Terms & Conditions
Insight Services, Inc. (d/b/a Testoil) (“Insight”) and any affiliates’ web sites (“Sites”) are provided for informational purposes. By using these sites, you agree (“Agreement”) to abide by these terms and conditions.
OWNERSHIP OF CONTENT
Unless otherwise indicated, this Site and its design and content, including without limitation any graphics, publications, articles, and other related information (collectively, "Content") are protected under applicable intellectual property and other laws, including without limitation those of the United States. All Content and intellectual property rights herein are the property of Insight Services, Inc. or the material is included with the permission of the rights owner. The posting of any Content on this Site does not constitute a waiver of any right in such Content. The reproduction, duplication, distribution, publication, modification, copying or transmission of Content from this Site in any form or by any means is strictly prohibited without the express prior written consent of Insight. Content may only be used for personal, non-commercial purposes, unless otherwise authorized by Insight. You may not use this Site to gain unauthorized access to Insight networks or computer systems or to engage in any activity that disrupts or otherwise interferes or tampers with the Site (and associated servers or networks connected to the Site).
The Insight Services and Testoil logos, as well as all page headers, custom graphics, button icons, trademarks, service marks and logos appearing on this Site, unless otherwise noted, are service marks, trademarks (whether registered or not) and/or trade dress of Insight (the "Marks"). All other trademarks, names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated on the Site are the property of their respective owners. You are not authorized to display or use the Marks in any manner without the express prior written consent of Insight. You are not authorized to display or use trademarks, names, logos, service marks and/or trade dress of other owners without their express prior written consent. The use or misuse of the Marks or other trademarks, names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.
Insight may at any time, in its sole discretion: (1) revoke the access of any user to this site; (2) modify, change, withdraw or delete this site and/or any of these conditions of use in whole or in part.
LINKS TO THIRD PARTY SITES
Certain links provided on Sites may allow the user to leave the Sites. The sites accessed via such links may not be under the control of Insight, and Insight shall not be responsible for the content of any linked site or link contained in a linked site. Insight provides these links as a convenience only, and the inclusion of any link does not imply an endorsement, affiliation, or sponsorship by Insight of that site. If you decide to visit a linked site, you do so at your own risk.
LICENSE TO INSIGHT
Insight does not intend for you to send any confidential or proprietary information via the Sites. By posting messages, uploading files, inputting data or engaging in any other form of communication through the Sites, you agree to grant Insight a royalty-free, perpetual, nonexclusive, unrestricted worldwide license to: (1) use, copy, sublicense, adapt, transmit, re-transmit, distribute and/or publicly perform or display any such communication; (2) sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication.
The foregoing grants shall include the right to exploit all rights in such communication, including but not limited to rights under copyright, trademark, service mark, patent laws or other intellectual property including right of publicity laws under any relevant jurisdiction.
DATA AND INFORMATION CONTAINED IN THIS WEBSITE ARE BELIEVED TO BE ACCURATE, BUT MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. INSIGHT SITES ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR CONDITION, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. INSIGHT DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THIS SITE, INCLUDING THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION. COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT INSIGHT IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. EXCEPT AS OTHERWISE LIMITED BY APPLICABLE LAW, IN NO EVENT WILL INSIGHT BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE INSIGHT SITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE
LIMITATION OF DAMAGES
IN NO EVENT SHALL INSIGHT BE LIABLE FOR ANY DAMAGES OF ANY KIND WHATSOEVER, INCLUDING ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, RELATING TO THE USE OF THIS SITE EXCEPT AS OTHERWISE LIMITED BY APPLICABLE LAW. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT INSIGHT IS NOT LIABLE FOR ANY DEFAMATORY, ANTICOMPETITIVE, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH ANY INSIGHT MATERIAL, OR WITH ANY OF INSIGHT'S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
You agree to defend, indemnify, save and hold harmless Insight, its licensees and Insight’s respective directors, officers, employees and agents from and against all liabilities, claims, damages and expenses, including reasonable attorneys' fees, arising out of your use of the site, or your violation or alleged violation of the terms of this agreement.
CHOICE OF LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of Ohio without giving effect to any principles or conflicts of law. If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
This Agreement constitutes the entire Agreement and is effective until terminated by Insight at any time for any reason without notice. In the event of termination, you are no longer authorized to access this Site, and the restrictions imposed on you with respect to material downloaded from this Site, the disclaimers and limitations of liabilities set forth in this Agreement, shall survive termination.