INTRODUCTION
These Terms & Conditions were last modified on September
9, 2016.
Automate First, LLC (the “COMPANY”) welcomes you to www.UnlockIG.com
(the “Website”).
VISITORS TO OUR WEBSITE MAY HAVE ACCESS TO WEBSITE CONTENT
SUBJECT TO THE FOLLOWING TERMS OF USE, WHICH CONSTITUTE A LICENSE GOVERNING
YOUR USE OF THE WEBSITE AND ANY TRANSACTIONS THAT ARE INITIATED THROUGH THE
WEBSITE. BY VISITING THE WEBSITE, YOU ARE CONSENTING TO THE FOLLOWING TERMS OF
USE. THERE ARE PROVISIONS BELOW CONSTITUTING A WAIVER OF CERTAIN LEGAL RIGHTS.
PLEASE READ ALL INFORMATION CAREFULLY.
In these terms and conditions, “We/us/our” means Automate
First, LLC. The “Website” means the website located at
www.UnlockIG.com (or any
subsequent URL which may replace it) and all associated websites and micro
sites of Automate First, LLC. “You/your” means you as a user of the Website.
By accessing and using the Website, you acknowledge that you
have read, understood and agree to be bound be these Terms of Use and our
Privacy Policy, which is hereby
incorporated by reference (collectively, this “Agreement”). If you do not agree
to any of the terms contained herein, then please do not use or access the
Website.
To access or use the Website, you must be 18 years or older
and have the requisite authority to enter into these Terms and Conditions.
PRIVACY
Please review our Privacy
Policy
, which also governs your visit to the Website, to understand our
privacy practices.
CONSIDERATION
You agree that these Terms of Use are supported by
reasonable and valuable consideration, the receipt and adequacy of which you
hereby acknowledge, including, without limitation, your access to and use of
the Website and all Content available at or through the Website.
VISITORS & REGISTERED
USERS
Any user who voluntarily signs up for more information
(e-newsletter, promos, bonus materials, etc), or who purchases a product,
service or program through the Website, is agreeing to both the terms of this
Agreement and the accompanying Terms and Conditions of Purchase where
applicable with respect to such product, service or program.
We provide Visitors and Registered Users with access to the
Services as described below.
Visitors. Visitors
are those who visit the Website but do not register with us. No login or
personal information is required of our Visitors. Visitors can view all
publicly available content on the Website and also contact us by email.
Registered Users. Registered
Users can access all publicly available content on the Website, contact us by
email, and upon registration for an e-newsletter, product, service or program,
may also gain access to exclusive content hosted as part of this Website.
The Company is under no obligation to accept any individual
as a Registered User and may accept or reject any registration in its sole and
complete discretion. In addition, the Company may deactivate any account at any
time, including, without limitation, if it determines that a Registered User
has violated these Terms of Use, or the Terms of Use for any particular
service, product or program.
INTELLECTUAL PROPERTY
/ RESTRICTIONS ON USE
The Website contains or may contain as part of the Website
itself, or as part of certain products, services or programs offered through
the Website, text, graphics, logos, images, coursework, software, video or
audio files, and other material provided by or on behalf of the Company
(collectively referred to as the “Content”). The Content includes the specific
selection and arrangement of all Content, i.e. the design. All Content is
proprietary and is protected under both United States and foreign laws, whether
owned by us or by third parties with whom we associate to help deliver the
Content.
You shall not use the Website for any illegal purposes, and
you will use it in compliance with all applicable laws and regulations. Unauthorized
use of the Content may violate copyright, trademark and other applicable laws.
Registered Users who have purchased any product, service or
program may download one copy of their purchase onto their personal computer
and view any Content contained in such purchased product, service or program
for their own personal, non-commercial use. Other than as set forth in this
section, you have no other rights in or to the Content (other than your own
Registered User-Generated Content that you post to the Website, where
applicable), and you will not use the Content except as permitted under this
Agreement. No other use is permitted without the prior written consent of the
Company. The Company retains all right, title and interest, including all
intellectual property rights, in and to the Content. You must retain all
copyright and other proprietary notices contained in the original Content. You
agree not to duplicate, imitate, copy, reproduce, transmit, publish, display,
distribute, sell, transfer, assign, license, sublicense, publicly perform, commercially
exploit or create derivative works of such material and content, nor to help or
assist third parties in doing the same. You are also prohibited from posting
any portion of the Content in either print or digital format, included on any
other website, social media page, or in a networked computer environment for
any purpose. The Content may not be used in connection with any product or
service that is not ours in any manner that is likely to cause confusion among
users or disparages or discredits us or anyone else.
You agree not to use the Website in a way that may cause the
Website to be interrupted, damaged, rendered less efficient or such that the
effectiveness or functionality of the Website is in any way impaired. You agree
not to attempt any unauthorized access to any part or component of the Website.
You agree that in the event that you have any right, claim
or action against any User arising out of that User’s use of the Website, then
you will pursue such right, claim or action independently of and without
recourse to us.
SUBMISSIONS &
USER-GENERATED CONTENT LICENSE
There may be portions of the Website that allow for the
posting of reviews, comments, photographs or other content (“User-Generated
Content”). Where the website allows, you are permitted to submit comments, communications,
suggestions, ideas, questions, or other information,
provided that the material submitted is not threatening,
objectionable, illegal, obscene, defamatory (to us or anyone else), invasive of
privacy or intellectual property rights, or otherwise injurious to us or third
parties. Further, anything submitted shall not contain malware, software
viruses, or spam, including political campaign material, commercial
solicitations, chain letters, or mass mailings. You may not use false e-mail
addresses, impersonate anyone, or otherwise mislead as to the origin of any
content. We reserve the right (but not the obligation) to remove or edit any
such content.
You agree that any content you submit to us, i.e. “User
Generated Content,” as described above, will not be subject to any expectation
of privacy, trust, or confidence between us and that no confidential, fiduciary
or other relationship is intended or created between you and us. If you post
any such content, intentionally or unintentionally, you are granting us a
License in said content, and we and any others we designate from time to time
shall have unrestricted rights to use the Content for any and all purposes
whatsoever, commercial or otherwise, without any further permission from or any
payment to you or anyone else. This includes rights to use the name that you
submit, along with any other name by which you are known, in connection with
the User-Generated Content.
To be clear, we have the right to use,
reproduce, license, sub-license, transfer, print, display, exhibit, distribute,
re-distribute, publish, modify, translate, or create derivative works of any
User-Generated Content that you submit or provide, without any further
permission from or notice or payment to you
. You agree to this “User-Generated Content
License” whether or not your User-Generated Content is used by us.
You represent and agree that you own, have full rights to or
otherwise control all User-Generated Content that you submit or send to us,
that such User-Generated Content is accurate and truthful and does not violate
these Terms of Use, our Privacy Policy, or the rights of us or any third party
and will not cause injury to anyone. You agree to indemnify us and our affiliates
and designees from and against any and all claims arising out of, resulting
from or relating to any such User-Generated Content. We have the right, but not
the obligation, to review and remove any activity or content involving you or
your account. We assume no responsibility and have no liability for any User
Generated Content created or posted by you or anyone else.
Each time that you access the Website or create or submit
User-Generated Content, you agree to, ratify and confirm the terms of the
then-existing User-Generated Content License for that submission and all
previous submissions by you to us.
CONTENT LINKED TO THE
WEBSITE
From time to time we may include or provide third-party
links on our Website. When you click on links that take you outside of our
Website to any other webpage including those of affiliates, joint-venture
partners, content partners or other businesses or service providers who may or
may not be affiliated with our work, you assume all of the risk,
responsibilities and consequences resulting from your use of or access to
third-party websites. Other websites not belonging to the Company may be
subject to different terms and conditions of use and privacy policies. You
acknowledge that we are not responsible for examining or evaluating the content
of other sites, nor are we responsible for the availability of any external
sites or resources, and do not endorse and are not responsible or liable,
directly or indirectly, for the privacy practices or the content (including
misrepresentative or defamatory content) of any third party websites,
including, without limitation, any advertising, products or other materials or
services on or available from such websites or resources, nor for any damage,
loss or offense caused or alleged to be caused by, or in connection with, the
use of or reliance on any such content, goods or services available on such
external sites or resources.
CHANGES TO THE
WEBSITE
We reserve the right to modify or withdraw, temporarily or
permanently, the Website (or any part of it) with or without notice to you. You
agree that we shall not be liable to you or any third party for any
modification to or withdrawal of the Website. You will not be eligible for any
compensation because you cannot use any part of the Website or because of a
failure, suspension or withdrawal of all or part of the Website.
We may alter these terms and conditions from time to time,
and your use of the Website (or any part of it), following such change shall be
deemed to be your acceptance of such change. It is your responsibility to check
regularly to determine whether the Terms of Use have been changed. If you do
not agree to any change to the Terms of Use then you must immediately stop
using the Website.
INDEMNIFICATION
You agree to be fully responsible for and fully indemnify,
defend and hold us (including our licensors, licensees, successors,
distributors, agents, representatives, and other authorized users, and each of
their respective officers, directors, owners, managers, members, employees,
agents, representatives and assigns, collectively the “Indemnified Parties”)
harmless from and against any and all claims, liability, damages, losses, costs
and expenses, including legal fees and expenses, suffered by us and arising out
of any breach of the conditions by you or any other liabilities arising out of
your use of the Website, or the use by any other person accessing the website
using your password, personal computer or other electronic device, or internet
access account. You shall use your best efforts to cooperate with us in the
defense of any claim including to provide us with assistance, without charge,
as we may request in connection with any such defense, including, without
limitation, providing us with such information, documents, records, and
reasonable access to you as we deem necessary. We reserve the right to employ
separate counsel and assume the exclusive defense and control of the settlement
and disposition of any claim that is subject to indemnification by you. You
shall not settle any third party claim or waive any defense without our prior
written consent.
DISCLAIMER OF
WARRANTIES/LIMITATION OF LIABILITY
YOU AGREE THAT YOUR ACCESS TO AND USE OF THE WEBSITE AND ANY
CONTENT HEREIN IS AT YOUR OWN RISK.
THE CONTENT ON THE WEBSITE IS PROVIDED “AS IS.” TO THE
FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ANY AND ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT,
COMPATIBILITY, SECURITY, ACCURACY, CONDITION OR COMPLETENESS, OR ANY IMPLIED
WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OR TRADE.
WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN ANY
CONTENT, PRODUCT, SERVICE OR PROGRAM OFFERED THROUGH THE WEBSITE (INCLUDING,
WITHOUT LIMITATION, USER-GENERATED CONTENT) WILL BE UNINTERRUPTED OR
ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS
THAT HOST SUCH CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR ARE
FULLY FUNCTIONAL, ACCURATE OR RELIABLE. WE WILL NOT BE RESPONSIBLE FOR ANY LOSS
OF CONTENT OR MATERIAL AS A RESULT OF UPLOADING TO OR DOWNLOADING FROM THE
WEBSITE AND YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR
CORRECTION OF ANY OF YOUR EQUIPMENT OR SOFTWARE.
WE EXPLICITLY DISCLAIM ANY RESPONSIBILITY FOR THE ACCURACY,
COMPLETENESS OR AVAILABILITY OF THE INFORMATION, CONTENT AND MATERIALS FOUND ON
SITES THAT LINK TO OR FROM THE WEBSITE. WE CANNOT ENSURE THAT YOU WILL BE
SATISFIED WITH ANY PRODUCT OR SERVICE THAT YOU PURCHASE FROM A THIRD PARTY
WEBSITE THAT LINKS TO OR FROM THE WEBSITE OR THIRD PARTY INFORMATION, CONTENT
OR MATERIALS CONTAINED ON OUR WEBSITE. WE DO NOT ENDORSE ANY OF THE MERCHANDISE,
NOR HAVE WE TAKEN ANY STEPS TO CONFIRM THE ACCURACY, COMPLETENESS OR
RELIABILITY OF ANY OF THE INFORMATION, CONTENT OR MATERIALS CONTAINED ON ANY
THIRD PARTY WEBSITE. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE
SECURITY OF ANY INFORMATION, CONTENT OR OTHER MATERIALS (INCLUDING, WITHOUT
LIMITATION, CREDIT CARD AND OTHER PERSONAL INFORMATION) YOU MIGHT BE REQUESTED
TO GIVE TO ANY THIRD PARTY. YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE
ANY AND ALL CLAIMS AGAINST US WITH RESPECT TO INFORMATION, CONTENT AND
MATERIALS CONTAINED ON THE WEBSITE (INCLUDING, WITHOUT LIMITATION,
USER-GENERATED CONTENT), ON THIRD PARTY SITES, AND ANY INFORMATION, CONTENT AND
MATERIALS YOU PROVIDE TO OR THROUGH ANY SUCH THIRD PARTY SITES (INCLUDING,
WITHOUT LIMITATION, CREDIT CARD AND OTHER PERSONAL INFORMATION). WE STRONGLY
ENCOURAGE YOU TO MAKE WHATEVER INVESTIGATION YOU FEEL NECESSARY OR APPROPRIATE
BEFORE PROCEEDING WITH ANY ONLINE OR OFFLINE TRANSACTION WITH ANY THIRD PARTY.
THE PRODUCTS AND SERVICES OFFERED BY THE COMPANY ARE NOT SUITED
FOR EVERYONE. THE CREATORS OF ANY PRODUCTS, SERVICES OR PROGRAMS OFFERED HEREIN
OR IN CONNECTION HEREWITH DO NOT ASSUME, AND SHALL NOT HAVE, ANY LIABILITY TO
USERS FOR INJURY OR LOSS IN CONNECTION THEREWITH. WE MAKE NO REPRESENTATIONS OR
WARRANTIES AND EXPRESSLY DISCLAIM ANY AND ALL LIABILITY CONCERNING THE USE OF
ANY INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE WEBSITE.
YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS “DISCLAIMER
OF WARRANTIES AND LIMITATION OF LIABILITY
” AND FULLY UNDERSTAND THAT IT IS
A RELEASE OF LIABILITY. YOU EXPRESSLY AGREE TO RELEASE AND DISCHARGE ALL
INDEMNIFIED PARTIES (AS DEFINED ABOVE) FROM ANY AND ALL CLAIMS OR CAUSES OF ACTIONS
AND YOU AGREE TO VOLUNTARILY GIVE UP AND IRREVOCABLY WAIVE AND RELEASE ANY
RIGHT THAT YOU MAY OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST ANY
INDEMNIFIED PARTY FOR PERSONAL INJURY OR PROPERTY DAMAGE.
YOU ACKNOWLEDGE THAT WE CANNOT GUARANTEE AND THEREFORE SHALL
NOT BE IN ANY WAY RESPONSIBLE FOR THE SECURITY OR PRIVACY OF THE INTERNET AND
THIS WEBSITE AND ANY INFORMATION PROVIDED TO OR TAKEN FROM THE WEBSITE BY YOU.
WE WILL NOT BE LIABLE, IN CONTRACT, TORT (INCLUDING, WITHOUT
LIMITATION, NEGLIGENCE), PRE-CONTRACT OR OTHER REPRESENTATIONS (OTHER THAN
FRAUDULENT MISREPRESENTATIONS) OR OTHERWISE OUT OF OR IN CONNECTION WITH THE
WEBSITE OR PRODUCTS OR SERVICES OFFERED ON THE WEBSITE WHETHER BY US OR ON OUR
BEHALF (INCLUDING FREE SOFTWARE DOWNLOADS) FOR ANY ECONOMIC LOSSES (INCLUDING
WITHOUT LIMITATION LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS OR
ANTICIPATED SAVINGS) OR ANY LOSS OF GOODWILL OR REPUTATION, OR ANY LOSS OR CORRUPTION
OF DATA, OR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY
LOSSES OR DAMAGES; IN ANY CASE WHETHER OR NOT SUCH LOSSES OR DAMAGES WERE
WITHIN THE CONTEMPLATION OF EITHER OF US AT THE DATE ON WHICH THE EVENT GIVING
RISE TO THE LOSS OCCURRED.
UNDER NO CIRCUMSTANCES (INCLUDING NEGLIGENCE) SHALL WE BE LIABLE
TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL,
PUNITIVE EXEMPLARY OR ANY OTHER DAMAGES (INCLUDING LOST PROFITS), PERSONAL
INJURY (INCLUDING DEATH) OR PROPERTY DAMAGE OF ANY KIND OR NATURE WHATSOEVER
THAT ARISE OUT OF OR RESULT FROM THE USE OF OR ANY INABILITY TO USE, THE
WEBSITE OR ANY CONTENT OR FUNCTIONS THEREOF; OR ANY ACT OR OMISSION, ONLINE OR OFFLINE,
OF ANY USER OF THE WEBSITE OR ANYONE ELSE, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR
ALL LOSS, COST, DAMAGE, LIABILITY OR EXPENSE (INCLUDING ATTORNEYS FEES AND
COSTS) THAT YOU MAY SUFFER OR INCUR, UNDER ANY THEORY OF LIABILITY, IN
CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE,
EXCEED THE LESSER OF THE AMOUNT PAID BY YOU, IF ANY, FOR THE RIGHT TO ACCESS OR
PARTICIPATE IN ANY ACTIVITY RELATED TO THE WEBSITE OR $100.00.
UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF THE INDEMNIFIED
PARTIES BE LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING, DIRECTLY
OR INDIRECTLY, FROM ANY EVENT OF FORCE MAJEURE OR OTHER CAUSE BEYOND OUR OR
THEIR CONTROL INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, EQUIPMENT AND
TECHNICAL FAILURES, ELECTRICAL POWER FAILURES OR FLUCTUATIONS, STRIKES, LABOR
DISPUTES, RIOTS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, NATURAL
DISASTERS, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR
TRIBUNALS, OR NON-PERFORMANCE OF THIRD PARTIES. NEITHER WE NOR ANY OTHER
INDEMNIFIED PARTY IS RESPONSIBLE OR LIABLE FOR ANY INCOMPATIBILITY BETWEEN THE
WEBSITE AND ANY SITE, SERVICE, SOFTWARE OR HARDWARE, OR ANY DELAY OR FAILURE
YOU MAY EXPERIENCE WITH ANY TRANSMISSION OR TRANSACTION RELATED TO THE WEBSITE.
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS HEREIN AND
ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW.
WHERE CERTAIN STATE LAWS DO NOT ALLOW CERTAIN OF THE
EXCLUSIONS, LIMITATIONS, OR DISCLAIMERS OF LIABILITY SET FORTH IN THESE TERMS
OF USE, SUCH EXCLUSIONS, LIMITATIONS OR DISCLAIMERS MAY NOT APPLY TO YOU.
COMPLIANCE WITH
APPLICABLE LAW
The Website is based in the United States. Whether inside or
outside of the United States, you are solely responsible for ensuring
compliance with all applicable laws of your specific jurisdiction.
CONTROLLING LAW
This Agreement and any action related thereto will be
governed by the laws of the State of California.
CALIFORNIA CONSUMER
RIGHTS NOTICE
California users of the Website are entitled to the
following information pursuant to California Civil Code Section 1789.3:
For any questions or complaints about the Company, our
products, services or the Website, please contact us via e-mail at support at
UnlockIG dot com. The Company is engaged in the sale of services worldwide and
within the USA. Currently there are no charges to the consumer for the use of
the Website, other than the cost of any products, programs or services
purchased through the Website, and any applicable fees associated with such
purchases. Unless otherwise stated, these charges appear for each purchase on
an Order Confirmation page or in an Order Confirmation sent via email to the
consumer following their purchase. The Company reserves the right to change
pricing related to any products, programs or services offered through the
Website at any time. Those changes will be reflected in the terms and
conditions accompany the sale, and on the Order page.
The Complaint Assistance Unit of the Division of Consumer
Services of the Department of Consumer Affairs in California, Consumer
Information Center may be contacted in writing at 1625 North Market Blvd, Suite
N-112, Sacramento, CA 95834 or by calling 1-800-952-5210.
DISPUTE RESOLUTION
& BINDING ARBITRATION
In the event of a dispute arising under or relating to this
Agreement, the Content, or the Website (each, a “Dispute”), either party may
elect to finally and exclusively resolve the dispute: first, by confidential
mediation, to be conducted by a mutually selected, qualified neutral,
third-party attorney/mediator located in Walnut Creek, California, which
mediation may occur in-person, online (via web cams), or telephonically, and shall
be scheduled within 30 days of either party providing the other with a request
to mediate; second, by confidential, binding arbitration governed by the
Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall
be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION,
NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A
JURY TRIAL. DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All
disputes will be resolved before a neutral arbitrator whose decision shall be
final except for a limited right of appeal under the FAA. Any court in Contra Costa
County, California may enforce the arbitrator’s award. The arbitration may be
conducted in person, through the submission of documents, by phone, or online
and shall be conducted by a qualified JAMS or similarly experienced arbitrator.
If conducted in person, the arbitration shall take place in Walnut Creek,
California. The parties may litigate in court to compel arbitration, to stay
proceeding pending arbitration, or to confirm, modify, vacate, or enter
judgment on the award entered by the arbitrator. In addition, we may litigate
in court to seek injunctive relief.
CLASS ACTION WAIVER
You agree that any arbitration or court proceeding shall be
limited to the Dispute between us and you, individually. To the full extent
permitted by law, (i) no arbitration or legal proceeding shall be joined with
any other; (ii) there is no right or authority for any Dispute to be arbitrated
or resolved on a class-action basis or to utilize class action procedures; and
(iii) there is no right or authority for any Dispute to be brought in a
purported representative capacity on behalf of the general public or any other
persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL
CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE
PROCEEDING.
ELECTRONIC
COMMUNICATION
When you visit the Website or correspond with us via e-mail,
you are communicating with us electronically. You consent to receive
communications from us electronically. We will communicate with you by email or
by posting notices on the Website. You agree that all agreements, notices,
disclosures, and other communications that we provide electronically satisfy
any legal requirement that such communications be in writing.
ENTIRE AGREEMENT
These Conditions and documents referred to herein (as
amended from time to time) contain the entire Agreement between you and us
relating to the Website and any matter covered and supersede all prior and
contemporaneous agreements, representations, understandings or proposals between
us. No oral explanation or oral information given by either of us shall alter
the interpretation of these Conditions.
MISCELLANEOUS LEGAL
PROVISIONS
No waiver of any of the provisions herein by the Company
shall constitute a waiver of any other provisions, whether or not similar, nor
shall any waiver constitute a continuing waiver.
The subject headings in this Agreement are provided for
convenience only and shall not alter the construction or interpretation of any
of its terms or provisions.
You agree that no joint venture, partnership, employment or
agency relationship exists between you and us as a result of these Terms of Use
or your use of the Website.
Nothing contained in this Agreement is in derogation of our
right to comply with governmental, court, and law enforcement requests or
requirements relating to your use of the Website or information provided to or
gathered by us with respect to such use. A printed version of these Terms of
Use and of any notice given in electronic form shall be admissible in judicial
or administrative proceedings based upon or relating to these Terms of Use to
the same extent and subject to the same conditions as other business documents
and records originally generated and maintained in printed form.
If any provision of these Terms of Use is invalid or
unenforceable under applicable law, the remaining provisions will continue in
full force and effect, and the invalid or unenforceable provision will be
deemed superseded by a valid, enforceable provision that most closely matches
the intent of the original provision.