Legal Terms and Conditions

Inatel.com, L.L.C. (“Logicware”), this Internet web site (the “Site”) any software obtained via this Site and the information and services related thereto (collectively, “Services”) are a proprietary service operated by Logicware for use by individuals and entities (“User”) authorized by Logicware. The following general terms and conditions (“Terms and Conditions”) govern your use of the Site, and your responsibilities as a User.

By accessing, viewing or using this Site and the Services, the User indicates that the User understands and intends the Terms and Conditions to be binding and that the User accepts such Terms and Conditions and agrees to be legally bound.

MODIFICATIONS TO THE SITE:

Logicware reserves the right to change the Terms and Conditions under which this Site and the information contained therein are extended to the User. The User’s continued use of this Site and the Services following such modification will be conclusively deemed acceptance of any changes to the Terms and Conditions.

INFORMATION ACCURACY:

Logicware neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statements made on the Site. Logicware uses best efforts to keep the information on the Site accurate, complete and current, however, Logicware and its information suppliers cannot guarantee, and will not be responsible for any damage or loss related to the accuracy, completeness or timeliness of the information. The Site contains information that is publicly available information as well as information provided by carriers, resellers and suppliers and therefore, Logicware does not represent, warrant or endorse the accuracy or reliability of any of the information, content or advertisements contained on, distributed through, or linked, downloaded or accessed from the Site, nor the quality of any products, services, information or other materials displayed, purchased or obtained by the User. User acknowledges that any reliance upon any information shall be at the User’s sole risk. All of the data on products and services, including but not limited to, the prices and the availability of any product or service should be verified with the company supplying the products or service and is subject to change without notice by the service providers.

COOKIES:

Cookies are small pieces of information that are stored by the User’s web browser software on the User’s computer hard drive or temporarily in the User’s computer’s memory. The use of cookies is now an industry standard, and Users will find them on most web sites. The Site may use “cookies” to track where you go on the Site, or to make it easier for the User to return on subsequent visits. If you do not want information collected via cookies, check your web browser preferences window for information on disabling this feature. Note, however, that deleting the cookie feature may make it impossible for Logicware to deliver, compile or track customized information on the User’s behalf.

INDEMNIFICATION:

User agrees to indemnify, defend and hold harmless Logicware, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees (of in-house and outside counsel) and litigation expenses, relating to or arising from the User’s use of the Site and Services or any breach by the User of this Agreement and/or the Terms and Conditions.

DISCLAIMER OF WARRANTIES:

THE SITE (INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION ACCESSED BY ANY MEANS THEREOF) IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, LOGICWARE DISCLAIMS ALL WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES OF NON-INFRINGEMENT.

THE ABOVE DISCLAIMER DOES NOT APPLY TO USERS IN JURISDICTIONS THAT DO NOT PERMIT THE WAIVER OF IMPLIED WARRANTIES.

DISCLAIMER OF LIABILITY:

IN NO EVENT SHALL LOGICWARE AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL AND/OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE OR RELATED WEB SITES, WITH THE DELAY OR INABILITY TO USE THE SITE, SOFTWARE OR RELATED WEB SITES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF LOGICWARE OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THEREFORE, THE ABOVE LIMITATION MAY NOT APPLY TO THE USER. IF THE USER IS DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS AND CONDITIONS, THE USER’S SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE, SOFTWARE AND ANY RELATED WEB SITES.

AVAILABILITY OF THE SITE:

The availability of the Site depends on many factors, including the User’s connection to the Internet, the availability of the Internet and the Internet backbone, and equipment that, by its nature, is not fault tolerant.

COPYRIGHT:

All content included on the Site is the property of Logicware or its content suppliers and protected by United States and International copyright laws. The compilation of all content on the Site is the exclusive property of Logicware and protected by United States and International copyright laws. All Software used on the Site is the property of Logicware and is protected by United States and International copyright laws. Any reproduction, modification, distribution, transmission, republication, display or performance of the content of the Site is strictly prohibited. Other product and company names mentioned herein may be the proprietary information of other owners.

LINKS TO OTHER SITES:

Logicware may provide links to other sites for your convenience in locating related information and services. These sites are maintained by third parties which Logicware exercises no control and the sites have not necessarily been reviewed by Logicware. Accordingly, Logicware expressly disclaims any responsibility for the content and/or accuracy of the information, and/or quality of products or services provided by or advertised on the third party web sites.

ASSUMPTION OF THE RISKS:

The User assumes total responsibility and risk for use of this Site, the Services provided herein and the Internet. Logicware does not make any express or implied warranties, representations or endorsements (including without limitation warranties of title or noninfringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the Site, any information or service provided through the Site or on the Internet, and Logicware shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. The Site and any software made available on the Site are provided on an “as is, as available” basis.

CONDUCT:

As a condition of User’s use of the Site, User warrants that User will not use the Site or any software provided therein, for any purpose that is unlawful or prohibited by these Terms and Conditions. Further, User may not interfere with other Users of the Site and/or the software.

PASSWORD POLICY:

User’s use of certain portions of the Site may require a password. Anyone with knowledge of the User’s password can gain access to the restricted portions of the Site and the information available. Accordingly, it is the User’s responsibility to maintain the secrecy of the User’s password.

By agreeing to these Terms and Conditions, you agree to be solely responsible for the confidentiality and use of your respective password, as well as for any communications entered through the Site using your password. The User shall immediately notify Logicware if the User becomes aware of any loss or theft of the User’s password or any unauthorized use of the User’s password.

MISCELLANEOUS:

This Agreement shall be governed by and is in accordance with the laws of the State of Florida without giving effect to any principles of conflicts of laws. User agrees that any legal action or proceeding between Logicware and User, for any purpose concerning this Agreement or the parties’ obligations hereunder, shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Miami-Dade County, Florida. This section shall survive any termination of this Agreement.

No waiver by Logicware of any right under these Terms and Conditions will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.

Logicware shall not be liable in any amount for failure to perform any obligation under this Agreement if such failure is caused by the occurrence beyond the reasonable control of any party including without limitation, Internet outages, communications outages, earthquake, flood, war, fire, act of God, or any acts of governmental bodies or authorities.

No joint venture, partnership, employment, or agency relationship exists between the User and Logicware as a result of this Agreement or your utilization of this Site.

This Agreement constitutes the entire agreement between User and Logicware with respect to the use of and material and information available on or through this Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between User and Logicware with respect to this Site.

In the event that a portion of this Agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties, and the remainder of the provisions will remain in full force and effect.

USER INDICATES ITS ACKNOWLEDGEMENT, UNDERSTANDING AND ACCEPTANCE OF THESE TERMS AND CONDITIONS OR BY RECEIVING AND USING THE LOGICWARE SERVICES AND THEREFORE AGREES TO BE BOUND BY THIS LOGICWARE USER AGREEMENT.