Welcome to www.infinitest.io(the "Website"). The Website is operated by InfiniTest Ltd. ("we", "us","our", "Company"). These terms of use together with our privacy policy and any applicable law shall apply to your use of this Website (the "Terms of Use").
Please read these Terms and Conditions carefully before using the Service.
You may access and use the Website only subject to your acceptance of these Terms of Use in their entirety. We reserve the right at any time tomodify these Terms of Use, including by eliminating, modifying, limiting or discontinuing any feature detailed herein. We have no obligation to inform youabout any modification of these Terms of Use. Your continued use of the Web siteafter such change will be deemed acceptance of such changes to the Terms of Use.
1. Registration and Security
1.1. You may be asked to provide information about yourself (including your email address) (the “Registration Data”). Byproviding the Registration Data, you give consent to be added to our mailing list and to receive emails from us.
1.2. By using the Website, You consent to the collection, use and disclosure of our personally identifiable information aswell as any non-personally identifiable information. We will retain and usesuch information, as well as the Registration Data, pursuant to our PrivacyPolicy (located at: www. https://www.infinitest.io/privacy-policy) which is incorporated herein by reference.
2. Rules of Conduct
2.1. We try to provide information as accurate and as up to date as possible on the Website. However, You may not relay on any information or pictures which we provide on the Website, and any such relianceis at your own risk. We provide no warranty with respect to the information appearing on our Website. We reserve the right to modify the content of the Website at any time, and we will have no obligation to update you in advance of any such change.
2.2. You may not use the Website for any illegal orunauthorized purpose, nor violate any applicable laws (including, but notlimited to, copyright and privacy laws), nor will you upload or transmit through the Website any computer viruses, Trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. Without derogating of the above, you may not use the Website in connection with any content that is illegal (in any applicable jurisdiction) or may infringe or promote the infringement of any copyright,patent, trademark, service mark, trade secret, moral right, or other intellectual property or proprietary right of any party.
3. Intellectual Property Policy
3.1. The Website, all of the intellectual property rights on the Website including photos, images, designs, text, logos and icons are, and shall remain, our exclusive property. All rights in and to the Website are hereby expressly reserved and retained by us without restriction, including, without limitation, our right to sole ownership of the Website and documentation,logos, trademarks, and trade secrets.
3.2. Company’s logo, the brand InfiniTest Ltd., the taglines and other graphics, logos, and service names are trade-names and trademarks ofthe Company. Such trademarks may not be used in connection with any product orservice without our prior written approval and/or in any manner that disparages or discredits the Company.
3.3. You agree not to (and not to allow any third party to): (a) use the trademarks,trade names, service marks, logos, domain names and other proprietary rights associated with the Website or the Company for any purpose without our express written consent; (b) register, attempt to register, or assist anyone else toregister any trademark, trade name, serve marks, logos, domain names and other proprietary rights associated with the Company; or (c) remove, obscure, oralter any notice of copyright, trademark, or other proprietary right appearingin or on any item included with the Website.
4. Term and Termination; Consequences of Termination
We may close the Website at any time without providing any prior written notice. Any violation of these Terms of Use may result, inter alia, in termination of your ability to access and use the Website. If you default in the performance of any of your obligations under these Terms of Use we may immediately, without derogating from any other rights we may have under these Terms of Use and/or any applicable law, deactivate or suspend your accountand/or your access to and use of the Website or any portion thereof and/or terminate these Terms of Use. We have no obligation to provide you with anotice about such suspension or the reason for such suspension. We shall not beliable to you or to any third-party for any termination of your access to theWebsite. The expiration or termination of these Terms of Use shall not relieveyou of any obligation intended to survive under these Terms of Use.
5. Indemnification
You hereby agree to indemnify, defend and hold us, and ourdirectors, owners, investors, shareholders, officers, employees, consultants, attorneys, agents and other representatives, harmless from and against any andall third party claims (including related judgments, awards, liabilities,damages, losses, costs and expenses) (including reasonable attorneys’ fees) andother expenses that are based on or arise directly or indirectly out of or fromyour breach of these Terms of Use; or any breach of your representations and warranties set forth herein.
6. Disclaimer of Warranties
6.1. YOU UNDERSTAND AND AGREE THAT THE WEBSITE AND THE SERVICES WE MAY PROVIDE THROUGHIT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE, OUR SERVICE PROVIDERS, AGENTS, ANDSUB-CONTRACTORS DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT,ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
6.2. WE,OUR SERVICE PROVIDERS, AGENTS AND SUB-CONTRACTORS DO NOT WARRANT THAT: (A) THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (B) YOUR USE OF THEWEBSITE WILL BE UNINTERRUPTED; OR (C) THAT DEFECTS, IF ANY, WILL BE CORRECTED.
6.3. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THESE TERMS OFUSE. SOME STATES DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.
7. Limitation of Liability
7.1. WE SHALL NOT BE LIABLE FOR ANY INDIRECT,INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING,WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF GOOD WILL, LOSS OF DATA, LOST PROFITS OR OTHER INTANGIBLE LOSSES), UNDER ANY THEORY OF LAW INCLUDING UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY, BREACH OF ANY STATUTORYDUTY, OR OTHERWISE ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITE (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDYFAILS OF ITS ESSENTIAL PURPOSE). Some jurisdictions may not allow the limitation or exclusion of liability for incidental or consequential damages,so some of the above may not apply to you. In such jurisdictions, liability islimited to the fullest extent permitted by law.
7.2. YOU FURTHER AGREE THAT WE SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU IN CONNECTION WITH LOSS OF DATA, ERRORS, SYSTEM DOWN TIME, NETWORK ORSYSTEM OUTAGES, COMMUNICATIONS LINE FAILURE, FILE CORRUPTION, OR USEINTERRUPTIONS CAUSED BY THE NEGLIGENCE OF EITHER US OR OUR SUB-CONTRACTORS ANDSERVICE PROVIDERS, IRRESPECTIVE OF THE THEORY UPON WHICH ANY CLAIM MAY BEBASED, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8. Miscellaneous
8.1. These Terms of Use constitute the entire understanding between you and us, and revokeand supersede all prior agreements between us, and are intended as a final expression of our agreement. These Terms of Use shall take precedence over anyother documents that may be in conflict there with. Any heading, caption orsection title contained in these Terms of Use is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. We reserve the right at any time to modify these Terms of Use. Any such modification will be effective immediately upon posting the amended Terms ofUse on our website. Your continued use of the Website after the posting the amended Terms of Use on our website, will be deemed acceptance of such modifiedTerms of Use. We may freely assign our rights and responsibilities hereunder without notice to you. These Terms of Use are not assignable, transferable orsublicense-able by you except with our prior written consent.
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