instedd.org/terms-of-service/

Terms of Service

Welcome to InSTEDD

InSTEDD is an independent and international 501(c)3 tax-exempt, nonprofit corporation chartered to develop improved information and technological capabilities for global health security and disaster response. InSTEDD develops, evaluates and distributes technologies that improve surveillance, preparedness and response capabilities for humanitarian and relief purposes.

1. Your relationship with InSTEDD

1.1 Your use of InSTEDD’s products, software, services and web sites (referred to collectively as the ‘Services’ in this document and excluding any services provided to you by InSTEDD under a separate written agreement) is subject to the terms of a legal agreement between you and InSTEDD. ‘InSTEDD’ means INSTEDD, whose principal place of business is at 955 Benecia Ave Sunnyvale, CA 94085. This document explains how the agreement is made up, and sets out some of the terms of that agreement.

1.2 Unless otherwise agreed in writing with InSTEDD, your agreement with InSTEDD will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the ‘Universal Terms.’

1.3 Your agreement with InSTEDD will also include the terms of any Legal Notices applicable to the Services, in addition to the Universal Terms. All of these are referred to below as the ‘Additional Terms.’ Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service.

1.4 The Universal Terms, together with the Additional Terms, form a legally binding agreement between you and InSTEDD in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the ‘Terms.’

1.5 If there is any contradiction between what the Additional Terms say and what the Universal Terms say, then the Additional Terms shall take precedence in relation to that Service.

2. Accepting the Terms

2.1 In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.

2.2 You can accept the Terms using the Services. You understand and agree that InSTEDD will treat your use of the Services as acceptance of the Terms from that point onwards.

2.3 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with InSTEDD, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries, including the country in which you are resident or from which you use the Services.

2.4 Before you continue, you should print off or save a local copy of the Universal Terms for your records.

3. Language of the Terms

3.1 Where InSTEDD has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with InSTEDD.

3.2 If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.

4. Provision of the Services by InSTEDD

4.1 InSTEDD has affiliated legal entities around the world (‘Affiliates’). Sometimes, these entities will be providing the Services to you on behalf of InSTEDD itself. You acknowledge and agree that Affiliates will be entitled to provide the Services to you.

4.2 InSTEDD is constantly innovating in order to improve its Services. You acknowledge and agree that the form and nature of the Services which InSTEDD provides may change from time to time without prior notice to you.

4.3 As part of this continuing innovation, you acknowledge and agree that InSTEDD may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at InSTEDD’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform InSTEDD when you stop using the Services.

4.4 You acknowledge and agree that if InSTEDD disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.

5. Use of the Services by you

5.1 In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to InSTEDD will always be accurate, correct and up to date.

5.2 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).

5.3 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by InSTEDD, unless you have been specifically allowed to do so in a separate agreement with InSTEDD. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.

5.4 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).

5.5 Unless you have been specifically permitted to do so in a separate agreement with InSTEDD, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.

5.6 You agree that you are solely responsible for (and that InSTEDD has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which InSTEDD may suffer) of any such breach.

5.7 We have the right, but not the obligation, to monitor any activity, information or content associated with the Services. We may investigate any reported violation of these Terms or complaints and we may take any action that we deem appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, and/or removal of information or content. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect our systems and customers, or to ensure the integrity and operation of our business and systems, we may access and disclose any information we consider necessary or appropriate, including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, and content. Our right to disclose any such information shall govern over any terms of our Privacy Policy.

5.8 While using the Services, you agree to:

(A) follow all local, state, national and international laws and regulations;

(B) take responsibility for all acts that occur under your account or password, including any content transmitted or
broadcast from your account;

(C) maintain the confidentiality of your password and login identity;

(D) provide only accurate and appropriate personal and organizational information about yourself and your organization; and

(E) keep your personal and organizational information posted on the Services within the convention of good taste. If inappropriate material it is brought to our attention, we will revise or delete the inappropriate information at our discretion and with no notice to you. We have the right to request edits or make edits to your personal and organizational information at our discretion.

5.9 While using the Services, you agree NOT to:

(A) use your access to the Services for any commercial redistribution purpose without prior written permission from us;

(B) republish information found in the Site without first obtaining written permission from us;

(C) post or forward any confidential correspondence from InSTEDD;

(D) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, ‘data mine,’ or in any way reproduce or circumvent the navigational structure or presentation of the Services or their contents;

(E) harvest or collect information about visitors or members without their express consent;

(F) transmit:

(I) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes on our or any third-party’s intellectual property or other rights. In the event you do, we have the right to release your identifying information to the police, our attorneys or the individual you mentioned in your posting so that they may take action against you;

(II) any trade secret of any third-party;

(III) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us), or engage in spamming or flooding; or

(IV) any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component.

6. Your passwords and account security

6.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.

6.2 Accordingly, you agree that you will be solely responsible to InSTEDD for all activities that occur under your account.

6.3 If you become aware of any unauthorized use of your password or of your account, you agree to notify InSTEDD immediately at abuse@instedd.org

7. Privacy and your personal information

7.1 For information about InSTEDD’s data protection practices, please read InSTEDD’s Privacy Policy found at http://www.instedd.org/privacystatement. This policy explains how InSTEDD treats your personal information, and protects your privacy, when you use the Services.

7.2 You agree to the use of your data in accordance with InSTEDD’s privacy policies.

7.3 If you are an international visitor or user of our Services, please refer to our privacy policy section titled ‘International Visitors and Customers,’ as referenced above.

8. Content in the Services

8.1 You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the ‘Content’.

8.2 You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to InSTEDD (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by InSTEDD or by the owners of that Content, in a separate agreement.

8.3 InSTEDD reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service.

8.4 You agree that you are solely responsible for (and that InSTEDD has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which InSTEDD may suffer) by doing so.

9. Proprietary rights

9.1 You acknowledge and agree that InSTEDD (or InSTEDD’s licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by InSTEDD and that you shall not disclose such information without InSTEDD’s prior written consent.

9.2 Unless you have agreed otherwise in writing with InSTEDD, nothing in the Terms gives you a right to use any of InSTEDD’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.

9.3 Other than the limited license set forth in Section 11, InSTEDD acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with InSTEDD, you agree that you are responsible for protecting and enforcing those rights and that InSTEDD has no obligation to do so on your behalf.

9.4 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.

9.5 Unless you have been expressly authorized to do so in writing by InSTEDD, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

10. License from InSTEDD

10.1 InSTEDD gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by InSTEDD as part of the Services as provided to you by InSTEDD (referred to as the ‘Software’ below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by InSTEDD, in the manner permitted by the Terms.

10.2 You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by InSTEDD, in writing.

10.3 Unless InSTEDD has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.

11. Content license from you

11.1 You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. By submitting, posting or displaying the content you give InSTEDD a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services. This license is for the sole purpose of enabling InSTEDD to display, distribute and promote the Services and may be revoked for certain Services as defined in the Additional Terms of those Services.

11.2 You agree that this license includes a right for InSTEDD to make such Content available to other companies, organizations or individuals with whom InSTEDD has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services.

11.3 You understand that InSTEDD, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit InSTEDD to take these actions.

11.4 You confirm and warrant to InSTEDD that you have all the rights, power and authority necessary to grant the above license.

12. Software updates

12.1 The Software which you use may automatically download and install updates from time to time from InSTEDD. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit InSTEDD to deliver these to you) as part of your use of the Services.

13. Ending your relationship with InSTEDD

13.1 The Terms will continue to apply until terminated by either you or InSTEDD as set out below.

13.2 If you want to terminate your legal agreement with InSTEDD, you may do so by (a) notifying InSTEDD at any time and (b) closing your accounts for all of the Services which you use, where InSTEDD has made this option available to you. Your notice should be sent, in writing, to InSTEDD’s address which is set out at the beginning of these Terms.

13.3 InSTEDD may at any time, terminate its legal agreement with you if:

(A) you have breached any provision of the Terms, the Privacy Policy, or other incorporated agreements or guidelines (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms, Privacy Policy, or other incorporated agreements or guidelines); or

(B) InSTEDD is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or

(C) a request by you to terminate your account; or

(D) the partner with whom InSTEDD offered the Services to you has terminated its relationship with InSTEDD or ceased to offer the Services to you; or

(E) unexpected technical or security issues or problems; or

(F) InSTEDD is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or

(G) discontinuance or material modification to the Service (or any part thereof); or

(H) engagement by you in fraudulent or illegal activities.

13.4 Further, you agree that all terminations for cause shall be made in InSTEDD’s sole discretion and that InSTEDD shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service.

13.5 Nothing in this Section shall affect InSTEDD’s rights regarding provision of Services under Section 4 of the Terms.

13.6 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and InSTEDD have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 20.7 shall continue to apply to such rights, obligations and liabilities indefinitely.

14. EXCLUSION OF WARRANTIES

14.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 14 AND 15, SHALL EXCLUDE OR LIMIT INSTEDD’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

14.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND ‘AS AVAILABLE.’

14.3 IN PARTICULAR, INSTEDD, ITS AFFILIATES, AND ITS PARTNERS, DONORS, SUPPORTERS, AND LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:

(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,

(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,

(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND

(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.

14.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

14.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM INSTEDD OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

14.6 INSTEDD FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

15. LIMITATION OF LIABILITY

15.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 14.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT INSTEDD, ITS AFFILIATES, AND ITS PARTNERS, DONORS, SUPPORTERS, AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR:

(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;

(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:

(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;

(II) ANY CHANGES WHICH INSTEDD MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);

(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;

(III) YOUR FAILURE TO PROVIDE INSTEDD WITH ACCURATE ACCOUNT INFORMATION;

(IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;

(V) ANY OTHER MATTER RELATING TO THE SERVICE.

15.2 THE LIMITATIONS ON INSTEDD’S LIABILITY TO YOU IN PARAGRAPH 15.1 ABOVE SHALL APPLY WHETHER OR NOT INSTEDD HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

16. Copyright policies

16.1 InSTEDD and its partners respect the intellectual property of others, and we ask you and all of our users to do the same. InSTEDD may remove content from the Website that violates these policies and/or disable and/or terminate the accounts of users who may violate our policies. If you believe that your User Content has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide InSTEDD’s Copyright Agent the following information:

(A) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

(B) a description of the copyrighted work or other intellectual property that you claim has been infringed;

(C) a description of where the material that you claim is infringing is located on the Website;

(D) your address, telephone number, and email address;

(E) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(F) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Send this information to:

By mail:
Copyright Agent
InSTEDD
955 Benecia Ave Sunnyvale, CA 94085
USA

By email:
agent@instedd.org / info@instedd.org

17. Advertisements

17.1 Some of the Services may be supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.

17.2 The manner, mode and extent of advertising by InSTEDD on the Services are subject to change without specific notice to you.

17.3 In consideration for InSTEDD granting you access to and use of the Services, you agree that InSTEDD may place such advertising on the Services.

18. Other content

18.1 The Services may include hyperlinks to other web sites or content or resources. InSTEDD may have no control over any web sites or resources which are provided by companies or persons other than InSTEDD.

18.2 You acknowledge and agree that InSTEDD is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.

18.3 You acknowledge and agree that InSTEDD is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.

19. Changes to the Terms

19.1 InSTEDD may make changes to the Universal Terms or Additional Terms from time to time. When these changes are made, InSTEDD will make a new copy of the Universal Terms available at this page on our website and any new Additional Terms will be made available to you from within, or through, the affected Services.

19.2 You understand and agree that if you use the Services after the date on which the Universal Terms or Additional Terms have changed, InSTEDD will treat your use as acceptance of the updated Universal Terms or Additional Terms.

20. General legal terms

20.1 Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.

20.2 The Terms constitute the whole legal agreement between you and InSTEDD and govern your use of the Services (but excluding any services which InSTEDD may provide to you under a separate written agreement), and completely replace any prior agreements between you and InSTEDD in relation to the Services.

20.3 You agree that InSTEDD may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.

20.4 You agree that if InSTEDD does not exercise or enforce any legal right or remedy which is contained in the Terms (or which InSTEDD has the benefit of under any applicable law), this will not be taken to be a formal waiver of InSTEDD’s rights and that those rights or remedies will still be available to InSTEDD.

20.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.

20.6 You acknowledge and agree that any member of a group of companies of which InSTEDD is the parent shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.

20.7 You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

20.8 In the event of any dispute or claim related to or rising out of these Terms, you agree to submit such dispute to arbitration. Such arbitration will be conducted in California,under the commercial arbitration rules of the American Arbitration Association. The award rendered by the arbitrator(s) shall be final, and judgment may be entered upon it in accordance with the applicable law in any court having jurisdiction thereof. The prevailing party will be entitled to recover its costs and expenses, including attorneys’ fees, as awarded by the arbitrator. You and InSTEDD waive your respective rights to have claims or disputes related to these Terms tried by a judge or jury.

20.9 The Terms, and your relationship with InSTEDD under the Terms, shall be governed by the laws of the State of California without regard to its conflict of laws provisions. Except for claims subject to arbitration pursuant to these Terms, you and InSTEDD agree to submit to the exclusive jurisdiction of the courts located within the county of Santa Clara, California, USA to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that InSTEDD shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

Effective Date: 17 January 2008