TERMS OF SERVICE

AS OF JULY 2022

 

TERMS OF SERVICE

 

Welcome to ISIT and our website at http://www.isit.life (the “Website)” along with our, applications, mobile applications and other platforms or services (collectively, the “Service” or “Services”) operated by ISIT International LLC (“ISIT,” “we” “us,” or “our”), located at 466 Hackensack Ave., #1099, Hackensack, NJ 07601. You may contact us by phone at 844-646-2040 or by sending correspondence to that address or by emailing us at Support@isitinc.com.

 

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BECAUSE THEY DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES. IF YOU DO NOT AGREE TO BE LEGALLY BOUND BY ALL OF THE FOLLOWING TERMS OF USE PLEASE DO NOT ACCESS AND/OR USE OUR SERVICES.

 

We reserve the right to modify, amend, or change the Terms at any time. Notice of any material change will be posted on this page with an updated effective date. In certain circumstances, we may notify you of a change to the Terms via email or other means, as appropriate under the circumstances; however, you are responsible for regularly checking this page for notice of any changes. Your continued use of our Services constitutes your acceptance of any change, and you will be legally bound by the updated Terms. If you do not accept a change to the terms, you should stop using our Services immediately.

 

BY DOWNLOADING, INSTALLING, ACCESSING OR USING OUR SERVICES ON THE WEBSITE (“Website”), THE ISIT MOBILE APPLICATION (THE “APP”), OR ANY OTHER PLATFORMS OR SERVICES WE MAY OFFER (COLLECTIVELY, THE “SERVICE” OR OUR “SERVICES”), YOU AGREE TO, AND ARE BOUND BY, THESE TERMS OF USE (THE “TERMS” OR “AGREEMENT”) INCLUDING OUR PRIVACY POLICY AND ANY

COMMUNITY GUIDELINES (collectively “TERMS”). This Agreement applies to anyone who accesses or uses our Services, regardless of registration or subscription status.

 

ISIT Service Overview. The Service is a faith driven social media, marketplace, website and Application bringing together people of faith, promoting integrity and morality in communities.

 

ISIT reserves the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. ISIT will have no liability for any change to the Service or any suspension or termination of your access to or use of the Service.

 

  1. Account Eligibility: By using the Service, you represent and warrant that:

     

    1. You acknowledge that You are either 18 years of age or older, an emancipated minor, or possess legal parental or guardian consent, and are fully able and

      competent to enter into – and abide by -- the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service.

    2. You affirm that You are over the age of 13, as the Service is not intended for children under 13. If You are under 13 years of age, then You may not use the Service and should immediately stop any use of the Website and the Service.

    3. You are legally qualified to enter a binding contract with ISIT;

    4. Your registration and your use of the Service is in compliance with any and all applicable laws and regulations and You are not prohibited by law from using our services;

    5. You are not on any list of individuals prohibited from conducting business with the United States;

    6. You have not have been convicted of or pled no contest to a felony or indictable offense (or crime of similar severity), a sex crime, or any crime involving violence;

    7. You are not required to register as a sex offender with any state, federal or local sex offender registry;

    8. You do not have more than one account on our Services; and

    9. You have not previously been removed from our Services by us, unless you have our express written permission to create a new account.

       

      If at any time you cease to meet any of these requirements, you must immediately delete your account and terminate all use of the Services.

       

  2. Registration. In consideration of your use of the Website and App, you agree to create an account and (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Website and/or App ("Registration Data");

    (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to us, to keep such registration data accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you must immediately notify us at Support@isitinc.com.

     

    You understand and agree that anyone may be able to view any information you choose to make publicly available. You will not include any telephone numbers, street addresses, URLs, multimedia, artworks downloaded from external sources, email addresses or any other contact information in your profile or in any other publicly viewable User Content (as defined in Section 8 below) or other communications made in connection with your use of the Services.

     

  3. Use of the Services. You will only use the Services for your sole, personal use and not in connection with any commercial endeavors.

     

    (a) Other Users; Background Screenings. You agree that you shall assume all risk when using the Services, including but not limited to all risks associated with any

    online or offline interactions with other users, including marketplace services. YOU ACKNOWLEDGE THAT, CURRENTLY, WE DO NOT ROUTINELY SCREEN OUR USERS, INQUIRE INTO THE BACKGROUND OF OUR USERS, ATTEMPT TO VERIFY INFORMATION PROVIDED BY OUR USERS OR CONDUCT CRIMINAL SCREENINGS OF OUR USERS. YOU FURTHER ACKNOWLEDGE THAT WE ARE UNDER NO OBLIGATION TO CONDUCT ANY SUCH INVESTIGATIONS. You

    agree that we have the right to do so at our sole discretion, and you consent to such screening and agree to provide to us complete, accurate and current information confirming your eligibility for use of the Services. We do not make any representations, warranties or guarantees as to the conduct of our users, information provided by users, or their compatibility with you. You acknowledge that we may create test profiles or accounts to monitor the operation of the Services. You agree to take all necessary precautions when meeting other users, especially if you decide to meet in person.

     

  4. Restrictions and User Conduct. We, in our sole discretion, may delete any User Content or otherwise terminated an account that, in our sole judgment, violates this Agreement or we, in our sole discretion, determine may be offensive, prohibited, illegal or violates the rights, harms, or threatens the safety of any person. We assume no responsibility for monitoring the Services for inappropriate User Content or conduct. You are solely responsible for the User Content.

     

    Except and solely to the extent such a restriction is impermissible under applicable law, you may not post or email User Content:

     

    1. that is unlawful, harmful, threatening, abusive, harassing, defamatory, fraudulent, libelous, invasive of another's privacy, or is harmful to minors in any way;

       

    2. that is pornographic or depicts a human being or animal engaged in actual sexual conduct or depicts any lascivious or obscene exhibition or contains a link to any of the content enumerated above or to an adult website.

       

    3. that harasses, degrades, intimidates or is hateful or promotes, advocates or endorses physical harm toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability or otherwise endorses or promotes bigotry;

       

    4. that violates the Fair Housing Act by stating, in any notice or ad for the sale or rental of any dwelling, a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics);

       

    5. that violates federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability.

    6. that impersonates any person or entity, including, but not limited to, a ISIT employee or another Member/User, or falsely states or otherwise misrepresents your affiliation with a person or entity;

       

    7. that includes your telephone number, street address or surname or that includes personal or private identifying information about another person without that person's explicit written consent, including but not limited to, photographs, telephone numbers, last names, email addresses, ssocial security numbers or credit card numbers or URLs or other personal identifying information;

       

    8. that is false, deceptive, misleading, deceitful, misinformative, abusive or constitutes "bait and switch" or promotes illegal activities or conduct that is false and/or misleading or defamatory or intended to defraud or swindle;

       

    9. that infringes or promotes, advocates or endorses infringement of any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;

       

    10. that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," “sweepstakes,” “contests”, “barter,” “phishing,”, “spamming,” “pharming,” or emails or otherwise violates federal and state laws regulating unsolicited commercial advertisement;

       

    11. that constitutes or contains any form of advertising or solicitation if posted in areas of the our Website or App which are not designated for such purposes; or emailed to other users who have not given their prior express written consent to contact them about other services, products or commercial interests;

       

    12. that includes links to commercial services or web sites, except as otherwise provided herein;

       

    13. that advertises any illegal service, activity or enterprises or offers for sale any item or service which is prohibited or restricted by any applicable law, including without limitation items the sale or offer of items or services of which is prohibited or regulated by federal, state or local law(s) or encourage or provide instructions for a criminal offense;

       

    14. that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

       

    15. that disrupts, or creates an undue burden in, the normal flow of dialogue through an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service. To guard Members against unwanted advertising and/or solicitation and to ensure that the Services are not disrupted We, in

      our sole discretion, reserve the right to limit or restrict the daily number of emails Members may send or receive;

       

    16. that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of User Content transmitted through the Service;

       

    17. displays any advertising on your User Profile; Additionally, you agree not to:

    18. register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity and/or sell and/or transfer your Membership or User Profile;

       

    19. solicits personal information from anyone under 18 years of age;

       

    20. contact anyone who has asked not to be contacted;

       

    21. "stalk" or otherwise harass anyone;

       

    22. collect personal data about other users for commercial or unlawful purposes, including the solicitation or harvesting of passwords, emails or any personal identifying information;

     

    1. remove and/or otherwise obscure banner advertisements on your profile or any other webpage;

       

    2. use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service;

       

    3. post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;

       

    4. post the same item or service in more than one category, or in more than one metropolitan area or repeat or duplicate a posting for the sole purpose of obtaining a “top post”;

       

    5. attempt to gain unauthorized access to our computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Service or the website or App; or

       

    6. use any form of automated device, scripts or computer program that enables the submission of postings on the Website or App without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.

  5. Reporting Violations. If you wish to report any violation of this Agreement by others, including Members, you may do so by contacting us at Support@isitinc.com.

     

  6. Donations By making a Donation, you authorize us and our payment processors to charge you the full amount of the Donation, including any processing fees or taxes and all such transactions are subject to the legal terms and privacy policies of our payment processors. All Donations are final and non-refundable. We will have no liability for any claim by any federal, state, provincial, territorial, local or any other tax authority with respect to the characterization on any applicable tax return of any Donation by you.

     

  7. User Content:

 

  1. Certain features of the Service may permit users to upload content to the Service, including messages, reviews, photos, videos, images, folders, data, text, and other types of works (“User Content”) and to post or publish User Content on the Service. You retain any copyright and other proprietary rights that you may hold in the User Content that you post to the Service.

     

  2. By posting User Content you warrant, affirm and represent that your User Content does not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause ISIT to violate any law or regulation. We may, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms, including the Community Guidelines, or is, in our sole discretion, otherwise objectionable.

     

  3. You understand that all postings, messages, texts, files, images, illustrations, photos, video clips, sounds, or other materials and User Content posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such User Content originated. More specifically, you are entirely responsible for each individual item ("Item") of Content that you post, email or otherwise make available via the Service. You understand that we do not control, and are not responsible for Content made available through the Service, and that by using the Service, you may be exposed to User Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF THE SERVICES AND USE THEM AT YOUR OWN RISK. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against ISIT with respect to User Content.

     

  4. You acknowledge that we shall have the right (but not the obligation), in our sole discretion to refuse, delete or move any User Content that is available via the Service, that either contains nudity, sexually explicit, obscene, harassing, lewd, excessively violent or otherwise objectionable matter or otherwise violates the code of conduct set forth in Section 5 hereto or the letter or spirit of these Terms of Use or for any other reason. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on or through the Service.

  1. License of User Content. We do not claim ownership in User Content. By submitting or posting User Content on the Website and/or APP, you hereby grant, and you represent and affirm and warrant that you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize and grant to us and our affiliates, licensees and successors an irrevocable, perpetual, non-exclusive, fully paid, royalty-free, transferable, worldwide right and license to use, modify, copy, publicly perform, publicly display, reproduce, broadcast, transmit, adapt, distribute, publish, translate, syndicate, incorporate into other works or prepare derivative works of such User Content furnished by you and to grant and authorize sublicenses of the foregoing in any medium.

     

  2. Monitoring Content. ISIT does not control and does not have any obligation to monitor:

    1. User Content; (b) any content made available by third parties; or (c) the use of the Service by its users. You acknowledge and agree that ISIT reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Service for operational and other purposes. If at any time ISIT chooses to monitor the content, ISIT still assumes no responsibility or liability for content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy.

       

  3. Copyright and Proprietary Rights and Notification of Claims of Infringement

 

We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on the Website or App or Service any materials that violate another party's intellectual property rights.

 

Accordingly, you may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. We expressly reserve the right to indefinitely suspend or terminate Membership privileges of any Member/User who infringes the copyright rights or Trademarks or other proprietary rights of others upon our receipt of notification by the lawful owner, or legal agent, of said rights.

 

If you are a copyright owner and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our specially designated DMCA copyright agent (the “Copyright Agent”) with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

 

(i) Your physical or electronic signature or of a person authorized to act on your behalf; (ii) identification of all copyrighted works claimed to have been infringed; (iii) identification of the infringing material and information that will allow us to locate the infringing material; (iv) your contact information so we can reach you (address, telephone number, and, email address); (v) a statement that You have a good faith belief that use of the material is unauthorized; and (vi) a statement that your

notification is accurate, and under penalty of perjury, that You are authorized to take the action described in your notification.

 

You may direct copyright infringement notifications to our Copyright Agent at email: Support@isitinc.com or mailed to ISIT International LLC, Attn: Copyright Agent, 466 Hackensack Ave #1099, Hackensack, NJ 07601. If You do not carefully follow all of these instructions your DMCA notification may not be valid.

 

Counter-Notification. If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use said content, you may send a counter-notification to the Copyright Agent containing the following information: (i) Your physical or electronic signature; (ii) identification of content that has been removed or to which access has been disabled and the location of the content before it was removed or disabled; (iii) a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and (iv) Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in New York, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

 

If a counter-notification is received by the Copyright Agent, we may send a copy of the counter-notification to the original complaining party informing that person that the Copyright Agent may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or User, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Our sole discretion.

 

  1. Intellectual Property Rights and Limited License

     

    1. Except for your User Content, any other text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, images, code, trademarks, and other intellectual property appearing on or in our Services is exclusively owned, controlled or licensed by us and protected by copyright, trademark and other intellectual property law rights (“Our Content”). All rights, title, and interest in and to Our Content remains with us at all times.

       

    2. For as long as you comply with these Terms, you are hereby granted a limited personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to access and use our Services and Our Content for purposes as intended by and permitted by and subject to these terms and applicable laws You may not copy or resell the Service. This license is revocable at any time at our sole discretion.

       

    3. Except as specifically authorized in this Agreement, you shall not store, copy, reproduce, adapt, reformat, create derivative works of, transmit, disseminate, publicly

    display, broadcast, sell, license or perform or reverse engineer, decipher or decompile or otherwise forge headers, frame, mirror or use meta tags or use code to direct users to another website or use any data mining methods or commercially exploit any portion of our Content for any other purposes without our prior written consent. You agree not to circumvent, disable or otherwise interfere with a technological measure that protects, prevents or restricts use or copying of any of our Content or otherwise enforces limitations on use of the Service or Our Content therein. You may not exploit access to the Service or any portion of the Service, including the HTML, cascading style sheet or any visual design elements otherwise than for your own use pursuant to the Terms of Service. You are strictly prohibited from modifying, reverse engineering, adapting or otherwise tampering with the Service. You may not modify another website so as to falsely imply that such other website it is associated with the Service, or any other service provided by us. You shall not use the Service in any manner which may infringe our Intellectual Property Rights or others, or in any manner which is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or in violation of these Terms of Service. You may not use the Service to upload, post, host, or transmit unsolicited bulk e-mail “Spam”, short message service “SMS” messages, viruses, self-replicating computer programs “Worms” or any code of a destructive or malicious nature. We reserve the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, any feature associated with the Service, with or without notice. We reserve the right to temporarily suspend access to the Service for operational purposes, including maintenance, repairs or installation of upgrades at any time and from time to time without notice.

     

  2. Privacy and Information Disclosure

     

    1. Please see our Privacy Policy for information about how we collect, use, store and disclose User’s personally identifiable information The Privacy Policy is incorporated into this agreement by reference and is located here: www.isit.life/privacy

       

    2. Your use of the Website or App and/or the Service confirms your express agreement to our Privacy Policy. You further acknowledge and agree that we may, in our sole discretion, preserve or disclose your User Content, as well as your information, such as email addresses, IP addresses, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce these Terms; respond to claims that any User Content violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of users or the general public.

     

  3. Termination:

    1. Your Membership shall commence when you register for the Service and shall continue until such time as the Service expires or is terminated pursuant to these Terms. You may cancel your membership with the Service at any time by written notice by sending an email with a title “Cancelation” to Support@isitinc.com.

    2. We may terminate your membership with the Service immediately without notice due to breach of the Terms of Service or the Privacy Policy. In addition, we may, at our sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice. Upon the effective date of termination or expiration of your Membership, we are authorized to delete and destroy all of your User Content stored on the Service. We shall have no obligation to notify any Users of the deletion of User Content.

     

  4. No Warranties:

     

    YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ISIT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF OUR CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, (V) ANY ERRORS OR OMISSIONS IN ANY ART OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY ART POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, AND/OR (VI) ANY TEMPORARY OR PERMANENT SUSPENSION OF OR TERMINATION OS ANY OF THE SERVICES.

     

    WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND OTHER USERS OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

     

  5. Limitations of Liability: IN NO EVENT SHALL ISIT, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES IN THE SERVICE, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE

    OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

     

    YOU SPECIFICALLY ACKNOWLEDGE THAT ISIT SHALL NOT BE LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

     

    You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto.

     

  6. Indemnity: To the fullest extent permitted by law, you are responsible for your use of the Service, and you agree that you will defend, indemnify and hold harmless ISIT and its officers, directors, employees, consultants, affiliates, subsidiaries and agents from and against every claim damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) brought by a third party and arising from (a) your use or unauthorized use of, or misuse of, the Service; (b) your violation of any portion of these Terms any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. This defense and indemnification obligation will survive these Terms and your use of the Service. We shall have no liability to Users related in any way to the deletion and destruction of User Content hosted on the Service. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.

     

  7. Legal.

     

    1. The validity, interpretation, construction, performance and enforcement of these Terms shall be governed by the internal laws of the State of New York, without regard to its conflict of law rules. All disputes arising under these Terms of Service shall be

      submitted to the exclusive jurisdiction of the state and federal courts based in Nassau County, NY.

       

    2. By accepting these Terms, you hereby expressly consent to personal jurisdiction in the State of New York and to service of process to the email address that you used to sign up to the Website. These Terms and the Privacy Policy, together with any other legal notices published by ISIT on the Service, shall constitute the entire agreement between You and ISIT concerning the Service.

       

    3. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of this these Terms shall be deemed a further or continuing waiver of such term or any other term, and ISIT's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

       

    4. The paragraph headings contained herein are reference only, are not intended to define, limit, or interpret the contents of any such paragraphs or the Terms and shall have no legal effect, impact, or import whatsoever.

       

    5. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by ISIT without restriction.

     

  8. Notice to California Residents. Under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.

     

  9. International Use. The Service is provided and operated in the United States. We make no representation that the Service is appropriate or available for use outside of the United States. Access to the Service from countries or territories or by individuals where such access is illegal is strictly prohibited.