PLEASE READ THESE TERMS CAREFULLY. BY USING INTELLIGYM.COM WEB SITE (THIS “SITE”), YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, YOU MAY NOT USE THIS SITE.

As used in these Terms, “ACE” refers to ACE Applied Cognitive Engineering Ltd.; “we,” “our,” “us” refer to ACE Applied Cognitive Engineering Ltd.

WE MAY AMEND THESE TERMS AT ANY TIME WITHOUT PRIOR NOTICE BY POSTING THE AMENDED TERMS ON THIS SITE. USE OF THIS SITE FOLLOWING ANY SUCH CHANGE CONSTITUTES YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THE TERMS AS CHANGED. For this reason, you should review these Terms whenever you use this Site. These Terms were last revised on October 19, 2016.

Materials contained on or obtained through this Site, including, but not limited to, text, graphics, images, data, audio and video (collectively, the “Materials”), are owned or licensed by ACE. ACE and their third-party licensors retain all proprietary rights in and to the Materials, including all intellectual property rights associated therewith (e.g., copyrights, patents, trademarks, trade secrets and know-how) and all broadcasting rights or other distribution rights associated therewith. In addition, the entire content of this Site is copyrighted as a collective work by us. Unless otherwise expressly indicated on this Site, except for downloading, storing, viewing and printing limited portions of the Materials for your own personal, noncommercial use, you may not download, store, print, modify, copy, reproduce, translate, perform, display, publish, create derivative works of, distribute or otherwise use the Materials in any way, without the prior written permission of ACE.

You must retain all copyright, trademark and other proprietary notices contained in the original Materials on any copy you make of the Materials. You may not frame or utilize framing techniques to enclose all or any portion of this Site. You may not use any meta-tags or any other similar hidden text utilizing ACE’s name or trademarks.

We may, in our sole discretion, modify, add or discontinue any aspect, content or feature of this Site at any time, with or without notice.

As a user of this Site, you are responsible for your own communications and are responsible for the consequences of any of your postings in or to our Site, if any (e.g., postings in chat rooms, bulletin boards, personalized web pages, etc.). By submitting any material for posting on this Site, you automatically grant (or, if you are not the owner, you warrant that the owner of such material has expressly granted) us a royalty-free, perpetual, irrevocable, nonexclusive and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, perform, display and otherwise exploit such material (in whole or in part) worldwide and/or to incorporate it in other work in any form, media or technology now known or later developed.

We do not represent or guarantee the accuracy, completeness or reliability of any material posted by users of this Site nor do we endorse any opinions expressed by any users. If you rely on material posted by other users, you do so only at your own risk.

Although we may occasionally screen or monitor material posted by users, we do not do so systematically, and we are not obligated to do so. We may for any reason edit, refuse to post or remove without notice any materials posted by users. However, we have no obligation to do so. If you become aware of any material that violates these Terms, you may email such information to us. However, we do not guarantee that any action will be taken as a result of your contact. We reserve the right to expel any user and to prevent further access to this Site for any or no reason, including violation of these Terms or applicable law. However, we have no obligation to expel any user or to prevent further access to this Site.

Each user of our Sites is solely responsible for the information, data, text, messages, graphics, photographs, video, audio, forms, PDF documents, or other materials he or she posts on our Sites. This means that you, and not ACE, are entirely responsible for all content that you upload, post, transmit or otherwise make available to others using this Site. Under no circumstances will ACE be liable in any way for any content posted on or made available through this Site by you or any third party.

You may not do any of the following while using this Site:

* interfere with or disrupt networks connected to this Site or violate the regulations, policies or procedures of such networks;

* attempt to gain unauthorized access to this Site, computer systems or networks connected to this Site, through password mining or any other means;

* interfere with another user’s use and enjoyment of this Site;

* upload any message, information, data, text, software, graphic files or other materials (“Content”) that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, that may be invasive of another’s privacy, hateful, racially, ethnically or otherwise objectionable;

* upload Content that contains a virus, corrupted file, or other harmful component;

* impersonate any person or entity, including, but not limited to ACE personnel, or falsely state or otherwise misrepresent any affiliation with any person or entity;

* upload any Content that you do not have a right to upload under law or under contractual or fiduciary relationships (including, but not limited to, nondisclosure agreements);

* upload any information or grant permissions to view information to any person in a manner that exceeds your contractual or other legal authority;

* upload any unsolicited advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, contests, surveys, or any other form of solicitation (commercial or non-commercial);

* intentionally or unintentionally violate or encourage or assist another to violate any law or regulation in connection with your use or another’s use of this Site; or

* upload any Content that violates or infringes any patent, trademark, trade secret, copyright or any right, of whatever nature, of anyone.

If you violate any of this Section, your permission to use the Materials and this Site automatically terminates.

This Site may provide additional rules for participating in activities on or through this Site (“Rules”), including sweepstakes, contests and other activities. This Agreement is incorporated by reference into any specific Rules for a particular activity. To the extent that any conflict exists between these Terms and specific Rules, the Rules for the particular activity shall govern.

If you wish to register or sign-up on our Site you agree to provide accurate, current and complete personal data and information about yourself (such as name, age, address, etc.) as required by our registration or sign-up form(s) and further agree that you will update such data to keep it accurate, current and complete. We reserve the right to suspend or terminate your use of our Site if we discover, or have a reasonable basis to believe that any of the data you have provided is inaccurate, incomplete or untrue. If you register or sign-up on our Site, you may be asked to select a username and password. Your account, including your username and password, are personal to you and may not be used by anyone else. You are responsible for maintaining the confidentiality of your password and username and are fully responsible for all activities that occur under your password or username by you or by anyone else using your username and password, whether or not authorized by you. You agree to immediately inform us of any apparent breaches of security such as loss, theft or unauthorized disclosure or use of your username or password (contact ACE at contact@intelligym.com) and until we are so notified you will remain liable for any unauthorized use of your account.

This Site contains links to third-party web sites. These links are provided solely for your convenience. They are not an endorsement by us of the content of such third-party web sites. We are not responsible for the content or practices of linked third-party sites and do not make any representations or warranties about the content or accuracy of materials on such third-party web sites or the practices of such sites.

We welcome comments regarding our service. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, “Comments”) submitted to us will be our exclusive property. Submission of any such Comments constitutes an assignment to us of all worldwide right, title and interest in and to all copyrights and other intellectual property rights in and to the Comments, and you represent and warrant that you have the right to make such an assignment and that such Comments do not violate or infringe any rights of anyone. We will be entitled to use, reproduce, disclose, publish and distribute any Comments for any purpose whatsoever (in whole or in part) worldwide and/or to incorporate it in other work in any form, media or technology now known or later developed, without restriction and without compensating you in any way. For this reason, we ask that you do not send us any Comments that you do not desire to assign to us, including, but not limited to, any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.

THIS SITE AND THE MATERIALS ARE PROVIDED ON AN AS-IS, AS-AVAILABLE BASIS WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, ACE, ITS AFFILIATES AND THIRD PARTY LICENSORS AND VENDORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY OF ANY INFORMATIONAL CONTENT. CERTAIN STATES DO NOT ALLOW DISCLAIMERS OF CERTAIN WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO ONE OR ALL OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

You understand and expressly agree that use of this Site and the Materials is at your sole risk and that this Site and the Materials may not be current, complete, uninterrupted, accurate or error-free. We make no representation or warranty regarding the use, validity, security, accuracy, currency, completeness, reliability or the results from the use of this Site or the Materials and do not assume any liability or responsibility for any errors or omissions in the Materials or any actions taken or not taken in reliance upon the Materials. The Materials may contain typographical errors or inaccuracies and may not be complete or current and, therefore, we reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.

IN NO EVENT SHALL ACE, ITS AFFILIATES OR THIRD PARTY LICENSORS OR VENDORS BE LIABLE FOR ANY DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR ANY DAMAGES FOR COMPUTER FAILURE OR MALFUNCTION, BUSINESS INTERRUPTION, LOSS OF PROFITS, USE, DATA, GOODWILL OR OTHER INTANGIBLES) ARISING FROM OR IN ANY WAY RELATING TO THESE TERMS, THIS SITE, THE MATERIALS (INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE THIS SITE OR THE MATERIALS), OR ANY INFORMATION, GOODS OR SERVICES CONTAINED ON OR OBTAINED THROUGH THIS SITE, EVEN IF ACE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION (INCLUDING, BUT NOT LIMITED TO, CONTRACT, NEGLIGENCE, TORT OR WARRANTY). CERTAIN STATES DO NOT ALLOW THE LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.

You agree to defend, indemnify and hold harmless ACE and its affiliates and officers, directors, employees and agents, from and against any and all third-party claims, liability, actions, demands, costs or expenses (including, but not limited to, attorneys’ fees) arising from or relating to your use of this Site or the Materials, material that you post to this Site or otherwise provide to ACE, or your breach or violation of these Terms. ACE reserve the right to defend any such claim, and you agree to provide ACE with such reasonable cooperation as it may request.

Be sure to check our Privacy Statement to understand our practices. The Privacy Statement is subject to these Terms and is incorporated by reference herein. By agreeing to these Terms, you are also consenting to our use of your personal information in accordance with our Privacy Statement.

We may, at our discretion and in appropriate circumstances, terminate the accounts of users who infringe the rights of copyright holders. If you believe that your work has been copied or used on our Site in a way that constitutes copyright infringement, please provide our Designated Agent with a signed statement containing the following information:

These Terms will be governed by the internal laws of the State of Delaware. You agree that any and all disputes, claims and causes of action arising from or relating to this Site or these Terms may be brought only in a court of competent jurisdiction in Wilmington, Delaware, and you hereby consent to the jurisdiction, venue and convenience of such courts. Any and all disputes, claims and causes of action arising out of or relating to this Site or these Terms shall be resolved individually, without resort to any form of class action.

This Site is based in North America. Access to the Materials or use of this Site may not be legal by certain persons or in certain countries. If you access this Site from outside the United States or Canada, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. Headings in these Terms are for convenience only and shall not be used to interpret or construe its provisions. If any term or provision of these Terms is found to be invalid, void or unenforceable by any court having competent jurisdiction, the remainder of these Terms shall remain in full force and effect. Any waiver of any term or provision of these Terms will be effective only if it is in writing and signed by ACE. No waiver of any term or provision of these Terms shall be deemed a further or continuing waiver of such term or provision or any other term or provision. These Terms constitute the entire agreement between the parties pertaining to the subject matter hereof, and cancel and supersede all prior oral and written negotiations, agreements or understandings between the parties with respect to the subject matter hereof. Except as provided above in the Section labeled “Changes to these Terms,” no modification of any provision of these Terms shall be valid or binding unless made in writing and signed by authorized representatives of ACE.