Legal


Privacy Alert
Terms of Use

These Terms of Use are the legal agreement (the “Agreement”) between us, Instart Logic, Inc. (“Instart Logic”) and you, the end-user individually or on behalf of an entity that you represent, for your use of the Privacy Alert software and service (together, the “Service”).  BY USING OR ACCESSING THE SERVICE, YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT.  IF YOU DO NOT AGREE, DO NOT USE OR ACCESS THE SERVICE.  We may modify or replace any of the terms or conditions of this Agreement at any time.  Your continued use of the Service following the posting of any changes to this Agreement constitutes your acceptance of those changes.

Access and use

You may access and use the Service for your personal purposes only and subject to this Agreement.  To the extent the Service requires you to download and use a software package (the “Software”), such Software is licensed to you and not sold, subject to the terms of this Agreement, and we grant you a nonexclusive, nontransferable, revocable license to use the Software solely for your personal purposes. This license to the Software enters into force through your installation or use of the Software in accordance with this Agreement.  All rights and licenses not expressly granted to you under this Agreement are retained by us.  We may update the Service automatically to provide new features or upgrades.

Restrictions

You will not (and will not allow any third party to) reverse engineer, decompile, disassemble, or otherwise attempt to discover the underlying structure, ideas, or algorithms of the Service or any software used to provide or make the Service available except where such prohibition violates applicable law. 

Open-source code

To the extent the Software includes code that is made available under open-source licenses, such code is subject to one or more separate written agreements that expressly supersede the terms of this Agreement, and which may be found at here.

Ownership & content

We and our suppliers retain all rights, title, and interest in and to the Service, and any and all software, products, works or other intellectual property created, used, provided or made available by us in connection with your use of the Service. 

Linked sites and services

The Service may to link to other websites or resources on the Internet, and other websites or resources may contain links to the Service.  These other websites are not under Instart Logic’s control, and you acknowledge that Instart Logic is not responsible or liable for the content, function, accuracy, legality, appropriateness or any other aspect of such websites or resources.  The inclusion of any such link does not imply endorsement by Instart Logic or any third party.  You further acknowledge and agree that Instart Logic 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 the use of or reliance on any content, goods, information, or services available on or through any such website or resource.

Support

Instart Logic will have no obligation to provide support or maintenance for the Service under this Agreement.  However, we may, at our sole discretion, provide limited technical support, upgrades, and updates for the Service.

Termination

You may terminate this Agreement at any time by ceasing to use or access the Service.  Instart Logic may terminate this Agreement and your use of the Service at any time, without cause and without notice, simply by discontinuing availability to the Service.  This Agreement will automatically terminate if you fail to comply with this Agreement.  Upon any termination, you agree to uninstall and stop using the Service.

No warranty

THE SERVICE IS PROVIDED ON AN “AS IS” BASIS.  INSTART LOGIC HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, SECURITY, ACCURACY, QUALITY, NON-INFRINGMENT, OR FITNESS FOR A PARTICULAR PURPOSE. INSTART LOGIC DOES NOT WARRANT THAT THE SERVICE WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED.

Limitation of liability

YOU EXPRESSLY AGREE THAT INSTART LOGIC SHALL, IN NO EVENT, BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS AND GOODWILL, ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Your only right or remedy with respect to any problems or dissatisfaction with the Service is to uninstall and stop using the Service.  

Governing law and dispute resolution

This Agreement shall be governed by the laws of the State of California, without regard to the conflict of law provisions.  All controversies or claims arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction of and venue in the state and Federal courts located in San Francisco, California.  Notwithstanding the forgoing, if User is located outside of the United States, any controversy or claim arising out of or relating to this Agreement shall be (i) determined by arbitration by the International Centre for Dispute Resolution in accordance with its then current International Arbitration Rules, and (ii) finally resolved by arbitration conducted by one arbitrator in San Francisco, California. The arbitration will be conducted in English, the governing language of this Agreement.  Notwithstanding the foregoing, each party will have the right to seek equitable relief from any court of competent jurisdiction.  The waiver or failure of Instart Logic to exercise any right provided for in this Agreement shall not be deemed a waiver of any further or future right under is Agreement.

Entire agreement.

This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of this Agreement.  Waivers and modifications must be in writing signed by both parties, except as otherwise provided herein.  Any term or provision of this Agreement held to be illegal or unenforceable shall be, to the fullest extent possible, interpreted so as to be construed as valid, but in any event the validity or enforceability of the remainder hereof shall not be affected.