InterColossal Inc. Terms of Service
Last Updated: 04/23/2023
These Terms of Service (“Terms”) govern your access to and use of InterColossal Inc. (“we”, “us”, or “our”) website, services, and products (collectively, the “Services”). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.
Eligibility
By using our Services, you represent and warrant that you are at least 18 years of age, or the age of legal majority in your jurisdiction, and have the legal capacity to enter into a binding contract. If you are under the age of 18, you must have the consent of a parent or guardian to use our Services.
Accounts
To access some features of our Services, you may be required to register for an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized access or use of your account. We reserve the right to terminate or suspend your account at any time, for any reason, without notice or liability.
Use of Services
You agree to use our Services only for lawful purposes and in accordance with these Terms. You may not use our Services in any manner that:
a. Violates any applicable local, state, national, or international law or regulation.
b. Infringes upon or violates the rights of any third party, including copyright, trademark, privacy, or other personal or proprietary rights.
c. Is harmful, threatening, abusive, harassing, defamatory, obscene, or otherwise objectionable.
d. Impersonates any person or entity or misrepresents your affiliation with a person or entity.
e. Involves the unauthorized access or use of any computer system or network.
Intellectual Property
All content and materials available on our Services, including but not limited to text, graphics, logos, images, and software, are the property of InterColossal Inc. or its licensors and are protected by copyright, trademark, and other intellectual property laws. You may not copy, reproduce, distribute, or create derivative works from our content or materials without our prior written consent.
Third-Party Content and Services
Our Services may contain links to third-party websites or services that are not owned or controlled by InterColossal Inc. We do not endorse or assume any responsibility for any such third-party websites or services. If you access any third-party website or service, you do so at your own risk, and you acknowledge that these Terms do not apply to your use of such websites or services.
Termination
We may terminate or suspend your access to our Services at any time, without notice or liability, for any reason, including but not limited to your breach of these Terms. Upon termination, your right to use our Services will immediately cease. Any provisions of these Terms that, by their nature, should survive termination shall survive termination, including but not limited to intellectual property, disclaimers, and limitations of liability.
Disclaimer of Warranties
Our Services are provided “as is” and “as available” without any warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. We make no representations or warranties that our Services will be uninterrupted, error-free, secure, or free from viruses or other harmful components.
Limitation of Liability
In no event shall InterColossal Inc., its affiliates, or their respective officers, directors, employees, or agents be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from:
a. Your access to or use of, or inability to access or use, our Services.
b. Any conduct or content of any third party on our Services, including but not limited to any defamatory, offensive, or illegal conduct.
c. Any unauthorized access, use, or alteration of your transmissions or content.
d. Any errors, omissions, or inaccuracies in our Services, or any loss or damage of any kind incurred as a result of your use of our Services.
This limitation of liability shall apply to the fullest extent permitted by law, even if we have been advised of the possibility of such damages.
Indemnification
You agree to indemnify, defend, and hold harmless InterColossal Inc., its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use of our Services, your violation of these Terms, or your infringement of any intellectual property or other rights of any third party.
Governing Law and Dispute Resolution
These Terms and any disputes relating to them, or your use of our Services will be governed by the laws of the State of California, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within the State of California for the resolution of any disputes arising out of or relating to these Terms or your use of our Services.
a. Governing Law: These Terms and any disputes relating to them, or your use of our Services will be governed by the laws of the State of California, without regard to its conflict of law provisions.
b. Arbitration Agreement and Class Action Waiver:
- Agreement to Arbitrate: You and InterColossal Inc. agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of our Services, including disputes regarding the interpretation, scope, or enforceability of this arbitration provision (collectively, “Disputes”), shall be resolved through final and binding arbitration, rather than in court, except for claims that may be taken to small claims court. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement.
- Arbitration Procedure: The arbitration will be conducted by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, as modified by these Terms.
- No Class Actions: You and InterColossal Inc. agree that each may bring claims against the other only in an individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless both you and InterColossal Inc. agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
- Severability: If the prohibition against class actions and other claims brought on behalf of third parties contained in this Section is found to be unenforceable, then all of the preceding language in this Section will be null and void. This arbitration agreement will survive the termination of your relationship with InterColossal Inc.
c. Venue: If for any reason a Dispute proceeds in court rather than arbitration, you agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within the State of California for the resolution of any disputes arising out of or relating to these Terms or your use of our Services.
Changes to These Terms
We reserve the right to update or modify these Terms at any time, without prior notice, by posting the revised version on our website. Your continued use of our Services following the posting of the revised Terms constitutes your acceptance of the changes.
Severability
If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms, and the remainder of these Terms shall continue in full force and effect.
No Waiver
No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Contact Us
If you have any questions or concerns about these Terms, please contact us at:
InterColossal Inc.
213 N Glendale Ave # 1135
Glendale, CA 91206
contact@intercolossal.com
By using our Services, you agree to be bound by these Terms. We reserve the right to change or update these Terms at any time, and your continued use of our Services constitutes your acceptance of any changes.