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TERMS OF USE

Please read the following Legal Notices & Terms of Use (“Terms of Use”) carefully before viewing or using the i5digital.io website (“Site”).  By accessing or using the Site you signify that you have read, understand and agree to be bound by these Terms of Use.  i5 LLC reserves the right to modify these Terms of Use at any time by posting modified Terms of Use, and your continued use of the Site thereafter will constitute agreement with such modifications.  If you do not agree to these Terms of Use, please do not use this Site.

i5 LLC is a Wisconsin limited liability company with offices in Wisconsin and established under the laws of the state of Wisconsin. References in these Terms of Use or the Site to “i5 LLC”, or the “Company” refer to the Wisconsin limited liability company unless indicated otherwise. i5 LLC operates this Site to provide online access to information about i5 LLC and the products, services, and opportunities provided (the “Service”). These Terms of Use, together with applicable additional terms and conditions or agreements posted elsewhere on the Site, are referred to as this “Agreement”.

Use of Site. Unless otherwise specified, the Site is for your personal and non-commercial use. No right, title or interest in any Content is transferred to you as a result of downloading such Content or otherwise. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Site.

User Conduct. While using the Site you will comply with all applicable laws, rules, and regulations.  In addition, the Company expects users of the Site to respect the rights and dignity of others.  Your use of the Site is conditioned on your compliance with the rules of conduct set forth herein, and failure to comply with such rules may result in termination of access to the Site.  You agree that you will not:

(a) Use the Site for any fraudulent or unlawful purpose.

(b) Use the Site to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others’ privacy rights or rights of publicity, or harvest or collect personally identifiable information about other users of the Site.

(c) Impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site; or express or imply that the Company endorses any statement you make.

(d) Interfere with or disrupt the operation of the Site; or violate any requirements, procedures, policies or regulations of such any networks which function to make this Site available.

(e) Transmit or otherwise make available in connection with the Site any virus, worm, Trojan horse, spyware, or other computer code, file, or program that may be or is intended to damage or alter the operation of, or to monitor the use of, any hardware, software, or equipment.

(f) Restrict or inhibit any other person from using the Site.

(g) Reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site.

(h) In any way gather Site content or reproduce or circumvent the navigational structure or presentation of the Site without the Company’s express prior written consent.  The Company grants the operators of public online search engines limited permission to use search retrieval applications to reproduce materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of such materials.  The Company reserves the right to revoke these exceptions.

Intellectual Property. ©Copyright 2017 by i5 LLC. All rights reserved. The Company claims a copyright in all proprietary and copyrightable text, graphics and computer code on this Site, the overall design of this Site, and the selection, arrangement and presentation of all materials on this Site, including information in the public domain.  You agree not to copy, reproduce, republish, transmit, modify, or distribute any of the materials contained on the Site, except for your personal, noncommercial use, absent the written approval of i5 LLC. You may download and reprint Content for non-commercial, non-public, personal use only. If you are browsing this Site as an employee or member of any business or organization, you may download and reprint Content only for educational or other non-commercial purposes within your business or organization, except as otherwise permitted by i5 LLC.

Links to Third-Party Web Sites. If you use any links on the Site to websites not maintained by i5 LLC, you will leave i5 LLC’s Site.  The linked sites are not under the control of the Company and the Company is not responsible for the contents of any linked site. The Company provides these links to you only as a convenience. The inclusion of any link does not imply recommendation, approval or endorsement by the Company of the site.

Downloading Files. Any software or document that is made available to download from the Services (“Download”) is the copyrighted work of i5 LLC and/or its suppliers. Use of the Download is governed by the terms of this Agreement, or by an end user license agreement, if any, which accompanies or is included with the Download (“License Agreement”). Third party scripts or code, linked to or referenced from this website, are licensed to you by the third parties that own such code, not by the Company. Without limiting the foregoing, copying or reproduction of the download to any other server or location for further reproduction or redistribution is expressly prohibited, unless such reproduction or redistribution is expressly permitted by a license agreement accompanying such download.

Disclaimer of warranties. i5 LLC makes no express or implied warranties, representations or endorsements whatsoever with respect to the site, the service or the content. i5 LLC expressly disclaims all warranties of any kind, express, implied, statutory or otherwise, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, with regard to the site, the service, the content, and any product or service furnished or to be furnished via the site. i5 LLC does not warrant that the functions performed by the site or the service will be uninterrupted, timely, secure or error-free, or that defects in the site or the service will be corrected. i5 LLC does not warrant the accuracy or completeness of the content, or that any errors in the content will be corrected. The site, the service and the content are provided on an “as is” and “as available” basis. Except as warranted in a license agreement, i5 LLC hereby disclaims all warranties and conditions with regard to any download, including all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title, and non-infringement.

Limitation of Liability. IN NO EVENT WILL I5 LLC be liable for any loss or injury, or any damages, whether direct, special, indirect, punitive, incidental, exemplary, consequential or otherwise, resulting from your access or use of this site.  You hereby waive any and all such claims against i5 LLC, its partners, employees affiliates, and contributors.  You agree that the Site and its materials would not be provided to you absent such limitations.  Some state statutes may restrict this limitation of liability.

IF YOU ARE DISSATISFIED WITH ANYTHING ON OR RELATED TO THE SITE, SUCH AS THE SERVICE, THE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Privacy. Click to see I5 LLC’s Privacy Policy.

Additional Terms of Service. If you purchase any paid Service from i5 LLC, such purchases may be subject to the additional terms and conditions associated with such purchases, including an associated Member Contract.

Filtering.  Pursuant to 47 U.S.C. Section 230(d) as amended, i5 LLC notifies you that parental controls are commercially available that may assist in limiting access to material that is harmful to minors.  Information identifying current providers of such protections is available at:  http://kids.getnetwise.org/ and http://onguardonline.gov/.  The Company does not endorse any of the products or services listed at these sites.

Unsolicited Idea Submission Policy. Neither i5 LLC, nor any of its employees, accept or consider unsolicited ideas, including ideas for new advertising campaigns, services, processes, materials, marketing plans, marketing strategies, products or technologies, or product names. Please do not send any original creative artwork, samples, demos, or other works. The sole purpose of this policy is to avoid misunderstandings should i5 LLC’s business activities bear coincidental similarities with one or more of the many unsolicited ideas submitted to i5 LLC. Please do not send your unsolicited ideas to i5 LLC. If, in spite of our request you still send your ideas, then regardless of what your submission may say:

(a) your idea will automatically become the property of i5 LLC, without any compensation to you;

(b) i5 LLC will have no obligation to return your idea to you or respond to you in any way;

(c) i5 LLC will have no obligation to keep your idea confidential; and

(d) i5 LLC may use your idea for any lawful purpose whatsoever.

User Supplied Information. Any feedback you provide at this Site shall be deemed to be non-confidential. i5 LLC shall obtain the royalty-free, irrevocable, perpetual, worldwide right to use, distribute, display, and create derivative works from the feedback, without any restriction or responsibilities to you. By providing such feedback, you guarantee to us that you have the legal right to post said feedback and that it will not violate any law or rights of any person or entity.

Claims of Copyright Infringement. Pursuant to 17 U.S.C. Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider’s Designated Agent. i5 LLC’s policy is to take immediate action regarding allegations of copyright infringement reported to us in accordance with applicable law, including but not limited to the United States Digital Millennium Copyright Act (Details can be found at http://copyright.gov ). To report an infringement, you must submit a written notice containing the following:

(a) Identification of the copyrighted content alleged to be infringed upon in sufficient detail to specify the copyrighted work;

(b) Identification of content constituting copyright infringement, including the specific internet address of said content;

(c) Name, address, telephone number, and email address, to allow i5 LLC to contact you regarding the claim;

(d) A statement that you have a good faith belief that use of copyrighted content is unauthorized;

(e) A statement under the penalty of perjury that all information provided in such notice is accurate, and that you are either the owner of the allegedly infringed copyright, or a person authorized to act on the owner’s behalf.

(f) A physical or electronic signature of the copyright owner or a person authorized to act on behalf of the owner.

Choice of Law/ Forum. You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and of the State of Wisconsin without regard to its conflict of laws provisions. You agree to the personal jurisdiction of and venue in the state and federal courts in Dane County, Wisconsin, and waive any objection to such jurisdiction or venue.

General Provisions. Headings are inserted for reference and convenience only and in no way define, limit or describe the scope of this Agreement or intent of any provision. Wherever used herein, the singular will include the plural, the plural will include the singular, and pronouns will be read as masculine, feminine or neuter as the context requires. If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. Other than as provided in another agreement you enter into with the Company, i5 LLC will not accept any counter-offers to these Terms of Use, and all such offers are hereby rejected categorically. These Terms of Use constitute the entire agreement between you and i5 LLC with regard to your use of the Site, and any and all other written or oral agreements or understandings between you and i5 LLC with respect to such use are hereby superseded and canceled. Failure of i5 LLC to object to any provision contained herein, any purchase order or other communication, whether oral or written, from you will not be construed as a waiver of these Terms of Use, nor shall an acceptance by i5 LLC of any such provision. Any failure to enforce any provision of these Terms of Use by i5 LLC will not constitute or be construed as a waiver of such provision or of the right to enforce such provision. No waiver by i5 LLC of any condition or provision herein or therein will be considered a waiver of any other condition or provision herein or therein or of the same condition or provision at another time. No course of conduct between i5 LLC and you or any other party shall be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Claims made under separate terms and conditions are not subject to this limitation. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to all reasonable costs and attorneys’ fees. In the event of any controversy or dispute between the Company and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

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