TERMS & CONDITIONS
This is a legal agreement between you, the “end user,” and IR2 – Interior Resource, Inc., a California corporation (“IR2”). Use of this Site (“Site”) and the , “SpaceTrak™” software, online software that streamlines data gathering, evaluation and the management of space ( “Software”), indicates your acceptance of these terms.
ACCEPTANCE OF TERMS: By accessing, browsing and/or using this site and Software, you acknowledge that you have read, understood, and agree to be bound by the following terms and conditions and to comply with all applicable laws and regulations. If you do not agree to the Terms, do not access the Site or use the Software. These terms and conditions are subject to change from time to time.
LICENSE: Users who register for a 15 day trial license or who have purchased a SpaceTrak™ Project or Subscription based license are granted a nonexclusive, nontransferable, revocable, limited license to use the Software and access and use the Site and general content and information provided on and through the Site (“Content”) in accordance with these Terms and Conditions for the period defined by the License type purchased. Licenses may have a 15 day, 90 day, 1 year or longer license term. A SpaceTrak™ Trial, Project, Base and Advanced license allow the user to model a single “Entity”. The user defines who the Entity is to them. An Entity may be a single company, a division of a company, a specific client or a project for a Client (for those SpaceTrak™ customers who are consultants). Additional Entities are allowed and require an “Additional Entity License” for each Additional Entity. All Entities may be designated as Active or Inactive. Billing for Subscription based licenses is determined by the number of Entities that were Active during that calendar month. An Additional Entity License will be deemed granted for each additional Active Entity. Users will be billed according to published pricing based on the number of Entities that were Active at any point during a calendar month. Access to the forums, blogs, support, software and other downloads available on the Site is restricted to licensees and sub-licensees of IR2 software products. Users who have purchased a Advanced license are granted permission to identify and designate other users who will have access to SpaceTrak™ to input or verify data. Advanced is therefore a multi-user license while Trial, Project and Base licenses are single user licenses.
APPROPRIATE USE: The license grant for the Software includes “Appropriate Use” as defined in the Users’ Manual,including such things as the ability to upload data from spreadsheets, manually input data into forms, allow other users to input or verify data in forms, print reports, etc. Refer to the Users Manual for additional Appropriate Uses. Appropriate Use is extended to include any Enhancements requested by a Licensee and which created added functionality not included in the Users’ Manual.Appropriate Use of the Software and the Site is limited by specific Software capabilities and the intended use of the Software as described in the Users’ Manual.
USE RESTRICTIONS: The copyright in all Software and Content provided on this Site is held by IR2 – Interior Resource, Inc., a California corporation (“IR2”). Permission is granted to input and upload data, run reports, display, copy and download the materials on this Site solely for your own use or the benefit of a client for whom you work. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you will immediately destroy any downloaded and printed materials. You may never distribute, decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the Site or the Content. You may not use any network monitoring or discovery software to determine the site architecture, or extract information about usage or users. You may not use any robot, spider, other automatic device, or manual process to monitor, copy, interfere or attempt to interfere with the proper working of the Site or the Content without IR2’s prior written permission (such consent is deemed given for standard search engine technology employed by Internet search web sites to direct Internet users to this Site). You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of the Site, except to the extent permitted above. Any unauthorized use of the Site or its Content is prohibited and may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. IR2 may discontinue or revise any and all aspects of the Site or the Content at its sole discretion and without prior notice.
PROPRIETARY RIGHTS: You acknowledge that (1) the SpaceTrak™ software, the Site, all Content (other than forum content and blog content not created by IR2), related documentation, and other intellectual proprietary rights embodied therein are and shall remain the property of IR2; (2) the Site was created, compiled, prepared, selected and arranged by IR2 through the expenditure of substantial time, effort and resources; (3) the trademarks, service marks, and logos (the “Trademarks”) used and displayed on this Site are Trademarks of IR2. Nothing on this Site should be construed as granting any license or right to use any Trademark displayed on the Site, without the written permission of IR2; (4) the SpaceTrak™ software, the Site and its Content constitute valuable intellectual property which is subject to protection under the patent, trademark, copyright, trade secret and other intellectual property laws. IR2 aggressively enforces its intellectual property rights to the fullest extent of the law.
LINKS TO OTHER SITES: This Site may contain links to and from third party web sites. These links are provided solely as a convenience to you and not as an endorsement by IR2 of the contents on such third-party web sites. IR2 is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party web sites.
REGISTRATION: Certain sections of this Site may require you to register. If registration is requested, you agree to provide IR2 with a user name
and password. Each registration is for a single person only. IR2 does not permit (1) anyone other than the registered person to access the Site; (2) access through a single person being made available to multiple users on a network except in accordance with Advanced licenses; or (3) registration by other than IR2 software licensees or sub-licensees. You are responsible for preventing unauthorized use. If you believe there has been unauthorized use, you must notify IR2 immediately by emailing.
DISCLAIMER OF WARRANTY: SPACETRAK™ SOFTWARE AND CONTENT ON THIS SITE IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. IR2 DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE CONTENT ON THIS SITE OR ANY SITES LINKED TO THIS SITE.
LIMITATION OF LIABILITY: UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL IR2, ITS CONTENT PROVIDERS OR ANY THIRD PARTIES MENTIONED IN THIS SITE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE CONTENT ON THIS SITE, EVEN IF IR2 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
YOUR TRANSMISSIONS: You are prohibited from posting or transmitting to or from the SpaceTrak™ Software and this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law. No unauthorized advertising of products or services is permitted. With the exception of custom work requests accepted by IR2, if you post information, data, text, or other content on publicly accessible areas of the Site or provide IR2 with information, including but not limited to, feed-back data, answers, questions, comments, suggestions, plans, ideas or the like, such information or content shall be deemed to be non-confidential and IR2 shall be free to use, reproduce, disclose or distribute the information to others without restriction. IR2 reserves the right to edit, censure or delete all postings. If you see an objectionable post, you may report it to firstname.lastname@example.org. If we determine that removal of the post is necessary, we will make every effort to do so in a reasonable time frame. If the content of your posting subjects IR2 to liability, you agree to defend and hold IR2 harmless from such liability.
REMEDIES FOR VIOLATIONS: IR2 reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions, including but not limited to the right to block access from a particular Internet address to the Site and its Content.
GOVERNING LAW AND JURISDICTION: These Terms and Conditions are governed by and construed in accordance with the laws of the State of California.
SEVERABILITY OF PROVISIONS: If any provision of these Terms and Conditions is unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.