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1. General Scope and Acknowledgment
The materials, information, products, software, services, documentation, and any other content provided by Intelligible Holdings, LLC (“Company,” “we,” “us,” or “our”) through the website located at https://intelligibleharmonics.com (the “Site”), its related WebApp services (the “Services”), and any associated hardware devices (the “Products”) are provided “AS IS,” “AS AVAILABLE,” and with all faults.
By accessing or using the Site, Services, or Products, you irrevocably agree that your use is at your sole risk and that the Company makes no express or implied warranties of any kind regarding the accuracy, completeness, functionality, reliability, or suitability of any Materials.
2. Intellectual Property Ownership and Restrictions
All intellectual property (“IP”) rights in and to the Company’s technology, software, firmware, hardware designs, trademarks, trade names, trade secrets, patents (pending and granted), copyrights, domain names, data, content, algorithms, business methods, and all associated documentation are exclusively owned by Intelligible Holdings, LLC or its licensors.
No rights, title, or interest in any intellectual property is transferred, granted, or implied by your use of the Site, Services, or Products except as explicitly set forth in a fully executed, board-approved written agreement signed by at least two (2) members of the Company’s Board of Managers.
You shall not, under any circumstances:
• Copy, reproduce, modify, distribute, publicly display, create derivative works from, reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or trade secrets of any Company technology or Products;
•
Circumvent or attempt to circumvent any technological measures implemented to protect the Company’s IP;
• Use the Company’s intellectual property to develop, manufacture, market, or sell any competing product or service;
• Remove or alter any proprietary notices or labels on the Site, Services, or Products.
Unauthorized use or infringement will result in immediate injunctive relief, monetary damages, and criminal prosecution to the fullest extent permitted by law.
3. Hardware Products Leasing and Use Terms
All physical hardware devices distributed or made available by Intelligible Holdings, LLC are leased exclusively under strict contractual terms. No sale or transfer of ownership rights occurs.
Leasing and use of the Products require a valid, written lease agreement executed by at least two (2) members of the Company’s Board of Managers. Any oral or unsigned contracts are null and void.
You acknowledge that:
• You do not acquire ownership rights or title to any Product;
• All Products remain Company property and must be returned or otherwise handled as set forth in the applicable lease agreement;
• Unauthorized resale, subleasing, modification, or tampering with Products is strictly prohibited and grounds for immediate contract termination and legal action;
• The Company disclaims all warranties other than those expressly set forth in the lease agreement.
4. User Obligations and Compliance
By using the Site, Services, or Products, you agree to:
• Comply with all applicable federal, state, local, and international laws, including but not limited to export control, data privacy, intellectual property, and cybersecurity laws;
• Refrain from engaging in any activity that interferes with or disrupts the Site or Services, including denial of service attacks, data scraping, hacking, unauthorized access, or distribution of malware;
• Maintain the confidentiality of any proprietary or confidential information obtained from the Company;
• Cooperate fully with any Company investigations into security incidents, breaches, or misuse of intellectual property;
• Immediately report any known or suspected unauthorized use or security breaches;
• Use the Products and Services solely for lawful and authorized purposes and in accordance with all contractual obligations.
Failure to comply will result in suspension or termination of access and possible legal action.
5. Security and Data Protection
The Company employs industry-leading physical, technical, and administrative safeguards, including encryption in transit and at rest, multi-factor authentication, continuous monitoring, and strict access controls, to protect data and intellectual property.
Despite these measures, no security system is infallible. You acknowledge that the Company cannot guarantee absolute security.
In the event of a data breach involving personal or confidential information, the Company will comply with all applicable notification laws, including Oregon state data breach notification statutes and relevant international data protection laws such as GDPR.
6. Limitation of Liability and Disclaimer of Warranties
To the maximum extent permitted by law, the Company and its affiliates disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and uninterrupted availability.
The Company shall not be liable for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages arising from:
• Use or inability to use the Site, Services, or Products;
• Loss or corruption of data or IP;
• Unauthorized access or use of the Company’s systems or IP;
• Any breach of contract or statutory duty;
• Any damages arising from third-party interactions or content.
7. Indemnification
You agree to indemnify, defend, and hold harmless Intelligible Holdings, LLC, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising from your: • Breach of any term herein or other agreements with the Company; • Violation of applicable laws or third-party rights; • Unauthorized use or misuse of the Site, Services, or Products; • Negligent or willful misconduct.
8. Third-Party Services and Links
The Site or Services may incorporate third-party software, content, or links to third-party websites.
The Company does not endorse, guarantee, or assume responsibility for any third-party content or services, and you use such third-party services at your own risk.
9. Governing Law and Jurisdiction
This Disclaimer Notice and all related agreements shall be governed by and construed under the laws of the State of Oregon, USA, without regard to conflict of laws principles.
Any dispute arising hereunder shall be resolved exclusively in the state or federal courts located in Yamhill County, Oregon.
10. Amendments and Modifications
The Company reserves the right to modify or update this Disclaimer Notice at any time without prior notice.
Material changes will be posted on the Site with an updated effective date.
Your continued use of the Site, Services, or Products following any such changes constitutes your acceptance of the revised terms.
11. Entire Agreement and Severability
This Disclaimer Notice, together with any written agreements duly executed by authorized representatives of the Company, constitutes the entire agreement between you and the Company regarding the subject matter herein.
If any provision is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.
12. Contact Information
For questions or legal inquiries regarding this Disclaimer Notice, please contact:
Intelligible Holdings, LLC609 SW 7th StreetDundee, Oregon 97115USAEmail: legal@intelligibleharmonics.com