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Terms & Conditions

INVISIBLE NORTH 

Website Terms of Use

Effective Date: These Terms of Use were last updated on May 3rd, 2023] (“Effective Date”).

This website is owned and operated by INCO, LLC (“Invisible North,” “we,” “us,” or “our”). These Terms of Use (the “Terms of Use”) contain the terms and provisions applicable to your access to and use of https://invisiblenorth.com/ (the “Website”). Your use of this Website is subject to these Terms of Use (and any other feature, content or application offered from time to time by the Website) and all applicable laws, rules and regulations. Please read these Terms of Use carefully and contact us with any questions. 

  1. Acceptance of the Terms of Use

By accessing this Website, you agree that you have read, understand and agree to be legally bound by the Terms of Use set forth herein. If you do not agree to be bound by these Terms of Use, do not access this Website. These Terms of Use may be modified, changed or altered by us at any time without prior notice.  Notwithstanding the foregoing, we will endeavor to notify you of any changes by posting such changes on the Website. You can review the most current version of these Terms of Use at any time at https://invisiblenorth.com/. In agreeing to these Terms of Use, you are responsible for periodically checking for changes and/or updates to these Terms of Use.  Your continued access of the Website conclusively demonstrates your acceptance of these Terms of Use, and your continued access of the Website after such changes are made conclusively demonstrates your acceptance of such changes.

  1. WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS. YOU AND INVISIBLE NORTH AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING WITHOUT LIMITATION FEDERAL OR STATE CLASS ACTIONS, OR CLASS ARBITRATIONS. CLASS ACTION LAWSUITS, CLASS-WIDE ARBITRATIONS, PRIVATE ATTORNEY-GENERAL ACTIONS, AND ANY OTHER PROCEEDING WHERE SOMEONE ACTS IN A REPRESENTATIVE CAPACITY ARE NOT ALLOWED. ACCORDINGLY, UNDER THE ARBITRATION PROCEDURES OUTLINED IN THIS SECTION, AN ARBITRATOR SHALL NOT COMBINE OR CONSOLIDATE MORE THAN ONE PARTY’S CLAIMS WITHOUT THE WRITTEN CONSENT OF ALL AFFECTED PARTIES TO AN ARBITRATION PROCEEDING.
  2. No Warranty

YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE CONTENT AND INFORMATION POSTED ON THE WEBSITE IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND.  TO THE FULLEST EXTENT PERMISSIBLE BY ANY LAW, WE DISCLAIM AND EXCLUDE ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS, INCLUDING ANY WARRANTIES AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE WEBSITE TO THE BROADEST EXTENT PERMITTED BY LAW.  TO THE FULLEST EXTENT PERMISSIBLE BY ANY LAW, WE MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO THE TIMELINESS, ACCURACY, QUALITY, COMPLETENESS OR EXISTENCE OF THE CONTENT AND INFORMATION POSTED ON THE WEBSITE.  TO THE FULLEST EXTENT PERMISSIBLE BY ANY LAW, WE MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, FOR TECHNICAL ACCESSIBILITY, FITNESS OR FLAWLESSNESS OF THE WEBSITE OR THAT YOUR USE OF CONTENT AND INFORMATION POSTED ON THIS WEBSITE WILL NOT INFRINGE RIGHTS OF THIRD PARTIES.  ANY MATERIAL OR SOFTWARE DOWNLOADED BY YOU FROM THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND WE WILL NOT BE RESPONSIBLE IN ANY WAY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. 
WE DISCLAIM ANY RESPONSIBILITY OR LIABILITY FOR ANY INFORMATION SUBMITTED BY THIRD PARTIES ON THIS WEBSITE, OR FOR ANY CLAIMS, DAMAGES OR LOSSES RESULTING FROM ITS USE.

  1. Authorized Use of the Website 

This Website is provided for your personal and non-commercial use and for informational purposes only. Any other use of the Website without our prior written consent is impermissible, in violation of these Terms of Use, and actionable. You may not otherwise copy, modify, or distribute the contents of this Website without our express written permission. You may not modify, publish, transmit, participate in the transfer or sell, create derivative works from, or in any way exploit, any of the content, in whole or in part, found on the Website.

  1. Unauthorized Use of the Website

You may not use spiders, robots, trojan horses, harmful or illegal code, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Website. Further, you may not use any such automated means to manipulate the Website, such as automating what are otherwise manual or one-off procedures. You may not take any action to disrupt the Website or any other user’s use of the Website, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the Website, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms of Use. You may not frame portions of the Website within another web site. You may not resell use of, or access to, the Website to any third party without our prior written consent.  

Unless otherwise expressly authorized in these Terms of Use or on the Website, you may not take any action to interfere with the Website or any other user’s use of the Website. Any unauthorized use or violation of these Terms of Use immediately and automatically terminates your right to use this Website and may subject you to legal liability.

  1. Third-Party Links; Advertising

The Website may provide you with links or other access to other websites, services, products or content of third parties.  Other websites may also reference or link to our Website.  We have no control over, nor do we endorse any, such websites, services, products or content. You acknowledge and agree that you access such third party websites, services, products or content at your own risk and are wholly responsible for making your own independent judgment regarding your use or interaction with the same.  We recommend you read the privacy and terms of use policies of each third party’s website that you access. 

  1. Privacy Policy

Please see our Privacy Policy at InvisibleNorth.com/policy  for additional details with respect to how we maintain and respect the privacy of your personal information.  You agree to our collection, use and sharing of your information as set forth in our Privacy Policy. 

  1. Compliance with Laws 

You agree not to use the Website for illegal purposes (including, without limitation, unlawful, harassing, libelous, invasion of another’s privacy, abusive, threatening or obscene purposes). You agree that you will comply with all laws, rules and regulations related to your use of the Website. 

  1. Content

We do not guarantee the accuracy, completeness or usefulness of any content on this Website. Furthermore, we do not endorse, nor are we responsible for, the accuracy and reliability of any opinion, advice or statement made on the Website by any third party. 

  1. Limitation of Liability; Indemnification

Any liability on our part for damages or injury due to or in connection with accessing and/or making use of the Website is excluded to the broadest extent permitted by law.  Under no circumstances shall we have any liability for any incidental, indirect or consequential damages, loss of profit, anticipated savings, loss of data, business interruption, loss of goodwill, claims of third parties, delay damage or punitive damages that result from the use of, or inability to use, the materials on the Website, even if there is negligence or we (or one of our authorized representatives) have been advised of the possibility of such damages, or both.  Notwithstanding the foregoing, if we are found to be liable to you for any damage or loss which arises out of or is in any connected with your use of the Website or any content contained therein, our liability shall in no event exceed US $5.00.

You agree to protect and fully indemnify us (and/or our parent, subsidiaries and other affiliated companies and each of our respective employees, officers and directors) from and against any and all third-party claims, liability, damages, expenses and costs (including, without limitation, reasonable attorneys’ fees) arising from your use of the Website and/or any breach or violation of these Terms of Use by you or any other user of your account (whether or not authorized). 

  1. Changes to the Website and these Terms of Use

All information posted to this Website is subject to change without notice.  In addition, we reserve the right to make changes to these Terms of Use in any way, at any time, for any reason without prior notice.  You are bound by any such revisions and should therefore frequently visit this page to review the then current Terms of Use to which you are bound.   Your continued access of the Website after such changes conclusively demonstrates your acceptance of those changes.

  1. Intellectual Property Rights

You do not acquire any right, title or interest in any content on the Website by virtue of accessing the Website or making use of the permitted uses allowed under these Terms of Use.  All copyrights in the Website and content contained in the Website are owned or properly licensed by us.  No license to use or reproduce any logo or trademark included on the Website is granted to you by these Terms of Use or otherwise.  The trademarks, logos, service marks and business names displayed on the Website are protected, whether or not they are registered.  Any unauthorized use of content or information posted on the Website and any unauthorized reproduction, retransmission or other use of any part of the Website may infringe our, or third parties’ copyrights, trademarks, privacy, publicity or other rights.   Except as expressly set forth in these Terms of Use, no license is granted to you and no rights are conveyed by virtue of accessing or using the Website.  All rights not granted under these Terms of Use are reserved by us.  

  1. Digital Millennium Copyright Act (“DMCA”) Notice 

We are committed to complying with copyright and related laws, and we require all users of the Website to comply with these laws.  Accordingly, you may not store any material or content on, or disseminate any material or content over, the Website in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by copyright law. Owners of copyrighted works who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements.  It is our policy in accordance with the DMCA and other applicable laws to reserve the right to terminate the rights of any user to access the Website if any such user is either found to infringe third party copyright or other intellectual property rights, including repeat infringers, or who we believe, in our sole discretion, is infringing these rights.  Any user who feels that a posted message is objectionable or infringing is encouraged to contact us immediately.  If you believe that content on the Website infringes a copyright, you should provide us with written notice that at a minimum contains: 

1.An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. Identification  of the copyrighted work or other intellectual property that you claim has been infringed;
3.Identification  of where the material that you claim is infringing is located on the Website;
4.Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and email address;
5.A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
6. A statement by you, made under penalty of perjury, that the information contained in your report 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.

Our designated agent for notice of claims of copyright or other intellectual property infringement can be reached at Hello@InvisibleNorth.com 

  1. No Ideas Accepted

We do not accept any unsolicited ideas from outside the company including without limitation suggestions about advertising, promotion or merchandising of our products, additions to our product lines, services, or changes in methods of doing business.  We may already be working on or may in the future work on a similar idea. This policy eliminates concerns about ownership of such ideas. If, notwithstanding this policy, you submit an unsolicited idea to this Website, you understand and acknowledge that such idea is not submitted in confidence and we assume no obligation, expressed or implied, by considering it. You further understand that we shall exclusively own all known or hereafter existing rights to the idea everywhere in the world, and that such idea is hereby irrevocably assigned to us.  Without limiting the foregoing, to the extent any such assignment is deemed unenforceable, you hereby grant us an irrevocable, perpetual, world-wide license to use the idea in any manner, in any medium now known or hereafter developed, without compensation to you.  

  1. Waiver; Remedies

Our failure to partially or fully exercise any rights or our waiver of any breach of these Terms of Use by you shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms of Use.  Our rights and remedies under these Terms of Use and any other applicable agreement between you and us shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.

  1. Arbitration

Each party agrees that any and all disputes, controversies and claims relating in any way to the Website or these Terms of Use (including the arbitration of any claim or dispute and the enforceability of this paragraph) shall be submitted to and resolved by means of a confidential arbitration before a single arbitrator administered by the American Arbitration Association under its then current Commercial Arbitration Rules and conducted in in New York County, New York, USA.  The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an action involving any other current or former user of the Website, whether through class action proceedings or otherwise.  Notwithstanding the foregoing, we shall not be prohibited from initiating an action in court without proceeding to arbitration to collect unpaid fees or protect our intellectual property rights.

  1. Governing Law

The laws of the State of New York shall govern these Terms of Use.  YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN NEW YORK COUNTY, NEW YORK FOR ALL MATTERS ARISING IN CONNECTION WITH THESE TERMS OF USE OR YOUR ACCESS OR USE OF THE WEBSITE.

  1. International Access

Our Website is intended for use within the United States of America and all servers that make it available reside in the U.S.A.  The laws of other countries may differ regarding the access and use of the Website.  We make no representations regarding the legality of this Website in any other country and it is your responsibility to ensure that your use complies with all applicable laws outside of the U.S.A.  

  1. Miscellaneous

These Terms of Use and your account on the Website are personal to you and may not be transferred or assigned.  Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation this Paragraph 19. Our performance under these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by us with respect to such use.  If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect.  These Terms of Use, together with any additional terms and conditions or policies referred to and incorporated herein (including additional terms applicable to various parts of the Website), constitutes the entire understanding between you and us regarding the Website. A printed version of these Terms of Use and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. 

  1. Notices and Contact Information

We may give you notice of certain events from time to time and may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on the Website or (if we choose to do so in our sole discretion) delivering them to you through email if you have provided us with your accurate email address.

Questions:  Should you have any questions regarding these Terms of Use you may contact us at:  

 

Geoff Renaud

Hello@invisiblenorth.com