Last updated June 1, 2018
These Terms are effective as of the “Last Updated” date above. We may change these Terms at any time, and we’ll make sure to notify you of any important changes by posting a message on our home page. If you continue using Innovatively or its Services after any of these changes, it will mean you’ve accepted any new or changed terms.
Innovatively is located in New York, NY. You can reach us through our contact link.
Accessing the Service. You agree that Innovatively shall not be liable to you for any modification, suspension or discontinuance of the Service. You are responsible for obtaining access to any Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service. The Service is always evolving and could change from time to time without prior notice to you. In addition, Frogdog Labs may stop the Service or features within the Service, permanently or temporarily, and may not be able to provide prior notice to you. Frogdog Labs will not be held liable for any direct or indirect loss or damage associated with any interruptions or changes to the Service.
External Links. Innovatively may provide links that will take you to third-party websites. We do not endorse and we are not responsible for the content of any third-party websites. Innovatively provides these links only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to the third-party websites. You use all third-party websites at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of these links, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such links.
Intellectual Property. Innovatively contains material, such as text, graphics, images, and other material provided by us or on behalf of us, and, through your use of the Services, you’ll also be provided with additional information from us. We refer collectively to all of these materials and information as the “Content” or “Data”. The Content and Data are owned by us or our licensors and is protected under both United States and foreign laws. The Content includes (but is not limited to) the trademarks, service marks, and logos that are used and displayed on Innovatively, which are registered and unregistered trademarks or service marks of ours or our licensors. The Data includes (but is not limited) the information, data, metrics and calculations.
You’re not allowed to: (i) use our trademarks, service marks or logos without our written permission in each instance; (ii) copy or use the Content and Data for any purpose other than your own internal business use; (iii) remove any copyright or other protected notices contained in the original Content on any copy you make of the Content; (iv) sell, transfer, assign, license, sublicense, or modify the Content; (v) use our Data or Services in any manner that is illegal, libelous, obscene, threatening, defamatory, or in any manner that violates, infringes or misappropriates the privacy or the intellectual property rights of third parties; (vi) use our Service to store or transmit any viruses, worms, time bombs, Trojan horses and other harmful or malicious code, files, scripts, agents or programs (vii) interfere with or disrupt the integrity or performance of the online Service; (viii) attempt to gain unauthorized access to our Service or their related systems or networks, or systematically access our Services using "bots" or "spiders"; (ix) decompile or reverse engineer our Services; (x) copy, frame or mirror our Services; or (xi) use or distribute our Services and/or Data in any manner that violates any applicable laws, rules and regulations, including without limitation, any laws relating to unsolicited email.
Unsolicited Information. By submitting any unsolicited information and materials (anything we don’t ask you for), including comments, ideas, questions, designs, and other similar communications (collectively, “Unsolicited Information”), you agree to be bound by the following terms and conditions. If you don’t agree with these terms and conditions, you shouldn’t provide us with any Unsolicited Information. All Unsolicited Information will be considered NON-CONFIDENTIAL and NON-PROPRIETARY. We can give the Unsolicited Information to anyone we want, and we or anyone else may use it for any purpose whatsoever, including (but not limited to) reproduction, transmission, publication, broadcast, and further posting. Further, we or anyone else are free to use any ideas, know-how, or techniques contained in any communication or material you send to the site for any purpose, including (but not limited to) developing, manufacturing, and marketing products. By submitting any Unsolicited Information, you are granting us a perpetual, royalty-free and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer and sell such Unsolicited Information and to use your name and other identifying information in connection with such Unsolicited Information.
Disclaimer and Limitation of Liability. YOU ACKNOWLEDGE AND AGREE THAT INNOVATIVELY, OUR SERVICES, OUR CONTENT, AND OUR DATA ARE PROVIDED "AS IS," "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE WON’T BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY RELATED TO YOUR ACCESS TO OR USE OF INNOVATIVELY, OUR SERVICES, OUR CONTENT, OR OUR DATA.
IN NO EVENT WILL WE BE LIABLE FOR SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, REVENUES OR SAVINGS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES, IN THOSE JURISDICTIONS OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT WILL OUR TOTAL LIABILITY EXCEED FIFTY DOLLARS (US $50).
INNOVATIVELY DOES NOT GIVE PROFESSIONAL OR LEGAL ADVICE TO ANY OF ANYONE USING THE SERVICES AND THE SERVICES SHOULD NOT BE RELIED ON AS A SUBSTITUTE FOR FINANCIAL, LEGAL OR OTHER PROFESSIONAL ADVICE. INNOVATIVELY IS NOT RESPONSIBLE FOR AND SHALL HAVE NO LIABILITY WITH RESPECT TO THE ACTIONS OR OMISSIONS OF ANYONE USING THE SITE. AS A CONDITION TO YOUR USE OF OUR THE SITE, YOU HEREBY WAIVE AND RELEASE ANY AND ALL CLAIMS, CAUSES OF ACTION OR OTHER RIGHTS THAT YOU MIGHT HAVE AGAINST INNOVATIVELY ARISING OUT OF OR RELATING TO THE SUBMISSION AND REVIEW OF ANY MATERIALS MADE AVAILABLE THROUGH THE SITE. ANY RELIANCE ON THE INFORMATION CONTAINED ON THIS WEBSITE IS SOLELY AT YOUR RISK.
Indemnification. If you breach these Terms or access, use, or misuse Innovatively, our Services, our Content, or our Data in a way that causes any claims, actions, or demands against us, or causes us to pay any related legal or accounting fees, you’ll defend, indemnify, and hold us and our officers, directors, employees, successors, licensees, and assigns harmless.
Termination. We can terminate these Terms and your access to all or any part of Innovatively or our Services at any time and for any reason without prior notice or liability. We can also change, suspend, or discontinue all or any part of Innovatively or our Services at any time without prior notice or liability.
Binding Arbitration. If any dispute arises from these Terms or your use of Innovatively, our Services, our Content, or our Data, we or you (individually a “Party” or together, the “Parties”) may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act ("FAA"). Any election to arbitrate, at any time, will be final and binding on the both Parties. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR TO HAVE A JURY TRIAL. DISCOVERY AND APPEAL RIGHTS MIGHT ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the FAA. Any court with jurisdiction over the parties may enforce the arbitrator’s award. The arbitration will be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (AAA) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (AAA Consumer Rules), both of which are available at the AAA website www.adr.org. The arbitration may be conducted in person, through the submission of documents, by phone or online. If conducted in person, the arbitration shall take place in New York, New York. The Parties may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
Class Action Waiver. You agree that any arbitration or proceeding will be limited to the dispute between us and you individually. To the full extent permitted by law, (1) no arbitration or proceeding shall be joined with any other; (2) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (3) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
General. If any portion of these Terms is held to be invalid or unenforceable, that portion will be construed in accordance with the applicable law to best reflect the original intentions of the parties, and the remainder of these Terms will remain in full force and effect. This section, the section entitled Indemnification, and the sections entitled Disclaimer and Limitation of Liability and Intellectual Property will survive the termination of these Terms. You can’t assign these Terms. No waiver will be effective unless in writing. Neither the course of conduct between you and us nor any trade practices can modify any provision of these Terms. These Terms will be governed by and construed in accordance with the laws of the State of New York. Except for proceedings commenced by us to protect our intellectual property or confidential information which may be brought in any court of competent jurisdiction, the parties mutually agree that any and all disputes arising hereunder shall be resolved exclusively by state or federal courts located in New York, New York. These Terms contain the entire agreement of the Parties concerning the subject matter hereof and supersede all existing agreements and all other oral, written or other communication between the parties concerning its subject matter.