Terms
Effective as of February 15, 2024
- SCOPE OF THIS POLICY
Welcome to Infinite Commerce, Inc. (also referred to herein as “Infinite Commerce,” “we,” “us,” or “our”). This Terms of Service (this “TOS”) applies to https://www.infinitecommerce.com/ and all other websites owned and operated by Infinite Commerce where this TOS is posted, and any programs, services, tools, materials or information available through the websites or used in connection therewith (collectively, the “WebSite”),
- AGREEMENT TO TERMS
YOU SHOULD CAREFULLY READ THIS TOS AS IT GOVERNS YOUR ACCESS TO AND USE OF THE WEBSITE. BY ACCESSING OR OTHERWISE USING THE WEBSITE, YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN. IF AT ANY TIME YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS TOS, THEN YOU SHOULD IMMEDIATELY LEAVE THE WEBSITE.
This TOS may be amended at any time by Infinite Commerce without specific notice to you. The latest TOS, with its effective date, will be posted on the WebSite, and you should review this TOS prior to each use of the WebSite.
The WebSite is not directed at users under the age of 13. If you are under the age of 13, you are not permitted to use the WebSite.
- LICENSE GRANT
Infinite Commerce grants to you a personal, revocable, limited, non-exclusive, royalty-free, non-transferable license to use the WebSite and certain programs, services, tools, materials, or information made available through or from the WebSite, conditioned on your continued compliance with the terms and conditions of this TOS. This TOS permits you to use and access the WebSite on a single laptop, workstation, or computer and from the Internet or through an on-line network for personal purposes only in accordance with this TOS. You may also load information from the WebSite into your laptop’s, workstation’s, or computer’s temporary memory (RAM) and print and download materials and information from the WebSite solely for your personal use in accordance with this TOS, provided that you do not in any way modify, change, or delete the copyright, trademark or other applicable notices contained in such materials and information. If you are using the WebSite on behalf of a company or other form of entity, please note that such company or entity may have a separate agreement with us regarding access and usage privileges for the WebSite. Nevertheless, your personal use of the WebSite will be subject to the obligations and restrictions as set forth in this TOS.
- RESTRICTIONS
The license described herein is limited. In addition to any other restrictions set forth herein, when you use the WebSite, you may NOT do any of the following:
– modify, translate, decompile, create any derivative work(s) of, copy, store, reproduce, display, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, commercially exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein, the WebSite or any data provided by us through the WebSite;
– use any “deep link,” “page scrape,” “robot,” “spider,” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the WebSite or in any way reverse engineer, reproduce or circumvent the structure or presentation of the WebSite to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the WebSite;
– violate any laws, rules or regulations or violate or infringe upon our intellectual property rights or the intellectual property rights of others;
– harass, abuse, insult, harm, defame, slander, disparage, intimidate, discriminate or otherwise violate the legal rights of others;
– collect or track the personal information of others;
– interfere with, circumvent, or tamper with the security features of the WebSite; and
– impersonate another individual or entity, or otherwise misrepresent your identity.
- PRODUCTS
Prices for our products are subject to change without notice, and may differ across different platforms. The descriptions, images, colors, content, and specifications of our products on the WebSite are provided for convenience purposes only and may occasionally contain inaccuracies, omissions or typographical errors. We reserve the right to modify or update any information on the WebSite at any time without notice. We may limit sales of our products to certain geographic regions. All products sold on the WebSite are subject to availability. We may, in our sole discretion, limit or cancel quantities purchased. By placing an order, you represent that the products ordered will be used only in a lawful manner.
- ACCOUNT / USER REVIEWS
You may have the option to create an account with us when purchasing products from the WebSite. For more information on how we use your information, please see our Privacy Policy. You may not create an account if you are under the age of 18. Your username and password are for your personal use only and should not be shared with others. You are responsible for all activities that occur under your account. We reserve the right, in our sole discretion, to terminate your account at any time.
You may be asked or allowed to submit and/or post reviews, comments, photos, and other communications (“User Content“) on the WebSite or through social media or other channels. For all User Content that you submit or post, you must own the rights to or have the right to use such User Content. You acknowledge and agree that all User Content: (i) will be accurate, (ii) will not infringe upon any third-party rights, including intellectual property rights, (iii) will not violate any law, rule or regulation, and (iv) will not contain, or provide links to, obscene, profane or threatening language, malware, political campaigning, commercial solicitation, chain letters, mass mailings, any form of “spam”, or any material that could be considered harmful, sexually explicit, indecent, lewd, violent, abusive, or degrading.
You retain ownership of any intellectual property rights that you hold in any User Content that you submit or post. You grant us a non-exclusive, fully-paid, royalty-free, perpetual license to use, host, store, reproduce, modify, edit, copy, translate, create derivative works, display, and distribute in any manner and in any medium any User Content you submit or post to or through the WebSite or otherwise provide to us.
We may edit, modify, or delete any User Content for any reason with or without notice.
- LINKS
We may from time-to-time provide links to third-party websites or platforms (“Third-Party Links”) for information or convenience. If you click on or use any of these Third-Party Links, you will be directed away from the WebSite. We do not control or maintain the material presented by any Third-Party Links or other companies. The inclusion of any Third-Party Link on the WebSite does not imply any association or relationship between us and the person or entity associated with the Third-Party Links and does not constitute or imply any endorsement, approval or sponsorship by us of the Third-Party Links, or the endorsement, approval or sponsorship of us by the owner and/or operator of the Third Party Links. The Third-Party Links do not imply legal authority to use any protected rights of others reflected in the Third-Party Links. We do not vouch for or assume any responsibility for the content, accuracy or completeness of material presented directly or indirectly in or on any Third-Party Links.
- NO WARRANTY
The information presented on the WebSite is provided “as is” without representation or warranty of any kind as to suitability, reliability, applicability, merchantability, fitness, noninfringement, result, outcome or any other matter. We do not represent or warrant that information is or will be always up-to-date, complete, or accurate. Any representation or warranty that might be otherwise implied is expressly disclaimed.
All WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. NEITHER WE NOR OUR AFFILIATED PARTIES SHALL BE LIABLE FOR ANY COMPENSATORY, PUNITIVE, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, PRODUCT LIABILITY OR OTHERWISE, NOR FOR ANY THIRD-PARTY CLAIMS OF ANY NATURE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. NO ADVICE OR INFORMATION, IF ANY, WHETHER ORAL OR WRITTEN, YOU OBTAIN FROM US OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE UNLESS OTHERWISE EXPRESSLY STATED IN THIS TOS.
You agree that we are not liable to you or others, in any way or for any damages of any kind or under any theory, arising from the WebSite, or your access to or use of or reliance on the information in or through the WebSite or any Third-Party Links, including but not limited to liability or damages under contract or tort theories or any damages caused by viruses contained within electronic files of the WebSite or any Third-Party Link, regardless of prior notice to us.
- INDEMNIFICATION
You agree to indemnify, defend and hold us, our affiliates and subsidiaries and our respective directors, officers, shareholders, employees, agents, attorneys, advertisers, subsidiaries and assigns (collectively, ” Affiliated Parties”) harmless from any liability, loss, claim or expense, including reasonable attorneys’ fees, related to your use of the WebSite or violation of this TOS.
- INTELLECTUAL PROPERTY
Unless otherwise noted, all materials, including but not limited to, images, illustrations, designs, icons, photographs, video clips, software, and written and other materials that are part of the WebSite are protected under copyright laws and are the trademarks, trade dress and/or other intellectual properties owned, controlled, licensed, or are able to be used by us. The copying, redistribution, use or publication by you of any such matters or any part of the WebSite, except as expressly provided for herein, is strictly prohibited.
No part of the WebSite materials may otherwise be copied, reproduced, stored, republished, uploaded, posted, transmitted, or distributed in any form or by any means, electronic or mechanical, now known or hereafter invented, without the prior written permission from us.
- GENERAL TERMS
The language in this TOS shall be interpreted as to its fair meaning and not strictly for or against you or us. You expressly submit to the exclusive personal jurisdiction and venue of the Superior Court of Los Angeles County and the United States District Court for the Central District of California with respect to all matters relating to this TOS or your use of the Web Site, and consent to extra-territorial service of process in connection therewith. Should any part of this TOS be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. Except as otherwise expressly provided for herein, to the extent that anything in or associated with the WebSite is in conflict or inconsistent with this TOS, this TOS shall prevail. Our failure to enforce any provision of this TOS shall not be deemed a waiver of such provision nor of the right to enforce such provision.
- ACCESSIBILITY
We strive to provide individuals with disabilities equal access to our products and services, including through an accessible website. If you have questions, comments, or encounter any difficulty in using our site, please contact sayhello@infinitecommerce.com or call us at (800) 251-9703 and we will be happy to assist you.
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