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Terms and Conditions
1. ACCEPTANCE OF TERMS
Welcome to the Interconnect Devices, Inc. (“IDI”) Web Site. IDI provides its web site to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at:
http://www.idinet.com/pageTerms.asp
. In addition, when using particular IDI services, you and IDI shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.
2. DESCRIPTION OF WEB SITE
IDI currently provides users with access to a varied collection of on-line resources, including, various product-related information, purchasing applications, account information, personalized content, and communications tools through its web site (the "Web Site"). Unless explicitly stated otherwise, any new features that augment or enhance the current Web Site, including the release of new features, shall be subject to the TOS. You understand and agree that the Web Site is provided "AS-IS" and that IDI assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
In order to use the Web Site, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Web Site, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Web Site's membership application form (such information being the "Membership Data") and (b) maintain and promptly update the Membership Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or IDI has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, IDI has the right to suspend or terminate your account and refuse any and all current or future use of the Web Site (or any portion thereof).
4. MEMBER ACCOUNT, PASSWORD AND SECURITY
As an IDI member you will receive a user name and password upon approval of your Membership Data or upon purchase of an IDI product. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify IDI of any unauthorized use of your username and password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. IDI cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
5. MEMBER CONDUCT
You understand that all information, data, text, software, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not IDI, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Web Site. IDI does not control the Content posted via the Web Site and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will IDI be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Web Site.
You agree to not use the Web Site to:
a. upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, an IDI staff member, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Web Site;
e. upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
g. upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
h. upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Web Site are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
j. interfere with or disrupt the Web Site or servers or networks connected to the Web Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Web Site;
k. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
l. "stalk" or otherwise harass another; or
m. collect or store personal data about other users.
You acknowledge that IDI does not pre-screen Content, but that IDI and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Web Site. Without limiting the foregoing, IDI and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by IDI or submitted to IDI, including without limitation information in the Chat Rooms, Reference Sections, and in all other parts of the Web Site.
You acknowledge and agree that IDI may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of IDI, its users and the public.
You understand that the technical processing and transmission of the Web Site, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
6. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
7. CONTENT POSTED TO THE IDI WEB SITE
With respect to all Content you elect to post to www.idinet.com or related domains, you grant IDI the royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.
8. INDEMNITY
You agree to indemnify and hold IDI, and its subsidiaries, affiliates, officers, agents or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Web Site, your use of the Web Site, your connection to the Web Site, your violation of the TOS, or your violation of any rights of another.
9. NO RESALE OF WEB SITE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Web Site, use of the Web Site, or access to the Web Site.
10. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that IDI may establish general practices and limits concerning use of the Web Site, including without limitation the maximum number of times (and the maximum duration for which) you may access the Web Site in a given period of time. You agree that IDI has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Web Site. You acknowledge that IDI reserves the right to log off users that are inactive for an extended period of time. You further acknowledge that IDI reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
11. MODIFICATIONS TO WEB SITE
IDI reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Web Site (or any part thereof) with or without notice. You agree that IDI shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Web Site.
12. TERMINATION
You agree that IDI, in its sole discretion, may terminate your user name, password or use of the Web Site, and remove and discard any Content within the Web Site, for any reason, including, without limitation, for lack of use or if IDI believes that you have violated or acted inconsistently with the letter or spirit of the TOS. IDI may also in its sole discretion and at any time discontinue providing the Web Site, or any part thereof, with or without notice. You agree that any termination of your access to the Web Site under any provision of this TOS may be effected without prior notice, and acknowledge and agree that IDI may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Web Site. Further, you agree that IDI shall not be liable to you or any third-party for any termination of your access to the Web Site.
13. LINKS
The Web Site may provide, or third parties may provide, links to other World Wide Web sites or resources. Because IDI has no control over such sites and resources, you acknowledge and agree that IDI is not responsible for the availability of such external sites or resources, and does not endorse 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 IDI shall 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.
14. IDI PROPRIETARY RIGHTS
You acknowledge and agree that the Web Site and any necessary software used in connection with the Web Site ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Web Site or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by IDI or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Web Site or the Software, in whole or in part.
IDI grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software.
15. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a.YOUR USE OF THE WEB SITE IS AT YOUR SOLE RISK. THE WEB SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. IDI EXPRESSLY DISCLAIMS 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.b.IDI MAKES NO WARRANTY THAT (i) THE WEB SITE WILL MEET YOUR REQUIREMENTS, (ii) THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEB SITE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.c.ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT 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.d.NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM IDI OR THROUGH OR FROM THE WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
16. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IDI SHALL NOT BE LIABLE 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 IDI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEB SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEB SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEB SITE; OR (v) ANY OTHER MATTER RELATING TO THE WEB SITE.
17. 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 17 AND 18 MAY NOT APPLY TO YOU.
18. NOTICE
Notices to you may be made via either email or regular mail. The Web Site may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Web Site.
19. TRADEMARK INFORMATION
IDI, Interconnect Devices, Incorporated and the IDI logos, products and service names are trademarks of Internconnect Devices, Incorporated. Without prior written permission from IDI, you agree not to display or use in any manner, the IDI logos.
20. COPYRIGHTS and COPYRIGHT AGENTS
IDI respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide IDI with the following information:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. a description of the copyrighted work that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the site;
4. your address, telephone number, and email address;
5. 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;
6. 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.
The IDI Copyright Agent for Notice of claims of copyright infringement on its site is Karen Bock who can be reached as follows:
By mail:
Karen Bock
Marketing Director
Interconnect Devices, Inc.
5101 Richland Avenue
Kansas City, KS 66106
By phone: 913.342.5544
By email:
karen@mail.idinet.com
21. GENERAL INFORMATION
The TOS constitute the entire agreement between you and IDI and govern your use of the Web Site, superceding any prior agreements between you and IDI. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and IDI shall be governed by the laws of the State of Kansas without regard to its conflict of law provisions. You and IDI agree to submit to the personal and exclusive jurisdiction of the courts located within the Wyandotte County, Kansas. The failure of IDI 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. 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 Web Site 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.
22. VIOLATIONS
Please report any violations of the TOS to us at
info@idinet.com
.
