Terms and Conditions
Welcome to the Insulation4less website (the “Site”), mobile application(s) (the “App”) and all affiliated content (collectively, “I4LESS”). This Terms and Conditions (this “Agreement”) is between You (hereinafter, “You”, “Your”, “User”) and I4LESS. By accessing and using I4LESS, its mobile applications, its website, and/or using the services or goods offered on or through I4LESS (the “Services”), You agree to this Agreement as it may be amended from time-to-time. Please read this Agreement carefully and keep a copy for Your reference.
NOTE: I4LESS MAINTAINS A ZERO TOLERANCE POLICY FOR OBJECTIONABLE CONTENT AND/OR ABUSIVE USERS ON ITS PLATFORMS AND/OR SERVICES. PLEASE READ SECTION 6.0.0 OF THIS AGREEMENT TITLED ‘PROHIBITED USE OF I4LESS SERVICES’ FOR MORE INFORMATION. IF YOU INTEND TO EXPLOIT OR ABUSE I4LESS SERVICES IN VIOLATION OF THIS AGREEMENT, THEN I4LESS KINDLY ASKS YOU TO REFRAIN FROM CREATING AN ACCOUNT WITH OR USING I4LESS SERVICES; OTHERWISE, YOU ARE KNOWINGLY VIOLATING THIS AGREEMENT WHICH MAY SUBJECT YOU TO ENFORCEMENT ACTION AND/OR LEGAL ACTION BY I4LESS AT ITS SOLE DISCRETION.
1.0.0 Purpose. The purpose of I4LESS is to provide a news and information sharing website and application which allows Users to broadcast news and events worldwide. The Website, all Services, and all Content (meaning all material on the Website or offered through the Services, including, without limitation, all images, text, audio, webinars, downloads, applications, articles, photographs, and their selection and arrangement) are provided for public use and accessibility to the Users.
2.0.0 Privacy Policy. Your use of I4LESS is subject to I4LESS’s Privacy Policy. Please review I4LESS’s Privacy Policy, which also governs the Site and the App and informs Users of our data collection practices.
3.0.0 Electronic Communications. Visiting the Site, using the App, or sending emails, data, or content to I4LESS constitutes electronic communications. By creating an account with I4LESS, You affirmatively consent to receive electronic communications and You agree that all agreements, notices, disclosures and other communications that we provide to You electronically, via email and on the Site or App, satisfy any legal requirement that such communications be in writing.
4.0.0 Creating Your Account. By creating an account with I4LESS, You affirmatively consent that if You use this site, You are responsible for maintaining the confidentiality of Your account and password and for restricting access to Your computer, and You agree to accept responsibility for all activities that occur under Your account or password. You may not assign or otherwise transfer Your account to any other person or entity. You acknowledge that I4LESS is not responsible for third party access to Your account that results from theft or misappropriation of Your account. I4LESS and its associates or affiliates reserve the right to refuse or cancel service terminate accounts, or remove or edit content in their sole discretion.
5.0.0 No Unlawful or Prohibited Use/Intellectual Property. You are granted a non-exclusive, non-transferable, revocable license to access and use the Site and the App and all offerings of I4LESS strictly in accordance with these terms of use. As a condition of Your use of the Site and the App, You warrant to I4LESS that You will not use the Site or the App for any purpose that is unlawful under the laws of Your jurisdiction or prohibited by these Terms. You may not use the Site or the App in any manner which could damage, disable, overburden, or impair the Site or the App or interfere with any other party’s use and enjoyment of the Site or the App. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site or the App. You may not provide false information when signing up for I4LESS and You may not use I4LESS in any way which invades others’ privacy including recording private interactions without the consent of all parties required under any applicable laws. All content, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, or the App, is the property of I4LESS and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. You will not attempt to/or modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site or the App. Such content is not for resale. Your use of the Site or the App does not entitle You to make any unauthorized use of any protected content, and in particular, You will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for Your personal use and will make no other use of the content without the express written permission of I4LESS and the copyright owner. You agree that You do not acquire any ownership rights in any protected content. I4LESS does not grant You any licenses, express or implied, to the intellectual property of I4LESS or their licensors except as expressly authorized by these Terms.
6.0.0 Prohibited Use of I4LESS Services. I4LESS maintains a zero-tolerance policy for any User postings, behavior, or actions that convey violence, harassment, and other behavior that discourage other Users from engaging in I4LESS’s Services. By creating an account with I4LESS, you expressly agree to abide by these terms of use and subject your content, profile, and postings to I4LESS enforcement action for violating this Agreement. For clarification or preapproval of any content postings, please email I4LESS at policy@insulation4less.com with the subject line “User Content Posting”. Therefore, You expressly agree to refrain from the following behavior so that other Users of I4LESS may freely engage in the use and enjoyment of I4LESS Services:
6.0.1 Sensitive Media, including Graphic Violence and Adult Content. You may not post any media content that contains graphic violence that is not for journalistic, documentary, or educational purposes, nor can You post any adult content that is pornographic in nature or intended to arouse other Users unless the adult content is journalistic, documentary, artistic, medical, health, or educational purposes. Furthermore, under no circumstances may You post any content that depicts violence, whether real or simulated, in association with sexual acts; any content that depicts excessively graphic or gruesome content related to death, violence or severe bodily harm, or sadistic purposes; and any content that contains hateful imagery, such as a logo, symbol, or image, with the intent to promote violence and hostility to other Users or people based on race, religion, disability, national origin, gender, or sexual orientation.
6.0.2 Violence/Abuse/Harassment. You may not engage in any targeted harassment of another User(s) or threaten violence against another User, person, or group of people, nor can you incite another person to do so. Furthermore, You may not encourage, promote, or glorify any acts of violence, such as those that express a will or intent to inflict death or great bodily harm toanother. This section further prohibits You from posting content that threatens or promotes terrorism or violent extremism, or promotes or supports groups and organizations that are knownto have a record of extreme violence and/or systematic hatred and violence towards particular persons.
6.0.3 Child Sexual Exploitation. I4LESS has zero tolerance for any postings that depict or promote child sexual exploitation.
6.0.4 Hateful Conduct. You may not promote violence against or directly attack or threaten other people or Users on the basis of race, ethnicity, national origin, caste, sexual orientation, gender, gender identity, religious affiliation, age, disability, or serious disease. We also do not allow accounts whose primary purpose is inciting harm towards others on the basis of these categories. You may not use hateful images or symbols in your profile image or profile header. You also may not use your username, display name, or profile bio to engage in abusive behavior, such as targeted harassment or expressing hate towards a person, group, or protected category.
6.0.5 Suicide or Self-Harm. You may not promote or encourage suicide or self-harm.
6.0.6 Illegal or Certain Regulated Goods or Services. You may not post any content that depicts illegal goods or services including counterfeit goods and services; drugs and controlled substances; human trafficking; sexual services; stolen goods; weapons; and products made from endangered species; unless such posting is for journalistic, documentary, or educational purposes.
6.0.7 Denying the Occurrence of an Event or Spoofing Geolocation. I4LESS only allows Users within a predetermined geographic location of a happened or witnessed event to report the occurrence of an event. I4LESS may verify that the event took place such. Any content posted with the intent to undermine the occurrence of the event or label the event as a ‘hoax’, ‘staged’, or having ‘paid actors’, will be considered abusive behavior. Furthermore, any spoofing or altering the geolocation of the User to allow the User to post about a witnessed event as if the User was in the location of the event or witnessed the event will be considered abusive behavior.
6.1.0 Enforcement. I4LESS’s goal is to provide a service where Users can record any witnessed event worth noting with photos and videos within a predetermined geographic location of the witnessed event without worrying about negative commentary and/or dissenting opinions.
I4LESS further provides Users with an investigative tool to aid in investigative journalism to find meaning and origins to unknown objects or pictures from anywhere in the world. Moreover, I4LESS provides a hyper-localized lost and found for its Users, beyond the neighborhood, and without the noise of social media and news feeds. Therefore, to protect I4LESS and its Users, I4LESS may take enforcement action, in its sole discretion, against a User for any objectionable behavior or actions under this Section. Such enforcement action may include, but is not limited to:
- Labeling a post that may contain disputed or misleading information;
- Limiting post visibility to other Users;
- Removing a post in its entirety;
- Temporarily hiding a post from public visibility while I4LESS reviews its content for a violation of this Agreement;
- Requiring media or profile edits;
- Placing an account on read-only mode, of which the User may not post content which is available to public view;
- Require verification of account ownership;
- Require verification of account geolocation with regards to a post; and/or
- Permanently suspend an account.
6.1.1 Factors to Determine Enforcement Action. Although I4LESS may in its sole discretion take any enforcement action that it deems necessary and proper in carrying out the terms of this Agreement, I4LESS may consider numerous factors in determining the severity of enforcement actions including, but not limited to:
- the behavior is directed at an individual, group, or protected category of people;
- the report has been filed by the target of the abuse or a bystander;
- the User has a history of violating our policies;
- the severity of the violation; and
- the content may be a topic of legitimate public interest.
6.1.2 Disputing an Enforcement Action. Any User may dispute an enforcement action taken by I4LESS by emailing I4LESS at policy@insulation4less.com having the subject of the email as “Dispute – Zero Tolerance” and the body of the email containing a brief description of the reasons why I4LESS should not take enforcement action or reduce the severity of the enforcement action. I4LESS may take any dispute into consideration at its sole discretion.
7.0.0 Children Under Thirteen. I4LESS does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If You are under 18, You may use the Site or the App only with permission and supervision of a parent or guardian. Please see Section 7.0.0 of the Privacy Policy for more information regarding the Children’s Online Privacy Protection Act.
8.0.0 Links to Third Party Sites/Third Party Services. The Site or App may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of I4LESS and I4LESS is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. I4LESS is providing these links to You only as a convenience, and the inclusion of any link does not imply endorsement by I4LESS of the site or any association with its operators. Certain services of I4LESS or made available via the Site or App are delivered by third party sites and organizations. By creating an account with I4LESS, You affirmatively consent that by using any product, service or functionality originating from the Site or App, that I4LESS may share such information and data with any third party with whom I4LESS has a contractual relationship to provide the requested product, service or functionality on behalf of its Users and customers. For more information regarding I4LESS’s use of Your information, please read the Privacy Policy.
9.0.0 International Users. The Service is controlled, operated and administered by I4LESS from our offices in the State of Florida, United States of America. If You access the Service from a location outside the USA, You are responsible for compliance with all national, state and local laws. You agree that You will not use the I4LESS content accessed through the Site or the App, or upload or publish content on the Site or the App, in any country or in any manner prohibited by any applicable laws, restrictions or regulations. For more information about I4LESS compliance with international data protection, privacy, and regulation laws please visit the Privacy Policy.
10.0.0 Copyright Infringement and Potential DMCA Violations. I4LESS values the copyright and other rights of all persons and legal entities. If You believe that any posting on the Site or the App by any User violates Your intellectual property rights, please notify I4LESS’s copyright agent. For Your complaint to be valid under the Digital Millennium Copyright Act (“DMCA”), You must provide the following information and verification:
- The electronic or physical signature of a natural person who is responsible for the complaint and is acting on behalf of the copyright owner;
- An identification of the Copyrighted Work that You content has been infringed;
- Identification of the allegedly infringing material including the name of the User who uploaded the allegedly infringing material, and the title of the upload, and the date and time uploaded;
- Information reasonably sufficient for I4LESS to contact You to discuss Your complaint, including a telephone number, physical address, and email address;
- A statement that You have a good faith belief that the use of the copyrighted material is not authorized by the copyright owner, any authorized agent, or applicable copyright law, including without limitation the “fair use” doctrine; and
- A statement under penalty of perjury that the above information is accurate and that You are the copyright owner or someone authorized to act on their behalf.
Submit to the following:
I4LESS
DMCA Agent
policy@insulation4less.com
NOTE: UNDER FEDERAL LAW YOU MAY BE LIABLE FOR KNOWINGLY MISREPRESENTING THAT ONLINE MATERIAL IS INFRINGING, WHICH LIABILITY INCLUDES POTENTIAL CRIMINAL CHARGES FOR PERJURY AS WELL AS CIVIL PENALTIES AND ATTORNEYS’ FEES. MISUSE OF THIS FEATURE MAY RESULT IN TERMINATION OF YOUR ACCOUNT.
10.1.0 Counter-Notification Response to DMCA Complaint. If You believe that any material You posted as a User has been wrongfully removed from the Site or the App, You may provide a written counter-notification under the DMCA which must include the following information:
- Your name, address, telephone number, and email address, if any;
- A description of the material removed and the location on the Site or the App or the title of the posting(s), and the time and date it was uploaded;
- A statement under penalty of perjury that You have a good faith belief that the material which was removed or disabled was removed or disabled as a result of a mistake or misidentification;
- A statement that You consent to the jurisdiction of the Federal District Court in which I4LESS is located, or in which You are located, or if You are located outside the United States, in any jurisdiction for which You may be legally served with process, and that You will accept service of process by the person making the original complaint or an agent of that person or entity; and
- Your electronic or physical signature.
11.0.0 User Rights in Content Uploaded or Streamed to Site or App. Nothing in these Terms interferes with Your ownership of all legal, non-infringing content uploaded by You as a User to I4LESS.
12.0.0 I4LESS and Other Users’ Limited License to Use or Comment. When You provide User Content to I4LESS through the Site or the App, You grant I4LESS a non-exclusive, universal, worldwide, royalty-free, sublicensable, transferable right and license to use, host, store, cache, reproduce, publish, display (publicly or otherwise), perform (publicly or otherwise), distribute, transmit, modify, adapt (including, without limitation, in order to conform it to the requirements of any networks, devices, services, or media through which the Site or App are available), and create derivative works of, such User Content. The rights You grant in this license are for the limited purposes of allowing I4LESS to operate the Site and the App in accordance with their functionality, improve and promote the Site and the App, and develop new features. The reference in this license to “creat[ing] derivative works” is not intended to give I4LESS a right to make substantive editorial changes or derivations, but does, for example, enable commenting or reposting by other Users to redistribute User Content from one User Account to another in a manner that allows them to add their own text or other User Content before or after Your User Content.
13.0.0 Indemnification. You agree to indemnify, defend and hold harmless I4LESS, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of Your use of or inability to use the Site, the App, or services, any User postings made by You, Your violation of any terms of this Agreement or Your violation of any rights of a third party, or Your violation of any applicable laws, rules or regulations. I4LESS reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will fully cooperate with I4LESS in asserting any available defenses.
14.0.0 Breach of Terms of Service. In any action, proceeding, or litigation relating to, connected with, or arising out of this Agreement, the prevailing party shall be entitled to reimbursement of its costs, including attorney’s fees, incurred through all trial, appellate, and post-judgment proceedings, if any. Should this agreement be breached by either party, said breaching party shall be given 7 calendar days to cure the breach of this agreement.
15.0.0 Arbitration. In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties in Florida. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. If any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims regarding these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
16.0.0 Class Action Waiver. Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both You and I4LESS agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
17.0.0 Liability Disclaimer. THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. I4LESS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE OR APP AT ANY TIME. I4LESS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE OR IN THE APP FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. I4LESS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL I4LESS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, 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 THE APP, WITH THE DELAY OR INABILITY TO USE THE SITE, THE APP, OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE OR THE APP, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF I4LESS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR THE APP, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND/OR THE APP.
18.0.0 Termination/Access Restriction. I4LESS reserves the right, in its sole discretion, to terminate Your access to the Site and the App and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Florida and You hereby consent to the exclusive jurisdiction and venue of courts in Florida in all disputes arising out of or relating to the use of the Site or the App. Use of the Site or the App is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. You agree that no joint venture, partnership, employment, or agency relationship exists between You and I4LESS resulting from this agreement or use of the Site or the App. I4LESS’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of I4LESS’s right to comply with governmental, court and law enforcement requests or requirements relating to Your use of the Site or the App or information provided to or gathered by I4LESS with respect to such use. If any part of this agreement 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 the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the User and I4LESS with respect to the Site and the App and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the User and I4LESS with respect to the Site and the App. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
19.0.0 Changes to Terms of this Agreement. I4LESS reserves the right, in its sole discretion, to change the Terms under which I4LESS’s materials and access to the Site and the App are offered. The most current version of the Terms will supersede all previous versions. I4LESS encourages You to periodically review the Terms to stay informed of our updates.
20.0.0 Contact Us. I4LESS welcomes Your questions or comments regarding these Terms and Condition at:
policy@insulation4less.com
Effective as of September 1, 2021