Please fully read the Terms of Use for all Services provided by Internovations.
These Internovations Terms of Service comprise a legal agreement between You and Internovations, LLC. as further described in the next sentence, and govern Your use of all Services provided by Internovations. Unless the context otherwise clearly requires, when the term "Internovations" is used in these Terms of Service, it means the entity of Internovations, LLC with whom You have contracted.
BY SUBSCRIBING TO A INTERNOVATIONS SERVICE, YOU AGREE TO BE BOUND BY THE TERMS OF THESE TERMS OF SERVICE AND THE ADDITIONAL TERMS, AS MODIFIED FROM TIME TO TIME. If you do not agree to these Terms of Service and the Additional Terms do not subscribe to or use the INTERNOVATIONS services.
Internovations is made up of Web sites and Web pages operated by Internovations, LLC and its affiliates and of various products and services which are provided by Internovations, LLC, its affiliates or third party service providers. These Web sites, Web pages, products and services will be collectively referred to in these Terms of Service as "SERVICES" or "INTERNOVATIONS SERVICES." "You" and "Your" means You, Your company, Your employees, and anyone who has access to use Your INTERNOVATIONS account. You must be at least eighteen (18) years of age to subscribe to and use any INTERNOVATIONS service or product.
The general provisions in Part I of these Terms of Service apply to the INTERNOVATIONS SERVICES and to all of the products and services provided through INTERNOVATIONS. The provisions in Part II of these Terms of Service are additional provisions that apply to the particular INTERNOVATIONS product(s) or service(s) described in each section of Part II. Each applicable INTERNOVATIONS Web site, product or service may have other posted guidelines or rules (the "Additional Terms"). All such Additional Terms are incorporated by reference into these Terms of Service.
INTERNOVATIONS SERVICES are offered to You on the condition that You accept these Terms of Service and the Additional Terms without modification. You agree to familiarize Yourself with, and to regularly review, the Terms of Service, the Additional Terms, and other terms and guidelines found throughout the INTERNOVATIONS Web site and abide by them if You choose to use the sites, or accept the products, services or benefits, to which such terms apply. Internovations reserves the right to change any of the Terms of Service and any Additional Terms at anytime without notice. If Internovations makes a material change to the Terms of Service, Internovations will give You notice by email at the email address which You use as Your user ID for Your INTERNOVATIONS account thirty days before such change is scheduled to take effect. If You continue to use INTERNOVATIONS SERVICES after any such changes, Your continued use will constitute Your consent to such changes.
Any rights not expressly granted herein are reserved by Internovations.
By subscribing to any service offered on the INTERNOVATIONS Web site, You make the following representations and warranties. Internovations shall have the right to terminate Your INTERNOVATIONS account, without notice at any time, if any representation warranty made by You proves to be untrue in any respect.
You represent and warrant that:
By using the INTERNOVATIONS SERVICES, You agree that You will defend and indemnify Internovations and its suppliers from any third party claim related to a breach of any of the foregoing warranties.
The INTERNOVATIONS SERVICE is provided to assist You with the operation of Your business. Your right to use the INTERNOVATIONS SERVICE is limited to You, and Your company and its employees. You are solely responsible for Your content and Your Web site and Your INTERNOVATIONS account. Internovations reserves the right, but is not obligated, to monitor or to review materials posted on Your Web site and to monitor Your compliance with these Terms of Service and the Additional Terms. Internovations reserves the right in its sole discretion to edit, refuse to post or remove any information or materials which violate these Terms of Service or the Additional Terms in whole or in part, without notice at any time.
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, services or benefits obtained from any INTERNOVATIONS SERVICE, except as expressly provided herein.
You may not use a name in connection with operating Your INTERNOVATIONS Web site that is confusing or misleading, or otherwise impersonate or deceive anyone with respect to Your identity.
You may not restrict or inhibit any other user from using and enjoying such user's rights in INTERNOVATIONS.
You may not interfere with or disrupt any INTERNOVATIONS SERVICE or servers or any network connected to INTERNOVATIONS.
You may not use INTERNOVATIONS SERVICES or the products or services provided through or in connection with the INTERNOVATIONS Network to:
You may not reproduce or redistribute any Software, as that term is defined in the Section entitled "Software Available as part of INTERNOVATIONS SERVICES." You may not copy or reproduce the Software to any other server or location for further reproduction or redistribution. You may not decompile, disassemble, reverse engineer or otherwise attempt to discover any trade secret contained in any INTERNOVATIONS SERVICE, or in any product, service or Software provided through any INTERNOVATIONS SERVICES.
The information provided by Internovations to You may be proprietary in nature. You agree not to share any information provided to You by or on behalf of Internovations with any third party.
Some products and services available through or in connection with INTERNOVATIONS require that You purchase a subscription or otherwise pay a fee. You are solely responsible for all charges, fees, duties, taxes, and assessments arising out of any use of Your INTERNOVATIONS account by you or anyone else using Your account. Internovations reserves the right to modify the fees charged for INTERNOVATIONS products and services from time to time, provided that such new fees shall not take effect earlier than thirty (30) days after Internovations notifies You via email or otherwise of such modified fees.
Prices for all Products exclude all applicable taxes and telecommunication charges, unless expressly stated otherwise. To the extent permissible by law, you agree to be responsible for any applicable taxes and telecommunication charges, whether or not such amounts are itemized on Your Online Statement or charged to Your Billing Account or Payment Method.
The price on your INTERNOVATIONS Checkout page for products, services and items obtained through the INTERNOVATIONS (the "Products") reflects the most recent price displayed on the item's product detail page. Please note that this price may differ from the price shown for the Product when You first placed it in INTERNOVATIONS Checkout (e.g. you place an item in the INTERNOVATIONS checkout, but you waited several days before submitting the order and the price changed between placing the item in INTERNOVATIONS checkout and submitting the order). We cannot confirm the price of a Product until You submit Your order; however, we do NOT charge Your Billing Account until Your order completes the INTERNOVATIONS Checkout process.
Internovations bills you through an online account (Your "Billing Account") for Products and/or Services. You agree to pay Internovations all charges at the prices then in effect for any Products and/or Services ordered by you or other persons (including Your agents) using Your Billing Account, and you authorize Internovations to charge Your chosen payment method (Your "Payment Method") for such Products/Services. You agree to make payment using that selected Payment Method. Charges on Your Billing Account will be summarized for you online (Your "Online Statement"). You will have one Online Statement per Billing Account. Internovations reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT IN ORDER TO RECEIVE THE PRODUCTS AND/OR SERVICES ORDERED. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY Internovations IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT HTTPS://WWW.INTERNOVATIONS.COM. IF YOU FAIL TO PROVIDE Internovations ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT Internovations MAY CONTINUE CHARGING YOU FOR ANY PRODUCT PROVIDED UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR SUBSCRIPTION FOR SUCH PRODUCT (CONFIRMED IN WRITING UPON REQUEST).
If Internovations does not receive payment from Your Payment Method Provider, you agree to pay all amounts due on Your Billing Account upon demand.
If the amount to be charged to Your Billing Account varies from the amount you preauthorized, you have the right to receive, and Internovations shall so provide, notice of the amount to be charged and the date of the charge at least 10 days before the scheduled date of the transaction. Any agreement you have with the Payment Method Provider will govern Your use of Your Payment Method. You agree that Internovations may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
Internovations MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (CONFIRMED IN WRITING UPON REQUEST) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE Internovations REASONABLY COULD ACT.
Your non-termination or continued use of the Products/Service on Your Billing Account reaffirms that Internovations is authorized to charge Your Payment Method. Internovations may submit those charges for payment and you will be responsible for such charges. Those submissions will not waive Internovations's right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially ordered the applicable Product.
The amount due to Internovations for Your Billing Account must be paid in full by Your Payment Method Provider on the date such payment is requested by Internovations, not later than 30 days after the billing date; you are not entitled to carry forward a balance. You agree to pay late charges that may be assessed by Internovations on amounts due but not timely paid. The late charge will be 2% per month (or 24% per annum) on the total amount due but not paid; but if such rate is in excess of any allowable rate under applicable laws, then you will instead be charged the maximum rate that is permitted by law. Internovations reserves the right to refer Your Billing Account to a third party for collection in the event of default. You agree to pay all costs incurred in the enforcement of these Terms of Use and in collection of any delinquent amounts due, including reasonable attorneys' fees and costs.
If Internovations does not receive payment for any charge to Your Billing Account, you will be in default and Internovations may suspend or cancel Your Billing Account and Your access to any or all Internovations Products and Services. If Your Payment Method Provider seeks return of payments previously made to Internovations, but Internovations in good faith believes that you are liable for the charge and applicable law allows the Payment Method Provider to seek payment from you, you will also be in default and Internovations may cancel Your Billing Account and Your access to any or all Products. CANCELLATION OR SUSPENSION FOR DEFAULT MAY BE MADE WITHOUT PRIOR NOTICE TO YOU AND UPON SUCH CANCELLATION OR SUSPENSION, Internovations MAY STOP DELIVERY OF ANY PRODUCT, AND ANY INFORMATION YOU HAVE STORED ON OR IN AN INTERNOVATIONS SERVICE AND MAY NOT BE RETRIEVED AT A LATER DATE.
Internovations may, in its discretion, terminate, cancel, or suspend an accepted order if Internovations is notified that Your Payment Method has expired or has been canceled, or if Internovations has reason to believe that any Billing Account information provided to Internovations is untrue, inaccurate, not current or incomplete. Termination, cancellation or suspension, whether by you or Internovations, will not alter Your obligation to pay all charges made to Your Billing Account before such termination, cancellation or suspension (including charges made after termination by you but before Internovations could reasonably act on Your termination notice ). Subject to any withdrawal right you may have under applicable law, You will not be entitled to any refunds upon termination, cancellation or suspension unless these Terms of Service or the cancellation policy on the cancellation policy page of the INTERNOVATIONS website expressly so provides.
In the event that Internovations terminates Your INTERNOVATIONS account or one or more of Your INTERNOVATIONS SERVICES for violation of these Terms of Service or the Additional Terms, You will not be entitled to the return of any fees paid with respect to any such terminated account service. Except as otherwise required by law, the costs of any returns if permitted will be at Your expense.
You represent and warrant that you are an individual (or in the case of an entity, an agent of the entity) authorized to use the designated Payment Method. You agree to pay for all charges (including charges by other persons) and to comply with Your responsibilities and obligations as stated in these Terms of Service. If you are an agent of an entity user, you represent and warrant that you are duly authorized to legally bind the entity to all terms and conditions of these Terms of Service and that you have made the entity aware of them. You agree not to assign, transfer or sublicense any rights in Your Billing Account.
You acknowledge that if You cancel any subscriptions to a INTERNOVATIONS service that You may not be entitled to a refund of all or part of amounts already paid by You for such INTERNOVATIONS subscription. You agree that (a) INTERNOVATIONS's cancellation policy will be posted on the INTERNOVATIONS Web site and may be changed from time to time by INTERNOVATIONS in its sole discretion and (b) the cancellation policy posted at the time you cancel Your subscription shall govern the amount of the refund (if any) due to you.
Internovations may change any of the INTERNOVATIONS services at any time and from time to time without notice, including terminating the offering of any INTERNOVATIONS service altogether.
Internovations may terminate Your account, Your access to INTERNOVATIONS or any of Your INTERNOVATIONS SERVICES (in whole or in part) at any time, with or without cause, and with or without notice. You may be barred from accessing any of Your INTERNOVATIONS services or from using any INTERNOVATIONS SERVICES or from receiving any products, services or benefits from INTERNOVATIONS, if Internovations determines You have violated these Terms of Service or any Additional Terms, if You have failed to remit any applicable subscription fees when due, if any representation or warranty made by You is untrue in any respect or if Internovations receives a court order or other legal action relating to Your account. In addition, if You violate any of these Terms of Service, or any applicable Additional Terms You will forfeit all in- kind credits and any other amounts accruing to You (if any) in connection with any INTERNOVATIONS SERVICES and there will be no refund of any fees prepaid by You. If You subscribe to a INTERNOVATIONS service which is made up of two or more individual services and You violate the Terms of Service applicable to one of such individual services, (1) Your use of the particular individual service will be terminated, but the remaining services will remain active and (2) there will be no refund (in whole or in part) of Your annual fee for the INTERNOVATIONS SERVICE terminated. You will be responsible for all fees incurred during Your subscription and payment of such fees shall be due immediately upon termination of Your subscription.
Software (if any) that is made available to download from or otherwise used through any INTERNOVATIONS SERVICE, excluding software that may be made available by third parties via INTERNOVATIONS, ("Software") is the copyrighted work of Internovations and/or its suppliers. Your use of the Software is governed by these Terms of Service, and the applicable Additional Terms, and the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). To the extent that the License Agreement conflicts with the Terms of Service or Additional Terms, the terms of the License Agreement shall govern Your use of the Software. You may not install or use any Software that is accompanied by or includes a License Agreement unless You first agree to the License Agreement. For any Software not accompanied by a license agreement, Internovations, LLC hereby grants to You, the user, a personal, non-exclusive, non-transferable license to use the Software for viewing and otherwise using the particular INTERNOVATIONS Web Site or INTERNOVATIONS service in accordance with the License Agreement, the Terms of Service and Additional Terms and for no other purpose. In addition, You shall keep intact all and may not alter any copyright and other proprietary notices contained in such Software. All Software is owned by Internovations and/or its suppliers, and is protected to the maximum extent permitted by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Persons violating the foregoing, or who otherwise misappropriate any intellectual property or proprietary rights related to the Software may be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCING THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. YOU MAY NOT DECOMPILE, DISASSEMBLE, REVERSE ENGINEER OR OTHERWISE ATTEMPT TO DISCOVER ANY TRADE SECRET CONTAINED IN ANY SOFTWARE PROVIDED HEREUNDER. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions.
The information, software, products, services and other material included in or available through any INTERNOVATIONS SERVICE may not be complete, and may include inaccuracies or errors, and may also be modified, discontinued or deleted from time to time without notice. Advice, information, products, services or other materials received via any INTERNOVATIONS SERVICE should not be relied upon for personal, medical, legal, business, financial or other decisions and is not intended to replace the advice of appropriate and qualified professionals. You acknowledge that You should consult an appropriate professional for specific advice tailored to Your situation.
Your access to and use of any INTERNOVATIONS SERVICE, and products and services of INTERNOVATIONS, is at Your own risk. Internovations makes no guarantees of any kind regarding the dependability, accuracy, security, timeliness or availability of the INTERNOVATIONS Network, or such products or services. Without limiting the foregoing, NEITHER Internovations NOR ITS RESPECTIVE SUPPLIERS MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE CONDITION, SUITABILITY, RELIABILITY, AVAILABILITY, COMPLETENESS, SECURITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND MATERIALS CONTAINED IN INTERNOVATIONS FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. Internovations AND ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL Internovations OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION:
Without limiting the foregoing, Internovations is not responsible for any of Your data residing at Internovations and/or on INTERNOVATIONS SERVICE hardware or systems, including such hardware or systems provided to Internovations by third parties. You are responsible for maintaining and backing-up Your data and information that may reside on the Internovations or INTERNOVATIONS hardware or systems, including such hardware or systems provided to Internovations by third parties, whether or not such information is produced through the use of INTERNOVATIONS, including any information regarding the operation or use of Your Web site, catalogs, lists, order records, and other information You are providing or using in connection with Your use of the INTERNOVATIONS Network. It is Your responsibility to take the necessary steps to ensure Your primary means of business is maintained. Internovations will not be liable for any damage, loss or disclosure of data, accounts, revenue or business arising out of or otherwise related to: (a) Your use of any INTERNOVATIONS SERVICE; (b) Your customers' use of Your Web site hosted by or created through INTERNOVATIONS and Your products and services; (c) use of any INTERNOVATIONS SERVICE by any other party to whom You have given access to Your company information for use of any INTERNOVATIONS SERVICE; (d) errors, bugs or other defects in any INTERNOVATIONS SERVICE; (e) lost company, customer or vendor information (e.g., billing information, credit card numbers, lost orders, etc.); (f) illegal or criminal activities, including but not limited to reliance on any information obtained on the INTERNOVATIONS Web Hosting service; or (g) or that result from mistakes, omissions, interruptions, deletion of files or e-mail, loss of or damage to data, errors, defects, viruses, delays in operation, or transmission, or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to Internovations's records, programs or services. You are solely responsible for maintaining and backing-up any information regarding the operation or use of Your Web site, catalogs, lists, order records, and other information You are providing or using in connection with Your use of any INTERNOVATIONS SERVICE.
Internovations is not liable for Your actions with Your customers or vendors, or the use of their information, or for any other actions arising from Your use, or the use of other parties to whom You have given access to Your INTERNOVATIONS information, through the use of any INTERNOVATIONS SERVICE.
Internovations is not involved in any transaction between You and Your buyer or seller or other third parties with whom you may have transactions through Your Web site or between You and any user of any products or services offered or provided by You or by a third party through any INTERNOVATIONS SERVICE. Internovations is not responsible for screening, censoring or otherwise controlling Your Web Site, or any listings or transactions offered or conducted via Your Web Site. You are deemed to have a direct commercial relationship with each third party that purchases goods or services from or undertakes any other transaction with You via Your Web site or through INTERNOVATIONS. Internovations is not acting as Your or any third party's agent in connection with the operation of INTERNOVATIONS. You are solely responsible for: (a) processing customer orders or other transactions; (b) verifying the validity of incoming customer orders before finalizing the order; (c) informing customers of the status of such orders or transactions; (d) providing all customer support related to such orders or transactions (e.g., lost orders, billing disputes, payments, etc.); and, (e) determining, collecting and remitting to the appropriate authority all taxes (if any) arising from or related to such orders or transactions. Further, because Internovations is not involved in any orders or other transactions between You and other users of INTERNOVATIONS or other marketplace forums, Internovations cannot and will not be involved in resolving any disputes relating to any completed or uncompleted transactions or the purchase or sale of listed goods or otherwise.
Internovations reserves the right to deny in its sole discretion any user access to INTERNOVATIONS or any portion thereof without notice.
You are responsible for safeguarding the confidentiality of Your account information (including password(s) and user name(s) issued to You) and for any use or misuse of Your account or the INTERNOVATIONS SERVICE resulting from any third party using a password or user name issued to You. You agree to notify Internovations immediately of any known or suspected unauthorized access to or use of Your account, Your password, the password of any individual user to whom You have issued a login ID or any other breach of security or misuse of the INTERNOVATIONS SERVICE known to or suspected by You. You may change Your password at any time by following instructions on the INTERNOVATIONS Web site.
You hereby authorize Internovations to rely on any data, notice, instruction or request furnished by You to Internovations, or that Internovations reasonably believes to have been furnished by You. You are solely responsible for maintaining the confidentiality of Your account information and monitoring usage of Your account. Internovations is not responsible for fraud of participants or of other users of Your account.
If any part of these Terms of Service or the Additional Terms 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 these Terms of Service and the Additional Terms shall continue in effect.
Unless otherwise specified herein, these Terms of Service, the Additional Terms and the Privacy Statement constitute the entire agreement between the user and Internovations with respect to any INTERNOVATIONS SERVICE and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Internovations with respect to all INTERNOVATIONS SERVICES.
Internovations is not obligated to monitor the content on INTERNOVATIONS. Internovations reserves the right to disclose any information, content, or materials as necessary to satisfy any applicable law, regulation, legal process or government request or in accordance with Internovations's Privacy Statement. Internovations reserves the right to edit, refuse to post or to remove any information, content, or materials, in whole or in part, from the INTERNOVATIONS Web sites, in Internovations's sole discretion, without notice at any time.
Any rights not expressly granted herein are reserved by Internovations, including all legal and equitable remedies available to Internovations or violation of any of these Terms of Service.
All contents of any INTERNOVATIONS SERVICE are: Copyright (c) 1999 - 2010 Internovations, LLC. All rights reserved.
INTERNOVATIONS is either a trademark or registered trademark of Internovations, LLC. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
Updated: April ,2010