YOUR USE OF THE SITE
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Site. You may display and electronically copy, download and print hard copy portions of the material contained on the Site for your own non-commercial use, provided that you do not modify or delete any copyright, trademark or other proprietary notices. Any other use of materials on the Site, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the content of this Site, without the prior written permission of Inc Design, is prohibited.
Any material you download, including but not limited to software, files, graphics, data or any other content, (“Content”) is owned by Inc Design or its third party providers. When you download these materials, they are provided to you by Inc Design under a license that is revocable at any time, with or without cause. Inc Design retains full and complete title to the software and to all of the associated intellectual property rights contained on the Site. You may not redistribute or sell the material, nor may you reverse engineer, disassemble or otherwise convert it to any other form usable by humans.
As a condition of your use of this Site, you warrant to Inc Design that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions. Whether on behalf of yourself or on behalf of any third party, unless you have the express prior written consent of Inc Design, YOU MAY NOT:
(a) make any commercial use of the Site or its Content;
(b) download, copy, or transmit any Content for the benefit of any other merchant;
(c) use or attempt to use any engine, software, tool, agent, data, or other device or mechanism (including browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Site;
(d) frame, mirror, or use framing techniques on any part of the Site;
(e) make any use of data extraction, scraping, mining, or other data gathering tools, or create a database by systematically downloading or storing Site content, or otherwise scrape, collect, store, or use any Content, except pursuant to the limited license granted by these Terms and Conditions;
(f) use any meta tags or any other hidden text utilizing Inc Design’s name or trademarks;
(g) misrepresent the identity of a user, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site, or express or imply that we endorse any statement you make;
(h) conduct fraudulent activities on the Site;
(i) violate or attempt to violate the security of the Site, including, without limitation: (i) accessing data not intended for you or logging onto a server or an account that you are not authorized to access; (ii) trying to change the functionality of the Site; (iii) attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures; (iv) attempting to interfere with service to any user, host, or network, including, without limitation, via means of submitting malware to the Site, overloading, “flooding,” “spamming,” “mailbombing,” or “crashing”; (v) forging any header or any part of the header information in any e-mail or posting; or (vi) forging communications on behalf of the Site (impersonating the Site) or to the Site (impersonating another user);
(j) send unsolicited or unauthorized email on behalf of Inc Design, including promotions and/or advertising of products or services;
(k) tamper with the Site or use or attempt to use any device, software, routine, or data that interferes or attempts to interfere with the working or functionality of the Site or any activity being conducted on the Site;
(l) use the Site to defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others, including others’ privacy rights or rights of publicity;
(m) harvest or collect personally identifiable information about other users of the Site;
(n) restrict or inhibit any other person from using the Site (including, without limitation, by hacking or defacing any portion of the Site);
(o) use the Site to advertise or offer to sell or buy (other than from Inc Design) any goods or services;
(p) reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes any portion of, use of, or access to the Site; or
(q) create a hypertext link to any page or portion of this site without the prior written permission of Inc Design, and Inc Design reserves the right to disable links from third-party sites to this website.
INC DESIGN MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT. THIS SITE AND THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS IN THIS SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, INC DESIGN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. INC DESIGN DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. INC DESIGN DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. IN ADDITION TO THE ABOVE, YOU (AND NOT INC DESIGN) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
IN CERTAIN STATES, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT SHALL INC DESIGN BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER (INCLUDING LOST PROFITS), EVEN IF INC DESIGN HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless Inc Design, its officers, directors, employees, agents, licensors and third party suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees and court costs, resulting from any violation of these terms and conditions or any activity related to your account (including, but not limited to, negligent or wrongful conduct), by you or any other person accessing the Site using your User ID and password.
LINKS TO OTHER SITES
This Site may provide access to other World Wide websites. Inc Design does not control these sites, and you access them solely at your own risk. Inc Design also does not endorse or approve any products or information offered at sites you reach through this Site. Check the Uniform Resource Locator (URL) address provided in your WWW browser to determine if you are still in this Inc Design Site or have moved to another website.
You acknowledge and agree that if you send any unsolicited materials or ideas to Inc Design using contact information provided on the site, you will be provided no additional consideration of any sort and you are granting Inc Design a perpetual, worldwide, irrevocable, non-exclusive, royalty-free license to use, download, reproduce, modify, distribute, publish, transfer, license, display, adapt and otherwise exploit any and all such materials and ideas in all media now known or hereafter devised. You also agree that you are waiving any claim of any nature against Inc Design in connection with such materials and ideas, including without limit for any alleged or actual infringement of any proprietary, privacy, publicity, attribution and other moral rights in connection with such unsolicited communication.
Any claim relating to the website or your use of it shall be governed by the internal substantive laws of the State of New York, without regard to its conflict of laws provisions, and you agree that jurisdiction and venue in any legal proceeding directly or indirectly arising out of or relating to this Site shall be in the state or federal courts located in New York, New York.
TERMINATION OF THIS AGREEMENT
This agreement is effective until terminated by either party. You may terminate the agreement at any time, by destroying all materials obtained from this Site, along with all related documentation and all copies and installations. Inc Design may terminate this agreement at any time with or without cause.
If any provision of this agreement is unlawful, void or unenforceable, the remaining provisions of the agreement will remain in place. This is the entire agreement between you and Inc Design regarding all aspects of your use of this Site. You agree that Inc Design would be irreparably harmed by the use, by you or others, of the Site in violation of these Terms and Conditions and that Inc Design is entitled to obtain injunctive relief against any such transmission (in addition to all other remedies available at law or in equity).
If you have any concerns about your use of the Site, please contact us at firstname.lastname@example.org with a detailed description, and we will try to resolve it.