INVENTORY MARKETING CORP
TERMS OF SERVICE
1. ACCEPTANCE OF TERMS.
Inventory Marketing Corp provides its Service to you subject to the
following Terms of Service ("TOS"), which may be updated at any time and
from time to time without notice to you. You can review the most current
version of the TOS at any time at: www.inventorymarketing.com/tos
2. DESCRIPTION OF SERVICE.
Inventory Marketing Corp provides its users with access to a rich
collection of resources, which may be accessed through any various medium
or device now known or hereafter developed (the "Service"). You also
understand and agree that the Service may include advertisements. You also
understand and agree that the Service may include communications from
Inventory Marketing Corp, such as service announcements and administrative
messages. Unless explicitly stated otherwise, any new features that
augment or enhance the current Service, is subject to these TOS. You are
responsible for obtaining access to the Service, and that access may
involve third-party fees (such as Internet service provider or airtime
charges). You are responsible for those fees and all equipment necessary
to access the Service.
3. YOUR REGISTRATION OBLIGATIONS.
In consideration of your use of the Service, you represent that you are of
legal age to form a binding contract and are not a person barred from
receiving services under the laws of the United States or other applicable
jurisdiction. You also agree to: (a) provide true, accurate, current and
complete information about yourself as prompted by the Service's
registration form (the "Registration Data") and (b) maintain and promptly
update the Registration Data to keep it true, accurate, current and
complete. If you provide any information that is untrue, inaccurate, not
current or incomplete, or Inventory Marketing Corp has reasonable grounds
to suspect that such information is untrue, inaccurate, not current or
incomplete, Inventory Marketing Corp has the right to suspend or terminate
your account and refuse any and all current or future use of the Service
(or any portion thereof).
Inventory Marketing Corp will keep your Registration Data confidential
and, except as set forth below, will not disclose your Registration Data
to any third parties. Inventory Marketing Corp creates “cookies” with
respect to your log-in for security purposes only. Inventory Marketing
Corp does not collect “cookies” with respect to your use of the Service.
You acknowledge, consent and agree that Inventory Marketing Corp may
access, preserve and disclose your Registration Data and account
information if required to do so by law or in a good faith belief that
such access, preservation or disclosure is reasonably necessary to: (a)
comply with legal process; (b) enforce the TOS; (c) respond to your
requests for customer service; or (d) protect the rights or property
Inventory Marketing Corp, or its end users.
5. END USER ACCOUNTS, PASSWORDS AND SECURITY.
You will receive a password and account designation upon completing the
Service's registration process. You are responsible for maintaining the
confidentiality of the password and account and any sub-accounts you
create and are fully responsible for all activities that occur under your
password, account or sub-account. You agree to (a) immediately notify
Inventory Marketing Corp of any unauthorized use of your password, account
or sub-account or any other breach of security, and (b) ensure that all
your end users exit from the account or sub-at the end of each session.
Inventory Marketing Corp will not be liable for any loss or damage arising
from your failure to comply with this Section 5.
You understand and agree that all information, data, text, software,
music, sound, photographs, graphics, video, messages, tags, or other
materials ("Content"), whether publicly posted or privately transmitted,
are the sole responsibility of the person from whom such Content
originated. Inventory Marketing Corp does not control the Content
available via the Service and, as such, does not guarantee the accuracy,
integrity or quality of such Content. You agree that you must evaluate,
bear all risks associated with the use of, and not rely upon any Content
available through the Service, including any reliance on the accuracy,
completeness, or usefulness of such Content.
7. COMPLIANCE WITH LAW.
You agree to comply with all laws applicable to your use of the Service.
You agree that Inventory Marketing Corp may suspend or terminate your use
of the Service with or without notice in the event you violate any such
8. MODIFICATIONS TO SERVICE.
Inventory Marketing Corp reserves the right at any time and from time to
time to modify or discontinue, temporarily or permanently, the Service (or
any part thereof) with or without notice. You agree that Inventory
Marketing Corp will not be liable to you or to any third party for any
modification, suspension or discontinuance of the Service.
9. NO RESALE OF SERVICE.
You agree not to reproduce, duplicate, copy, sell, trade, resell or
exploit for any commercial purposes, any portion of the Service, use of
the Service, or access to the Service.
The Service may provide, or third parties may provide, links to other
World Wide Web sites or resources. As Inventory Marketing Corp has no
control over such sites and resources, you acknowledge and agree that
Inventory Marketing Corp is not responsible for the availability of such
external sites or resources and is not responsible or liable for any
Content, advertising, products or other materials on or available from
such sites or resources. You further acknowledge and agree that Inventory
Marketing Corp will not be responsible or liable, directly or indirectly,
for any damage or loss caused or alleged to be caused by or in connection
with use of or reliance on any such Content, goods or services available
on or through any such site or resource.
You agree that Inventory Marketing Corp may, under certain circumstances
and without prior notice, immediately terminate your account and access to
the Service. Cause for such termination shall include, but not be limited
to, (a) breaches or violations of these TOS, (b) requests by law
enforcement or other government agencies, (c) a request by you
(self-initiated account deletions), (d) discontinuance or material
modification to the Service (or any part thereof), (e) unexpected
technical or security issues or problems, (f) engagement by you in
fraudulent or illegal activities, and/or (g) nonpayment of any fees owed
by you in connection with the Services. Termination of your account
includes (a) removal of access to all offerings within the Service, (b)
deletion of your password and all related information, files and content
associated with or inside your account (or any part thereof), and (c)
barring of further use of the Service. Further, you agree that all
terminations for cause shall be made in Inventory Marketing Corp's sole
discretion and that Inventory Marketing Corp will not be liable to you or
any third party for any termination of your account or sub-account or
access to the Service.
12. INTELLECTUAL PROPERTY.
You acknowledge and agree that the Service and any necessary software used
in connection with the Service ("Software") contain proprietary and
confidential information that is protected by applicable intellectual
property and other laws. You further acknowledge and agree that Content or
information presented to you through the Service is protected by
copyrights, trademarks, service marks, patents or other proprietary rights
and laws. Except as expressly authorized by Inventory Marketing Corp, you
agree not to modify, rent, lease, loan, sell, distribute or create
derivative works based on the Service or the Software, in whole or in
13. DISCLAIMER OF WARRANTIES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT
YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS. INVENTORY MARKETING CORP AND ITS SUBSIDIARIES, AFFILIATES,
OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM
ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT.
INVENTORY MARKETING CORP AND
ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND
LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR
REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR
ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS,
SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU
THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN
THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR
OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM INVENTORY MARKETING CORP
OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED IN THE TOS.
LIMITATION OF LIABILITY.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT INVENTORY MARKETING CORP AND ITS
SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND
LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED
TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSSES (EVEN IF INVENTORY MARKETING CORP HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY
TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND
SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED
OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
OR (iv) ANY OTHER MATTER RELATING TO THE SERVICE.
15. EXCLUSIONS AND LIMITATIONS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 13 AND 14
MAY NOT APPLY TO YOU OR YOUR USE OF THE SERVICE.
You agree to indemnify and hold Inventory Marketing Corp and its
subsidiaries, affiliates, officers, agents, employees, partners and
licensors harmless from any claim or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of your use
of the Service, your connection to the Service, your violation of the TOS,
or your violation of any rights of another.
17. NO THIRD-PARTY BENEFICIARIES.
You agree that, except as otherwise expressly provided in this TOS, there
shall be no third-party beneficiaries to this agreement.
Inventory Marketing Corp may provide you with notices, including those
regarding changes to these TOS, by email, regular mail or postings on the
Entire Agreement. The TOS
constitutes the entire agreement between you and Inventory Marketing
Corp and governs your use of the Service, superseding any prior
agreements between you and Inventory Marketing Corp with respect to the
Choice of Law and Forum. The
TOS and the relationship between you and Inventory Marketing Corp shall
be governed by the laws of the State of Florida without regard to its
conflict of law provisions. You and Inventory Marketing Corp agree to
submit to the personal and exclusive jurisdiction of the courts located
within Miami-Dade County, Florida.
Waiver and Severability of
Terms. The failure of Inventory Marketing Corp to exercise or enforce
any right or provision of the TOS shall not constitute a waiver of such
right or provision. If any provision of the TOS is found by a court of
competent jurisdiction to be invalid, the parties nevertheless agree
that the court should endeavor to give effect to the parties' intentions
as reflected in the provision, and the other provisions of the TOS
remain in full force and effect.
Statute of Limitations. You
agree that regardless of any statute or law to the contrary, any claim
or cause of action arising out of or related to use of the Service or
the TOS must be filed within one (1) year after such claim or cause of
action arose or be forever barred.
The section titles in the TOS
are for convenience only and have no legal or contractual effect.