Asset Management On-Line Service Subscription Agreement
BY CLICKING THE 'I ACCEPT' BUTTON DISPLAYED AS PART OF THE ORDERING PROCESS, THE INSIGHT LEASING CUSTOMER (“YOU”) AGREES TO THE FOLLOWING TERMS AND CONDITIONS GOVERNING YOUR USE OF INSIGHT'S ASSET MANAGEMENT ON-LINE SERVICE (THE 'SERVICE' OR “AMOS”).
As part of the Service, Insight will provide You with use of the Service, including a browser interface and data encryption, transmission, access and storage . Your registration for, or use of, the Service shall be deemed to be your agreement to abide by this Agreement including any materials available on the Insight website incorporated by reference herein, including but not limited to Insight's privacy and security policies. Insight’s Asset Management On-Line Service is provided solely for the use of current Insight customers to interact with Insight and may not be used by any other person or entity, or for any other purpose . Specifically, all asset management, and other information and services may only be used by current Insight customers for their internal asset management requirements.
Login Registration and License Grant
You may choose to register to access interactive asset management features on InsightInvestments.com . Such registration provides You with access to Insight’s Asset Management and other online services. By registering, You agree to provide accurate and current information about your Company and its approved Users as prompted by the Login Registration pages and maintain and promptly update Your online profile information to keep it accurate and current.
When you register, you will select a user ID and password. You are responsible for maintaining the confidentiality of the password and user ID, and you are responsible for all activities that occur under Your password and user ID. You agree to (a) immediately notify Insight of any unauthorized use of Your user ID and password, and (b) ensure that You exit from Your session at the end of each visit.
Upon registration, Insight grants to You a limited, nonexclusive right and license to use the Service on any computer controlled by You. This asset management service allows the User to access various leasing information provided by Insight locally or through use of on-line connections ("Information").
The term of the license grant shall continue as long as You have active lease transactions in effect with Insight and as long as no event of default has occurred under the lease transactions between Insight and You. I nsight also retains the right to discontinue this Service at its convenience upon at least 30 days prior notice to You .
You acknowledge that the Information includes valuable and proprietary property of Insight or third parties. The Information is licensed by Insight to You for your use in conducting your own internal business affairs. If You wish to use the Information in a manner not expressly permitted by this Agreement, You may request permission from Insight by giving to Insight a written description of the intended use. Permission may only be granted in writing by Insight.
Customer Supplied Data
Insight does not own any data, information or material that You submit to the Service in the course of using the Service ("Customer Supplied Data"). Customer Supplied Data may include, but is not limited to, leasing or maintenance contract information of third parties inputted into AMOS directly by You. You, not Insight, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Customer Supplied Data, and Insight shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Customer Supplied Data. In the event this Agreement is terminated (other than by reason of your breach), Insight will make available to you a file of the Customer Supplied Data within 30 days of termination if you so request at the time of termination.
Insight shall use commercially reasonable information to encrypt any Customer Supplied Data and agrees that any third party leasing information included in the Customer Supplied Data will not be made available to Insight’s personnel other than within its AMOS technology support group.
Disclaimer of Warranties
Your use of the Service, including any applets, services, and content contained therein, is entirely at your own risk. THE SERVICE IS PROVIDED "AS IS," AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INSIGHT DISCLAIMS ALL GUARANTEES AND WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY REGARDING THE SITE AND RELATED SERVICES AND MATERIALS INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY AND NON-INFRINGEMENT. INSIGHT DOES NOT WARRANT OR GUARANTEE THE ACCURACY, RELIABILITY, COMPLETENESS, USEFULNESS, OR QUALITY OF ANY CONTENT ON THE SITE OR INCLUDED IN THE SERVICE, INSIGHT DOES NOT WARRANT THAT THE SITE OR SERVICES IS SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION OR THAT THE SITE OR SERVICE WILL MEET YOUR REQUIREMENTS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOU BEAR ALL RISKS ASSOCIATED WITH USING OR RELYING ON THAT CONTENT.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INSIGHT SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR FOR DAMAGES RELATING TO TELECOMMUNICATION FAILURES, LOSS, CORRUPTION, SECURITY OR THEFT OF DATA, VIRUSES, SPYWARE,OR THE LIKE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF INSIGHT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN INSIGHT AND YOU. INSIGHT WOULD NOT BE ABLE TO HAVE PROVIDED THE SERVICE WITHOUT SUCH LIMITATIONS.
Intellectual Property Ownership
Insight alone shall own all right, title and interest, including all related intellectual property rights, in and to the Insight technology, the content and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Service, the Insight technology or the intellectual property rights retained by Insight. The Insight name, the Insight and AMOS logo, and the product names associated with the Service are trademarks of Insight, and no right or license is granted to use them.
Modification to Terms
Insight reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service at any time, effective upon posting of an updated version of this Agreement on the Service. You are responsible for regularly reviewing this Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes.
No Legal or Accounting Advice
Material appearing in this Service is provided for general information purposes only and is not intended as accounting or legal advice. Conveying this information by means of the Service is not intended to create and does not create an attorney-client relationship.
The information in this Service may not constitute the most current legal or accounting developments. You should not act, or refrain from acting, solely on the basis of information in this Service. With respect to all accounting and legal matters you should seek the advice of professional accountants or legal counsel licensed in the appropriate jurisdiction. Insight expressly disclaims all liability in respect of all matters and all actions taken or not taken based on any information contained in this Service.