Terms of Use

 

Welcome to the IP Portal (the “Portal”), brought to you by IP Navigation Group, LLC. We provide our service to you subject to the following Terms of Use (also “Terms” or “Agreement”), which may be updated from time to time without notice or recourse. Users of the Portal or any and all Websites (collectively “Sites”) owned or managed by IP Navigation Group, LLC or assigns (collectively “IPNav”), for any and all purposes agree that you are doing so after first reviewing and agreeing to these Terms. The following terms, together with any additional terms, disclaimers, copyright and intellectual property notices posted below and at various places on the Site constitute all of the Terms and are hereby incorporated into this Agreement. The Agreement constitutes the entire agreement between you and IPNav and governs your use of the Service, superseding any prior agreements between you and IPNav.

BY USING, SUBSCRIBING, OR REGISTERING FOR THE PORTAL, YOU SIGNIFY ELECTRONICALLY YOUR AGREEMENT TO THE FOLLOWING TERMS OF USE. Do not use or sign up or use THE PORTAL if you do not agree to these Terms of Use.

About these Terms
These Terms of Use govern your use of the Portal, including all use, submissions and purchases that you make from the service.  The Portal is provided by IP Navigation Group, LLC, of Marshall, TX, ("we" or "us"). In this Agreement, the term "you" means the person who (or the entity on whose behalf you are acting) that is agreeing to these Terms of Use. We may change any term to this Agreement at any time. If you disagree with any changes to this Agreement, you must discontinue your use of the Portal before the changes take effect. Your ongoing use of the Portal after the changes take effect signifies your agreement to the new terms.

Changes to the Services
We may change or discontinue any offering or feature on the Portal at any time and without notice.

Registration
We will open an account for you when you sign up for the Portal. You must provide complete and accurate registration information, including (if applicable) accurate and up-to-date billing information. You agree to keep this information up-to-date. You represent and warrant that (a) you have the full power, authority, and legal capacity to enter into the Agreement and follow its obligations (b) if you are registering on behalf of a company or other entity, you have the authority to bind your principal or employer company, and (c) all information that you provide is true and current.
Your Information
You consent to the information practices regarding your account and the choices that you can make about the use of your information as disclosed in the Portal Privacy Policy (see below).

Your Responsibilities
You are responsible for all activities under your account, including all legal liability incurred from the use of your account by you or others. You may not use the Portal, or any of its web sites, services, data, documents, information and content (collectively, "Content") in any way that (1) violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights; (2) is unlawful; (3) impersonates any person, business or entity, including our company and our employees and agents; (4) encourages conduct that would constitute a criminal offense, or that gives rise to civil liability; or (7) violates this Agreement, guidelines or any policy posted on the Portal. You may not give access to your account, or disclose your password to others. You are responsible for keeping your account information, including all passwords, confidential.

License and Permitted Uses for The Portal
If you are a subscriber to the Portal, you agree that your username and password will not be disclosed to any unauthorized person. We may change your username and password at any time, provided that you are sent notice to your last known e-mail address. You agree to keep your access information confidential and to notify us of any violation of this agreement.
Subscriptions provided and/or sold to individual subscribers are for single users only. Subscriptions provided and/or sold to institutions (i.e., law firms, corporations and other business, charitable or government entities) are for use by the individuals within such institution designated as subscribers at the time the subscription is purchased.
You agree and acknowledge that Content may be subject to the copyright and other proprietary rights of others (including “IPNav”), and may be restricted from being reproduced, revealed, published, distributed, or otherwise made available in whole or in part to anyone else unless required by law. You acknowledge that you will not commit or permit any act or omission that would impair such rights. 
We grant you a non-exclusive, non-transferable, limited license to access and use the Portal to view the Content subject to the terms and limitations of this Agreement. All Content is licensed and not sold or assigned. You may download and temporarily store insubstantial portions of Content to one personal computer storage device under your exclusive control. You may use such Content only to display internally for your individual research needs. You may also create one printout of such Content for your internal use. We are not responsible for your liability if Content is distributed to others without our express written consent.   These restrictions do not apply to any works that are not subject to copyright, including original government works.  Further, from time-to-time, We may post works for the purpose of unrestricted download and use by our users.  These works will be specifically designated, and the restrictions in this Agreement do not apply to such works.
You may not copy, download, store, publish, transmit, transfer, sell or otherwise use the Content in any form or by any means, except as expressly permitted by this Agreement. You may not circumvent any mechanisms for preventing the unauthorized reproduction or distribution of the Content. You may not store or use the Content to create an archival or searchable database of the Content. You shall not sell, license or distribute the Content (including any printed version of the Content) to third parties. Except for the license granted in this Agreement, all rights, title and interest in the Content are and will continue to be the exclusive property of others, including, without limitation, IPNav.

User-Provided Content
For content that You provide to the Portal (for example user profiles, wikis, blogs, links, multimedia, marketplace, or library content, collectively referred to as “User-Provided Content”), You specifically grant a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any such User-Provided Content, and represent that You have the right to grant the same.

Access Costs
You must provide at your own expense the equipment and Internet connections that you will need to access and use the Portal. Those costs are in addition to any purchases you make from the Portal. If you are accessing a Service through a telephone line, please call your local phone company to determine if the access numbers you select are subject to long distance or other toll charges at your location. Also, if you access the Portal through wireless applications (e.g., cell phones), your carrier, such as a wireless carrier, may charge fees for alerts, text messaging (including receiving/sending instant messages and e-mail), web browsing and other services that require the use of airtime and wireless data services. Check with your carrier to verify whether there are any such fees that may apply to you. If you register for any services from the Portal that are delivered by text messages or short messaging service, you authorize delivery of such messaging services to the wireless unit and number designated by you, you acknowledge that you are responsible for determining any standard text messaging fees that you may incur from your carrier while using the service, and you authorize us to deliver the messaging service to you until you elect to opt out of such messaging service.

Fees and Payment
At the present time, there is no charge to access or post content to the Portal.

Disclaimer of Warranties
We provide Content "as is", "with all faults" and "as available." YOUR USE OF THE PORTAL IS AT YOUR OWN RISK. We make no express warranties or guarantees about the Portal, the Content and the Materials. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM IMPLIED WARRANTIES THAT THE WEB SITES, SERVICES, CONTENT and MATERIALS ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, TIMELY, RELIABLE OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE PORTAL SERVICES, INCLUDING ANY SUPPORT SERVICES, WILL BE EFFECTIVE, RELIABLE, ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE PORTAL SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OUR REPRESENTATIVES SHALL CREATE A WARRANTY.
Every effort is made to assure that all information published is correct. However, we disclaim any liability for errors or omissions in the services and as a subscriber you assume the risk of possible errors or omissions.

Limitation of Liability
WE SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE PORTAL SERVICES AND SOFTWARE. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
IN NO EVENT SHALL OUR CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE PORTAL SERVICES EXCEED THE TOTAL AMOUNT YOU PAID FOR THE PARTICULAR PURCHASE AT ISSUE.

Termination
We may cancel or suspend your access to the Portal at any time, without cause and/or without notice. Your right to use the Portal will end once your service is terminated. We may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing.

Indemnification
Upon a request by us, you agree to defend, indemnify, and hold harmless us and our employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney's fees that arise from your use or misuse of the Portal. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

Electronic Contracting and Notices
Your affirmative act of registering for the Portal, or anonymous use of the Portal, constitutes your electronic signature to this Agreement and your consent to enter into agreements with us electronically. You also agree that we may send to you in electronic form any privacy or other notices, disclosures, reports, documents, communications or other records regarding the Portal (collectively, "Notices"). We can send you electronic Notices (1) to the e-mail address that you provided to us during registration or (2) by posting the Notice on the applicable web page of the Portal. The delivery of any Notice from us is effective when sent by us, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Notices electronically by canceling or discontinuing your use of the applicable Service.
In order to receive Notices electronically, you must have a personal computer with a modem connected to a communications source (telephone, wireless or broadband), and a Windows-based operating system with an Internet browser or a Macintosh-based operating system with an Internet browser. You will need a printer attached to your personal computer to print any Notices. All contracts completed electronically will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing.

Entire Agreement
This Agreement and any supplemental terms, policies, rules and guidelines posted on the Site constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Choice of Law and Location for Resolving Disputes
You agree that the laws of the State of Texas govern this contract and any claim or dispute that you may have against us, without regard to Texas conflict of laws rules. You further agree that any disputes or claims that you may have against us will be resolved by a court located in Marshall, Texas.

Assignment
We may assign this contract at any time without notice to you. You may not assign this contract to anyone else.

 

Privacy Policy

 

We are committed to protecting the privacy of visitors to the Site, as well as our customers and patrons. We have established this Privacy Policy to explain what information we collect through this website and how it is used.
In this policy, "the Portal," “IPNav,” “We,” or “Us” refers to IPNav staff, board members, cooperating third parties, employees and interns, all of whom are bound by law or contract to keep information they receive as part of their work with us confidential.
We do not sell or rent your information under any circumstances, and we do not share information with third parties without prior consent except as compelled by law.

Information we collect
The information we collect may include:
•    Information you provide – When you sign up for a service or promotion that requires registration, we ask you for personal information (such as your name, email address and an account password). For certain services, we may also request credit card or other payment account information.  This information is used to provide you with enhanced features and services, and if necessary, to contact you regarding verification and authentication for access to sections of our websites that require LOGIN or password access;
•    Site Usage Information – We may receive and store certain types of web site usage information whenever you visit our site. For example, we may collect the page served, time, source of the request, type of browser making the request, preceding page view, and other similar information. We may send one or more cookies to your computer or other device. We use cookies to study and improve the quality of our service, including for storing user preferences, improving search results, and tracking user trends. In addition, our servers may record information that your browser automatically sends whenever you visit a website (“server logs”). These server logs may include information such as your web request, Internet Protocol address, browser type, browser language, the date and time of your request and one or more cookies.  When analyzed, web site usage information helps us determine how visitors arrive at the Web Sites, what type of content is most popular, and what type of visitors are interested in particular kinds of content;
•    Communications – When you contact us, such as through email or other communications, we may retain those communications in order to process your inquiries, respond to your requests and improve our services; and
•    Links – We may present links in a format that enables us to keep track of whether these links have been followed. We use this information to improve the quality of our technology and content.

How We Use The Information Collected
The information you provide to us may be used in connection with:
•    Providing our services, including the display of Content;
•    Developing new services;
•    Auditing, research and analysis in order to maintain, protect and improve our services;
•    Ensuring the technical functioning of our network;
•    Administering the site’s systems and for other internal business purposes;
•    Contacting you about changes to the Site or our services (e.g., notification of changes to this Privacy Policy, the Web Site's Terms of Use, or other policies that affect your use of the Web Sites);
•    Confirming or fulfilling an order you have made;
•    Authorizing a purchase or complete a transaction that you have requested, i.e., to deliver the products or other services that you ordered, and, if necessary, to invoice you;
•    Protecting the rights or property of IPNav, or others whose property is provided through the Site;
•    Complying with and monitoring compliance with our Terms of Use and other applicable agreements and polices; and
•    Other purposes disclosed when you provide your information.

With Whom Information May Be Shared
We employ third parties to perform functions on our behalf; examples include hosting or operating our site, fulfilling orders for products and services purchased through the site, sending e-mail, removing repetitive information from customer lists, data analysis, marketing assistance, credit card payment processing, and customer service. These third parties may have access to your personal information for the purpose of performing such functions on the site’s behalf.  We do not sell or transfer any collected information to third parties for any purpose, and we do not provide it to anyone for any purpose other than as stated above.
We may disclose personally identifiable information about you to third parties in limited circumstances, including: (1) with your consent; or (2) when we have a good faith belief it is required by law, such as pursuant to a subpoena or other judicial or administrative order.  If We are required by law to disclose the information that you have submitted, we will attempt to provide you with notice (unless we are prohibited) that a request for your information has been made in order to give you an opportunity to object to the disclosure. We will attempt to provide this notice by email, if you have given us an email address, or by postal mail if you have entered a postal address. If you do not challenge the disclosure request, we may be legally required to turn over your information.