Standard Terms And Conditions

1.	General. Welcome to the Insphere, Inc. ("Insphere" or "we") web site. The standard terms and conditions set forth below shall apply to all visitors to and users of this web site. By accessing or browsing this web site and/or using any of the products or services contained on this web site, you acknowledge that you have read and understand, and you accept and agree to be bound by, the following terms and conditions concerning your use of the web site, just as if you had affixed your signature hereto. You also agreed to be bound by our Privacy Policy. We may change or discontinue any aspect of this web site at any time, including any products, services, contents or features. We reserve the right to change these terms and conditions from time to time in our sole discretion, and by accessing or using this web site, you agree to be bound by any such changes. If you violate or breach any of these terms and conditions, Insphere reserves the right to pursue all remedies available at law and in equity for such violations or breaches. These terms and conditions apply to all your visits to this web site, both now and in the future.
2.	Term. Insphere may terminate your access to the web site and any products or services available on or through the web site at any time for any reason. The provisions contained in the following paragraphs of these terms and conditions shall survive any such termination: 4, 5, 8, 9, 10 and 12.
3.	Limited License for Web Site Information. Subject to the terms and conditions set forth herein, we grant you a limited, non-transferable, non-exclusive, revocable right to access, use and display this web site, and to view and download the information ("Information") contained on this web site, solely for internal informational purposes. This does not authorize the transfer of the Information or any copies of the Information. This authorization is subject to the following conditions: a) you must retain on all copies of any Information all copyright, trademark and other proprietary notices contained in or on the Information; b) you may not modify the Information in any way or reproduce or publicly display, perform, distribute or create derivative works based on any Information or otherwise use it for any public or commercial purpose; and c) you must not transfer the Information to any other person without our prior written consent, which consent may be withheld for any or no reason. Except as provided herein, we do not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information. You agree not to disrupt or attempt to disrupt the operation of the web site in any way and are prohibited from modifying or utilizing the source code for the operation of the web site. This license shall terminate automatically upon our notice to you. We have the right to terminate this license at any time.
4.	Compliance with Applicable Laws. Your access to this web site is governed by all applicable federal, state and local laws, rules, regulations and ordinances. All information available on this web site is subject to U.S. export control laws and may also be subject to the laws of the country where you reside.
5.	Trademarks. The trademarks, service marks, logos and trade names ("Marks") displayed on this web site are the property of Insphere or third parties. You are not permitted to use the Marks without the prior written consent of Insphere or such third parties, which consent may be withheld for any or no reason.
6.	Password and Security. You are responsible for maintaining the confidentiality of any password(s) you receive or select to access our web site, and you are fully responsible for all activities that occur under your password(s). We assume no responsibility if, and will not be liable in the event that, another person learns your password or uses your password to cause damage to you. You agree to notify Insphere immediately of any unauthorized use of your password(s). While we take reasonable steps to safeguard your personal information and to prevent unauthorized access to your private information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied or otherwise, that we will prevent unauthorized access to your private information. IN NO EVENT SHALL INSPHERE OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY.S UNAUTHORIZED ACCESS TO YOUR INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER INSPHERE WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE. Please review our Privacy Policy for a more detailed explanation of the steps we have taken to protect your personal information.
7.	Your Transmissions. Any material you transmit to or post on this web site by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by Insphere or its affiliates for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and/or services or dissemination to other users. You represent and warrant to Insphere that you are the owner of any such material and that such material does not infringe or otherwise violate the rights of any other person or entity. You are prohibited from posting or transmitting to or from this web site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material, or any other material that could give rise to any civil or criminal liability under the law.
8.	Warranty and Disclaimer. We strive to provide concise and accurate information on our web site. However, information on our web site and contained in any products or services delivered on or through the web site may contain inaccuracies and typographical errors. We do not warrant the accuracy, completeness, reliability or timeliness of the information or other material displayed or delivered on or through the web site. You acknowledge that any reliance on any such information shall be at your sole risk. We reserve the right, in our sole discretion, to correct any errors or omissions at any time with or without notice. We may make any other changes to the web site, the information and the products, programs, services or prices referenced in the web site at any time with or without notice.   THIS WEB SITE AND THE INFORMATION, PRODUCTS AND SERVICES MADE AVAILABLE ON OR THROUGH THE WEB SITE ARE PROVIDED .AS IS. WITH ALL FAULTS WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR ANY PARTICULAR PURPOSE OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.   We provide no warranty that your use of the web site will be uninterrupted, that the messages or requests will be delivered or that the operation of the web site will be error-free or secure. Additionally, we are not responsible for your data whether it resides on our or your servers
9.	Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL INSPHERE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, PROGRAMS OR PROFIT, BUSINESS INTERRUPTION OR OTHER LOSS ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE CONTENT, MATERIALS AND FUNCTIONS OF THIS WEB SITE OR ANY LINKED WEB SITE, EVEN IF INSPHERE OR AN INSPHERE AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS WEB SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS RELATED THERETO. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
10.	Indemnity Obligation. You agree to indemnify, defend and hold harmless Insphere, its affiliates and their respective officers, directors, employees and agents from and against any and all claims, demands, proceedings, suits and actions, including any related liabilities, obligations, losses, damages, deficiencies, penalties, taxes, fines, judgments, settlements, expenses (including legal and accounting fees and disbursements) and costs (collectively, .Claims.), based on, arising out of or resulting from your use of our web site or any related content, materials, products or services, including without limitation any Claims alleging facts that if true would constitute your breach of our policies or these terms and conditions.
11.	Third Party Web Sites. As a convenience to you, we may provide links to various web sites operated by other entities, and you acknowledge and understand that if you use such other web sites, you will be leaving this web site. If you decide to visit any linked web site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. We make no warranty or representation regarding any linked web sites or the information, data, opinions, advice or statements appearing thereon or any of the products or services described thereon. Links do not imply that we sponsor, endorse, affiliate or associate with any linked web site (or its owner) or that we are legally authorized to use any trademark, trade name, logo or copyrighted material displayed in or accessible through the links, or that any linked web site is authorized to use any trademark, trade name, logo or copyrighted material of Insphere or any of its affiliates.
12.	Third Party Services and Products. You acknowledge and understand that Insphere works with and recommends the services and products of third parties from time to time, and that Insphere may receive compensation from such third parties as a result of such recommendations and otherwise. Consequently, Insphere's recommendations to you of such third party services or products may result in an actual conflict of interest or the appearance of a conflict of interest. Insphere strives to provide impartial recommendations to its customers, but under certain circumstances conflicts of interest are inevitable. The language contained in paragraphs 8 and 9 of these terms and conditions shall apply equally to any recommendation that Insphere may make to you with respect to the products and services of any third party, and you hereby waive to the fullest extent permitted by law any conflicts of interest or potential conflicts of interest that may arise in connection with such recommendations.
13.	No Legal Advice. Insphere is not providing legal advice, accounting advice or any other advice, service or product for which a license, permit or other authorization is required (unless Insphere has obtained and is currently in compliance with such license, permit or authorization). With respect to any legal, accounting or other professional advice you may wish to obtain, we recommend that you contact your own attorney, accountant or other appropriate professional.
14.	Governing Law and Other Provisions. You agree that any claim relating to the web site, or the use of the web site and the materials contained herein and the products and services available on or through the web site, and the interpretation and enforcement of these terms and conditions, shall be governed by the internal laws of the State of North Carolina, without regard to its conflicts of law principles. You agree to irrevocably submit to the jurisdiction of the courts of the State of North Carolina or the United States District Courts located in the State of North Carolina. Wherever possible each provision of these terms and conditions shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision shall be prohibited or invalid under such law, such provision shall be ineffective only to the extent of such prohibition or invalidity without invalidating the remainder of such provision or the remaining provisions of these terms and conditions. Any provision in any memorandum, correspondence or other document received by Insphere in connection with this web site or Insphere. products or services which is inconsistent with, adds to, or purports to remove from, the provisions of these terms and conditions shall be void.

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