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Terms & Conditions
INTRODUCTIONThese terms and conditions apply to the Inspereza website located at www.inspereza.com and its subsidiaries and affiliates, including Inspereza's sites around the world (collectively the “Site”) and other websites that expressly incorporate these Conditions ("Conditions"). In some instances, a particular Inspereza product purchased through the Site may be subject to additional policies, guidelines, terms, and/or agreements ("Terms"). In the event that such Terms are inconsistent with these Conditions, the Terms shall govern. BY VISITING AND/OR USING THIS SITE IN ANY WAY, SUCH AS BROWSING PRODUCTS OR PLACING AN ORDER, YOU AGREE TO THESE TERMS AND CONDITIONS. Please read these Conditions carefully. If you do not wish to be bound by these Conditions, do not access or use the Inspereza Site.
CHANGE OF TERMS
Inspereza may, at its sole discretion, revise or add new terms to these Conditions from time to time without notice to you. Such revisions and additions shall be deemed effective immediately upon notice, which Inspereza may give by any means, including, without limitation, by posting the revised Conditions on the Inspereza Site. You are responsible for reviewing the Inspereza Site for any modifications to these Conditions that may affect your rights or obligations. Any change or modification will be effective immediately upon posting of the revisions on the Site. Any access or use by you of the Inspereza Site after changes to these Conditions will constitute your acceptance of the revised terms. If you do not agree to the amended terms, you must stop using the Site.
CONTENT
The Site and all content and other materials, including, without limitation, text, icons, graphics, logos, images, designs, pictures, selection, coordination, "look and feel", information, data, sound files, and other files and software is the proprietary property of Inspereza or its affiliates, licensors or users and is protected by United States and international trade dress, copyright laws, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Copyright in the documents and material on the Inspereza Site is owned by or licensed to Inspereza. You are authorized to use this material only for personal, non-commercial purposes. You may download, print, and store copies of this material for your own personal, non-commercial use. Nothing contained on the Inspereza Site should be construed as granting, by implication or otherwise, any license or right to use any trademark or service mark displayed on the Inspereza Site without the written permission of Inspereza or any third party that may own such trademarks or service marks. Inspereza will aggressively enforce its intellectual property rights to the fullest extent of the law.
TRADEMARKS
Inspereza, the Inspereza logos, and any other product or service name or slogan contained in our Site are trademarks of Inspereza and/or its licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Inspereza or the applicable trademark holder. You may not use any meta tags or any other "hidden text" utilizing "Inspereza” or any other name, trademark or product or service name of Inspereza without our prior written permission. All other trademarks, registered trademarks, product names and Inspereza names or logos mentioned in our Site are the property of their respective owners.
USE OF THE SITE
By accessing and using the Site, you are granted a personal, limited, non-sublicensable license to electronically copy (except where prohibited without a license) and print portions of the Site materials for your informational, non-commercial, and personal use only. This license is subject to the following Conditions. However, it does not include: (a) any resale or commercial use of our Site or the Site materials; (b) the collection and use of any product listings, pictures, or descriptions for commercial purposes; (c) the distribution, public performance, or public display of any Site materials; (d) modifying or making derivative uses of our Site and the Site materials; (e) using any automated means to access, monitor, or interact with any portion of our Site; (f) downloading (other than page caching) any portion of our Site or the Site materials; (g) causing pop-ups, pop-unders, exit windows, or any elements that inhibit the full display of our Site; (h) interfering with the normal operation of our sites; or (i) using our Site or the Site materials other than for their intended purpose. Unauthorized use without prior written permission of Inspereza may result in termination of the license and may violate applicable laws. This license is revocable at any time.
Additionally, when using our online shopping services, you agree not to: (a) use our sites, services, or tools if you are unable to form legally binding contracts, are under 18, or are suspended from using them; (b) post items in inappropriate categories; (c) collect users' personal information; (d) manipulate item prices or interfere with other users' listings; (f) post false, inaccurate, misleading, defamatory, or libelous content; (g) take actions that may damage the rating system. To complete the sign-up process, you must provide your full legal name, current address, a valid email address, and other necessary information. You must be 18 or older, responsible for securing your password, and liable for all activities under your account. Transmission of harmful code is strictly prohibited.
YOUR ACCOUNT AND ORDER
When you access or use the Inspereza website or your personalized Inspereza account, you are solely responsible for maintaining the confidentiality of your account and for restricting access to your computer. You are further responsible for all activities that occur under your personal account and your password. If you are under the age of 18 years old, you may use Inspereza.com only under the guidance and direction of a parent or guardian. Please note that Inspereza reserves the right, in its sole discretion, to refuse service, terminate accounts, remove or edit content or cancel orders.
In the case where a customer files a chargeback, Inspereza has the right to recover its direct and indirect costs, and cancel any promotional items, free shipping, or other benefits, as determined in Inspereza's sole and absolute discretion.
DIAMOND CERTIFICATES
When you order any diamond order over 1ct, Inspereza will ship it to you with the accompanying diamond certificate which is a diamond grading report. Customers that purchase lab grown diamonds with IGI grading reports also receive a hard copy of the report.
These grading reports are detailed documents created by diamond grading experts at highly-respected diamond laboratories. These diamond grading reports are extremely expensive to replace and as a result of this, Inspereza requires each diamond grading report to be included with each returned diamond. If you do not include the diamond grading report with your return, you will be charged a replacement fee of two hundred and fifty dollars ($250.00).
PASSAGE OF TITLE
Title for goods purchased passes from Inspereza to the purchaser’s designee at the time that goods are delivered to the designee.
ORDER APPROVAL AND CANCELLATION
Receipt of an order confirmation message from Inspereza only confirms that your order request has been received. Customer orders are not accepted by Inspereza until the time they have been processed and approved at our headquarters. Inspereza is not obligated to complete a customer order, and reserves the right to cancel products or services to any customer for any reason at any time. The customer's sole remedy in such cases will be the full refund of any funds that we have collected in reference to the canceled products and/or services.
PRIVACY
Please review our Privacy Policy, which also governs your visit to this site and for information on how Inspereza collects, uses and discloses personally identifiable information from its customers. Inspereza does reserve the right to cooperate with legitimate governmental requests, subpoenas or court orders, to protect Inspereza’s systems and customers, or to ensure the integrity and operation of Inspereza’s business and systems, and as such, Inspereza may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted User Content (as defined herein). Inspereza’s right to disclose any such information shall govern over any terms of Inspereza’s Privacy Policy.
REPEAT INFRINGER POLICY
In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, Inspereza has the sole discretion to terminate and bar specific website users or Inspereza account holders who under appropriate circumstances are determined to be repeat infringers. Inspereza further reserves the right to limit access to this website and/or terminate the account of any users whom Inspereza reasonably suspects to have infringed any intellectual property rights of others, whether or not there is any repeat infringement.
ADVERTISEMENTS AND PROMOTIONS
Inspereza may run advertisements and promotions from third parties on our website. These advertisements and promotions are conducted under the direction of the third party and Inspereza is not responsible or liable for any loss, damage or liability incurred by you as a result of any dealings with the third party provider or resulting from the presence of these unaffiliated third parties on our website. Any business transactions, correspondence with, participation in the promotions of, advertisers other than Inspereza and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party.
FEEDBACK AND SUBMISSIONS
You acknowledge and agree that any feedback or submissions, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding this website, Inspereza, or the Inspereza products or services that are provided by you to Inspereza in any form are not confidential and upon submission, shall become the sole property of Inspereza. Inspereza shall own exclusive rights, including all intellectual property rights to said feedback and submissions, and shall be entitled to the unrestricted use and dissemination of the feedback and submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You grant Inspereza and its sublicensees the right to use the name that you submit in connection with such content, if they so choose. You represent and warrant that (a) you own and control all of the rights to the content that you submit, or that you otherwise have the right to submit such content to this site; (b) the content is accurate and not misleading; and (c) use and posting of the content you supply will not and does not violate any rights of or cause injury to any person or entity.
SOCIAL MEDIA USER CONTENT
At times, Inspereza may reach out to social media users to seek their permission to feature our favorite content on our Site, social channels, or in promotional materials. Inspereza may request permission from you to use your social media User Content consisting of photos, text, graphics, audio, video, comments and other materials from social media sites, in connection with Inspereza’s business, product features, marketing, promotional, advertising and other consumer-related activities.
When you respond to a request for permission to use your social media User Content, you are granting Inspereza and its related agents, licensees, sublicensees, contractors, successors, legal representatives, assigns, and third-party service providers, and their respective retail partners, marketing or public relations agencies, and other affiliates (the “Licensed Parties”) a worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable, sublicensable right to use your social media User Content in any manner to be determined in the Licensed Parties’ sole discretion, including but not limited to on webpages and social media pages operated by the Licensed Parties, in promotional emails and advertisements, and in any and all other marketing, promotional and advertising initiatives, and in any media now or hereafter known. The Licensed Parties may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your social media User Content in any manner in their sole discretion, with no obligation to you whatsoever.
You are also granting the Licensed Parties the right to use your username, real name, image, likeness, descriptions of you, location or other identifying information, including but not limited to your voice, in connection with any use of your social media User Content.
You are also agreeing, representing and warranting that (i) you are solely responsible for your social media User Content, (ii) you own all rights in and to your social media User Content and/or have obtained appropriate rights and permissions from any and all other persons and/or entities who own, manage or otherwise claim any rights with respect to such social medial User Content, (iii) you are not a minor, (iv) the Licensed Parties’ use of your social media User Content as described herein will not violate the rights, including but not limited to copyright, trademark, patent, trade secret, privacy, publicity, moral, proprietary or other rights, of any third party, or any law, rule or regulation, and (v) the social media User Content is not libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive or otherwise unlawful.
Please note that the social media User Content that you submit is deemed non-confidential and the Licensed Parties have no obligation to maintain the confidentiality of any information, in whatever form, contained in any submission, except pursuant to the Licensed Parties’ respective privacy policies. By using this Site, you are consenting to the Licensed Parties’ collection of any personal information you provide for the Licensed Parties’ use and disclosure in connection with the use of your social media User Content as described herein. Your personal information may also be transferred to servers located outside the country in which you live or to third parties in other countries so that we may process personal information on the Licensed Parties behalf. By providing the Licensed Parties with personal information, you agree to the foregoing collection, use, disclosure, transfer and processing of your information in accordance with the terms of these Conditions, the Inspereza Privacy Policy and applicable data protection laws and regulations.
The Licensed Parties reserve the right to remove any social media User Content from the Site. If you believe any content, including social media User Content, residing on the Site infringes any person’s or entity’s copyright rights, please contact Inspereza.
PRODUCT REVIEWS AND USER CONTENT
Inspereza’s website and social media accounts include or may include in the future a product review feature, discussion forums, user generated content, or other areas or services in which you or a third party has the opportunity to create, post, or store content, messages, materials or other items on our website or social media accounts (“Interactive Areas”). You shall be solely responsible for your use of such Interactive Areas. By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through our website any of the following: (a) Any message, data, information, text, music, sound, photos, video, graphics, code or other material (“User Content”) that is or would reasonably be considered to be unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable; (b) User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or that would otherwise create liability or violate any local, state, national or international law, statute or regulation, including, but not limited to, the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ; (c) User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party; (d) User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; (e) Unsolicited promotions, political campaigning, advertising or solicitations; (f) Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers; (g) Viruses, corrupted data or other harmful, disruptive or destructive files; and (h) User Content that, in the sole judgment of Inspereza, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or our website, or which may expose Inspereza or its users to any harm or liability of any type.
If you post User Content to our website, email User Content to Inspereza, and/or provide Inspereza permission to use, repost, or otherwise share User Content you have created or shared on social media, you grant Inspereza a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. You further grant Inspereza and sublicensees the right to use the name that you submit in connection with such content, if they choose to do so. You represent and warrant that (a) you own and control all of the rights to the User Content or you otherwise have the right to such User Content; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Terms and Conditions and will not violate any rights of or cause injury to any person or entity.
Inspereza disclaims any responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor shall Inspereza be liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter as a result of said User Content posted. Your use of the Inspereza Interactive Areas is at your own risk. Inspereza is not liable for any statements, representations or User Content provided by its users in any public forum, personal home page or other Interactive Area. Additionally, Inspereza reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on our website at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on our website at your sole cost and expense.
Any use of the Interactive Areas or other portions of the Inspereza website in violation of the foregoing paragraph violates these Conditions and may result in termination or suspension of your rights to use the Interactive Areas and/or our website.
MARKETING COMMUNICATIONS VIA TEXT MESSAGE
ENROLLMENT
If you enroll in our text messaging program, you are providing your prior express written consent to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g., cart reminders and product discounts and other promotions) from Inspereza, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provide when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. If you do not agree to these text message terms, do not sign up for text messages. You acknowledge that you are at least eighteen years of age and you have the consent of the wireless account holder to sign up for text messages and pay for any related fees.
Message and data rates may apply. Please consult your mobile carrier plan to confirm applicable charges and other fees for sending and receiving text messages. In no event will Inspereza or its affiliates be responsible for any plan or other related charges incurred as a result of your enrollment in our text messaging program.
Message frequency will vary. While we anticipate sending between four and eight messages per month, Inspereza reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. Inspereza also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so. Not all mobile devices or handsets may be supported, and our messages may not be deliverable in all areas. Inspereza, its service providers used to provide the text messaging program, and the mobile carriers are not liable for delayed or undelivered messages. Delivery is subject to effective transmission from your network operator. You are responsible for updating your number with us and ensuring your account information is correct. Your carrier may restrict or prohibit certain mobile features and certain mobile features may be incompatible with your carrier or mobile device. Our text message program applies only to mobile devices registered in the United States and with United States carriers. Please review your wireless carrier’s policies and contact them if you have any questions.
CANCELLATION; HELP
You can opt out of receiving text messages from us at any time by texting the keyword “STOP”, “END”, “CANCEL”, “UNSUBSCRIBE” or “QUIT” to our shortcode. In response, you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include a “STOP”, “END”, “CANCEL”, “UNSUBSCRIBE” or “QUIT” keyword command and agree that Inspereza and its service providers used to provide the text messaging program will have no liability for failing to honor such requests.
If you change or deactivate your mobile number, please contact Inspereza so that we may update our records and discontinue sending messages to your previously opted-in number.
For help, or if at any time you forget what keywords are supported, text the keyword “HELP” to our shortcode, visit https://support.attentivemobile.com/help/ and submit the provided form, or email support@attentivemobile.com
PAYMENTS AND INVOICE PROCESSING
Inspereza.com holds the sole discretion to determine the terms of payment. In the absence of any specific agreement, payment must be received by Inspereza.com before the acceptance of an order. Unless credit terms have been agreed upon (subject to the discretion of BillMeLaterTM or other partners), payment for products is to be made by credit card, PayPal, or wire transfers, as available at the time of purchase.
Invoices are due and payable within the specified time period noted on your invoice, starting from the date of the invoice. It's important to note that orders may be invoiced separately. Inspereza.com reserves the discretion to cancel or deny orders. Additionally, Inspereza.com is not liable for pricing, typographical, or other errors in any product/offer, and retains the right to cancel any orders resulting from such errors. This section is established to ensure clarity on payment terms and processes related to invoicing.
REFUND POLICY
We offer a "no questions asked" refund policy for customers who have changed their mind about a particular purchase, subject to the following conditions:
- The goods must be returned to our offices via insured mail within 30 days of the original receipt.
- The goods should be in their original condition, without any wear or tear, and free from intentional damage.
- In the case of faulty goods, we will fulfill our obligations under applicable laws.
This refund policy is designed to provide clarity and transparency regarding the conditions under which refunds are applicable.
RISK OF LOSS
All items purchased from our website are shipped via regulated shippers, and they are covered by insurance until they are delivered to your designated location and signed for. This provision is in place to mitigate the risk of loss during the shipping process and ensures that items are protected until they reach the customer's possession.
INFORMATION ON OUR SITE
Inspereza is committed to providing accurate and up-to-date information on our web platforms, including our websites, email, chat, and telephone communications. However, we do not guarantee that the information is always correct, accurate, or complete. In rare cases, system and typographical errors may lead to the inaccurate display of data, including prices, on our Site. Such errors are not binding on Inspereza, and we reserve the right to correct them at any time. If an order is placed with a lower product's listed price than the actual price, we may, at our discretion, advise the customer before shipping or cancel the order and notify the customer of the cancellation. We apologize for any inconvenience this may cause.
Please note that information communicated by Inspereza is not a binding contract, and the sole remedy for a customer acting on incorrect information is to request a cancellation of the order. If an order has been shipped, the customer agrees to either return the product for full credit or pay the difference between the actual and charged prices, following our Return Policies.
Inspereza maintains a dynamic and high-volume inventory, and stock availability on our website is listed "as is" and is subject to change. If a product in an order is out of stock, we will promptly advise the customer with possible options. Product sizes and colors may appear differently due to variations in computer monitor settings, and compliance with industry standards allows for slight variations in carat total weight and gemstone measurements.
Inspereza retains full unrestricted rights to all jewelry designs, whether custom or standard, and may choose to market or sell jewelry based on such designs. Our product details and prices are subject to change without notice, and all prices are final and non-negotiable. In an effort to conserve natural resources and maintain high-quality standards, Inspereza does not allow the purchase of multiple pieces for comparison purposes.
Additionally, Inspereza and affiliated companies provide natural diamond origin information without any warranty. While reasonable efforts are made to ensure accuracy, there is no guarantee of the accuracy of diamond origin information. This limitation of liability extends to viewers, purchasers, and subsequent acquirers of Inspereza natural diamonds listed with origin. All representations, including those regarding gemstone origin, recycled content of precious metals, and estate information, are provided to the best of Inspereza's knowledge without guarantee or warranty.
Regarding pricing, the List Price displayed on our website is a comparative estimate, and we do not warrant the accuracy, completeness, reliability, currency, or error-free nature of product descriptions or other content on our site. If a product is not as described, it can be returned in unused condition for a full refund. In cases of mispriced items, we may contact you for instructions or cancel the order and notify you accordingly.
ACKNOWLEDGMENT OF RIGHTS
By using the site, you acknowledge that all rights, titles, and interests, including Intellectual Property Rights, are exclusively owned by Inspereza.com. You expressly understand and agree that you will not acquire any right, title, or interest in or to the Program, except as explicitly stated in this Agreement.
It is strictly prohibited to modify, adapt, translate, create derivative works from, decompile, reverse engineer, disassemble, or attempt to derive source code from any of our services, software, or documentation. You also agree not to create or attempt to create a substitute or similar service or product through the use of or access to the Program or any proprietary information related thereto. This acknowledgment is crucial to safeguarding the intellectual property and proprietary nature of our services.
FRAUD
Fraudulent activities are strictly monitored on our site. In the event that fraud has been detected, Inspereza.com reserves the right to employ all available remedies, and you will be held responsible for all costs and legal fees arising from these fraudulent activities. This provision is in place to protect the integrity of our platform and take necessary actions against fraudulent behavior.
DISCLAIMER OF WARRANTIES
The Site, the content contained therein and the products provided in connection therewith are provided on an 'as is' and 'as available' basis. Earth makes no representations or warranties of any kind, whether express or implied, as to the operation of the Site or the information, content, materials or products included on it. You expressly agree that your use of the Site is at your sole risk, by your own free will, and that you are solely responsible for any consequences arising from this use. Without limiting the foregoing, Inspereza disclaims all warranties, whether expressed or implied, including, but not limited to, implied warranties of merchantability and/or fitness for a particular purpose, title, and non-infringement as to the information, content, and materials on the Site. Inspereza does not warrant that the Site, its servers, or its electronic communication are accurate, reliable, complete, current or free of viruses or other harmful components.
LIMITATION OF LIABILITY
In no event shall Inspereza, its directors, members, employees, affiliates, or agents or any other party involved in creating, producing, or delivering the Inspereza products be liable to you or any third party for damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, special, punitive and consequential damages or other damages of any kind, including but not limited to loss of use, loss of profits, or loss of data, whether in contract, tort, or otherwise, including negligence, arising out of or in any way connected with or resulting from the use of our site, the products, the services or the content contained in or accessed through the Inspereza Site, or that results from the reliance by user on any information obtained from Inspereza, including any error or omission regarding listed diamond origin, any mistakes, omissions, interruptions, deletion of files or emails, errors, defects, viruses, delays in operation or transmission or any failure of performance of the Inspereza Site, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to Inspereza’s programs or services, even if Inspereza is expressly advised of the possibility of such damages, or even if the loss, damage or expense was caused by Inspereza, its directors, members, employees, affiliates or agents. in no event shall Inspereza's liability be greater than the price you paid for the product or service that is the basis for the claim.
Some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. It is your responsibility to check local laws for any restrictions or limitations regarding the exclusions of implied warranties.
Indemnification
You agree to defend, indemnify, and hold harmless Inspereza, its independent contractors, service providers and consultants, and its parents, affiliates, and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, expenses and costs (including without limitation reasonable attorneys' fees and court costs), arising out of or relating to your breach of these Conditions or your access to or use of the Inspereza Site or inability to use the Site, including without limitation any actual or threatened suit, demand or claim made against Inspereza and/or its independent contractors, service providers, employees, directors or consultants, arising out of or relating to the Content, your conduct, your violation of these Terms and Conditions or your violation of the rights of any third party.
LINKS TO OTHER SITES AND SERVICES
Links to other Internet sites and services operated by third parties, including Inspereza vendors, do not constitute sponsorship, endorsement, or approval by Inspereza of the content, policies, or practices of such linked sites or services. Inspereza is not responsible for the availability, content, security, policies, or practices of linked sites or services, including, without limitation, the accuracy of content on linked sites or services and the privacy policies and practices of linked sites and services.
TERMINATION
Notwithstanding any of these Conditions, Inspereza reserves the right, without notice and in its sole discretion, to terminate your license to use this site, and to block or prevent future access to and use of the Site.
DISPUTE RESOLUTION
You and Inspereza each acknowledge and agree that, for any dispute, claim, or controversy between us, whether related to Inspereza’s Site, products, services:
- You and Inspereza are each waiving the right to a trial by jury.
- Any litigation shall be conducted in our individual capacities, and not as a class action or other representative action.
- Any declaratory or injunctive relief may only be awarded on an individual basis and only to the extent necessary to provide relief warranted by the individual claims.
- You and Inspereza expressly waive any rights to file a class or representative action, or to seek relief on a class or representative basis. This means that you and Inspereza may not be plaintiffs or class members in any purported class, collective, or representative proceeding, and may each bring claims against the other only in your or its individual capacity.
- Notwithstanding the above, you and Inspereza each retain the right to participate in class-wide settlement of claims.
You and Inspereza each further acknowledge and agree that, if this Section or any portion of it is determined to be invalid, illegal or unenforceable, the remaining portions of this Section and these Conditions will not be affected or impaired, and shall be considered valid and enforceable, and therefore shall be enforced to the greatest extent allowed by law.
CONFIDENTIALITY
By using our website, you agree not to disclose any information obtained from us, our clients, advertisers, and suppliers. All information submitted by an end-user customer through any program or service provided by Inspereza.com is considered proprietary and confidential. You are strictly prohibited from reproducing, disseminating, selling, distributing, or commercially exploiting any proprietary information obtained through our website. This commitment to confidentiality extends to all user information submitted and is crucial to maintaining the integrity and trust of our platform.
NON-WAIVER
The failure of Inspereza.com to insist upon strict performance of any terms, conditions, and covenants outlined herein shall not be considered a relinquishment or waiver of any rights or remedy that we may have. It does not constitute a waiver of any subsequent breach of the terms, conditions, or covenants, which will remain in full force and effect.
No waiver by either party of any breach of any provision shall be construed as a waiver of any prior or subsequent breach of the same or any other provision. Both parties recognize that each instance of non-enforcement or non-insistence on strict performance does not diminish their rights, and all terms, conditions, and covenants remain valid and enforceable.
MISCELLANEOUS
These Conditions constitute the entire agreement between you and Inspereza regarding the subject matter herein and supersede all prior agreements. The failure of Inspereza to enforce any provision of these Conditions does not waive its right to later enforce that provision. No waiver of any breach is deemed a waiver of subsequent breaches. If any provision is declared invalid, illegal, or unenforceable, the remaining portions will remain valid and enforceable to the greatest extent allowed by law.
This Agreement is governed by the substantive laws of Delaware, without reference to conflict-of-laws principles. Any dispute arising out of this Agreement is irrevocably submitted to the exclusive jurisdiction of Delaware courts. The entire agreement is embodied in this document, and no other agreement binds the parties. Your rights cannot be assigned or transferred, and any attempt may result in termination without liability. Inspereza may assign this Agreement without notice.
In the event that any provision is found invalid or unenforceable, it shall apply to the maximum extent permitted by law, and the remainder of the agreement shall remain valid and enforceable. Provisions regarding rights and obligations after termination will survive any termination or expiration of these Conditions.
QUESTIONS
If you have any questions, please do not hesitate to contact us.
Terms and Conditions last updated on January 22, 2024.