a database or other archival collection in electronic or physical form by downloading and storing, transcribing, or otherwise utilizing by any manual or automated means, any materials contained on the Service.
8. General Prohibitions You agree not to do or attempt (or request that any third party do or attempt) any of the following during or in connection with yours (or there) use of the Service: a. Circumvent or attempt to circumvent any access or use restrictions, data encryption, or content protection related to the Service; b. Engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses, content available through the Service, including Content, other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Service, including without limitation any information residing on any server or database connected to the Service; c. Copy, modify or distribute the computer code used to generate web pages on the Service (other than as may be expressly permitted under a separate license agreement); d. Access, tamper with, or use non-public areas of the Service, our computer systems, or the technical delivery systems of our providers; e. Probe, scan or test the vulnerability of any system or network or breach any security or authentication measures; f. Access or search the Service with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by InYourEcosystem or other generally available third-party web browsers; g. Send unsolicited email, bulk email, junk mail, “spam” or chain letters, or promotions or advertisements for products or services, including without limitation those which are designed to promote, directly or indirectly, a product or service with which you have a business relationship or other commercial connection; h. In any way use the Service to send altered, deceptive or false source-identifying information; i. Decipher, decompile, disassemble or reverse engineer any of the software used to provide the Service; j. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming or mail-bombing the Site or the Service; k. Impersonate or misrepresent your affiliation with, or your lack of affiliation with, any person or entity; l. Use the Service in violation of InYourEcosystem’s or any third party’s intellectual property or other proprietary or legal rights; m. Use the Service in violation of any applicable law; n. Violate the rules or policies of any academic institution, school, or other organization by using, or in connection with your use of, the Service; o. Provide User Materials that you do not have a right to make available under any law or under contractual or fiduciary relationships; or p. Upload, post, email, transmit or otherwise make available User Materials that infringe or misappropriate any patent, trademark, trade secret, copyright or other proprietary rights of any party.
9. Third Party Services You may be informed of or receive access to third party services, products, offers, promotions, features, websites, resources, information and the like, including through other users of the Service (collectively, “Third-Party Services”) through links, postings, questions, answers, articles, or other elements of the Service. You acknowledge and agree that we are not responsible for the availability, quality, reliability, security, or performance of Third-Party Services, and we do not recommend or endorse and are not responsible or liable for any content, advertising, representations, opinions, advice, services, products, or other materials that you may receive through such Third-Party Services. It is up to you to take precautions to ensure that whatever links you select or any software, content, or materials that you view or download (whether from the Service or third-party websites or services) are free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature, and that you understand and agree to any terms, conditions, and policies, including but not limited to policies relating to the collection of any personally identifiable information, applicable to your use of any Third-Party Service.
10. Termination of Use; Discontinuation and Modification of the Service If you violate any of the Terms of Service, your permission to use the Service will automatically terminate. You also agree that we may, at any time and without notice to you, suspend or revoke your access to and use of the Service, and any account(s) you may have in connection with the Service: (i) for any reason or no reason at all; (ii) where we determine in our sole discretion that such action is reasonable in order to comply with legal requirements or to protect the rights or interests of InYourEcosystem or any third party; or (iii) in connection with any general discontinuation of the Service. We also reserve the right to modify the Service at any time without notice to you. We will have no liability whatsoever on account of any change to the Service or any suspension or revocation of your access to or use of the Service. You may terminate your account at any time by contacting customer service at support@InYourEcosystem.com.
11. Digital Millennium Copyright Act Compliance. If you are a copyright owner or an agent thereof, and you believe that any content hosted on the Service infringes your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Designated Copyright Agent with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail): (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Service are covered by a single notification, a representative list of such works at the Service; (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit InYourEcosystem to locate the material; (iv) Information reasonably sufficient to permit InYourEcosystem to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. The InYourEcosystem Designated Copyright Agent to receive notifications of claimed infringement can be reached as follows: InYourEcosystem Attention: Copyright Agent Email: support@inyourecosystem.com. For clarity, only DMCA notices should go to the InYourEcosystem Designated Copyright Agent. Any other feedback, comments, requests for technical support, reports of user abuse, or other communications should be directed to InYourEcosystem customer service through support@inyourecosystem.com. In some circumstances, in order to notify the user, account holder or host who submitted the allegedly infringing content to which we have disabled access in response to a notice, InYourEcosystem or its designee may forward a copy of a valid notice including name and email address to the user or account holder, or others in its discretion. Your notice is not private information, and we may choose to post a copy of your notice, with your personal information removed, on the Service and/or to Chilling Effects (www.chillingeffects.org) or another third-party website for publication and/or annotation. You acknowledge that if you fail to comply with all of these requirements, your DMCA notice may not be valid.
12. Indemnity You agree that you will be personally responsible for your use of the Service, and you agree to defend, indemnify and hold harmless InYourEcosystem and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (collectively, the “InYourEcosystem Entities”) from and against any and all claims, liabilities, damages, losses and expenses, including reasonable attorneys’ and accounting fees and costs, arising out of or in any way connected with (i) your access to, use of, or alleged use of the Service; (ii) your violation of any provision of these Terms of Service or any terms, conditions, or policies incorporated herein; (iii) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; and (iv) any disputes or issues between you and any third-party person or entity. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
13. The Service is Provided “AS-IS” THE SERVICE IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE INYOURECOSYSTEM ENTITIES SPECIFICALLY (BUT WITHOUT LIMITATION) DISCLAIM (I) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT; (II) ANY WARRANTIES ARISING OUT OF COURSE-OF-DEALING, USAGE, OR TRADE; (III) ANY WARRANTIES THAT THE INFORMATION OR RESULTS PROVIDED IN, OR THAT MAY BE OBTAINED FROM USE OF, THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE ACCURATE, RELIABLE, COMPLETE, OR UP-TO-DATE; AND (IV) ANY WARRANTIES WHATSOEVER REGARDING ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL ADVERTISED, MADE AVAILABLE, OR REFERRED TO YOU THROUGH THE SERVICE. YOU ASSUME ALL RISK FOR ALL DAMAGES, INCLUDING DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE. ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE DOWNLOADED, USED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK. ALL ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, IS PROVIDED “AS IS” AND NO ADVICE OR INFORMATION WHETHER ORAL OR WRITTEN OBTAINED FROM THE INYOURECOSYSTEM ENTITIES OR THROUGH THE SERVICE, WILL CREATE ANY WARRANTY. INCLUSION OF INFORMATION ON THE SERVICE IS FOR REFERENCE PURPOSES ONLY AND DOES NOT CONSTITUTE AN ENDORSEMENT OF QUALITY, RELIABILITY, OR ANY OTHER ATTRIBUTE OF THE SUBJECT OF THE INFORMATION, THE INFORMATION ITSELF, OR THE SOURCE OF THE INFORMATION. THE INYOURECOSYSTEM ENTITIES ARE NOT RESPONSIBLE FOR ANY DECISIONS YOU MAKE BASED UPON THE SERVICE, AND YOU ACKNOWLEDGE THAT THE CONTENT ON THE SERVICE MAY BE INACCURATE, MISLEADING, OUT OF DATE, OR INAPPROPRIATE FOR YOUR PURPOSES. THE INYOURECOSYSTEM ENTITIES ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE SERVICE, AND MAKE NO COMMITMENT OR WARRANTY TO CORRECT ANY SUCH ERRORS OR OMISSIONS OR UPDATE OR KEEP CURRENT THE INFORMATION CONTAINED IN THE SERVICE. IT IS YOUR RESPONSIBILITY TO VERIFY THAT THIS INFORMATION IS SUITABLE FOR YOUR PURPOSES. NOTHING ON OR AVAILABLE THROUGH THE SERVICE, WHETHER CONTENT POSTED BY OTHER USERS OR MATERIALS POSTED BY INYOURECOSYSTEM ENTITIES, CONSTITUTES A REPRESENTATION OR WARRANTY BY INYOURECOSYSTEM ENTITIES, THIRD PARTIES, OR ANY OTHER USERS OF THE SERVICE, WHETHER EXPRESS OR IMPLIED, REGARDING THE CONSEQUENCES RESULTING FROM THE USE OF ANY CONTENT, USER MATERIALS, OR ANY OTHER MATERIALS MADE AVAILABLE ON OR THROUGH THE SERVICE, AND UNDER NO CIRCUMSTANCE WILL ANY INYOURECOSYSTEM ENTITIES, THIRD PARTIES, OR OTHER USERS OF THE SERVICE BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON SUCH INFORMATION INCLUDING WHERE SUCH INFORMATION APPEARS TO BE ADVICE. COMPLIANCE WITH ALL LAWS AND REGULATIONS, AND ANY POLICIES OR RULES OF ANY ACADEMIC INSTITUTION, REMAINS YOUR SOLE AND ABSOLUTE RESPONSIBILITY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES IN SOME CIRCUMSTANCES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
14. Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE INYOURECOSYSTEM ENTITIES NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OPERATING OR DELIVERING THE SERVICE WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY USER MATERIALS OR OTHER INFORMATION OR CONTENT AVAILABLE ON OR THROUGH THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE INYOURECOSYSTEM ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT THE INYOURECOSYSTEM ENTITIES ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. WE ARE NOT LIABLE FOR YOUR RELIANCE ON INFORMATION PROVIDED THROUGH THE SERVICE, AND YOU SHOULD INDEPENDENTLY VERIFY THE INFORMATION MADE AVAILABLE THROUGH THE SERVICE AND ENSURE THAT IT IS ACCURATE, COMPLETE, AND APPROPRIATE FOR YOU. THE INYOURECOSYSTEM ENTITIES WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY USER MATERIALS UPLOADED ONTO OR DOWNLOADED FROM OR THROUGH THE SERVICE. THE INYOURECOSYSTEM ENTITIES ARE NOT RESPONSIBLE FOR ANY USER MATERIALS SUPPLIED BY, OR ANY OTHER ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE THE INYOURECOSYSTEM ENTITIES FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE 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. YOU AGREE THAT THE AGGREGATE LIABILITY OF THE INYOURECOSYSTEM ENTITIES TO YOU FOR ANY AND ALL CLAIMS ARISING FROM OR RELATED TO THE USE OF THE SERVICE IS LIMITED TO THE GREATER OF (I) THE AMOUNTS YOU HAVE PAID TO INYOURECOSYSTEM FOR ACCESS TO AND USE OF THE SERVICE GIVING RISE TO SUCH LIABILITY IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM OR (II) $1. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN INYOURECOSYSTEM AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CERTAIN CIRCUMSTANCES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH CASES, THE INYOURECOSYSTEM ENTITIES’ LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
15. Applicable Laws and Dispute Resolution We operate the Service from our offices in the State of [New York], and we make no representations that information and materials included in the Service are appropriate or available for use in other locations. Access to the Service from any territory where the content is illegal is prohibited. If a dispute arises between you and InYourEcosystem, you and InYourEcosystem agree that we will resolve any claim that arises out of or relates to these Terms or the Service (a “Claim”) solely in accordance with the provisions set forth below or as we and you otherwise agree in writing. a. Law and Forum for Disputes – These Terms shall be governed in all respects by the laws of the State of New York without reference to conflict of law provisions. You agree that any claim or dispute you may have against InYourEcosystem shall be exclusively resolved by a court located in [New York,NY], except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within [New York,NY] for the purpose of litigating all such claims or disputes. b. Improperly Filed Claims - All claims you bring against InYourEcosystem must be resolved in accordance with this Section, and any claims filed or brought contrary to the Section shall be considered improperly filed. Should you file a claim contrary to this Section, I InYourEcosystem may recover reasonable attorneys’ fees and costs up to $1000, provided that InYourEcosystem has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
16. General The Terms of Service, together with the Privacy Policy, the Sharing Guidelines, and any other terms, conditions, or policies that InYourEcosystem may post on the Service from time to time, constitute the entire and exclusive understanding and agreement between you and InYourEcosystem regarding your use of and access to the Service, and except as expressly permitted above may only be amended by a written agreement signed by authorized representatives of the parties. You may not assign or transfer the Terms of Service or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign the Terms of Service at any time without notice. The failure to require performance of any provision shall not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of the Terms of Service constitute a waiver of any subsequent breach or default or a waiver of the provision itself. Use of paragraph headers in the Terms is for convenience only and shall not have any impact on the interpretation of particular provisions. In the event that any part of the Terms of Service is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect.
17. Contact Information If you have any questions regarding the Terms of Service or the Service, please contact us at support@inyourecosystem.com.