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October 2022
Thank you for reviewing our Intead Plus Membership. Please read and agree to the following Terms of Service.
These Terms of Service (“Terms”) are a legally binding agreement between the entity or individual (referred to in these Terms as “You”) identified in the order form or online order form (the “Order”) and Intead, LLC (referred to in this Agreement as “Intead,” “We,” “Us,” or “Our”) about Your use of the Site. If you are an individual and are entering into these Terms on behalf of an entity, you represent and warrant that you have the authority to bind the entity to these Terms.
THE “EFFECTIVE DATE” FOR THESE TERMS IS THE EARLIER OF THE FIRST DATE OF ANY APPLICABLE ORDER OR THE FIRST DAY YOU REQUEST, USE OR ACCESS THE SITE. EACH ORDER MAY NOT BE CANCELLED ONCE THIS AGREEMENT HAS BEEN ACCEPTED, AND NO REFUNDS WILL BE GRANTED.
We update these Terms from time to time. If you have an active subscription to the Site, Intead will let You know when we update these Terms via an in-application notification or by email (if You subscribe to receive email updates).
Date last modified: OCTOBER 19, 2022
THIS AGREEMENT INCLUDES THE FOLLOWING:
Contents
You agree that this electronic Terms of Service Agreement, combined with your accessing and using these Sites, has the same legal force and effect as a written contract with your written signature and satisfies any laws that require a writing or signature. You agree not to challenge the validity, enforceability, or admissibility of this Agreement on the grounds that it was electronically transmitted or authorized. In addition, you acknowledge that you have had the opportunity to print this Agreement.
Certain portions of the Sites include services which you must register to use (collectively the “Sites”). Please refer to our Privacy Policy for information about how Intead collects, uses, and stores end-user information. When you register for certain services, you may receive a password and a personal account (“Personal Account”). Your Personal Account will include information provided by you.
Personal Account: You are responsible for the accuracy of the information included in your Personal Account and for (1) keeping your Personal Account current and updating information as necessary; and (2) maintaining the confidentiality of your Personal Account passwords. You are responsible for all usage and activity on your Personal Account, including any third party authorized by you to use your password. You agree to accept responsibility for all activity that occurs on your Personal Account.
Unauthorized Use of Your Personal Account
You must immediately notify Intead of any known or suspected unauthorized use(s) of your Personal Account or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card and/or financial information. Please report any unauthorized use to info@intead.com.
Restrictions: Intead is dedicated to providing a safe environment for all Site users, and to that end, no end user may: (1) use an account of another person with the intent to impersonate that person; or (2) use an account to which another person has rights without such person’s explicit authorization. Failure to comply with the foregoing is considered a breach of this Agreement, which may result in immediate termination of your Personal Account and blocked access to the Sites.
Intead Rights to Your Personal Account: Intead may access, preserve and disclose your Personal Account information and (defined below) provide services if required to do so by law and/or if Intead, in its sole discretion, believes that such access, preservation or disclosure is reasonably necessary to: (1) comply with legal authorities, agencies and/or processes; (2) enforce this Agreement; and (3) protect the rights, privacy or safety of Intead and our affiliates, partners, Colleges, Universities, Recruiters, end users, and the public.
Term of Personal Account: Intead may maintain your Personal Account for as long as it performs Site services and to provide information to end users as Intead and/or its partners or affiliates offer additional products and services. Detailed information as to how you may request the removal of your Personal Account please email info@intead.com
Fees: You agree to pay Us for your subscription on the basis and at the rates specified in Your Order, or if no rate is stated, You agree to pay Our then current standard rates available here www.intead.com/plus-membership. Any terms or conditions appearing on any purchase order issued by You that are different from, or in addition to, the terms of this Agreement will not be binding on Us, even if payment is accepted. All prices are shown in U.S. dollars, and all payments shall be made in U.S. dollars.
Subscriptions: By placing an Order, You are purchasing a subscription, and You agree to pay all fees and charges incurred in connection with Your subscription. Once ordered, Your subscription may not be canceled or refunded. You acknowledge and agree that regardless of any monthly or quarterly payment terms offered to you, Your initial subscription term is twelve (12) months (“Initial Subscription Term”). At the conclusion of Your Initial Subscription Term, Your subscription will automatically renew for successive 12-month terms (each a “Renewal Subscription Term”) unless You provide Us with written notice of Your intent not to renew at least thirty (30) days before the end of your then-current Subscription Term. We will automatically bill you for the subscription fees applicable to the Renewal Subscription Term using the same payment method and payment terms described in your original Order unless You provide notice of intent not to renew as described in the previous sentence. Fees for each Renewal Subscription Term are subject to increase. We will use commercially reasonable efforts to notify You of any subscription fee increase via email. Otherwise, pricing changes will be posted on the Site here www.intead.com/plus-membership. The Initial Subscription Term and any Renewal Subscription Term(s) (defined below) are collectively referred to as the "Subscription Term.”
Credit Card Orders: All fees are paid via credit card. You represent and warrant that You will not use a credit card unless You have all necessary legal authorization to do so. Intead is not responsible for any unauthorized amounts billed to Your credit card by a third party. Credit card payment processing services are provided by a third-party payment processor, Stripe, Inc. ("Stripe"), and are subject to the Stripe Terms of Service https://stripe.com/legal and the Stripe Privacy Policy located here https://stripe.com/privacy. Standard credit card or other third-party processing fees apply. Intead is not responsible for the performance of any third-party credit card processing services.
Taxes: Fees are exclusive of taxes. You are responsible for the payment of all sales, use, and similar taxes arising from or relating to the Services rendered hereunder, except for taxes related to Our net income and any taxes or obligations imposed upon Us under federal, state, and local wage laws.
Late Payments: Intead may charge You a late charge of one percent (1%) per month (or part of a month), or the maximum lawful rate permitted by applicable law, for any amounts not paid on time. If You fail to pay Intead’s charges (other than charges disputed in good faith) when due, Intead may suspend Your access to the Intead Services. Intead will not initiate suspension while You are disputing charges reasonably and in good faith and are cooperating diligently in resolving the dispute. Should Intead be forced to commence legal actionto collect fees owed, Intead is entitled to recover its attorneys’ fees and other direct costs of collection.
Ownership. These Sites include copyrights, trademarks, trade dress, service marks, logos, domain names, and other proprietary materials including, but not limited to, text, information, data, artwork, video, audio, images, graphics, and software (collectively, the “Sites’ Content”). Intead, its affiliates, and third-party content providers own all right, titles, and interests in and to the Sites’ Content. You acknowledge and agree that the Sites’ Content is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws worldwide. Except for the limited license granted in this Agreement, nothing grants you any license, title, or ownership of or to the Sites’ Content.
Limited License. Subject to this Agreement, Intead grants you a limited right and license to copy and use, on one personal computer, this Sites and any Site Content, features, services, software, and technology on this Sites (collectively the “Materials”) solely for your personal, non-commercial use. No other use of the Materials is authorized. Except as expressly authorized by Intead, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Materials in whole or in part. Framing Materials or posting any Materials on other websites is strictly prohibited. This license is provided on an entity basis for the particular university or other institution purchasing the license. The license may be used concurrently by more than one user for the university or institution entering into this Agreement. If an individual originally assigned to the license is no longer employed by You or no longer requires access to the Site, you may request reassignment of the license to an alternative user by emailing Intead at info@intead.com.
Restrictions. You may not remove any proprietary notices included in any Materials. You shall not resell, rent, lease, or provide Materials to any person, and you shall not modify, publish, participate in the transfer or sale of, reproduce (except for as otherwise provided for herein) or create new works from, any of the Materials in whole or in part. You are specifically prohibited from using any of the Content for any commercial purposes and shall not send commercial advertising or mass mailings of any kind. You may not reverse engineer, reverse assemble, decompile, or otherwise attempt to discover any source code of the Sites and/or Materials in any manner that is inconsistent with the limited licenses granted herein. Intead reserves the right to block your use of the Sites and Materials and any portions thereof, cancel any Personal Accounts, memberships or subscriptions for violation of any of these rules.
Infringements. If you think any of the content or information posted to this Sites infringes a copyright, trademark, patent, or other right of another party, please email info@intead.com.
The Sites include areas that allow end-users to participate in forums such as, but not limited to, chat rooms and message boards. Intead has adopted the following rules of conduct to assure end-users who participate in these forums do so in a lawful and appropriate manner.
All information, email, text, photographs, software, music, graphics, video, messages, or other materials (“User Content”), whether publicly posted or privately submitted, by senders are the sole responsibility of the sender. You are solely responsible for any User Content you upload, transmit, post, send, email, or otherwise make available via the Sites. Intead is not liable for any user content or for any errors or omissions in or for any loss or damage incurred as a result of the use of any User Content made available on the Sites.
The following conduct is prohibited on or in connection with the Sites:
These rules of conduct are strictly enforced. A violation of these rules of conduct will not be tolerated and may result in the sender being blocked from use of the Sites. If the sender is a member of a subscription or membership service, Intead may disable the sender’s account without compensation or refund.
INTEAD RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO DISCLOSE TO THIRD PARTIES AND/OR LAW ENFORCEMENT AUTHORITIES INFORMATION ABOUT A COMMUNICATION ON THE SITE, INCLUDING, BUT NOT LIMITED TO, THE SENDERS NAME, ACCOUNT INFORMATION, MEMBER AND COOKIE NUMBERS, TRANSMISSION DATA, PAST AND SUBSEQUENT SERVICE USE, AND ANY OTHER INFORMATION DEEMED NECESSARY BY INTEAD TO ADDRESS ACTUAL OR ALLEGED VIOLATIONS OF THIS AGREEMENT AND/OR TO PREVENT FUTURE VIOLATIONS. THESE DISCLOSURES MAY BE MADE WITH OR WITHOUT PRIOR NOTICE TO THE SENDER. BY USING THE SITE, YOU IRREVOCABLY CONSENT TO SUCH DISCLOSURES.
Intead has the right to edit, modify, remove, or refuse to post any User Content for any or no reason in Intead’s sole discretion. Notwithstanding Intead’s rights set forth above, Intead cannot and does not undertake to review all User Content before or after they are posted on the Site and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, Intead assumes no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. Intead has no liability or responsibility to anyone for the performance or nonperformance of the activities described in this section.
By transmitting, posting, emailing, uploading, or otherwise making User Content available on or via the Sites, you represent and warrant to Intead that you have all rights, title, and interest in and to such User Content and grant Intead a perpetual, irrevocable, worldwide, royalty-free, non-exclusive right and license to use, reproduce, copy, create derivative works from, modify, publish, edit, translate, distribute, transmit, perform and display the User Content in any media, form, format, or forum now known or hereafter developed. Intead may, but is not obligated to, monitor User Content and reserves the right, in its sole discretion, to block, refuse or remove any User Content from the Sites without notice.
Third parties may offer products and services for sale on the Sites and/or via links to third-party sites. Intead is not responsible for and does not warrant the products and services offered by third parties. Intead does not assume any responsibility or liability for the products and/or services offered by third parties. Please be sure to review these third parties’ terms of sale, terms of service, and privacy policies before purchasing any products and/or services.
THE CONTENT, SERVICES, MATERIALS, PRODUCTS, AND SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, UNINTERRUPTED ACCESS AND/OR INFRINGEMENT.
WHILE INTEAD USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THE SITE, WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONTENT, PRODUCTS, AND/OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY DATA, TEXT, IMAGES, VIDEO, SOUNDS, OR COMPUTER PROGRAMS, AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR TRUTH, ACCURACY OR COMPLETENESS AND/OR ANY VIRUSES THAT MAY INFECT YOUR COMPUTER OR OTHER PROPERTY IN CONNECTION WITH YOUR USE OF THE SITE.
THIS SITE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND INTEAD DOES NOT PROMOTE OR ENDORSE ANY PARTICULAR RECRUITER, COLLEGE, UNIVERSITY, OR EDUCATIONAL PROGRAMS WHO PARTICIPATE ON THIS SITE. YOU SHOULD COMMUNICATE DIRECTLY WITH YOUR AUTHORIZED RECRUITER TO DISCUSS THIS SITE AND THE INFORMATION CONTAINED HEREIN. INTEAD MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT COMPLIANCE WITH GOVERNMENT REGULATIONS WITH REGARD TO THE CONTENT CONTAINED ON THIS SITE OR THE PRODUCTS OR SERVICES OFFERED, SOLD, OR ADVERTISED HEREIN.
INTEAD DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION (INCLUDING, WITHOUT LIMITATION, INFORMATION PROVIDED BY A THIRD PARTY), MATERIALS, SERVICES, AS WELL AS THE ADVICE FROM ANY RECRUITER, COLLEGE, OR UNIVERSITY PROVIDED ON THIS SITE ARE ACCURATE, RELIABLE, COMPLETE, OR CURRENT. INTEAD HAS NOT REVIEWED THE CREDENTIALS OF RECRUITERS PARTICIPATING ON THIS SITE AND MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO RECRUITER QUALIFICATIONS. INTEAD DOES NOT REPRESENT OR WARRANT THAT USE OF THE SITE GUARANTEES ADMISSION INTO ANY COLLEGE, UNIVERSITY, OR OTHER EDUCATIONAL PROGRAMS. INTEAD DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING ADMISSION QUALIFICATIONS OR REQUIREMENTS.
NEITHER INTEAD NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, OR PARTNERS (“AFFILIATES”) ARE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY AND/OR INCIDENTAL DAMAGES OF ANY KIND IN ANY WAY ARISING IN CONNECTION WITH YOUR ACCESS TO, INABILITY TO ACCESS OR USE THE SITE OR FROM YOUR RELIANCE ON ANY CONTENT AND/OR INFORMATION PROVIDED ON THE SITE, OR ON THIRD PARTY SITES LINKED TO FROM THE SITE, FOR FAILURE OF ELECTRONIC COMMUNICATIONS SENT THROUGH THE SITE TO REACH THEIR INTENDED RECIPIENTS OR TO REACH SUCH RECIPIENTS ON THE DATE SPECIFIED BY THE SENDER, EVEN IF INTEAD HAS BEEN ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES, THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND ANY OTHER TORT. IF THE FOREGOING LIMITATION OF LIABILITY IS HELD TO BE UNENFORCEABLE OR INAPPLICABLE, FOR ANY REASON, YOU AGREE THAT INTEAD AND ITS AFFILIATES AGGREGATE LIABILITY WILL NOT EXCEED THE AMOUNT PAID BY YOU FOR USE OF THE SITE OR $100.00 DOLLARS (WHICHEVER IS LESS).
NEITHER INTEAD NOR ITS AFFILIATES TAKE RESPONSIBILITY OR ASSUME LIABILITY FOR ANY UPLOADED OR TRANSMITTED BY YOU OR ANY THIRD PARTY, OR FOR ANY MISTAKES, DEFAMATION, SLANDER, LIBEL, OMISSIONS, FALSEHOODS, OBSCENITY, PORNOGRAPHY, INDECENCY, LEWDNESS, HARASSMENT, THREATS, ABUSE, OR PROFANITY YOU MAY ENCOUNTER IN USING THE SITE. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS INTEAD AND ITS AFFILIATES FROM ALL CLAIMS BASED UPON COMMUNICATIONS OR USER CONTENT MADE AVAILABLE BY YOU ON THE SITE.
SOME JURISDICTIONS IN THE UNITED STATES AND OTHER COUNTRIES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Reservation of Rights. Intead reserves the right to: (1) deny or block access to the Sites to anyone at any time and to terminate this Agreement at any time without notice, in its sole discretion; (2) send you electronic mail regarding billing, administrative, or legal matters relating to the Sites, products and/or services; and (3) to block any User Content on the Sites.
Customer Service. If you have any questions regarding this Agreement or wish to request a cancellation of any service subscription or membership, send an email to info@intead.com.
Modifications. Intead may discontinue, add to, modify, upgrade, or replace all aspects of the Sites at our sole discretion and without notice. In particular, we reserve the right to modify, supplement, delete, discontinue, or remove any software, file, publications, information, communication, or other content appearing on or transmitted through the Sites.
Monitoring. Intead has no obligation to monitor these Sites or any use thereof or to retain the content of any user session. Intead reserves the right but has no obligation to monitor, review, retain, and/or disclose any user information as necessary to satisfy any applicable law, regulation, legal process, or governmental request or to cooperate with law enforcement and other authorities in investigating a claim of illegal activity. Intead may use IP addresses to identify a user when we feel it is necessary to comply with any applicable law and/or to protect our Sites, visitors, or others.
Termination. At any time and without prior notice, Intead may immediately terminate your access to the Sites for: (1) breach of this Agreement; (2) requests by law enforcement or other applicable government agencies; (3) discontinuance or material modification to the Sites (or any part thereof); (4) non-payment of service fees; and/or (5) unexpected technical or security issues or problems. You agree that all terminations for cause are at Intead’s sole discretion, and Intead is not liable to you or any third party for any termination of your Personal Account and/or any associated e-mail address or access to the Sites.
Indemnification. You agree to defend, indemnify and hold Intead, its Affiliates, and their respective employees, directors, partners, contractors, officers, trustees, and other third parties assisting in the operation of the Sites harmless from and against all claims, actions, or demands, liabilities, settlements, and expenses (including attorneys’ fees) that may arise from the use of the Sites by you or any person accessing the Sites using your password, any Personal Account, membership or subscription set up in connection with the Sites, User Content uploaded to the Sites, violation of the rights of others and/or breach of this Agreement.
Waiver. Intead’s failure to exercise or enforce any right or provision of this Agreement does not constitute a waiver of any other term or condition.
Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions herein remain in full force and effect.
Assignment. Intead may assign its rights and duties under this Agreement to any party at any time without notice to you and without your approval.
Applicable Law and Jurisdiction. The Sites are controlled and operated by Intead, Inc., a company located in the United States of America with offices located in Salem, Massachusetts. This Agreement is governed and controlled by the laws of the United States of America and the Commonwealth of Massachusetts. By accessing and/or using the Sites, you accept this Agreement and agree that all matters arising from or relating to the use and operation of the Sites will be heard and resolved through arbitration and/or in the courts of Salem, Massachusetts. In addition, you consent to personal jurisdiction of such courts, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts. A printed version of this Agreement with respect to the Sites and of any notice given in the electronic form is admissible in judicial and administrative proceedings.
International Use. Neither Intead nor its Affiliates make any representation that the Sites, Services, Products, Materials and/or Content are appropriate or available for use in locations outside the United States. Those who choose to access these Sites from other locations are responsible for compliance with any applicable local laws and any applicable laws regarding the transmission of technical data exported from the United States of the country in which you reside.
Contact Intead. If you have any questions or comments regarding these Sites, this Agreement, or our Privacy Policy, please send an e-mail to info@intead.com.
Acknowledgment. By using this site and/or downloading Intead content, you acknowledge that the provisions, disclosures, and disclaimers set forth in this Agreement are fair and reasonable and your agreement to follow and be bound by them is not the result of fraud, duress or undue influence exercised upon you by any person or entity. Notwithstanding any provisions of this Agreement, Intead has available all remedies at law or equity to enforce this Agreement. There are no representations, promises, warranties, or undertakings by Intead contrary to those set forth above.
Intead respects intellectual property rights. If you are a copyright owner or exclusive copyright holder, or are authorized to act on behalf of one, and believe that any material available on the Site, including, without limitation, any User Content, infringes upon your copyrights, please submit a notification of the alleged copyright infringement to the contact provided below in accordance with the Digital Millennium Copyright Act ("DMCA") by providing all the following information: (1) the full legal name and a physical or electronic signature of the person authorized to act on behalf of the copyright owner/exclusive licensor; (2) identification of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works at a single online site are covered by this the notification, a representative list of the copyrighted works; (3) 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 us to locate the material (including URL(s) if possible); (4) your name, address, telephone number, email address, and/or any other information reasonably sufficient to allow us to contact you. Your notification must also include statements regarding the following: (A) You have good faith belief that use of the material in the manner described in this notification is not authorized by the copyright owner, its agent, or the law; and (B) the information contained in this notification is accurate, and under penalty of perjury, you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. You acknowledge that if you fail to comply with all the requirements above, your DMCA notice may not be valid. Please see 17 U.S.C. § 512 for more information regarding the DMCA and DMCA notifications. We also recommend that you consider consulting legal counsel.
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