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ONLINE TERMS OF USE
THE TERMS AND CONDITIONS SET FORTH BELOW (THE "TERMS") GOVERN YOUR USE
OF THIS WEBSITE ON THE WORLD WIDE WEB (THE "SITE") OF INTERNET
INNOVATIONS (‘Internet Innovations”) AND ARE LEGALLY BINDING ON
YOU. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR
OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THE SITE. YOUR
USE OF THE SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF
THE TERMS SET FORTH BELOW. YOU AGREE THAT Internet Innovations AND ITS
LICENSORS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE PRODUCTS, SERVICES
AND PROGRAMS DESCRIBED IN OR OFFERED ON THIS SITE, IF ANY, AT ANY TIME
WITHOUT NOTICE, AND YOU FURTHER AGREE THAT Internet Innovations CAN
REVISE THESE TERMS AT ANY TIME WITHOUT NOTICE BY UPDATING THIS POSTING.
YOU AGREE THAT YOUR CONTINUED USE OF THE SITE AFTER SUCH MODIFICATIONS
HAVE BEEN POSTED CONSTITUTES YOUR ACCEPTANCE OF SUCH REVISED TERMS.
GENERAL USE RESTRICTIONS
All documents and other information provided on this Site, including
trademarks, logos, graphics and images (the "Materials") are provided to
you by Internet Innovations. Internet Innovations grants you the limited
right to display the Materials only on your personal computer, and to
copy and download the Materials on this Site, provided that: (1) both
the Internet Innovations copyright notice (set forth below) and this
permission notice appear in the Materials so displayed, copied or
downloaded; (2) such display, copy or download is solely for your
personal or internal informational use and is not to be distributed or
otherwise transmitted outside of your home or company, or otherwise
broadcast or reposted in any media. You acknowledge and agree that you
have no right to modify, edit, alter or enhance any of the Materials in
any manner. This limited license terminates automatically, without
notice to you, if you breach any of these Terms. Upon termination of
this limited license, you agree to immediately destroy any downloaded
and/or printed Materials. You acknowledge that, except as expressly
stated herein, you have no right, title or interest in or to the
Materials.
COMPUTER SOFTWARE
Any computer software which may be downloaded or is otherwise
available from the Site is licensed subject to the terms of its
associated license agreement only, unless expressly stated otherwise.
You will not be able to use, download or install any software unless you
agree to the terms of such license agreement. Except as expressly
permitted in the applicable license agreement, you may not use,
reproduce, record, publish, publicly exhibit or distribute any software
made available on the Site without Internet Innovation’s express prior
written consent. Internet Innovations and its licensors retain title to
any such software downloaded from the Site and you are granted only a
non-exclusive license to use such software in accordance with the
applicable license agreement. Such software is warranted, if at all,
only according to the terms of the license agreement. EXCEPT AS
EXPRESSLY WARRANTED IN THE ASSOCIATED LICENSE AGREEMENT, Internet
Innovations DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE
SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NO INFRINGEMENT.
Internet Innovations and its licensors reserve all other intellectual
property rights in and relating to such software.
THIRD PARTY CONTENT
Certain information and content may be provided by third parties to
Internet Innovations (“Third Party Content”). The Third Party Content
is, in each case, the copyrighted work of the creator/licensor. You
agree to only display the Third Party Content on your personal computer
solely for your personal or internal business use. You acknowledge and
agree that you have no right to download, cache or display any of the
Third Party Content except as set forth in this paragraph. You further
acknowledge and agree that you have no right to reproduce, modify, edit,
alter or enhance any of the Third Party Content in any manner.
NO FRAMING
You agree not to “frame” or “mirror” any Materials or Third Party
Content contained on or accessible from this Site on any other server or
Internet-based device without the advance written authorization of
Internet Innovations or its licensors, respectively.
LINKS TO THIRD PARTY WEBSITES
This Site may be linked to other websites on the World Wide Web or
Internet that are not under the control of or maintained by Internet
Innovations. Such links do not constitute an endorsement by Internet
Innovations of those websites. You acknowledge that Internet Innovations
is providing these links to you only as a convenience, and further agree
that Internet Innovations is not responsible for the content of such
websites. Your use of other websites is subject to the terms of use and
privacy policies located on the linked websites.
PASSWORD PROTECTED AREAS OF THE SITE
Certain areas of the Site are password restricted to registered
users (“Password Protected Areas”). If you are a registered user of the
Password Protected Areas, you agree that you are entirely responsible
for maintaining the confidentiality of your password. You agree that you
are entirely responsible for any and all activities which occur under
your account, including any fees which may be incurred under your
password-protected account, whether or not you are the individual who
undertakes such activities. You agree to immediately notify Internet
Innovations of any unauthorized use of your account or any other breach
of security in relation to the Site known to you.
PRIVACY POLICY
Your use of the Site is subject to and governed by the Internet
Innovations Privacy Policy that is available at
HERE.
SOFTWARE PURCHASES
Your online purchases of Internet Innovations products may or may
not be hosted and managed by third party providers. When you make online
purchases of Internet Innovations products our third party fulfillment
provider collects all information necessary to execute your order.
UNAUTHORIZED ACTIVITIES
You acknowledge that any unauthorized use of any Materials or Third
Party Content contained on this Site may violate copyright laws,
trademark laws, the laws of privacy and publicity, certain
communications statutes and regulations and other applicable laws and
regulations, and agree that you are wholly responsible for your actions
or the actions of any person using your email address or password. As
such, you agree to hold Internet Innovations entirely harmless from and
against any and all costs, damages, liabilities, and expenses (including
attorneys’ fees) incurred by Internet Innovations in relation to,
arising from or for the purpose of avoiding any claim or demand brought
by a third party that your use of the Site or the use of the Site by any
person using your password or email address violates any applicable law
or regulation, or the rights of any third party.
TRADEMARKS
Internet Innovations is a trademark of Internet Innovations in the
United States, Canada, and other countries. All other marks, names, and
logos mentioned herein are the property of their respective owners.
COPYRIGHT NOTICE
All information and screens appearing on this Site including
documents, products, software and services, graphics, text elements,
website design, logos, images, and icons, as well as the selection,
assembly, and arrangement thereof, are the sole property of Internet
Innovations, Copyright © Internet Innovations, unless otherwise
specified. All rights not expressly granted herein are reserved. Except
as otherwise required by applicable law, any reproduction, distribution,
modification, retransmission, or publication of any copyrighted material
is strictly prohibited without the express written consent of the
copyright owner.
COPYRIGHT AGENTS
Internet Innovations RESPECTS THE INTELLECTUAL PROPERTY OF OTHERS,
AND WE ASK OUR USERS TO DO THE SAME. IF YOU BELIEVE THAT YOUR WORK HAS
BEEN COPIED ON THE SITE IN A WAY THAT CONSTITUTES COPYRIGHT INFRINGEMENT
AND APPEARS ON OUR WEBSITE, PLEASE PROVIDE INTERNET INNOVATION’S
COPYRIGHT AGENT THE FOLLOWING INFORMATION:
(a) an electronic or physical signature of the person authorized to act
on behalf of the owner of the copyright interest;
(b) a description of the copyrighted work that you claim has been
infringed;
(c) a description of where the material that you claim is infringing is
located on the Site;
(d) your address, telephone number, and email address;
(e) a statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright owner, its agent, or the
law;
(f) a statement by you, made under penalty of perjury, that the above
information in your notice is accurate and that you are the copyright
owner or authorized to act on the copyright owner’s behalf.
DISCLAIMER OF WARRANTY
You acknowledge and agree that this Site may include certain errors,
omissions, outdated information which may affect the quality of the
Materials and the Third Party Content. You acknowledge that neither the
Materials nor the Third Party Content have been independently verified
or authenticated in whole or in part by Internet Innovations, and agree
that Internet Innovations does not warrant the accuracy or timeliness of
the Materials or the Third Party Content, and further agree that
Internet Innovations has no liability for any errors or omissions in the
Materials and the Third Party Content, whether provided by Internet
Innovations or its licensors.
Internet Innovations, FOR ITSELF AND EACH OF ITS LICENSORS, MAKES NO
REPRESENTATIONS, WARRANTIES, OR GUARANTEES AS TO THE QUALITY,
SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR
MATERIAL CONTAINED ON THE SITE, INCLUDING WITHOUT LIMITATION THE
MATERIALS AND THE THIRD PARTY CONTENT. UNLESS OTHERWISE EXPLICITLY
STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND
ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE IS PROVIDED TO YOU ON
AN "AS IS" AND “WHERE-IS” BASIS, AND IS FOR PERSONAL USE ONLY. ALL
CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED,
STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF TITLE,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT
OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED. LIMITATION OF LIABILITY TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Internet Innovations
SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR
ANY DAMAGES SUFFERED AS A RESULT OF YOUR USING, DISPLAYING, COPYING, OR
DOWNLOADING ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE. IN NO
EVENT SHALL Internet Innovations BE LIABLE TO YOU OR ANY THIRD PARTY FOR
ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL,
OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE
OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, WHETHER FOR BREACH OR IN
TORT, EVEN IF Internet Innovations HAS BEEN PREVIOUSLY ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE.
ADDITIONAL RIGHTS
Certain jurisdictions do not allow the exclusion of implied
warranties or limitation of liability for incidental or consequential
damages, so the exclusions set forth above may not apply to you.
LOCAL LAWS
Internet Innovations controls and operates this Site from its
headquarters in Canada and makes no representation that the Materials
are appropriate or will be available for use in other locations. If you
use this Site from outside Canada, you are entirely responsible for
compliance with applicable local laws, including but not limited to the
export and import regulations of other countries in relation to the
Materials and the Third Party Content.
GENERAL
Internet Innovations monitors your data and transmissions, Internet
Innovations also actively monitor overall Site usage for system
utilization. You agree that if Internet Innovations becomes aware of
inappropriate use of the Site or any Internet Innovations service,
Internet Innovations may respond. You acknowledge that Internet
Innovations will report to law enforcement authorities any actions that
may be considered illegal, as well as any reports it receives of such
conduct. When requested, Internet Innovations will cooperate fully with
law enforcement agencies in any investigation of alleged illegal
activity on the Internet.
If you violate these Terms, Internet Innovations reserves the right to
terminate your access to the Site without notice. Any action related to
these Terms will be governed by law, without regard to the choice or
conflicts of law provisions of any jurisdiction. You agree to submit to
the jurisdiction of the courts, for the resolution of all disputes
arising from or related to these Terms and/or your use of the Site. If
any provision of these Terms is held to be invalid or unenforceable by a
court of competent jurisdiction, then such provision(s) shall be
construed, as nearly as possible, to reflect the intentions of the
parties, and all other provisions shall remain in full force and effect.
The failure of Internet Innovations to enforce any right or provision in
these Terms shall not constitute a waiver of such right or provision
unless acknowledged and agreed to by Internet Innovations in writing.
The Terms comprise the entire agreement between you and Internet
Innovations and supersede all prior or contemporaneous negotiations,
discussions or agreements, if any, between the parties regarding the
subject matter contained herein.
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