This agreement covers important information about the product and the website, as well as information about your privacy, future changes to the agreement, limitations of liability, a class action waiver, and a resolution of disputes by arbitration instead of in court.
If you access the iSee-Corporation or use any part of the website, you indicate your acceptance of the agreement. If you have not read the agreement, do not understand or agree to be bound by the agreement, or are not able to consent to be bound by the agreement (e.g., if you are not old enough to enter into a binding legal contract), do not use the product or website.
- Scope and Acceptance
- Overview of the website and Disclosure of Your Information
A principal purpose of the iSee-Corporation Services is to provide information about you to first responders, health care personnel, and related others in the event of an emergency affecting you. By purchasing the Services from iSee-Corporation you authorize iSee-Corporation to release medical and other confidential information about you during emergencies to first responders, health care personnel, and others, which may or may not be designated by you by means of the received QR-code tag.iSee-Corporation attempts to provide accurate descriptions, availability, and pricing of the paid Services on the Website. iSee-Corporation does not warrant, however, that the descriptions, availability, and pricing are current or error-free.
In order to access and use website, including paid Services, you may be required to register with us. Registration requires you to
- indicate agreement to this Agreement,
- provide contact information and identification details, and
- submit any other form of authentication required as part of the registration process, in iSee-Corporation’s sole discretion. Upon registration, you agree to accept responsibility for all activities that occur under your account or password. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account. You agree, represent, and warrant that you shall at all times provide accurate information when registering as a Member and when using the website and that you shall update and maintain as accurate all such information during your use of the website.
- Subscription Termination
You may cancel your iSee-Corporation subscription at any time on the Website. iSee-Corporation subscription fees are non-refundable. iSee-Corporation does not refund subscription fee either fully or partially if you notify us that you are voluntarily closing your account within the current subscription period. If iSee-Corporation has collected your subscription fee for a new subscription that has not yet started, we will refund this fee if notification of voluntary termination is received prior to the start date. For cancellations after the start date, the subscription fee is non-refundable.iSee-Corporation may terminate your subscription and refuse any and all current or future use of website, or any portion thereof,
- in order to comply with applicable law,
- if you provide any information that iSee-Corporation determines, in its sole discretion, to be untrue, inaccurate, not current or incomplete (or if the information becomes untrue, inaccurate, not current or incomplete),
- if subscription fees are not paid,
- if iSee-Corporation determines, in its sole discretion, that you are using your iSee-Corporation subscription in a manner not permitted by this Agreement, or
- in other circumstances, as iSee-Corporation concludes appropriate. Upon payment of any outstanding balance, we may agree to reinstate your subscription after termination. If this occurs, we may charge you a fee for reinstating your subscription.
- License to Member Submissions
By communicating with iSee-Corporation, including submitting or sending content to us, you grant iSee-Corporation the royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive, and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content (in whole or part), including any information, suggestions, ideas, drawings or concepts contained in such content, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. Such license includes incorporating the content, in whole or in part, into a iSee-Corporation service, or feature. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any content or part thereof, or other communication to ISee-Corporation. You also warrant that any “moral rights” in such content is waived.
- Automatic Renewal Policy
Your subscription will automatically renew at the end of each subscription term for another subscription term of the same length. You agree that iSee-Corporation can automatically renew your subscription service and charge your account on the anniversary of your last subscription date (the “Renewal Date”), unless you cancel your subscription before the Renewal Date. All notices regarding your subscription will be sent to your last email of record. To cancel your subscription without your account being charged for the next term, you must do so before the Renewal Date. You are responsible for timely canceling your subscription regardless of whether you receive any notice from us. The renewal payment is due on the Renewal Date and will be invoiced to the Member. Should you decide to cancel prior to your Renewal Date, your cancellation will be effective at the end of the then-current last day of the subscription term for which you have already paid. iSee-Corporation reserves the right to modify from at any time the subscription fee. iSee-Corporation will make every attempt to communicate in advance any price change, but iSee-Corporation is not required to do so.
iSee-Corporation may decide, in its sole discretion, not to process or even to cancel your order to purchase the paid Services in certain circumstances. This may occur, for example, when the Service you wish to purchase is unavailable or has been mispriced, we suspect the request is fraudulent, or in other circumstances iSee-Corporation deems appropriate in its sole discretion. iSee-Corporation also reserves the right, in its sole discretion, to take steps to verify your identity to process your order. iSee-Corporation will either not charge you or refund the charges for orders that we do not process or cancel. Without limiting the foregoing, iSee-Corporation reserves the right to:
- revoke any stated offer;
- correct any errors, inaccuracies, or omissions; and
- make changes to prices, content, promotions, offers, product descriptions or specifications, or other information, without informing its members (including after an order has been submitted, acknowledged, shipped, or received, except as prohibited by law). All orders are final when placed either online. However, iSee-Corporation reserves the right to accept returns on a case-by-case basis.
- Permitted Use of the Website and services
You shall not use website for any purpose competitive to iSee-Corporation. You will notify iSee-Corporation immediately by emailing firstname.lastname@example.org of any unauthorized use of your iSee-Corporation service that is known to you.Certain iSee-Corporation materials provided through the website are protected by intellectual property laws, including but not limited to copyright and trademark laws. You expressly acknowledge and agree that the content accessible through the website remains the property of iSee-Corporation, and iSee-Corporation retain all right, title, and interest in the content.Subject to the terms of this Agreement, you are granted a limited, personal, non-exclusive, non-sublicensable, non-assignable, non-transferable, and revocable license to access and use the website solely for your own use. Except as expressly provided, all rights are reserved.In connection with the use of the website, you may not:
- alter or modify the website, or make any electronic reproduction, adaptation, distribution, performance, or display of the website, or any portion thereof, except to the extent permitted by the intended functionality of the website or as required for the limited purpose of reviewing material on the website; or
- sell, rent, lease, transfer, distribute, broadcast, display, provide, or otherwise assign to any third party any rights to the website, or related materials; or
- remove or modify any proprietary notice or labels on the website, including author attribution and copyright notices, or use any of our trademarks as meta-tags on any website; or
- use the website for any non-authorized purpose or any illegal purpose; or
- copy, modify, erase, or damage any information contained on computer servers used or controlled by iSee-Corporation; or
- use the website to violate any legal right of any third party, including any publicity or privacy right, copyright, or other intellectual property right, or to take any action that is harassing, libelous, defamatory, abusive, tortious, threatening, harmful, or otherwise objectionable; or
- access or use any password-protected, secure, or non-public areas of the website, or access data on the website not intended for you, except as specifically authorized by iSee-Corporation (such unauthorized access or attempted access may subject Members to prosecution); or
- impersonate or misrepresent your affiliation with any person or entity; or
- use any automated means to access or use the website, including scripts, bots, scrapers, data miners, or similar software, or display the website, or portions thereof, in things (e.g., framing, scraping, etc.), without our express written permission; or
- attempt to or actually disrupt, impair, interfere with, alter, or modify the website, or any information, data, or materials posted and/or displayed by iSee-Corporation; or
- attempt to probe, scan, or test the vulnerability of the website or breach any implemented security or authentication measures, regardless of your motives or intent; or
- attempt to interfere with or disrupt access to or use of the website by any Member, processor, host, or network, including, without limitation, by submitting a virus, worm, Trojan horse, or other malicious code; or
- post any content to the website that:
- includes any profane, obscene, defamatory, discriminatory, threatening, menacing, harassing, or violent content;
- depicts or suggests nudity or sexual acts;
- promotes hatred, including against members of a protected group under federal, state, or local law (such as, for example, a group defined by race, gender, or national origin);
- is objectively shocking or disgusting;
- depicts or suggests presently occurring illegal activity;
- includes unlicensed proprietary content of a third party, including, e.g., third-party content protected by copyright or trademark for which you do not have a license;
- breaches any duty of confidentiality you may have to a third party (e.g., discloses private information about a third party without consent); or
- is contrary to the Agreement, including iSee-Corporation’s rules and policies.iSee-Corporation may suspend or terminate your account and your access to and use of the website at any time in its sole discretion and for any reason, including any breach of these terms.
- Hyperlinking to Other Websites
The website may provide links to other websites or digital properties to access third-party material or by bringing the third-party material into a site via “inverse” hyperlinks and framing technology (a “Linked Site”). iSee-Corporation has no discretion to alter, update, or control the content on a Linked Site. The fact that iSee-Corporation has provided a link to a site is not an endorsement, authorization, sponsorship, or affiliation with respect to such Linked Site, its owners, or its providers. There are inherent risks in relying upon, using, or retrieving any information found on the Internet, and ISee-Corporation urges you to make sure you understand these risks before relying upon, using, or retrieving any such information on a Linked Site.
- Violation of Agreement
iSee-Corporation reserves the right to seek all remedies available at law and in equity for violations of this Agreement, including the right to block access from a particular Internet address or Member to the website. Any violation by you of this Agreement will constitute an unlawful and unfair business practice that will cause irreparable harm to iSee-Corporation for which monetary damages would be inadequate. You consent to iSee-Corporation’s obtaining any injunctive or equitable relief that iSee-Corporation deems necessary or appropriate in such circumstances, without the need for a bond. These remedies are in addition to any other remedies iSee-Corporation may have at law or in equity.
- No Medical Advice or Offers
Nothing offered through the website constitutes medical advice. iSee-Corporation provides materials for convenience and information only.
- Disclaimer of Warranties
iSee-Corporation does not endorse and is not responsible for
- the accuracy or reliability of any opinion, advice or statement made through the website by any party other thaniSee-Corporation,
- any content provided on linked sites, or
- the capabilities or reliability of any product or service obtained from a linked site. Other than as required under applicable consumer protection law, under no circumstance will iSee-Corporation liable for any loss or damage caused by a member’s reliance on information obtained through the website. It is the responsibility of the member to evaluate the accuracy, completeness, or usefulness of any opinion, advice, or other content available through the website. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other content.You expressly agree that access to and use of the website are at your sole risk. The website is provided on an “as is” and an “as available” basis. iSee-Corporation does not make, and hereby disclaims, any representations or warranties, express, implied, or statutory, regarding
- the website;
- any services offered through the website; and
- the acts or omissions of you and other members with respect to the use of the product and sebsite , including (without limitation) implied warranties of merchantability, fitness for a particular purpose, title, non-infringement of third party rights, and any warranties arising by course of dealing or custom of trade. iSee-Corporation makes no representation or warranty that any material, content, products, or services displayed on or offered through the website are accurate, complete, appropriate, reliable, or timely. iSee-Corporation also makes no representations or warranties that thewebsite will meet your requirements, or that your access to and use of the product or website will be uninterrupted or error-free, free of viruses, malicious code, or other harmful components, or otherwise will be secure. Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.
- General Limitation of Liability
You agree that iSee-Corporation, its affiliates, and its and their respective principals, owners, equity or stakeholders, officers, directors, employees, agents, representatives, contractors, successors, and assigns will not be liable, whether in contract, tort, strict liability or otherwise, for any indirect, punitive, special, consequential, incidental, or indirect damages (including without limitation lost profits, cost of procuring substitute service or lost opportunity) arising out of or in connection with the use of the product, the website, or a linked site, or with the delay or inability to use the product, the website, or a linked site, even if iSee-Corporation is made aware of the possibility of such damages. This limitation on liability includes, but is not limited to, the transmission of any viruses which may infect a member’s equipment, failure of mechanical or electronic equipment or communication lines, telephone, or other interconnection problems (e.g., inability to access an internet service provider), unauthorized access, theft, operator errors, strikes or other labor problems or any force majeure. iSee-Corporation cannot and does not guarantee continuous, uninterrupted, or secure access to the website or a linked site.To the maximum extent permitted by law, in no event shall the aggregate liability of iSee-Corporation, its affiliates, and its and their respective principals, owners, equity or stakeholders, officers, directors, employees, agents, representatives, contractors, successors, and assigns to you exceed the greater of
- the amount of fees paid or payable by you to iSee-Corporation under this agreement, and
- one hundred euros (€50). This limitation on the amount of liability shall apply whether a claim or liability arises in contract, equity, tort, or otherwise (including breach of warranty, negligence, and strict liability in tort), and even if iSee-Corporation has been advised of the possibility of such claim or liability. This limitation shall specifically survive a failure of essential purpose of any remedies that may be provided in this agreement.
- Limitation of Liability for Third-Party Services
Any and all claims regarding any failure or breach with respect to such third-party services offered through the website are limited to claims against any and all such third-party service providers. iSee-Corporation hereby disclaims any liability, whether based in contract, equity, tort, or otherwise (including breach of warranty, negligence, and strict liability in tort), including without limitation liability for any direct, punitive, special, consequential, incidental or indirect damages, in connection with services provided by such third-party service providers, and you hereby exonerate iSee-Corporation from any liability with respect to the same.
iSee-Corporation relies upon the accuracy of the information that you provide. Therefore, you agree to defend, indemnify, and hold harmless iSee-Corporation, its affiliates, and its and their respective principals, owners, equity or stakeholders, officers, directors, employees, agents, representatives, contractors, successors, and assigns from any claim, demand, or lawsuit brought by you or any other party or parties for any injury, death, loss, costs, expenses or damages (including, but not limited to, reasonable fees and disbursements of counsel and court costs), arising in whole or in part out of your provision of incomplete or inaccurate information to iSee-Corporation, any violation of this Agreement by you, and any act or omission by you relating to your use of the website.
- Governing Law and Venue
Any action related to the Agreement will be governed by the laws of the Netherlands, without regard to the choice or conflicts of law provisions of any jurisdiction. Subject to the Dispute Resolution provision in this Agreement, you and iSee-Corporation agree and consent that jurisdiction, proper venue, and the most convenient forums for all claims, actions, and proceedings of any kind relating to the website, or the Agreement will be exclusively in the federal or state courts of the Netherlands.
- Dispute Resolution
This section limits certain rights, including the right to maintain a court action, the right to a jury trial, the right to participate in any form of class or representative claim, the right to engage in discovery except as provided in jams rules, and the right to certain remedies and forms of relief. Other rights that you or iSee-Corporation would have in court also may not be available in arbitration.By using the website in any way, you unconditionally consent and agree that:
- any claim, dispute, or controversy (whether in contract, tort, or otherwise) you may have against iSee-Corporation, or any of its officers, directors and employees, arising out of, relating to, or connected in any way to the website, or the determination of the scope or applicability of this Dispute Resolution provision, will be resolved exclusively by final and binding arbitration administered by a mediator apointed bu iSee-Corporation and conducted before a sole arbitrator in accordance with the rules of the mediator;
- this arbitration agreement is made pursuant to a transaction involving interstate commerce
- the arbitration shall be held in Rotterdam, The Netherlands;
- the arbitrator’s decision shall be controlled by the Agreement;
- the arbitrator shall apply Dutch law, and shall honor claims of privilege recognized at law;
- there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only your and/or iSee-Corporation’s claims, and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated;
- the arbitrator shall not have the power to award punitive damages against you or iSee-Corporation;
- with the exception of subpart (6) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of mediation, then the balance of this Dispute Resolution provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (6) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor iSee-Corporation shall be entitled to arbitrate the dispute.
We may sell, transfer, or assign this Agreement and your subscription account. We may do so at any time without notifying you. You may not sell, assign, or transfer your subscription account or any of your obligations under this Agreement without the prior written consent of iSee-Corporation. Any purported assignment or delegation that does not comply with this paragraph shall be void at its inception.
- Entire Agreement
The Agreement constitutes the entire agreement of between you and iSee-Corporation regarding the specific matters herein, and all prior agreements, letters, proposals, discussions and other documents regarding the matters herein are superseded and merged into this Agreement.
If any provision of this Agreement is determined to be illegal, invalid, or unenforceable, the enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and such provision shall be deemed to be restated to reflect the parties’ original intentions as nearly as possible in accordance with applicable laws.
- Effect of Termination/Survival of Selected Provisions
Notwithstanding the expiration or earlier termination of this Agreement or Services, including any iSee-Corporation subscription Services, or any general legal principles to the contrary, any provision of this Agreement that imposes or contemplates continuing obligations or rights of a party will survive expiration or termination of this Agreement or such Services.
Last revised: Sept 24, 2020