EFFECTIVE DATE: MAY 1, 2018
2. Legally Binding Agreement
By accessing the Services, you represent and warrant that you have read and understood, and agree to be bound by these TOU and that you acknowledge the adequacy of consideration for this Agreement. Please review this document carefully as it is a legally binding document between you and Interexo. If you do not agree to these TOU, you are prohibited from accessing, and must immediately discontinue your access of the Services. Please exit and discontinue all access immediately.
THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.
The Services are not targeted to, and should not be used by, persons under the age of 18. BY ACCESSING THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD, ARE LEGALLY QUALIFIED TO ENTER INTO AND FORM CONTRACTS UNDER APPLICABLE LAW, and are not barred from accessing the Services under the laws of any applicable jurisdiction.
If you are using the Services on behalf of a company, entity, or organization (each a “Subscribing Entity”), then you represent and warrant that you: (i) are an authorized representative of that Subscribing Entity with the authority to bind such entity to the TOU and (ii) agree to be bound by the TOU individually and on behalf of such Subscribing Entity. You further represent and warrant that the Subscribing Entity is not a Interexo Competitor, nor are you or your Subscribing Entity using the Services for or on behalf of a Interexo Competitor, as defined in Section 8(B)(ix).
5. Member Registration, User Name, and Credits
Member Registration. By accessing the Services, you are not automatically a Interexo Member; you are a “Visitor.” In order to become a Interexo member (“Member”), you are required to complete a registration process. You certify, represent and warrant that the information you provide therein is true, accurate, complete, current, and that it belongs to you. You shall keep your information complete and up-to-date at all times. Failure to maintain your registration information may cause your access to the Services to be interrupted, suspended, or terminated. You are responsible for monitoring your account, changing your password periodically and notifying Interexo immediately of any unauthorized use or breach of security of your password.
Members and Contacts. Your Member registration information and information you provide regarding businesses for sale is automatically entered into Interexo’s proprietary database (the “Database”), which contains, among other things, completed deal information (including, but not limited to revenue, EBITDA, Cash Flow), contact information. Please note: as a Member, you may contribute to and access the Database; however, Interexo retains all proprietary and intellectual property rights to the Database, and you do not retain any ownership rights in the Database as a result of any information you provide. Likewise, information contributed to the Database may be shared with other Members and with third parties, in Interexo’s discretion.
User Name. In order to access certain Services as a Member, you must log on with a unique user name or email address.
Credits. The Services allow you to earn Credits or Points (“Credits”) by performing certain actions. Credits are not real money, do not have monetary value, and may never be redeemed for “real world” money, or other items of monetary value from outside of the Services without our written permission. While we may use terms like “buy”, “earn”, “spend” or “sell” in reference to Credits, we do so only for convenience and such terms in no way indicate that Credits have monetary value or are real money. You acknowledge that Credits are not real currency and are not redeemable for any sum of money from us at any time. We make no guarantee as to the nature, quality or value of the features of the Services.
License. Credits obtained via the Services are provided to you under a limited, personal, revocable, non-transferable (except as specifically provided below), non-sublicensable license to use within the Services. Credits may not be transferred (except as specifically provided below) or resold in any manner, including, without limitation, by means of any direct sale or auction service. You have no property interest, right or title in or to any such Credits appearing or originating in the Services, or any other attributes associated with use of the Services.
Limitation of Liability. We have no liability for hacking or loss of your Credits; provided that we will use commercially reasonable efforts to restore Credits in the event of any hacking or loss. We have no obligation to, and will not, reimburse you for any Credits or any goods or services obtained via Credits that are forfeited due to your violation of the TOU. We reserve the right, without prior notification, to limit the quantity of Credits and/or to refuse to provide you with any Credits. Price, exchangeability, and availability of Credits are determined by us in our sole discretion and are subject to change without notice. You agree that we have the absolute right to manage, distribute, regulate, control, modify, cancel, restrict, terminate and/or eliminate Credits as we see fit in our sole discretion, and that we will have no liability for exercising such right. You agree that under no circumstances are we liable to you for any damages or claims that may arise from the loss or use of your Credits regardless of the circumstances. You absolve us of any responsibility to maintain or update your Credits balance. However, if there is a loss of Credits in your account due to technical or operational problems with the Services, we may replenish the lost Credits once the loss has been verified. Without limiting any of the foregoing, our maximum liability or responsibility to you is to replenish the Credits lost.
Redemption. You may redeem Credits for Interexo Data or as otherwise set forth on the Services. We will, in our sole discretion, determine and communicate the availability and exchange rate for any Credits, which may be modified at any time. All redemptions are subject to the TOU and all limitations and requirements stated via the Services. All redemptions of Credits are final. Once your Credits have been redeemed, they will be subtracted from your Point balance and will not be refunded or returned, except in our sole discretion. Interexo may also issue Credits at no charge to users, at its discretion.
Loss of Credits. Interexo may subtract Credits from your account if it determines, in its sole discretion, that you did not properly “earn” the Credits, including if Interexo Data you previously submitted is outdated or has been superseded by other Interexo Data submission.
Allocation between Members. Credits may be transferred among Members who are using the Services under the same Plan.
6. Subscription Accounts
Interexo offers additional, paid, services (each, a "Plan"). Subscription fees and terms vary and additional conditions, restrictions and limitations may apply to each Plan and will be as set forth in a separate agreement between you and Interexo (a “Master Subscription Agreement”). Payment terms will be as set forth in the Master Subscription Agreement.
7. Your License to Use
Subject to your compliance with the terms and conditions of this Agreement, and any other agreement between you and Interexo, Interexo grants you a non-exclusive, non-sublicensable, non-assignable, revocable, non-transferable license to access the Services. Except as expressly set forth herein, this Agreement grants you no rights in or to the intellectual property of Interexo or any other party. In the event that you breach any provision of this Agreement, your rights under this paragraph will immediately terminate. By accepting this license, you agree that all information contained in the Database, and the compilation of such information, is the proprietary, confidential information of Interexo, that you will safeguard and protect such information, and that you will use the information in accordance with the Code (as defined below). Your obligations set forth above shall survive termination of this Agreement.
8. Code of Conduct
The Services allow M&A professionals to share “deal” information. This sharing of information through the functionality of the Services is the only permitted use of the Services. All Members and Visitors must fully comply with the following Interexo Code of Conduct (the “Code”) at all times. You certify, represent and warrant that you will not violate this Code.
8.A. Restrictions on Inputting Information You shall not enter trade secrets or illegal or improper information in or through the Services (either directly through the Services or via any transmission to Interexo, including email), including, without limitation, the following:
- Information that is known to be false, inaccurate, incorrect, incomplete, inexact, outdated or otherwise wrong;
- Information subject to confidentiality, non-disclosure, non-competition, trade secret or proprietary rights, limitations or restrictions;
- Information that infringes the copyrights or intellectual property rights of others;
- Home addresses, Social Security numbers or credit card numbers;
- Information that is sexually explicit, profane, pornographic, immoral, obscene, vulgar, offensive, inflammatory, violent, dangerous, harmful, threatening, abusive, harassing, hateful, discriminatory or racially, ethnically or otherwise objectionable, or which may solicit information from anyone under the age of 18;
- Information that is defamatory, libelous, fraudulent, knowingly incorrect, or invasive of privacy or publicity rights of others;
- Information that advocates or encourages conduct that could constitute a criminal offense;
- Information that is actionable or may subject Interexo to legal action or liability of any kind;
- Information that violates any applicable local, state, national or international law, regulation, or convention; or
- Information that violates any provision of this Agreement or any other agreement or policy set forth by Interexo.
8.B. Use of Information Obtained via the Services. Interexo has no actual control over use of information by you or any other user outside the Services. You shall not use information accessed through the Services for any purpose or in any manner that is illegal or improper, including, without limitation, the following:
- For any purpose, activity or in any manner that is criminal, illegal or actionable;
- In violation of any local, state, national or international laws, regulations or conventions;
- To illegally ‘spam’ anyone or to sell, give, make available or otherwise distribute information to a spammer or for the purpose of spamming;
- For unethical marketing activities;
- To communicate with anyone using language or in any manner that is sexually explicit, profane, pornographic, immoral, obscene, vulgar, offensive, violent, dangerous, harmful, threatening, abusive, harassing, hateful, discriminatory, or racially, ethnically or otherwise objectionable;
- To prepare or compile information that is distributed in any manner or form to any third-party;
- To enhance, verify, supplement, append, confirm, or modify any compilation of information that is thereinafter distributed in any manner or form to a third-party;
- For sale, re-sale, sub-license, commercial use, or redistribution of any kind, without Interexo’s express, prior consent.;
- For, at the direction of, or on behalf of (directly or indirectly) any company whose primary business to provide an online mergers & acquisitions analytics platform, or to build a competitive product.
8.C. Acts against the Services. You shall not attempt to or engage in potentially harmful acts that are directed against the Services including, without limitation, the following:
- Using the Services in contravention of any other agreement to which you are a party, including without limitation any employment agreement to which you may be a party;
- Causing, allowing or assisting any other person to use your account or impersonate you;
- Sharing your password or login with any other person;
- Logging onto a server or account that you are not authorized to access;
- Forging screen names, manipulating identifiers, or otherwise impersonating any other person or misrepresenting your identity or affiliation with any person or entity;
- Emulating or faking usage of the Services;
- Violating or attempting to violate any security features of the Services;
- Using manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any pages contained in the Services;
- Falsely stating or otherwise misrepresenting your affiliation with any person or entity; - Introducing viruses, worms, software, Trojan horses or other similar harmful code into the Services;
- Interfering or attempting to interfere with the use of the Services by any other user, host or network, including, without limitation by means of submitting a virus, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” the Services;
- Causing, allowing or assisting machines, bots or automated services to access or use the Services without the express written permission of Interexo;
- Tampering with the operation, functionality or the security of the Services; - Attempting to override or circumvent any security or usage rules embedded into the Services that permit digital materials to be protected; - Attempting to probe, scan, or test the vulnerability of the Services, or any associated system or network, or breach any security or authentication measures;
- Misusing, tricking, disrupting or otherwise interfering with the functioning of the Services;
- Harvesting or collecting email addresses or other contact information of other users from the Services by electronic or other means;
- Reverse engineering, decompiling, disassembling, deciphering or otherwise attempting to derive the source code for any underlying intellectual property used to provide the Services;
- Engaging in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;
- Uploading, posting, transmitting, sharing, storing or otherwise making available any content that Interexo in its sole discretion deems to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
- Without Interexo’s prior, express consent, advertising or selling any products, services or otherwise (whether or not for profit), or soliciting others or using the Services for commercial purposes of any kind other than sharing comparables information with other M&A professionals.
8.D. Suspected Misuse and Penalties. Interexo may monitor the Services for violations of the Code, and you agree (a) not to bypass said monitoring, (b) that Interexo will not be liable for monitoring and (c) nothing Interexo says or does waives its rights to monitor the Services. Interexo shall be the sole and final arbiter of suspected Code violations. If Interexo determines that you have materially breached this agreement, it may, and without limiting any of its other remedies, immediately and without notice:
- Delete or modify content;
- Suspend your account;
- Terminate your account;
- Identify you to third parties;
- Take legal action.
You agree that you will be liable for breaches of the Code, and these TOU, by you and your affiliates, consultants, agents, contractors or employees and anyone else accessing the Services on your behalf (directly or indirectly), and you agree to pay Interexo liquidated damages as described below for any such breach of the Code, or these TOU. You agree that damages to Interexo from a breach of the Code or these TOU would be extremely difficult to quantify. Therefore, at Interexo’s option, in lieu of actual damages, Interexo will be entitled to $75,000 in liquidated damages as a reasonable estimate of our damages for each such breach. Interexo intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of this Agreement or of any applicable laws.
9. Your Creative Content
Separate and apart from contributing to the Database, the Services may allow you to post content, such as messages, images, text, photos, graphics, audio, video or other material (“your Creative Content”) through message boards, forums, Member blogs or other interactive features. With respect to your Creative Content, while you retain any and all of your lawfully owned rights therein, you hereby grant Interexo a royalty-free, perpetual, irrevocable, worldwide, transferable, non-exclusive and fully-sublicensable right and license to view, store, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display your Creative Content (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, and to exercise the same rights with respect to such works. You also permit any Visitor of the Services to access, store, distribute, perform, reproduce and prepare derivative works of your Creative Content. No compensation will be paid to you or to any other person or entity with respect to your Creative Content. You grant Interexo the right to use your name and/or likeness and/or any name and/or likeness that you may submit in connection with your Creative Content if Interexo should choose, without compensation or need for your prior approval, or to exercise any of the rights licensed by you hereunder, in connection with a fictional name or persona or without any attribution at all. You also agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your Creative Content.
Interexo may remove your Creative Content at any time in its sole discretion. You are solely responsible at your own cost and expense to create backup copies of your Creative Content. Likewise, by accessing the Services you may be exposed to other Members’ Creative Content that you find offensive, indecent or objectionable -- you agree that you use the Services at your own risk.
You agree that Interexo is not under any obligation of confidentiality, express or implied, with respect to your Creative Content. You represent and warrant that you own or otherwise control all necessary rights to your Creative Content, that it does not violate or infringe upon the intellectual property rights of a third party, that it is accurate, that it does not contain libelous, defamatory or otherwise unlawful material, that it does not violate anyone’s rights to publicity or privacy, that it will not cause injury to any person or entity, that it does not otherwise violate these TOU, and that you will indemnify Interexo and its service providers for all claims resulting from your Creative Content. UNDER NO CIRCUMSTANCES WILL INTEREXO BE LIABLE IN ANY WAY FOR OR IN CONNECTION WITH YOUR CREATIVE CONTENT.
As the provider of the Services, Interexo is only a forum and is not liable for any statements, representations, or omissions made through Your (or other Visitors’) Creative Content. Any opinions, advice, purported facts, or recommendations expressed therein are those of the Visitors who make them, and not those of Interexo; Interexo does not endorse any opinion, purported fact, recommendation or advice expressed therein. Likewise, it is your responsibility to exercise due care and caution (for your privacy, safety, and identity, among other concerns) when posting your Creative Content or accessing the Services.
10. The Private Market Deal Data and Information Available On the Services
10.A. Statement of Principles.
- We are open, transparent and fair about our practices and policies with respect to the collection and use of information.
- We utilize our Members and leading edge technology to build and maintain the most comprehensive, accurate and up-to-date database possible of information regarding private market deals. We maintain security measures to reasonably safeguard the data and its use.
- We collect information that is necessary for the legitimate business purposes of Interexo and our Members. We collect information that is obtained lawfully and by fair means, and do not encourage members and users to disclose trade secrets.
- We will monitor privacy and data protection developments. We encourage Members to respect compliance programs with respect to their own use of the Services.
10.B. Information Collected. The Services makes private market deals information available to our Members. The Platform is designed for private market deal professionals to connect with each other for the purposes of general networking, business development, seeking and managing investment or acquisition opportunities, and identifying investors and providers of capital. Members of the Platform use a variety of tools to implement the aforementioned processes, including data room and document hosting tools, communication and messaging tools, and a variety of reports and analytics. Interexo is not involved in the actual transaction between buyers and sellers, and does not render investment or legal advice in connection therewith. None of the information submitted on the Platform constitutes a solicitation, offer, opinion, or recommendation by Interexo to buy or sell any securities or other financial instruments or to provide legal, tax, accounting, or investment advice or services regarding the suitability or profitability of any security of any kind, investment or transaction. Interexo has not made any recommendations regarding the merit of any company identified on the Platform, made any recommendation regarding the purchase or sale of any security, or endorsed or sponsored any company identified on the Platform. For that reason all users of the Platform agree to be responsible for their own due diligence and the legal and regulatory compliance of any transaction they enter into, and Interexo makes no representation or assurance about such compliance. As a user of the Platform, you are required to provide true and accurate information about their businesses, and to update and maintain such information, but Interexo cannot and does not confirm the accuracy of information provided.
10.C. Sources of Interexo Data.
- Our Members build and maintain the Services’ database of Interexo Data. Interexo may aggregate, supplement or enhance its Interexo Data from established, reputable sources and trusted data suppliers. Interexo may also add to Interexo Data by collecting and including openly and freely available private market deals information. Data providers may only contribute information to Interexo that they have a legal right to provide.
- Interexo Data available on the Services may be readily available without restriction from any number of different data sources, including:
- Public records: Records created and maintained by government agencies and open for public inspection and use.
- Publicly available information: Information that is available to the general public from non-governmental sources.
- Non-public available information provided to Interexo by a Member authorized to share such information: Information that is privately owned and is not available to the general public or that is generally offered for a fee for use and redistribution without restriction.
- Openly available information: Information that has been made available without restriction by a company, typically for their own convenience, competitive advantage, business benefit or other commercial purposes.
- Derived information: Partial or derived information from any combination of the above sources that is assembled, aggregated, appended, calculated or associated together.
10.D. Concerns about Interexo Data. If you have any concerns about any Interexo Data, you can contact Interexo by email at firstname.lastname@example.org.
11. Intellectual Property
The Services and all content and materials located thereon, including without limitation any Interexo names and logos (the “Interexo Marks”), Database, designs, text, graphics and other files, and the selection, arrangement and organization thereof, are the intellectual property of Interexo or its licensors. Except as explicitly provided, neither the Services nor this Agreement grant you any right, title or interest in or to any such content or materials. The Interexo Marks are trademarks or registered trademarks of Interexo. Other trademarks, service marks, graphics, logos and domain names appearing on the Services may be the trademarks of third parties. The Website is Copyright © 2017, Interexo, Inc., ALL RIGHTS RESERVED. Moreover, except as expressly stated herein, or as expressly granted by Interexo in a signed writing, you have no intellectual property or other rights in the information you contribute to the Database.
As Interexo asks others to respect its intellectual property rights, Interexo respects the intellectual property rights of others. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Services. Likewise, if you have evidence, know, or have a good faith belief that your rights have been violated and you want Interexo to delete, edit, or disable the material in question, you must provide Interexo with all of the following information pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Interexo’s DMCA Agent (listed below) with the following information in writing:
- a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
- identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Interexo to locate the material;
- information reasonably sufficient to permit Interexo to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted;
- a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Interexo’s designated agent at:
Juniper Street Ventures LLC
2870 Peachtree Rd NW #915-4627
Atlanta, GA 30305
Please consult your legal counsel (or see 17 U.S.C. § 512) to confirm these requirements and your compliance therewith. It is Interexo’s policy to respond to notices of alleged infringement that comply with the DMCA. In addition, Interexo will promptly terminate without notice the accounts of users that are determined by Interexo to be “repeat infringers.” If Interexo receives more than three takedown notices regarding your any content you have submitted, including your Creative Content, then you will be considered a repeat infringer and your account will be terminated.
You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
12. Disclaimers; Limitation of Liability; Third Party Disputes
NO WARRANTIES. ALTHOUGH Interexo TAKES REASONABLE MEASURES TO KEEP THE SERVICES ERROR-FREE AND SAFE, YOU ACCESS THEM AT YOUR OWN RISK. Interexo, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SERVICES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” NEITHER Interexo NOR ITS LICENSORS OR SUPPLIERS WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SAFE OR SECURE. Interexo DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICE, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR PROVIDED BY THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR NOT INTERFERE WITH YOUR USE OR ENJOYMENT OF ANY OTHER PRODUCTS, GOODS OR SERVICES, INCLUDING APPLICATIONS ON ANY MOBILE DEVICE ON WHICH YOU HAVE INSTALLED THE APP, OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY Interexo OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY NOT EXPRESSLY PROVIDED FOR IN THE TOU.
YOUR RESPONSIBILITY FOR DAMAGE. YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. YOU WILL NOT HOLD Interexo OR ITS LICENSORS OR SUPPLIERS, AS APPLICABLE, RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM YOUR USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION ANY DAMAGE TO ANY OF YOUR COMPUTERS OR DATA. THE SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.
YOUR RESPONSIBILITY FOR YOUR ACTIONS. YOU AGREE AND UNDERSTAND THAT YOU MAY BE HELD LEGALLY RESPONSIBLE FOR DAMAGES SUFFERED BY OTHER VISITORS OR THIRD PARTIES AS THE RESULT OF YOUR REMARKS, INFORMATION, OR FEEDBACK OR OTHER CONTENT POSTED OR MADE AVAILABLE ON OR THROUGH THE SERVICES THAT IS DEEMED DEFAMATORY OR OTHERWISE LEGALLY ACTIONABLE.
LIMITATION OF LIABILITY. YOU AGREE THAT NEITHER Interexo, ITS DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, NOR ITS LICENSORS OR SUPPLIERS, HAVE ANY LIABILITY WHATSOEVER IN CONNECTION WITH YOUR ACCESS OF THE SERVICES. Interexo IS NOT RESPONSIBLE FOR THE ACTIONS OF THIRD-PARTIES (INCLUDING OTHER VISITORS OR MEMBERS), AND YOU RELEASE Interexo AND ITS DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN OR UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD-PARTIES. THE LIABILITY OF Interexo, ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS, AND ITS LICENSORS AND SUPPLIERS, IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT SHALL Interexo, ITS DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, OR ITS LICENSORS OR SUPPLIERS, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST DATA OR CONFIDENTIAL OR OTHER INFORMATION, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY, INCLUDING WITHOUT LIMITATION OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, OR OTHERWISE, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES OR OF ANY ADVICE OR NOTICE GIVEN TO Interexo, ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS, OR ITS LICENSORS AND SUPPLIERS) ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. ADDITIONALLY, THE MAXIMUM LIABILITY OF Interexo AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS AND SUPPLIERS TO YOU UNDER ALL CIRCUMSTANCES WILL NOT EXCEED THE GREATER OF $200.00 USD OR THE AMOUNT YOU HAVE PAID US IN THE LAST 12 MONTHS.
APPLICATION. THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS DO NOT IN ANY WAY LIMIT ANY OTHER DISCLAIMER OF WARRANTIES OR ANY OTHER LIMITATIONS OF LIABILITY BETWEEN YOU AND Interexo OR BETWEEN YOU AND ANY OF Interexo’S DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR THE LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE WEBSITE, SERVICES, OR OTHERWISE SHALL ALTER ANY OF THE DISCLAIMERS OR LIMITATIONS STATED IN THIS SECTION.
THIRD PARTY DISPUTES. YOU IRREVOCABLY RELEASE Interexo (AND OUR OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES, AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY DISPUTE YOU HAVE WITH ANY SERVICE PROVIDER, THIRD PARTY SERVICE OR OTHER THIRD PARTY.
You agree to indemnify and hold Interexo, its directors, officers, employees and agents, and its suppliers, licensors, and service providers, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorneys' fees (collectively, “Claims”), arising out of or in connection with: (1) your use of the Services; (2) any violation of this Agreement (including, without limitation, the Code); and (3) your violation of any law or the rights of any third party. Interexo will have the right, but not the obligation, to participate through counsel of its choice in any defense by you of any Claims as to which you are required to defend, indemnify, or hold harmless Interexo. You may not settle any Claims without the prior written consent of the concerned Interexo person or persons.
14. Third Party Websites
By You. You may cancel your account at any time and for any reason through the “My Account” link. WHEN YOU TERMINATE YOUR ACCOUNT, YOU WILL NOT RECEIVE ANY REFUND OF ANY SUBSCRIPTION FEES CHARGED TO YOUR ACCOUNT PRIOR TO RECEIPT OF YOUR CANCELLATION. WHERE APPLICABLE, AND UNLESS OTHERWISE SET FORTH IN YOUR SPECIFIC PLAN DETAILS, YOUR ACCOUNT WILL REMAIN ACTIVE UNTIL THE END OF YOUR CURRENT SUBSCRIPTION TERM UNLESS OTHERWISE TERMINATED BY Interexo. SUBSCRIPTION FEES WILL NOT BE PRORATED OR REFUNDED FOR PARTIAL-MONTH USAGE. YOU WILL FORFEIT YOUR ACCUMULATED POINTS AND RATING AT THE END OF THE SUBSCRIPTION TERM AFTER THE EFFECTIVE DATE OF YOUR CANCELLATION.
By Interexo. Interexo may suspend, terminate, or disable access to your account at any time for an actual or suspected breach (in Interexo’s reasonable discretion) of any provision of the TOU. Interexo, in its sole discretion and for any reason or no reason, may discontinue the Services and any related services including support (or any part thereof), at any time, with or without notice. You agree that Interexo shall not be liable to you or any third-party for any such termination. Without limiting the generality of the foregoing, Interexo may terminate your access to the Services in cases of actual or suspected fraud, or violations of these TOU or other laws or regulations, and any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Interexo may have at law or in equity. Upon termination, you will no longer have access to the Services and will forfeit your accumulated points and rating . At our discretion, we may provide you with a prorated refund of subscription fees if we terminate your user account.
Effect of Termination; Survival If this Agreement terminates, you will no longer be authorized to access the Services. Sections 8 – 13 and 15 – 20 of the Agreement will survive termination.
16. Binding Arbitration, Class Action Waiver, Venue and Jurisdiction
16.A. Binding Arbitration. In the event of a dispute arising under or relating to this Agreement (each, a “Dispute”), either party 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, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY 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. The arbitration shall be commenced and conducted by the Judicial Arbitration and Mediation Services (“JAMS”) pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website http://www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. 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 the United States county where you reside. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of
16.B. Class Action Waiver. You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) 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 (iii) 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.
16.C. Equitable Relief. Should you or Interexo seek equitable relief of any kind, you or Interexo, as applicable, are permitted to seek equitable relief in court, in aid of arbitration.
16.D. Claims. You and Interexo agree that, notwithstanding any other rights the party may have under law or equity, any cause of action arising out of or related to the TOU or the Services, excluding a claim for indemnification, must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
16.E. Improperly Filed Claims. All claims you bring against Interexo, or Interexo brings against you, must be resolved in accordance with this section. All claims filed or brought contrary to this section will be considered improperly filed. Should you or Interexo (the “ Filing Party”) file a claim contrary to this section, the non-Filing Party may recover attorneys’ fees and costs up to $5,000, provided that the non-Filing Party has notified in writing of the improperly filed claim, and the Filing Party has failed to promptly withdraw the claim.
16.F. Modifications. In the event that Interexo makes any future change to the Binding Arbitration provision (other than a change to Interexo’s Arbitration Notice Address), you may reject any such change by sending us written notice within thirty (30) days of the effective date of the change to Interexo’s Arbitration Notice Address, in which case your account with Interexo and your license to use the Services shall terminate immediately, and this section, as in effect immediately prior to the amendments you reject, shall survive the termination of the TOU.
16.G. Enforceability. If only part of Section 16 or the entirety of this Section 16 is found to be unenforceable, then the entirety of this Section 16 shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 16.H shall govern any action arising out of or related to the TOU.
16.H. Governing Law; Choice of Forum. The laws of the State of Georgia, excluding its conflicts of law rules, govern the TOU and your use of the Services. Your use of the Services may also be subject to other local, state, national, or international laws; provided, however, that the United Nations Convention on Contracts for the International Sale of Goods shall not apply to any provision of this TOU. To the extent that any action relating to any dispute hereunder is permitted to be brought in a court of law, such action shall be subject to the exclusive jurisdiction of the state and federal courts located in Atlanta, Georgia, and you hereby irrevocably submit to personal jurisdiction in such courts, and waive any defense of inconvenient forum.
16.I. Specific Proceedings. Any legal process initiated in order to obtain identifying information of a Visitor or Member in connection with asserting claims against such user must be initiated by way of a pre-action discovery proceeding in Georgia state court under N.Y. C.P.L.R. § 3102(c). If you are concerned about whether any Member is sharing information he/she is not authorized to share, please contact us at email@example.com and we will endeavor to work with you to resolve your concerns without the need to commence a legal proceeding.
Interexo values your enthusiasm regarding the Services. If you choose to contribute by sending Interexo or our employees any ideas for products, services, features, modifications, enhancements, content, refinements, technologies, content offerings (such as audio, visual, games, or other types of content), promotions, strategies, or product/feature names, or any related documentation, artwork, computer code, diagrams, or other materials (collectively “Feedback”), then regardless of what your accompanying communication may say, the following terms shall apply, so that future misunderstandings can be avoided. Accordingly, by sending Feedback to Interexo, you agree that:
Interexo has no obligation to review, consider, or implement your Feedback, or to return to you all or part of any Feedback for any reason;
Feedback is provided on a non-confidential basis, and Interexo is not under any obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any way; and
You irrevocably grant Interexo and its successors and assigns perpetual and unlimited permission to reproduce, distribute, create derivative works of, modify, publicly perform (including on a through-to-the-audience basis), communicate to the public, make available, publicly display, and otherwise use and exploit the Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified.
18. Accredited Investor Certification
In order to participate in the Platform as an investor or lender, you must be an “Accredited Investor” within the meaning of Rule 501 of Regulation D (“Rule 501”) under the Securities Act of 1933, as amended (the “Act”) and you hereby represent and warrant that you are an Accredited Investor within the meaning of Rule 501, as presently in effect. The federal securities laws define Accredited Investor in Rule 501 to include the following categories of investors (among others):
- a bank, savings and loan association, insurance company, registered investment company, registered broker or dealer, business development company, or a licensed Small Business Investment Company (as such terms are described in Rule 501);
- an employee benefit plan, within the meaning of the Employee Retirement Income Security Act of 1974, if a bank, savings and loan association, insurance company, or registered investment adviser makes the investment decisions, or if the plan has total assets in excess of $5 million or if such plan is a self-directed plan, with investment decisions made solely by persons that are accredited investors;
- a charitable organization (within the meaning of section 501(c)(3) of the Internal Revenue Code), corporation, or partnership, not formed for the specific purpose of acquiring the securities offered, with total assets exceeding $5 million;
- a director, executive officer, or general partner of the issuer of the securities being offered or sold or any director, executive officer or general partner of a general partner of that issuer;
- an entity in which all the equity owners are accredited investors;
- a natural person who has individual net worth, or joint net worth with the person’s spouse, that exceeds $1 million at the time of such person’s purchase of the securities, excluding the value of the primary residence of such person;
- a natural person with individual income exceeding $200,000 in each of the two most recent years or joint income with a spouse exceeding $300,000 for each of those years and a reasonable expectation of reaching the same income level in the current year; or
- a trust with total assets in excess of $5 million, not specifically formed to acquire the securities offered, whose purchases are directed by a sophisticated person (as such term is described in Rule 501).
19. Hyperlink Policy
Interexo’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Agreement and shall not affect the validity and enforceability of any remaining provisions.
Neither the course of conduct and/or course of dealing between the parties nor trade practice shall act to modify any provision of this Agreement.
Interexo may assign its rights and duties under this Agreement to any party at any time without notice to you. Your rights and duties under this Agreement are not assignable by you without written consent of Interexo.
Headings are used for convenience only and are not to be used for meaning or intent.
This Agreement, along with your Plan, and any other signed writing between you and Interexo regarding the Services, constitutes the entire understanding between you and Interexo and supersedes any prior or contemporaneous communications or provisions on the subject matter. This Agreement cannot be modified, unless in a writing labeled “Modification to TOU”, executed by both you and an officer of Interexo.
Juniper Street Ventures LLC
Attn: Legal Department
2870 Peachtree Rd NW #915-4627
Atlanta, GA 30305
EFFECTIVE DATE: MAY 1, 2018
This policy covers how Interexo (“Interexo,” “We,” or “Us”) treats Personally Identifiable Information (“PII”) and other information that Interexo collects in connection with our services, whether you are using our services as either a visitor to our website (“Visitor”) or as a user who has completed our registration process (“Members,” Visitors and Members collectively referred to as “Users”). Interexo considers PII to be information that can be traced directly back to and identifies an individual, such as name, address, email address, and/or phone number. We do not consider PII to include information that has been anonymized so that it does not allow a third party to easily identify a specific individual.
2. The Information We Collect
Interexo’s services include the collection, aggregation, and organization of information about private market deals. Members can provide such information for inclusion in our Database. By visiting our website or becoming a Member, you are authorizing us to gather, parse, and retain data and information that you provide to us as necessary to deliver and support our services.
PII Collection. Interexo collects PII when you register. We may also collect PII from you in other ways, such as when you contact our customer-support team or provide us with your credit card information in connection with Comp purchases.
Non-PII Collection. Whenever you visit Interexo, we also receive and record information on our server logs from your browser, including your IP address, Interexo cookie information, and the pages you request. We relate this information to the PII you provide. Interexo uses this information to provide our services, to improve our products and services, to contact you, to conduct research, and to develop and maintain anonymous or aggregated data and analytics
Member Screen Names. During registration, Members must create a unique screen name that may be publicly attributed (tied) to their use of our system and may be both displayed in our system or shared in public communications. Screen names are the key to keeping our Members anonymous when they are contributing information about private market deals. Members should be careful not to include PII in their screen name. Member Passwords. During registration, Members must select a password. Passwords are used to secure Member information and the integrity of the system. We only store a one-way encryption of Member passwords which means passwords cannot be unencrypted by us. Our login page provides a way for Members to obtain access to the system in case they lose or forget their password.
System Use Information. We use screen names to compile and process historical and statistical information about how and when our Users use the system. Historical and statistical information includes information about selected actions that our Members take while on the system. We may also aggregate and store historical and statistical information for Members or Visitors. System use information is collected, surveyed, evaluated and scored by the system to assess the quality of data. Member actions are effectively confirmed or challenged by the later actions of other Members. We use this evaluation process to maintain our collaborative, self-correcting system and to promote the development of the most accurate, complete and up-to-date data possible. Members are objectively rated by the system based upon their actions.
Our system uses points as an incentive and a point balance will be maintained for each Member based upon system use information. We may also use this information to add, adjust or discontinue certain services or functionality and to enforce our policies and procedures. Compiled system use information, Member ratings, point balances and information on data submitted may be displayed online and shared along with screen names, both online and in other public communications.
3. How We Use Your Personal Information and the information you contribute to our Database
Our use of PII. We use PII for internal and service-related purposes only and we may use vendors and suppliers to allow us to offer Interexo. Interexo does not rent, sell, or share PII about you with other people or non-affiliated companies for marketing purposes. While we do not rent, share, or sell PII to advertisers, we may allow access to other Interexo data to enable the delivery of marketing and offers that will be of the greatest utility, relevance, value, and interest to you.
Subscription Accounts. To open a subscription account, Members must enter valid PayPal and/or other payment information needed to process their subscription payments. We may use this information to contact Members about payment processing. When Members provide payment information, it is protected using secure socket layer technology (SSL).
Individual Comp Purchases. To purchase a Comp on an individual or one-off basis, Users must provide us with their credit card information. This information is protected using SSL.
Use of Payment Information. We use credit card or other payment information for identification and verification purposes and to help facilitate payment processing. We do not share credit card or other payment information with third parties other than to process payments.
Anonymous use and sharing. We may share with third parties anonymized information in the performance of marketing services, including evaluating market trends and/or under a joint marketing agreement to provide services that will be of particular interest and relevance to you. Such information will not include PII. In addition, Members may have access to their information through the 'My Account' area of our system.
Communicating with our Members. We will typically communicate with our Members using their registered email address. If we cannot reach our Members by email, we may use other contact information such as their address, telephone number, Twitter ID, Instant Messenger ID, Facebook ID and/or LinkedIn ID. We will communicate with Members in accordance with their preferences and in response to inquiries, to provide requested services and to manage their accounts. We will send Members mandatory service-related announcements and notifications by email when necessary. Members cannot opt-out of these communications, which are not promotional in nature. If Members do not wish to receive them, they have the option of canceling their account. We may broadcast or otherwise distribute important messages to all Users or send individual messages to specific Users where we have appropriate contact information to do so. We also may send information to Members by email about our services, including special alerts, offers, awards, surveys, contests, promotions and updates. Members will be given the option not to receive these types of communications.
Surveys and Contests. We may provide Users the opportunity to participate in contests or surveys from time to time. Participation in contests or surveys is completely voluntary. If Users choose to participate, we may request certain additional PII. We may use this information to monitor system traffic, supplement, amend and personalize our system, direct advertisements, communicate with participants, develop our products and services, or conduct market research. We will use email addresses to distribute and collect surveys, notify contest winners and award prizes.
Merger or sale. If all or substantially all of Interexo or its assets are sold or transferred, PII and other information we have collected may be treated as an asset and transferred in accordance with this Policy. Cookies and related technologies. Interexo uses "cookies." Cookies are small lines of text/data that are written onto a User’s computer by a website to store that User’s preferences. Most browsers allow you to manage cookies including blocking and deleting them. If you block or delete our cookies, Interexo may not work as well or at all for you.
Clear gifs (Web beacons). We use a software technology called clear gifs (a.k.a. web beacons), that help us better manage content on our site by informing us what content is effective. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of web users. In contrast to cookies, which are stored on a User's computer hard drive, clear gifs are embedded invisibly on web pages. We tie the information gathered by clear gifs to personally identifiable information Users submit while they are on the system. We use clear gifs in our HTML-based emails to let us know which emails have been opened by recipients. This allows us to gauge the effectiveness of certain communications and the effectiveness of our marketing campaigns.
Use of information in the Database. Any information that Members contribute to the Database may be shared with other Members. Interexo has the right, in its sole discretion, to resell any information Members contribute to the Database to any other Member and third parties for any purposes.
4. How We Secure Your Personal Information
Interexo limits access to your PII. We have put in place physical, electronic, and managerial procedures in an effort to safeguard and help prevent unauthorized access, maintain data security, and use correctly the PII we collect from you.
No data transmissions through the Internet or mobile devices, or even the physical transfer of information, can be guaranteed to be completely secure. We cannot eliminate fully all security risks associated with personal information and technical mistakes are possible. We do not ensure or warrant the security of any data or information you transmit to us and you do so at your own risk.
If Interexo learns of a security systems breach, then we may attempt to notify you electronically. You agree that we may communicate with you electronically regarding security, privacy, and administrative issues. We may post a notice on our website if a security breach occurs. If this happens, you will need a web browser enabling you to view and access Interexo. We may also send an email to you at the email address you have provided to us. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), you should notify us at: Juniper Street Ventures LLC, Attn: Legal Department, 2870 Peachtree Rd NW #915-4627, Atlanta, GA 30305.
Children under the age of 18 are not permitted to use our system. We do not knowingly collect information from or about children.
6. Transfer of Personal Information of European Union Citizens
7. How To Contact Us
If you have questions or suggestions, please email Interexo at firstname.lastname@example.org. Written communication should be sent to Juniper Street Ventures LLC, 2870 Peachtree Rd NW #915-4627, Atlanta, GA 30305.
8. To Review Or Correct Your Personal Information
Upon request, we will provide an individual with access to PII that we have collected about them (provided that they have given proof of identity). This information can be requested by sending us an email through the email link provided above or writing to us at the above address. This information can be corrected by sending us an email through the email link provided above or writing to us at the above address.
9. Data processing and GDPR
Interexo’ core offering is the Interexo Platform, the Services allow M&A professionals to share “deal” information. Data input into the Interexo Platform is known as “Platform Data.” Under GDPR, Interexo is a Data Processor of Interexo Platform Data. Users of the Interexo Platform are the Controllers of Platform Data and are responsible for all Controller obligations, such as choosing the appropriate legal basis for collecting and using tenants’ personal data.
10. Data controlling and GDPR
Interexo collects, stores and processes business contact data (used for direct marketing, demonstrations, and business development) and user usage data (used for internal analytics, user experience tracking, and marketing purposes.) Under GDPR, Interexo is a Data Controller with regards to business contact data and usage data. Business contact data is obtained by Interexo on the basis of your consent (where you affirmatively provide it to Interexo, for example when requesting a product demonstration) or for Interexo’ legitimate interest in responding to your queries, assisting you in your use of the Interexo, and otherwise communicating with Interexo users, customers, and potential customers. User usage data is obtained for Interexo’ legitimate interest of providing customer support, improving Interexo, and communicating with Interexo customers or potential customers. Individuals can opt out of the use of business contact data at any time by making a request to email@example.com. User usage data is a part of the Interexo platform. Therefore, when an individual would like to opt-out of collection of usage data, the individual will no longer be able to use the Interexo platform.
11. Accessing, correcting your information and exercising GDPR data rights
Interexo operations are based in the United States, which is the geographic location for all Interexo data processing.
You can review and change your personal information by logging into Interexo and visiting your account profile page.
You may also send us an email at firstname.lastname@example.org to request access to, correct, or delete any personal information that you have provided to us, or request execution of the following rights:
Receive a copy of your personal data;
Correction of your personal data;
Deletion of all of your personal data;
Restricting or ending the use or processing your personal data for a particular purpose;
Obtaining a copy of your personal data in a machine-readable ‘open format’ (e.g., XML, JSON, CSV, text file format);
Opt out of automated decision making.
Interexo cannot delete all of your Personal Data except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect. In the event that you do not opt to have your data deleted, Interexo may retain your Personal Data only for so long as we have a legitimate business purpose to use that data, but in no event longer than seven years from your last interaction with Interexo.
12. Third-Party data controllers
We may only transfer Personal Data to unaffiliated third-party data controllers when you have opted-in to that transfer. These third-parties do not act as agents or service providers and are not performing functions on our behalf. We will enter into written contracts with any and all unaffiliated third-party data controllers requiring them to provide the same level of protection for Personal Data as we do. We will also limit their use of your Personal Data so that it is consistent with any consent you have provided and with the notices you have received. If we transfer your Personal Data to one of our affiliated entities within our corporate group, we will ensure that your Personal Data does not receive any less protection.
13. Data security
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Any payment transactions will be encrypted.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to Interexo, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to Interexo over the internet. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on Interexo.
14. Questions or complaints You can direct any questions or complaints about the use or disclosure of your Personal Data to us at email@example.com. We will investigate resolve any complaints, disputes, or rights request regarding the use or disclosure of your Personal Data within thirty (30) days of receiving your inquiry.