This terms of service explains the terms of services of innovate5G Inc. (“innovate5G” or “in5G“) on www.innovate5G.com (the “Website“) and with respect to in5G’s mobile application (the “Application“) (collectively referred to as “the Services“). It describes terms of services of using in5G and associated with you for using these services.
By surfing, logging or connecting to, accessing or using the Service, you acknowledge that the Terms of Service constitute a binding and enforceable legal contract between the Company and any person connecting to, accessing or using in5G.
You must not use any of our websites in any way that causes, or may cause, damage to our websites or impairment of the availability or accessibility of our websites; or in any way which is unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
You must not use our websites to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without innovate5G Inc.’s written consent.
All materials included in the Services, including, without limitation, text, images, graphics, software, text files, reports, performance information, performance data, metrics, scoring or similar information about wireless networks, carriers, products and/or services and the selection and arrangement thereof (“Content”) are or may be proprietary property of innovate5G Inc. or its licensors. Unless expressly permitted by written agreement with in5G or the applicable owner, you may not copy, sell, trade, modify, distribute, publish, publicly display or create derivative works of the Services or any Content. Except to the extent that the provisions of this clause are expressly prohibited by applicable law, you may not reverse engineer, decompile, replicate, or otherwise attempt to derive source code of (or the underlying ideas, algorithms, structure or organization of) the Services or any Content. Without limiting the foregoing, you may not reproduce, share, distribute, publish, link to or otherwise use or reference Content (including derived performance information) for commercial gain without a written license agreement from in5G.
If you receive written permission from in5G to use Content containing in5G reports, content, or information for a non-commercial article (a scholarly, informational or news article) (“Document”), you will:
- Not allow any third party to reproduce, distribute, publish, link to or otherwise use or reference such in5G reports, content, or information (in whole or in part) without the third party obtaining prior written consent from in5G and
- Prominently include a statement in your Document that uses the following source information and terms:
The trademarks, service marks, trade names, domain names, logos and other brand elements (the “Trademarks”) used and displayed on or in the Services are registered and unregistered trademarks or names, in the United States and/or other countries, belonging to in5G or their respective owners. Nothing in the Services shall be construed as granting, by implication or otherwise, any license or right to use any Trademark used or displayed on or in the Services without the express written permission of in5G or the Trademark owner.
You may not remove, obscure or alter any proprietary rights notices, such as copyright or Trademark notices, contained on or in the Services or any Content.
Subject to all the terms of the Agreement, and only if and for so long as in5G chooses to make any such software available to you, in5G grants to you a non-transferable, exclusive, personal, royalty-free license to use any software made available to you as Content. You may not sublicense this right to any other person or entity.
Except as expressly permitted by in5G, any access or attempt to access non-public or subscription areas of the Services or in5G servers for any purposes is prohibited. You agree that you will not (a) use any robot, spider, other automated means or manual process to “screen scrape,” monitor, “mine” or copy pages included in the Services or any Content therein, without in5G’s express written permission, (b) spam or send unsolicited email to any other user of the Services for any reason, (c) use any device, software or routine to interfere or attempt to interfere with the proper working of the Services, or (d) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services.
RESPONSIBILITY OF YOU
We, at in5G, take great measures to provide you with the best experience you can have while using the Service. However, in5G has no control over the conduct of any user, and disclaims all liability in this regard. Users are advised to carefully and thoroughly consider whether or not to make public or available any information and carefully examine all necessary details related to any communication with other users prior to any engagement or communication being made. It is your responsibility to ensure that your use of the Application to post content or communicate with other users is compliant with all applicable laws, rules, and regulations.
Our websites and services are provided ‘as is’ without any representations or warranties, express or implied. in5G makes no representations or warranties in relation to our websites or the information and materials provided therein.
Without prejudice to the generality of the foregoing paragraph, in5G does not warrant that:
- in5G Mobile application’s information is true, complete or non-misleading
- in5G mobile version support of features will be consistent across platform
- in5G websites will be constantly available, or available at all
- in5G website’s information is complete, true, accurate or non-misleading
- in5G mobile version will support all current and future version of operating systems
in5G can voluntarily decide to support/remove any platforms going forward without any notifications to users. in5G can update or remove features of mobile and web versions.
Nothing on any of our websites and mobile application constitutes, or is meant to constitute, advice of any kind.
LIMITATIONS OF LIABILITY
in5G will not be liable to you or anyone in relation to the contents of, or use of, or otherwise in connection with, our websites, mobile application and related services:
- For any direct, indirect, special or consequential loss.
- For any losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
- These limitations of liability apply even if in5G has been expressly waived off these conditions of potential loss.
- Information is provided for recreational purposes only.
You agree to defend and indemnify in5G, its affiliates and their respective licensors and suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal fees, brought by third parties as a result of (a) your breach of the Agreement, (b) your violation of any law or the rights of a third party, or (c) your use of the Services.
COPYRIGHTS & TRADEMARKS
The trademarks, names, logos and service marks (collectively ‘trademarks’) are registered and unregistered trademarks of innovate5G. Nothing contained on these websites and mobile application should be construed as granting any license or right to use any trademark without the prior written permission of innovate5G.
If in5G organizes the operation of the Services within a different framework, or through another legal structure or entity, or if in5G is acquired by, or merged into or with another entity, or if in5G enters bankruptcy, provided however, that those entities agree to be bound by the provisions of this policy, with respective changes taken into consideration.
These terms and conditions shall be governed in all respects by the laws of United States. Each of the parties irrevocably consents to the exclusive personal jurisdiction of the courts located in Dallas, Texas, as applicable, for any matter arising out of or relating to these terms, except that in actions seeking to enforce any order or any judgment of such courts located in United States, such personal jurisdiction shall be non-exclusive.
CHANGES TO in5G SERVICE
in5G may from time to time change the terms of service. The Services and any Content are subject to change from time to time without advance notice to you. In addition, in5G may permanently or temporarily stop providing the Services or any Content, or any associated features, to you or to users of the Services generally, at in5G’s sole discretion, also without advance notice.
Any software included in the Content that you use may automatically download and install updates from time to time. These updates are generally improvements, bug fixes, new modules or new versions of the software. You agree to receive updates, and permit their delivery to you, as part of your use of the applicable Content.
CHANGE TO TERMS OF SERVICE AGREEMENT
By using the Services after any such revision, you agree to be bound by the revisions and should therefore periodically visit this page (or the page containing additional terms, as applicable) to determine the current terms and conditions. Substantial changes will take effect 30 days after in5G has posted an initial notification on the Website’s homepage or any other relevant web pages. Other changes will take effect seven (7) days after their initial posting on the Website. However, if in5G amends this terms of service to comply with legal requirements, the amendments will become effective immediately upon their initial posting, or as required.
You agree to be bound by any of the changes made in the terms of this terms of service. Continuing to use the Services will indicate your acceptance of the amended terms. If you do not agree with any of the amended terms, you must avoid any further use of the Services.