Terms of Service

Last Updated: February 27, 2024

Grant. Subject to and conditioned on your compliance with this TOS, Insiteflow hereby grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable license solely to use the Services only for your personal, non-commercial use. Your access to and use of the Services must further comply in all material respects with all usage guidelines posted by Insiteflow.

Mobile Apps. Insiteflow may make available mobile software applications for access to and use of certain components of the Services (collectively, “Mobile Apps”). Your access to and use of Mobile Apps is subject to and governed by this TOS. If any Mobile App is downloaded by you from the iTunes App Store, Windows Phone Store, Amazon Appstore, Google Play or any similar service (an “App Store”), your use of such Mobile App is further subject to your compliance in all material respects with the terms and conditions of the applicable usage rules set forth by such App Store. This TOS is between you and The Standard only, and not with the proprietor of any App Store (a “Third Party Proprietor”), and no Third Party Proprietor is responsible for Mobile Apps and the contents thereof; however, any Third Party Proprietor and its subsidiaries are third-party beneficiaries of this TOS with respect to Mobile Apps.

Trademarks.  You may not use the Insiteflow names, brands, trademarks, service marks or logos that Insiteflow makes available on the Services (“Marks”). Insiteflow claims trademark protection over all such Marks and you will not use the Marks except as expressly authorized herein. You will not remove or alter the Marks or any proprietary notices on the Services. The Marks may not be included in or as part of any registered corporate name, any other logo, or service or product name.  You may not create any derivative works of the Marks or use the Marks in a manner that creates or reasonably implies an inaccurate sense of endorsement, sponsorship, or association with Insiteflow.  You will not otherwise use business names or logos in a manner that can mislead, confuse, or deceive any third party. All use of the Marks and all goodwill arising out of such use, will inure to Insiteflow’s benefit.

OWNERSHIP OF CONTENT

All pages found within the Insiteflow’s Websites; past, present, and future versions (hereinafter, the “Site”); the material and information on the Site; all graphics, text, images, audio, videos, webinars, designs, compilation, advertising copy, articles, user interfaces, artwork, any computer applications, any and all copyrightable material (including source and object code) and all other materials, including without limitations the design, structure, “look and feel” and arrangement of such content contained on the Site (hereinafter, the “Content”); trade names, trademarks, service marks, logos, domain names, and other distinctive brand elements, whether registered or not are owned, controlled or licensed by or to Insiteflow, and are protected by intellectual property laws (hereinafter, the “Intellectual Property laws”), including but not limited to copyright, trademark, trade dress, domain name, patent, trade secret, international treaties and other proprietary rights and unfair competition laws.

In using the Site or the Content, you acknowledge and agree to abide by all applicable Intellectual Property laws, as well as any specific notices contained on the Site. All rights not expressly granted are reserved. The Site and the Content may not be copied, reproduced, modified, adapted, translated, transmitted, displayed, published, posted, resold, or otherwise distributed in any way, without Insiteflow’ express prior written authorization. You are granted permission to display on your computer, print and download the Content on the Site solely for your own personal, non-commercial and educational use. You must retain copyright and other notices on any copies of the Content you make. Your use of those materials is governed by the individual applicable license. Unauthorized use of the Site or the Content contained on or available through the Site or any linked websites may violate applicable Intellectual Property laws or other laws.

PRIVACY POLICY

In addition to this TOS, the Insiteflow Privacy Statement at https://insiteflow.com/privacy-policy (“Privacy Policy”) applies to how Insiteflow may process provided as part of the Services. You acknowledge and agree that by accessing or using the Services, Insiteflow may receive certain information about you, including personal data, as set forth in the Privacy Policy, and Insiteflow may collect, use, disclose, store, share, and process such personal data in accordance with such Privacy Policy.

CONTENT YOU SUBMIT

Online channels including blogs, community forums, chat rooms and other content and discussion sites and applications (hereinafter, the “Online Channels”) may be made available to you, our customers and other users. You acknowledge and agree, that as to any content you, as a user, may submit via the Online Channels become public information and it shall be deemed to be provided on a non-confidential basis, except for resumes submitted solely for consideration for employment with Insiteflow which may be shared with Insiteflow on a “need to know” basis. You should always use caution when submitting personal identifiable information or Electronic Protected Health Data about yourself or third parties in any Online Channels. Insiteflow is free to use or disseminate such contributed content on an unrestricted basis for any purpose, and you grant Insiteflow an irrevocable, worldwide, perpetual, royalty-free license to use, reproduce, modify, adapt, incorporate, transmit, display, publish, post, resell and otherwise distribute such submission and contributed content (including, without limitation, creative ideas, suggestions, materials, names, voices, likeness and other personal identifiable information contained in your submission) in any form and media now known or which shall become known in the future for any purposes whatsoever, including without limitation, using such information, ideas, inventions and creative ideas for development, marketing and promotional purposes, without any notice or compensation to you. Insiteflow does its best to respond to all email inquiries or contact form requests in a timely manner. Depending on the volume of emails we are receiving, we may not be able to respond to an email in a period of time that meets your needs, if at all. Insiteflow is under no obligation to use the contributed content and your submissions and may remove any such content or submission at any time at its sole discretion. Insiteflow reserves the right to terminate your access to Online Channels at any time, without notice, for any reason whatsoever. You represent and warrant that you own or otherwise have permission to submit any such materials and grant Insiteflow the rights described herein.

NO UNLAWFUL OR PROHIBITED USE

You agree not to upload, post or otherwise transmit via the Online Channels or in your use of the Services any content that: (i) is misleading, harmful, threatening, abusive, harassing, defamatory, offensive, violent, obscene, pornographic, vulgar, libelous, racially, ethnically, religiously or otherwise objectionable; (ii) constitutes unauthorized disclosure of personal or confidential information; (iii) infringes any patent, trademark, trade secret, publicity right, privacy right, copyright or other intellectual property or any rights of any party; or (iv) contains viruses, Trojan horses, Worms, corrupted files or code, files and programs designed to impede or destroy the functionality of any computer software or hardware; spyware and malware designed for phishing and with a view to compromise the data security and integrity, and obtain sensitive personal or financial information. You also agree not to use the Services or Online Channels to: (1) impersonate an employee or a representative of Insiteflow, its divisions and subsidiaries; (2) misrepresent your identity or affiliation with a person or entity; (3) send bulk mail, spam, “chain letters” and other unsolicited and unauthorized communication; (4) attempt to gain unauthorized access to any portion or feature of the Services or any other system or networks connected to the Services or any other services offered through the Services, and/or other accounts not belonging to you, or violate security of any portion of the Services, by hacking, password mining or any other means; (5) obtain or attempt to obtain any information, materials or documents not purposely made available through the Services or Online Channels through any means; (6) attempt to interfere with the proper working of the Services or any transaction being conducted on the Services or to restrict or inhibit any other user from accessing or using the Services, by means of hacking or defacing any portion of the Site; (7) violate any applicable local, state, national or international law, including without limitation regulations by the U.S. Securities and Exchange Commission, and the Office of Foreign Assets Control; (8) use, reproduce, modify, adapt, create derivative works from, sublicense, publicly perform, publicly display, distribute, sell, lease, rent, make, have made, assign, pledge, transfer or otherwise grant rights to the Services, except as expressly permitted under this TOS; (9) reverse engineer, disassemble, decompile, translate, or otherwise attempt to derive trade secrets, algorithms, or the source code, architectural framework, or data records, within or associated with the Services; or (10) provide use of the Services on a service bureau, rental or managed services basis, provide or permit other individuals or entities to create Internet “links” to the Services or “frame” or “mirror” the Services on any other server, or wireless or Internet-based device.

Insiteflow’s failure to enforce any of these restrictions or guidelines shall not act as a waiver for any future enforcement, will not be considered a breach of this TOS by Insiteflow, and does not create a private right of action for any other party.

FORWARD-LOOKING STATEMENTS

All statements on the Services other than statements of historical fact are statements that could be deemed forward-looking statements, including, but not limited to, any projections of financial information; any statements about historical results that may suggest trends for our business; any statements about operational improvements or third party data that may suggest trends for our business or industry; any statements of the plans, strategies, and objectives of Insiteflow for future operations or service offerings; any statements of expectation or belief regarding future events, potential markets or market size; technology developments; and any statements of assumptions underlying any of the items mentioned. Risks, uncertainties and assumptions include the possibility that expected benefits from our operational improvements or service offerings may not materialize. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties that involve risks, many of which are beyond our control and not guarantees of future performance. If such risks or uncertainties materialize or such assumptions prove incorrect, the results of Insiteflow could differ materially from our current expectations as a result of many factors, including but not limited to: the unpredictable nature of our rapidly evolving market and quarterly fluctuations in our business; the effects of competition; and any adverse changes in our indirect channel relationships. Except as required by law, Insiteflow assumes no obligation to update these forward-looking statements publicly, or to update the reasons actual results could differ materially from those anticipated in these forward-looking statements, even if new information becomes available in the future.

DISCLAIMER OF WARRANTIES

YOUR USE OF AND ACCESS TO THE SERVICES, ONLINE CHANNELS AND CONTENT POSTED BY INSITEFLOW, ITS DIVISIONS, SUBSIDIARIES OR USER GENERATED CONTENT POSTED BY THIRD PARTIES IS AT YOUR SOLE RISK. THE SERVICES, ONLINE CHANNELS AND CONTENT ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY ON AN “AS IS” AND “AS AVAILBALE” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. INSITEFLOW MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE CONTENT. INSITEFLOW FURTHER MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT THE QUALITY AND RELIABILITY OF ANY INFORMATION, AND HOSTING SERVICES OBTAINED FROM THE SERVICES, ONLINE CHANNELS AND/OR CONTENT WILL MEET YOUR EXPECTATIONS AND REQUIREMENTS, BE VIRUS-FREE, OR PERFORM ERROR- AND DAMAGE-FREE. YOU ASSUME ALL RISK AND RESPONSIBILITY FOR ANY LOSS OR DAMAGE WHATSOEVER TO YOUR COMPUTER SYSTEM, DATA AND BUSINESS ARISING OUT OF YOUR USE OF THE SERVICES, ONLINE CHANNELS AND/OR CONTENT.

THIS DISCLAIMER OF WARRANTY MAY NOT BE VALID IN SOME JURISDICTIONS AND YOU MAY HAVE WARRANTY RIGHTS UNDER LAW WHICH MAY NOT BE WAIVED OR DISCLAIMED.  ANY SUCH WARRANTY EXTENDS ONLY FOR THIRTY (30) DAYS FROM THE EFFECTIVE DATE OF THIS AGREEMENT (UNLESS SUCH LAW PROVIDES OTHERWISE).

LINKS TO THIRD PARTY WEBSITES

The Services may contain links and references to non-Insiteflow websites and resources (hereinafter, “Linked Websites”) and are provided for convenience only. If you decide to leave the Services and access Linked Websites, you do so at your own risk and Insiteflow will have no liability arising out of or related to such Linked Websites and/or their content or any damages or loss caused or alleged to be caused by or in connection of any purchase or use of any such content, goods or services available on or through any such Linked Website. You acknowledge that different terms of use and privacy policies may apply to your use of such Linked Websites and that such terms and policies are solely between you and the advertiser or other third party.  Insiteflow has not reviewed the Linked Websites and we are not responsible for the content, accuracy or opinions expressed on these websites. Inclusion of these links on the Services does not apply approval or endorsement by Insiteflow of the Linked Websites, their entities or products and services.

LIMITATION OF LIABILITY

You expressly understand and agree that Insiteflow and any contributor to the user generated content via Online Channels SHALL NOT BE LIABLE to you for:

1) ANY LOSS OR DAMAGE WHICH YOU MAY INCUR, INCLUDING WITHOUT LIMITATION AS A RESULT OF ANY RELIANCE PLACED BY YOU ON THE ACCURACY, COMPLETENESS OR SUITABILITY OF THE CONTENT, OR ANY CHANGES INSITEFLOW AND INSITEFLOW LICENSORS MAY MAKE TO THE SERVICES, ONLINE CHANNELS AND CONTENT, OR ANY TEMPORARY INTERRUPTION OR PERMANENT CESSATION IN THE PROVISION OF THE ONLINE CHANNELS AND CONTENT, OR, IF APPLICABLE, YOUR FAILURE TO SAFEGUARD YOUR ACCOUNT DETAILS OR PASSWORDS.

2) TO THE FULL EXTENT PERMITTED BY LAW, INSITEFLOW AND INSITEFLOW LICENSORS ARE NOT LIABLE FOR ANY LOST PROFITS, LOSS OF DATA OR GOODWILL, OR COST OF COVER, OR FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING DAMAGES ARISING FROM ANY TYPE OR MANNER OF COMMERCIAL, BUSINESS, OR FINANCIAL LOSS, EVEN IF INSITEFLOW OR INSITEFLOW LICENSORS HAD ACTUAL OR CONSTRUCTIVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE. IN NO EVENT SHALL CLIENT PARTIES’ TOTAL LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR RELATED TO THIS TOS, YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICES, ONLINE CHANNELS AND CONTENT EXCEED THE AMOUNT PAID BY YOU TO INSITEFLOW FOR ACCESS TO THE SERVICES WITHIN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE APPLICABLE CLAIM(S) AROSE.

3) THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY REGARDLESS OF WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.  INSOFAR AS APPLICABLE LAW PROHIBITS ANY LIMITATION ON LIABILITY HEREIN, THE PARTIES AGREE THAT SUCH LIMITATION WILL BE AUTOMATICALLY MODIFIED, BUT ONLY TO THE EXTENT SO AS TO MAKE THE LIMITATION COMPLIANT WITH APPLICABLE LAW.  THE PARTIES AGREE THAT THE LIMITATIONS ON LIABILITIES SET FORTH HEREIN ARE AGREED ALLOCATIONS OF RISK AND SUCH LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

INDEMNIFICATION

You agree to indemnify and hold Insiteflow, its subsidiaries, affiliates, shareholders, officers, directors, agents, employees and representative and Insiteflow Licensors, their subsidiaries, affiliates, shareholders, officers, directors, agents, employees and representatives harmless from any claims and demands, including reasonable attorneys’ fees, made by any third party arising from or relating to: (i) your use of and access to the Services, Online Channels and Content; (ii) content you submit, post, transmit or otherwise make available via the Site and Online Channels; (iii) your violation of this TOS or the Services specific Terms and Conditions. This indemnification obligation will survive the termination of your Insiteflow account or this TOS.

SUSPENSION AND TERMINATION

Either party may terminate this TOS at any time.

If you violate this TOS, Insiteflow may, with or without notice to you, immediately suspend or terminate your access and use of the Services, Online Channels and Content.

Insiteflow reserves the right at any time to modify, suspend, or discontinue the Services, Online Channels and Content (or any portion of the foregoing) with or without notice, and Insiteflow shall not be liable to you or any third party for any such modification or discontinuance;

Upon termination of this TOS for any reason: (i) Insiteflow, in its sole discretion, may remove and discard your content and information; (ii) you will immediately cease your use of the Services, Online Channels and Content; and (iii) any provision that, by its terms, is intended to survive the expiration or termination of this TOS shall survive such expiration or termination.  Further, you agree that that Insiteflow shall not be liable to you or any third party for any termination of your account or access to the Services, Online Channels and Content.

CALIFORNIA USERS AND RESIDENTS

In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting such unit in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

GENERAL

This TOS constitute the entire agreement between you and Insiteflow relating to your use of and accessing the Services, Online Channels and Content. It supersedes all prior and contemporaneous oral or written negotiations and agreements between you and Insiteflow with respect to such subject matter. In the event of any conflict between or among this TOS and any end user license agreement, privacy policy or usage guidelines to which this TOS refers, the terms and conditions of this TOS shall take precedence and govern.  This TOS may not be amended by you except in a writing executed by you and an authorized representative of Insiteflow. Except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this TOS. For the purposes of this TOS, the words “such as,” “include,” “includes” and “including” shall be deemed to be followed by the words “without limitation.” You may not assign or delegate any right or obligation under this TOS without the prior written consent of Insiteflow. The failure of Insiteflow to exercise or enforce any right or provision of this TOS shall not constitute a waiver of such right or provision. If any provision of this TOS is held to be invalid or unenforceable under applicable law, then such provision shall be construed, limited, modified or, if necessary, severed to the extent necessary to eliminate its invalidity or unenforceability, without in any way affecting the remaining parts of this TOS. Any prevention of or delay in performance by Insiteflow hereunder due to labor disputes, acts of god, failure of the Internet, governmental restrictions, enemy or hostile governmental action, fire or other casualty or other causes beyond its reasonable control shall excuse the performance of its obligations for a period equal to the duration of any such prevention or delay.  You may also be subject to Online Medium or Content specific terms of use. This TOS shall be governed by and construed and enforced in accordance with the laws of the State of Texas, without regard to conflict of laws principles. The parties agree that neither the United Nations Convention on Contracts for the International Sale of Goods, nor the Uniform Computer Information Transaction Act (UCITA) shall apply to this TOS, regardless of the states in which the parties do business or are incorporated. All health-related information contained within the Services is intended to be general in nature and should not be used as a substitute for a visit with a healthcare professional. We make every effort to make sure all information on the Services is factual. However, it is provided for your convenience and should not be considered official. To the extent applicable, the terms of use applies to any information Insiteflow may disseminate through any social media (e.g. LinkedIn, Facebook, Twitter, etc.).