INTELLIBED AUSTIN
Web Site User Agreement

Terms of Use

This Agreement sets forth the terms and conditions that govern your access and use of the INTELLIBED AUSTIN (the "Site") Web Site owned and operated by Nehmedia LLC for INTELLIBED AUSTIN collectively referred to as "SITE OWNERS".

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE AND SHOULD IMMEDIATELY CEASE SUCH USE. SITE OWNERS MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.

1. Copyright, Licenses and Idea Submissions.

Domestic and International copyright and trademark laws protect the entire contents of the Site. The owners of the intellectual property, copyrights and trademarks are SITE OWNERS, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE.

You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials (certain areas may require paid license fee prior to downloading any material). You agree to grant to SITE OWNERS a non-exclusive, royalty-free, worldwide, sub licensable, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as comments, bulletin boards, forums and newsgroups) or by e-mail to INTELLIBED AUSTIN or SITE OWNERS by all means and in any media now known or hereafter developed. You also grant to SITE OWNERS the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against SITE OWNERS for any alleged or actual infringement or misappropriation of any proprietary right in your communications to SITE OWNERS or the Site.

If you believe that content appearing on the Site constitutes copyright infringement of another party's rights, please contact us at support@intellibedaustin.com.

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2. Trademarks.

INTELLIBED AUSTIN and/or any other names of SITE OWNERS, or its Web sites, seminars, conferences, events, trade shows, publications, products, content or services referenced herein or on the Site are the exclusive trademarks or service marks of SITE OWNERS, including the "look" and "feel" of the Site, color combinations, layout, and all other graphical elements. Any use of SITE OWNERS’s trademarks is strictly prohibited without the express permission from SITE OWNERS. Other product and company names mentioned in the Site may be the trademarks of their respective owners.

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3. Use of the Site.

You understand that, except for information, products or services clearly identified as being supplied by SITE OWNERS, SITE OWNERS do not operate, control or endorse any information, products or services on the Internet in any way. Except for SITE OWNERS identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties that are not affiliated with SITE OWNERS. You also understand that SITE OWNERS cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.

SITE OWNERS explicitly disclaims any responsibility for the content or availability of information contained in our search index or directory. SITE OWNERS also disclaims any responsibility for the completeness or accuracy of any directory or search result.

In connection with your use of the Site, you agree you will not:

a) Transmit any message, information, data, text, software or images, or other content ("Material") that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable that may invade another's right of privacy or publicity;

b) Impersonate any person or entity, including but not limited to, a SITE OWNER official, forum leader, guide or host or falsely state or otherwise misrepresent your affiliation with a person or entity;

c) Post or transmit any Material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);

d) Post or transmit any Material that contains a virus or corrupted data;

e) Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;

f) Use the Site’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text);

g) Post or transmit any unsolicited advertising, promotional materials, "junk mail", "spam," "chain letters," "pyramid schemes" or any other form of solicitation or any non-resume information such as opinions or notices, commercial or otherwise;

h) Violate any applicable local, state, national or international law;

i) Upload or transmit any Material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

j) Delete or revise any Material posted by any other person or entity;

k) Manipulate or otherwise display the Site by using framing or similar navigational technology, or

l) Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any SITE OWNERS product or service if you are not expressly authorized by such party to do so.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. SITE OWNERS PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND SITE OWNERS SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. YOU UNDERSTAND FURTHER THAT THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOU ACCESS SUCH MATERIALS AT YOUR RISK. SITE OWNERS HAVE NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.

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LIMITATION OF LIABILITY

IN NO EVENT WILL SITE OWNERS BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF SITE OWNERS OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, SITE OWNERS'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

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4. Equipment.

You shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Site and all charges related thereto.

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5. Indemnification and Reservation of Rights.

You agree to indemnify, defend and hold harmless SITE OWNERS, their officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Site from and against all losses, expenses, damages and costs, including attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or your use and access of the Site.

SITE OWNERS reserves the right to release current or past member or Web site user information if SITE OWNERS believes that a member’s account is being used to commit unlawful acts, if the information is subpoenaed and/or if SITE OWNERS deems it necessary and/or appropriate.

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6. Third Party Rights.

The provisions of paragraphs 3 (Use of the Site), and 5 (Indemnification) are for the benefit of SITE OWNERS and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

7.Term; Termination.

Either party without notice may terminate this Agreement at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 3 (Use of the Site), 5 (Indemnification), 6 (Third Party Rights) and 11 (Miscellaneous) shall survive any termination of this Agreement.

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8. Special Admonitions for International Use.

Recognizing the global nature of the Internet, you agree to comply with all local rules including, without limitation, rules about the Internet, data, e-mail, or privacy. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

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9. Dealings with Third Parties.

Your participation, correspondence or business dealings with any third party found on or through the Site, regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that SITE OWNERS shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.

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10. Links.

The Site may provide, or third parties may provide, links to non-SITE OWNERS Internet World Wide Web sites or resources. Because SITE OWNERS have no control over such sites and resources, you acknowledge and agree that SITE OWNERS are not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that SITE OWNERS 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 content, goods or services available on or through any such site or resource.

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11. Miscellaneous.

This Agreement shall all be governed and construed in accordance with the laws of the State of Texas, United States applicable to agreements made and to be performed in the State of Connecticut, United States. You agree that any legal action or proceeding between SITE OWNERS and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in the County of Travis, State of Texas, United States.

Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. SITE OWNERS's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. SITE OWNERS may assign its rights and duties under this Agreement to any party at any time without notice to you.

Any rights not expressly granted herein are reserved.

Privacy Policy Overview

INTELLIBED AUSTIN and its developer Nehmedia LLC (SITE OWNERS) values your trust and respects your privacy. Please read the following to learn more about our privacy policy.

This policy covers how SITE OWNERS treats personal information collected and received on INTELLIBED AUSTIN, including any information related to your use of INTELLIBED AUSTIN and any products and services provided by SITE OWNERS. Personal information is information about you that is personally identifiable like your name, address, email address, or phone number, and that is not otherwise publicly available. This policy does not apply to the practices of companies or web sites that SITE OWNERS does not own or control, or to people that are not employees or contractors of SITE OWNERS.

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Information Collection and Use

General
SITE OWNERS collects personal information when you register, subscribe or purchase a product or service from INTELLIBED AUSTIN or its affiliated web sites. We only collect information when you visit INTELLIBED AUSTIN pages after you have logged in to the Website with your unique user id and password. We do not collect information from any third parties or other web sites. When you register, subscribe or purchase a product or service we ask for information such as your name, email address, street address, zip code and other related information. For subscription purchases, we may also ask for your credit card number, Pay-Pal account, and/or company billing information. Once you register or purchase from INTELLIBED AUSTIN and sign in to our services, you are not anonymous to us. SITE OWNERS collects information about your transactions with us including information about your use of various products and services that we offer. SITE OWNERS automatically receives and records information on our server logs from your browser, including your IP address, INTELLIBED AUSTIN cookies information, and the page you request. SITE OWNERS uses information for the following general purposes: to customize the content you see, fulfill your requests for products and services, improve our services, contact you, and conduct research. We do not disclose any information collected to any outside parties, unless required by law.

Children
INTELLIBED AUSTIN is a family oriented personal website. All information provided may be subject to editing to eliminate inappropriate language or descriptions.

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Information Sharing and Disclosure
SITE OWNERS does not rent, sell, or share personal information about you with other people or companies except when we have your permission, or under the following circumstances: We respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims; We believe it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of SITE OWNERS's terms of use, or as otherwise required by law. We transfer information about you if SITE OWNERS is acquired by or merged with another company. In this event, SITE OWNERS will notify you before information about you is transferred and becomes subject to a different privacy policy. SITE OWNERS does not display any targeted advertisements based on personal information except for promoting its own products and services. SITE OWNERS does not provide any personal information to any sites that may be referenced in a link on INTELLIBED AUSTIN. However, when you transfer to another site via a link, SITE OWNERS's privacy policies are no longer applicable, and you will be subject to the privacy policy of the web sites and companies on their respective links.

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Cookies
SITE OWNERS and INTELLIBED AUSTIN may set and access INTELLIBED AUSTIN cookies. SITE OWNERS does not let other companies set and access INTELLIBED AUSTIN cookies on your computer. Other companies' use of their cookies is subject to their own privacy policies, not this one.

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Account Information and Preferences
You can edit your INTELLIBED AUSTIN Account Information including your preferences at any time. New categories of marketing communications may be added to the Preferences page from time to time. Users who visit this page can opt out of receiving future marketing communications from these new categories or they can unsubscribe by following instructions contained in the messages they receive. We reserve the right to send you certain communications relating to the Nehemdia and INTELLIBED AUSTIN service, such as service announcements, administrative messages and the INTELLIBED AUSTIN Newsletter, that are considered part of your INTELLIBED AUSTIN account, without offering you the opportunity to opt-out of receiving them. You can delete your INTELLIBED AUSTIN account by visiting our Account Deletion page. We main retain some information for research purposes in our archived records after your account has been deleted.

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Confidentiality and Security
We limit access to personal information about you to employees who we believe reasonably need to come into contact with that information to provide products or services to you or in order to do their jobs. We have physical, electronic, and procedural safeguards that comply with federal regulations to protect personal information about you.

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Changes to this Privacy Policy
SITE OWNERS and INTELLIBED AUSTIN may update this policy. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your INTELLIBED AUSTIN account or by placing a prominent notice on our site.

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Questions and Suggestions
If you have questions or suggestions, please complete a feedback form or you can contact us at: