TERMS OF USE

1. Acceptance of Terms of Use. InEight provides you with access to www.ineight.com website (“Site”), and use of the Site subject to following Terms of Use, InEight’s Privacy Policy and all applicable laws and regulations (collectively “Conditions”). By accessing and using the Site you accept such Conditions without limitation.
2. Content Ownership. The content or other materials on the Site including, but not limited to, all text, audio, images and other materials or elements (collectively the “Content”) are owned and copyrighted by InEight, its subsidiaries, its licensors or others with all rights reserved. You may not use the Content, except as provided in this Policy, without the prior written permission of InEight. All trademarks, trade names and logos and all related product names, design marks and slogans which appear on the Site are either the trademarks or service marks (registered or unregistered) of InEight, its subsidiaries, its licensors, partners or suppliers, unless otherwise stated herein. InEight, and its subsidiaries, partners, suppliers, and licensors expressly reserve all intellectual property rights in all Content on the Site. No license is granted to you in connection with such Content contained on the Site.
3. User Conduct. InEight maintains the Site for InEight, its subsidiaries and licensors business purposes and use only. You are not permitted to use this site for your personal or commercial gain. You agree to not to engage in any of the following activities on the Site:
   • Upload, post or transmit any informational content that is unlawful, threatening to another person or entity, infringing, defamatory, false, misleading, abusive, harassing, libelous, vulgar, obscene, pornographic, profane, invades the privacy of another, or is otherwise objectionable;
   • Intentionally or unintentionally violate or encourage conduct that would be considered a violation of any local, state or federal law, either civil or criminal;
   • Upload, post or transmit any informational content that is the copyrighted, patented or trademarked intellectual property of another, or the trade secret of or confidential information of another; and
   • Use the Site to advertise or perform any commercial solicitation.
4. EXCLUSION OF LIABILITY.
   NEITHER INEIGHT NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, NOR ANY OF THEIR RESPECTIVE AGENTS WILL BE LIABLE FOR ANY DAMAGES OR INJURY THAT ACCOMPANY OR RESULT FROM YOUR USE OF INEIGHT SITE, AND YOUR USE OF INEIGHT SITE IS AT YOUR OWN RISK. THIS INCLUDES (BUT IS NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY OF THE FOLLOWING: USE OF (OR INABILITY TO USE) THE SITE; USE OF (OR INABILITY TO USE) ANY SITE TO WHICH YOU HYPERLINK FROM OUR SITE; FAILURE OF PERFORMANCE; ERROR; OMISSION; INTERRUPTION; DEFECT; DELAY IN OPERATION OR TRANSMISSION; COMPUTER VIRUS; LINE FAILURE; INTRUSION, HACKING OR VIOLATION OF ANY INEIGHT SITE BY ANY THIRD PARTY; OR ANY ILLEGAL ACTIVITIES OF ANY THIRD PARTIES. INEIGHT DOES NOT WARRANT THE SECURITY OF ANY INFORMATION YOU TRANSMIT TO IT AT INEIGHT SITE. INEIGHT IS NOT LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO THE FOLLOWING: DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE SITE OR THE CONTENT THEREIN WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY
   OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, INEIGHT IS NOT LIABLE EVEN IF IT HAS
   BEEN NEGLIGENT OR IF OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR BOTH. THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. INEIGHT’S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, CAUSES OF ACTION OR OTHERWISE WILL NOT BE GREATER THAN THE AMOUNT THAT YOU PAID TO ACCESS THE SITE.
5. THE CONTENT OF ANY INEIGHT SITE IS PROVIDED “AS IS” AND INEIGHT DISCLAIMS ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE FOLLOWING WARRANTIES:
   • THE CONTENT IS OF ANY PARTICULAR LEVEL OF QUALITY OR FIT FOR A PARTICULAR PURPOSE;
   • THE CONTENT IS ERROR-FREE AND ACCURATE;
   • THE FUNCTIONAL ELEMENTS CONTAINED IN THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE;
   • DEFECTS WILL BE CORRECTED;
   • THE SITE OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
   • SUCCESSFUL RESULTS OR OUTCOMES WILL RESULT FROM PROPERLY FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECIPES CONTAINED IN THE CONTENT;
   • THE SITE IS SECURE FROM TAMPERING, HACKING OR INTRUSION BY THIRD PARTIES.
6. Export Control. Software and other materials from the Site may be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from the Site may be downloaded or exported in violation of any such laws. InEight does not authorize the exportation of any software or technical data from the Site to any jurisdiction prohibited by the United States Export Control laws.
7. InEight may at any time, in its sole discretion and without notice, revise or modify this Policy. You are bound by any such revisions and should periodically visit this Site to review the current Policy.
8. You are prohibited from violating or attempting to violate the security of the Site, including without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, flooding, spamming, mail bombing or crashing; (d) by using any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site; or (e) by using or attempting to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than generally available third party Web browsers.
9. Choice of Law. These Terms of Use, and your use of the Site is governed by the laws of the State of Arizona, USA, without regard to its choice of law provisions.
10. These Terms of Use constitute the entire agreement between you and InEight and govern your use of the Site. The failure of InEight to enforce any right or provision of this Policy shall not constitute a waiver of any such right or provision. If any provision of this Policy is found by a court of competent jurisdiction to be invalid, then such provision shall be eliminated from the Policy and the surviving terms shall remain in full force and effect. Any claims arising under this Policy must be brought within one (1) year after such claim or action or action arose or be forever barred.