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Terms of Service
The
following describes the terms under which we offer our
services to you. By using this site in any manner, you are
agreeing that you understand and are bound by these terms.
You furthermore agree to be bound by all applicable laws and
all applicable regulations that govern this site. This
Agreement (the "Agreement") sets forth the terms and
conditions governing your use of InnotekDirect.com, the
InnotekDirect Service, InnotekDirect technology and
InnotekDirect content, hence forth collectively referred to
as InnotekDirect. The Agreement of Use is an important
document. InnotekDirect mandates that each member and user
reads the Agreement of Use Policy and all other policies
posted on this site.
SITE CONTENT
This site contains images, illustrations, photographs,
trademarks, designs and text, collectively referred to as
content. This content is the property and intellectual
property of InnotekDirect, its affiliates, subsidiaries, and
the manufacturers listed. The content may not be copied or
altered. The content may be protected by copyright or
trademark, and may not be reproduced. Any attempt or act to
do so is subject to the laws and jurisdictions that protect
such an act.
SITE LINKS
InnotekDirect may have links to or have links from other
sites. Users of InnotekDirect understand and agree that they
use these links at their own risk. InnotekDirect is not
responsible for any content within any link on the site.
Users agree that InnotekDirect offers no guarantees as
regards content, accuracy, legality or offensiveness related
to any link on this site. Users of InnotekDirect agree that
they will not hold InnotekDirect, its affiliates,
subsidiaries or employees responsible, or bring any claim
against them for damages, losses, or whatsoever resulting
from a link to another site.
PRICES AND SITE CONTENT
InnotekDirect offers all products on this site for Internet
purchase. All prices, descriptions, pictures, content,
availability and inventory are subject to change at any
time. InnotekDirect is not responsible for any inaccuracies
of prices, descriptions, pictures, typographical or
photographic errors in content. Prices, descriptions,
pictures and content are subject to change at any time and
without notice. InnotekDirect reserves the right to limit
and or refuse sales at its own discretion.
PAYMENT
In return for use of the InnotekDirect services or the
purchase of products, you agree to pay all fees and charges
as posted on the InnotekDirect web site. InnotekDirect will
bill the credit card, and that credit card number, which you
provide. If InnotekDirect does not receive payment from the
card issuer, you agree to pay InnotekDirect all amounts due
upon demand of InnotekDirect or its agents. You agree and
allow InnotekDirect to take any commercially available
actions to validate your credit card. You understand and
agree that, if timely payment of all amounts due for any
services which you have agreed to purchase is not received,
InnotekDirect may, in its sole discretion, restrict or
terminate your use of the InnotekDirect service.
UNAUTHORIZED CREDIT CARD USAGE
You understand and agree to notify InnotekDirect immediately
if you suspect any unauthorized use of the InnotekDirect
service, or any unauthorized use of your credit card. In the
event of an unauthorized use of your credit card, you must
notify your credit card provider in accordance with its
reporting rules and procedures.
SECURITY and INTEGRITY
You agree not to, or assist in, illegally accessing any
computers, accounts, or networks of InnotekDirect or any
InnotekDirect Affiliate.
You agree not to attempt to penetrate InnotekDirect security
measures. This includes what is referred to as hacking, to
conduct a port scan, to conduct stealth scan, or to in any
way scan any InnotekDirect computer or InnotekDirect
affiliate computer for any purpose.
You agree not to gather information, or assist in the
gathering of information, for the intent of a system
penetration, or upload to InnotekDirect.
You agree not to penetrate or assist in the penetration of
InnotekDirect and its affiliates, or send through
InnotekDirect, or cause to have InnotekDirect host or
distribute any Internet viruses, worms, Trojan horses, other
harmful code, pinging, flooding, mail bombing or
denial-of-service attacks.
You agree not to, or assist in any way to, disrupt the use
of, or interfere with, the ability of others to effectively
use a InnotekDirect service or any connected network,
system, service or equipment.
VIOLATION of the TERMS OF USE
You understand and agree that in InnotekDirect's sole
discretion, and without prior notice, InnotekDirect, if it
believes you have violated any portion of this Terms of Use
agreement, any law associated with the use, copyright,
trademark, patents, whatsoever, may report such to the
proper authority and jurisdiction. InnotekDirect may in its
sole discretion release any user information if required by
law, subpoena, or to otherwise address any unlawful and or
harmful activity.
PRIVACY OF SITE
InnotekDirect believes in the privacy of all users of this
site. We urge our users to review our Privacy Statement.
InnotekDirect reserves the right to share any user
information with our affiliates.
DISCLAIMERS
InnotekDirect makes no warranties or guarantees as regards
the accuracy of any content of this site. InnotekDirect
makes no warranties or guarantees as regards links or times
of use of this site. This site and its content are delivered
on an "as-is" and "as-available" basis. InnotekDirect makes
no warranties or guarantees that this site is free of
viruses or contamination or destructive features.
InnotekDirect disclaims all warranties, express or implied,
including also any implied warranties of merchantability and
fitness for a particular purpose. InnotekDirect will not be
liable for any damages of any kind arising from the use of
this site or products sold on this site, including without
limitation, direct, indirect, incidental, punitive and
consequential damages.
InnotekDirect warrants that, if a member is dissatisfied in
any way with the InnotekDirect service, products,
technology0 or content, your sole and exclusive remedy for
such is to not use the InnotekDirect.com web site.
DISPUTES
This site is operated by InnotekDirect, the parent company
being a Colorado corporation. If there is any dispute about
or involving the site, by using the site, you agree that the
dispute will be governed by the laws of the State of
Colorado without regard to its conflict of law provisions.
You agree to personal jurisdiction by and venue in the state
and federal courts of the State of Colorado, County of
Jefferson.
INDEMNIFICATION
YOU AGREE TO INDEMNIFY INNOTEKDIRECT.COM AND HOLD
INNOTEKDIRECT, ITS SUBSIDIARIES, AFFILIATES, OFFICERS,
AGENTS, AND OTHER PARTNERS AND EMPLOYEES,
HARMLESS FROM (1) YOUR USE OF INNOTEKDIRECT.COM IN A WAY
THAT IS PROHIBITED OR RESTRICTED UNDER THIS AGREEMENT; (ii)
INFRINGEMENT OF ANY COPYRIGHT, TRADEMARK, INTELLECTUAL
PROPERTY, OR OTHER RIGHT OR PATENT; (iii) ANY BREECH BY YOU
OF THIS AGREEMENT; (iv) LINKS TO OTHER SITES; (v) ANY LOSS
OR DAMAGES, INCLUDING THOSE FROM PRODUCTS PURCHASED PN THIS
SITE, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT,
PUNITIVE AND CONSEQUENTIAL DAMAGES.
THIS SECTION APPLIES TO ALL CLAIMS BY YOU IRRESPECTIVE OF
THE CAUSE OF ACTION UNDERLYING YOUR CLAIM, INCLUDING BUT NOT
LIMITED TO BREACH OF CONTRACT (EVEN IF IN THE NATURE OF A
BREACH OF CONDITION OR A FUNDAMENTAL TERM OR A FUNDAMENTAL
BREACH), OR TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE,
STRICT LIABILITY, FRAUD, MISREPRESENTATION, AND/OR
OTHERWISE.
INNOTEKDIRECT.COM MAY PROVIDE LINKS TO OTHER WEB SITES OR
RESOURCES. YOU ACKNOWLEDGE AND AGREE THAT INNOTEKDIRECT.COM
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 ALSO AGREE THAT INNOTEKDIRECT.COM 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 SUCH EXTERNAL THIRD-PARTY
SITES.
MISCELLANEOUS
This Agreement shall be governed by and construed in
accordance with U.S. federal and Colorado laws. Any law or
regulation that provides that the language of a contract
shall be construed against the drafter shall not apply to
this Agreement. You agree to submit to the exclusive
jurisdiction of the federal and state courts of the state of
Colorado. If local laws prohibit your participation in any
part of the 501Webs service, or use of them, then you are
responsible for complying with such laws and the terms of
this Agreement.
The section titles in this Agreement are solely used for the
convenience of the parties and have no legal or contractual
significance.
If any provision(s) of this Agreement is held to be contrary
to law, then such a provision(s) shall be construed, as
nearly as possible, to reflect the intentions of the parties
with the other provisions remaining in full force and
effect. |