This is the
official Terms of Use Agreement ("Agreement") for
ingatheringonline.com, inphaders.com, and ingmco.com, Internet/Intranet websites ("Site,"
"we," "us," or "our") offered by Ingathering Marketing Company,
Inc. (further referred to as ING). This Privacy Policy governs
only the personally identifiable information ("Personal
Information") collected by this Site and does not cover any such
information collected in any other manner or for any other
purpose, by any other method by ING or their corporate
affiliates, or any other company, unless specifically stated.
This Site is offered and made available only to users 13 years
of age or older who reside in the United States of America. If
you are not yet 13 years old, or do not reside in the United
States, please discontinue using the Site immediately, or if for
any reason, you do not agree with all of the terms and
conditions contained in this agreement, please discontinue using
the Site immediately because by using or attempting to use the
Site, you certify that you are at least 13 years of age and meet
any other eligibility and residency requirements of the Site.
These terms and conditions regarding your use of the Site
constitute a legally binding agreement between you and
ingatheringonline.com, inphaders.com, ingmco.com and ING. In this Agreement,
the term "Site" includes all websites and web pages within
ingatheringonline.com, inphaders.com, ingmco.com as well as any equivalent,
mirror, replacement, substitute or backup websites and web pages
that are associated with the Site. By using this Site, you
understand, acknowledge and agree that you will abide by the
terms of this Agreement and any additional terms that govern
certain products and services, which will be presented in
conjunction with those products and services ("Additional
Terms"). The Site may also provide rules of participation
("Rules") for certain activities and services including, but not
without limitation, contests and sweepstakes, award programs,
membership clubs, email, and dating services. The Site's
Additional Terms, Privacy Policy and the Rules are hereby
incorporated in this Agreement by reference. To the extent that
there is a conflict between this Agreement and Additional Terms
for the activity in which you choose to participate, the
Additional Terms shall govern. To the extent that there is a
conflict between this Agreement and the specific Rules for the
activity in which you choose to participate, this Agreement
shall govern. This Agreement will remain in full force and
effect as long as you are a user of the Site and in the event of
termination of any membership, service or feature, you will
still be bound by your obligations under this Agreement, the
Privacy Policy, any Additional Terms or Rules, including any
indemnifications, warranties and limitations of liability.
The words "use" or "using" in this Agreement, means any time an
individual (a "user"), directly or indirectly, with or without
the aid of a machine or device, does or attempts to access,
interact with use, display, view, print or copy from the Site,
transmit, receive or exchange data or communicate with the Site,
or in any way utilizes, benefits, takes advantage of or
interacts with any function, service or feature of the Site, for
any purpose whatsoever. This Agreement does not cover your
rights or responsibilities with respect to third party content
or sites or any links that may direct your browser or your
connection to third party sites or pages. This is the entire and
exclusive Agreement between you and us regarding use of the Site
and it cannot be modified, except as specifically described
below in Section 2.
1. REGISTRATION
We may require each user to have a unique user name and password
combination in order to access and use certain features or
functions of the Site and may also, from time to time, provide
users with additional codes or passwords necessary to access and
use certain features or functions of the Site. Please read our
Privacy Policy, which describes the personally identifiable
information ("Personal Information") we collect, use, disclose,
manage and store. As part of the registration process for the
feature or function, you will choose a user name and password
(or we may assign an initial password which we will give you the
option to change). Your user name and password are personal to
you and you may not allow any others to use your user name or
password under any circumstances. We are not liable for any harm
caused or related to the theft or misappropriation of your user
name or password, disclosure of your user name or password, or
your authorization of anyone else to use your user name or
password. You agree to immediately notify us if you become aware
of or believe there is or may have been any unauthorized use of
(or activity using) your user name or password or any other need
to deactivate your user name or password due to security
concerns.
2. MODIFICATIONS
We reserve the right, at any time and from time to time, for any
reason in our sole discretion, to change the terms of this
Agreement. We will post or display notices of material changes
on the Site and we may also e-mail you about these changes. Once
we post them on the Site, these changes become effective
immediately and if you use the Site after they become effective
it will signify your agreement to be bound by the changes. You
should check back frequently and review the terms and conditions
of this Agreement regularly so you are aware of the most current
rights and obligations that apply to you and the terms and
conditions of your agreement with us.
3. OWNERSHIP OF INTELLECTUAL PROPERTY
The contents of this Site, including all Site software, design,
text, images, photographs, illustrations, audio and video
material, artwork, graphic material, databases, proprietary
information and all copyrightable or otherwise legally
prosecutable elements of the Site, including, without
limitation, the selection, sequence and 'look and feel' and
arrangement of items, and all trademarks, service marks and
trade names (individually and/or collectively, "Material"), are
the property of ING, and their subsidiaries, affiliates,
licensors, suppliers, operational service providers,
advertisers, promotional partners, or sponsors and are legally
protected, without limitation, under U.S. Federal and State, as
well as applicable foreign laws, regulations and treaties.
Unless the context clearly requires otherwise or we explicitly
say so in writing, the term "Site" includes "Material" as well.
The Site is to be used solely for your noncommercial,
non-exclusive, non-assignable, non-transferable and limited
personal use and for no other purposes. You must not alter,
delete or conceal any copyright or other notices contained on
the Site, including notices on any Material you download,
transmit, display, print or reproduce from the Site. You shall
not, nor will you allow any third party (whether or not for your
benefit) to reproduce, modify, create derivative works from,
display, perform, publish, distribute, disseminate, broadcast or
circulate to any third party (including, without limitation, on
or via a third party website), or otherwise use, any Material
without the express prior written consent of ING or its owner if
ING is not the owner. Any unauthorized or prohibited use of any
Material may subject you to civil liability, criminal
prosecution, or both, under applicable federal, state and local
laws. We require users to respect our copyrights, trademarks,
and other intellectual property rights. We likewise respect the
intellectual property of others. On notice, we will act
expeditiously to remove content on the Site that infringes the
copyright rights of others and will disable the access to the
Site and its services of anyone who uses them to repeatedly to
infringe the intellectual property rights of others.
If you believe that the Site contains elements that infringe
your copyrights in your work, please follow our Notice and
Procedure for Making Claims of Copyright Infringement.
Notice and Procedure for Making Claims of Copyright
Infringement. Pursuant to Title 17, United States Code, Section
512(c)(2), all notifications of claimed copyright infringement
on this Site should be sent ONLY to our Designated Agent.
NOTE: THE FOLLOWING INFORMATION IS PROVIDED SOLELY FOR NOTIFYING
THE SERVICE PROVIDERS REFERENCED BELOW THAT YOUR COPYRIGHTED
MATERIAL MAY HAVE BEEN INFRINGED.
DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT
(e.g., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE,
REPORTS OR E-MAIL ABUSE, etc.) TO THE CONTACT LISTED BELOW. YOU
WILL NOT RECEIVE A RESPONSE IF SENT TO THAT CONTACT. WE CAUTION
YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT
ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL
PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND
ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY
COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR
RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO
CRIMINAL PROSECUTION FOR PERJURY.
Written notification must be submitted to the following
Designated Agent:
Ingathering Marketing Company, Inc. - Legal
Name of Agent Designated to Receive Notification of Claimed
Infringement:
Ingathering Marketing Company, Inc. - Legal
Full Address of Designated Agent to Which Notification Should be
Sent:
PO Box 488
Roseville, CA 95661-0488
Telephone Number of Designated Agent:
(888) 213-9359
Facsimile Number of Designated Agent:
(888) 250-2566
Email Address of Designated Agent:
legal@ingmco.com
Under Title 17, United States Code, Section 512(c)(3)(A), the
Notification of Claimed Infringement must include the following:
(1) An electronic or physical signature of the owner or of the
person authorized to act on behalf of the owner of the copyright
interest;
(2) Identification of the copyrighted work (or works) that you
claim has been infringed;
(3) A description of the material that you claim is infringing,
and the location where the original or an authorized copy of the
copyrighted work exists (for example, the URL of the page of the
website where it is lawfully posted; the name, edition and pages
of a book from which an excerpt was copied, etc.);
(4) A clear description of where the infringing material is
located on our website, including as applicable its URL, so that
we can locate the material;
(5) Your name, address, telephone number, and e-mail address;
(6) A statement that you have a good-faith belief that the
disputed use is not authorized by the copyright owner, its
agent, or the law; and
(7) 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.
4. ADVERTISING
From time to time, you may communicate with, receive
communications from, be re-directed to, interact with, or
participate in or use the services or obtain goods and services
of or from, third parties (collectively, the "Advertisers") such
as our advertisers, sponsors, or promotional partners as a
result of your use of the Site. All such communication,
interaction and participation is strictly and solely between you
and such Advertisers and we shall not be responsible or liable
to you in any way in connection with these activities or
transactions (including, without limitation, any
representations, warranties, covenants, contracts or other terms
or conditions that may exist between you and the Advertiser or
any goods or services you may purchase or obtain from any
Advertiser).
5. RULES OF CONDUCT
Your use of the Site is subject to all applicable local, state,
national laws and regulations and, in some cases, international
treaties. You are solely responsible for all activities, acts
and omissions that occur in, from, through or under your user
name or password. You shall not use, allow, or enable others to
use the Site, or knowingly condone use of this Site by others,
in any manner that is, attempts to, or is likely to:
be libelous, defamatory, indecent, vulgar or obscene,
pornographic, sexually explicit or sexually suggestive,
racially, culturally, or ethnically offensive, harmful,
harassing, intimidating, threatening, hateful, objectionable,
discriminatory, or abusive, or which may or may appear to
impersonate anyone else;
affect us adversely or reflect negatively on us, the Site, our
goodwill, name or reputation or cause duress, distress or
discomfort to us or anyone else, or discourage any person, firm
or enterprise from using all or any portion, features or
functions of the Site, or from advertising, linking or becoming
a supplier to us in connection with the Site;
send or result in the transmission of junk e-mail, chain
letters, duplicative or unsolicited messages, or so-called
"spamming" and "phishing";
be used for commercial or business purposes, including,
without limitation, advertising, marketing or offering goods or
services, whether or not for financial or any other form of
compensation or through linking with any other website or web
pages;
transmit, distribute or upload programs or material that
contain malicious code, such as viruses, timebombs, cancelbots,
worms, trojan horses, spyware, or other potentially harmful
programs or other material or information;
forge any TCP/IP packet header or part of the header
information in any email or newsgroup posting for any reason;
violate any laws, regulations (including, without limitation,
laws regarding the transmission of technical data or software
exported from the United States), judicial or governmental
order, any treaties or violate or infringe upon any intellectual
property rights, rights of publicity or privacy, or any other
rights of ours or of any other person, firm or enterprise; gain
unauthorized access to the Site, other users' accounts, names,
passwords, personally identifiable information or other
computers, websites or pages, connected or linked to the Site or
to use the Site in any manner which violates or is inconsistent
with the terms and conditions of this Agreement;
modify, disrupt, impair, alter or interfere with the use,
features, functions, operation or maintenance of the Site or the
rights or use and enjoyment of the Site by any other person,
firm or enterprise; or
collect, obtain, compile, gather, transmit, reproduce, delete,
revise, view or display any material or information, whether
personally identifiable or not, posted by or concerning any
other person, firm or enterprise, in connection with their or
your use of the Site, unless you have obtained the express,
prior permission of such other person, firm or enterprise to do
so.
6. SHOPPING
All e-commerce on the Site is brought to you by ING, an
operational service provider and affiliate under this Agreement.
All goods and services offered for sale on the Site ("Products")
are guaranteed by the manufacturer, licensor or distributor
against defects in material and workmanship for 30 days from the
date of the invoice. Within that time period, just contact
Customer Service and we will coordinate attempting to correct,
repair or replace the defective Product or, if applicable, in
obtaining a refund for you. We have no responsibility or
liability whatsoever for goods or services you may obtain from
or through other websites or web pages, even if you were
directed or linked to such a site or page through the Site, nor
are we responsible for assisting you in correcting any problem
you may experience with Products if you do not notify us within
the 30 day period noted above or for any goods or services not
obtained directly on the Site. You agree that your sole and
exclusive remedy and our sole, exclusive and maximum liability
arising from or relating in any way to any Product shall be the
amount you actually paid us (or our suppliers, operational
service providers, or other e-commerce partners) for it. EXCEPT
AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, WE EXPRESSLY
DISCLAIM ANY AND ALL LIABILITY ARISING FROM OR RELATING IN ANY
WAY TO ANY AND ALL PRODUCTS. EXCEPT AS SPECIFICALLY MADE IN
WRITING, WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND
WARRANTIES OF ANY AND EVERY KIND, EXPRESS OR IMPLIED, WITH
RESPECT TO ANY AND ALL PRODUCTS, INCLUDING, BUT NOT LIMITED TO,
AND ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A
PARTICULAR PURPOSE.
Products may be purchased while supplies last. If a Product is
listed at an incorrect price or with incorrect information, we
reserve the right to refuse or cancel orders placed for that
Product, whether or not the order has been confirmed and even if
your account has been charged (in which event we will issue a
credit to your account in the amount of the charge).
Our creation or transmission of an order confirmation does not
signify acceptance of your order, nor constitute a binding
confirmation of an offer to sell any Product and we reserve the
right to accept or decline your order for any reason up until
the time the Product is actually delivered to you. We reserve
the right at any time, without prior notice, to limit or reduce
the quantity you ordered of any Product and we will notify you
if we do so. All orders placed over $500.00 (U.S.) must obtain
pre-approval with an acceptable method of payment, as
established by our credit and authorization policies and
practices in effect at the time of your order. We may contact
you and require additional information from you before we grant
such pre-approval. Products on the Site are offered for sale
only to end user customers or as personal gifts to end user
customers and not for resale. We do not knowingly accept orders
from dealers, exporters, wholesalers, distributors, resellers or
other similar persons or companies, and reserve the right to
refuse, cancel or seek the return of any Products that are
purchased in violation of the foregoing restrictions.
You are responsible for any taxes imposed on the sale or use of
Products and applicable taxes will be added to the amount
charged for Products purchased on the Site. If an order consists
of multiple items, they may be shipped separately depending on
availability.
7. WIRELESS MARKETING SERVICES AND PROMOTIONAL OPPORTUNITIES
ING provides its valued website users and viewers with the
opportunity to register for special promotions, services, news,
programming and information delivered via text messaging and
other wireless devices such as mobile phones. Users are required
to provide their consent to receive such information from ING,
either by registering on this Site or via their wireless device.
Such services and promotional opportunities are provided by ING
affiliates for ING. The information requested as part of the
online registration process is a user's telephone number or a
wireless email address, but only if specifically requested, and
the carrier's name. Optional information may be requested for
specific promotions, such as a user's preferences regarding
goods or services, choices of music or artists, or other similar
survey information. Depending on the promotion, we may also
collect an Internet email address or other information and,
depending on the information collected, the user may also be
required to confirm his or her agreement to the Site's Privacy
Policy and Terms of Use Agreement.
Users that register for ING's wireless marketing services
acknowledge, understand and agree that they will be charged by
the user's wireless carrier for all messages sent to the user
from ING. Standard messaging rates will apply, unless noted
otherwise. Under no circumstances will ING, or any of their
corporate affiliates be responsible for any wireless email or
text messaging charges incurred by a user or by a person that
has access to a user's wireless device, telephone number, or
email address.
A user understands, acknowledges and agrees that ING may, at its
sole discretion and without liability to any user, terminate its
offer of any specific wireless marketing service or all wireless
marketing services at any time without advance notice. ING may
provide notice of terminations or changes in services on this
Site.
8. POSTINGS
Your comments, suggestions and information are important to us.
Portions of this Site may provide you and other users an
opportunity to submit, post, display, transmit and/or exchange
information, ideas, opinions, photographs, images, video,
creative works or other information, messages, transmissions or
material to us, the Site or other users ("Post" or "Postings").
You understand, acknowledge and agree that such Postings are the
sole responsibility of the person from which such Postings
originated. This means that you, the user, and not this Site,
are entirely responsible for the consequences of all Postings
that you upload, post, email, transmit or otherwise make
available via the Site. Postings do not reflect the views of the
Site, ING. We do not monitor, endorse, edit or screen any
Postings, although we reserve the right to do so, nor shall we
be liable for any Posting that is in violation of this
Agreement. In no event shall the Site, ING have or be construed
to have any responsibility or liability for or in connection
with any Posting whatsoever; however, if we determine, in our
sole discretion and judgment, that any Posting does or may
violate any of the terms of this Agreement, we reserve the
right, at any time and without limiting any and all other rights
we may have under this Agreement, at law or in equity, to: (a)
refuse to allow you to Post; (b) remove and delete Postings; (c)
revoke your right to use the Site; and/or (d) use any
technological, legal, operational or other means available to us
to enforce the provisions of this Agreement, including, without
limitation, blocking specific IP addresses or deactivating your
registration on ingatheringonline.com, inphaders.com, and ingmco.com
If a Posting originates from you or your account, you hereby
agree that: (a) you are placing the Posting in the public domain
without reservation of any rights or further control over the
Posting or its use and you specifically authorize the Site and
ING to use such Posting in whole or in part, throughout the
universe, in perpetuity in or on any and all media, now known or
hereafter devised, and alone or together or as part of other
information, content and/or material of any kind or nature; (b)
you represent and warrant that (i) the Posting is original to
you or fully cleared for use as contemplated herein, (ii) the
Posting does and will not, in any way, violate or breach any of
the terms of this Agreement, (iii) the Posting does not contain
libelous, tortious, or otherwise unlawful information, infringe
or violate any copyright or other right, or contain any matter
the publication or sale of which will violate any federal or
state statute or regulation, (iv) the Posting is not obscene or
in any other manner unlawful, (v) the Posting shall not be
injurious to the health of the user, and (vi) we shall not be
required to pay or incur any sums to any person or entity as a
result of our use or exploitation of the Posting; (c) if your
Posting incorporates the name, logo, brand, service or
trademark, voice, likeness or image of any person, firm or
enterprise, you specifically represent and warrant that you have
the right to place such Posting in the public domain and grant
ING the right to use such Posting as described above; and (d) we
have the right to delete, re-format and/or change your Posting
in any manner that we may determine (although you will not be
responsible for any such changes made).
The amount of storage space on the Site per user is limited.
Some Postings may not be processed due to space constraints or
outbound message limitations. You understand, acknowledge and
agree that we assume no responsibility for deletion of Postings
or any failure to store, receive or deliver Postings in a timely
manner or any other matter relating to Postings.
Posting is for noncommercial purposes only and you may not Post
in any manner which does or is intended to promote or generate
revenue for any business enterprise or commercial activity.
If you believe that any content on the Site (including, without
limitation, Postings) violates any of the terms of this
Agreement, please click here to send us a message about it. We
cannot guarantee that we will respond to your message and we
reserve the right to take or refrain from taking any or all
steps available to us once we receive any such message.
9. CONTESTS, SWEEPSTAKES, AUCTIONS AND PROMOTIONS
From time to time, ING, or the Site's operational service
providers, suppliers, and Advertisers may conduct promotions on
or through the Site, including, without limitation, auctions,
contests and sweepstakes ("Promotions"). Each Promotion may have
Additional Terms and/or Rules which will be posted or otherwise
made available to you and, for purposes of each Promotion, will
be deemed incorporated into and form a part of this Agreement.
10. PODCASTING
The Site provides podcasts ("ING Podcasts") consisting of
selected audio content from the Site, available at
theinbrand.com, inphaders.com, ingatheringonline.com,
inhonoronline.org, and ingmco.com/podcasts that is
provided over the Internet using an XML feed and an associated
audio file so that the audio file may be downloaded and played
from a user's computer or transferred to a portable listening
device. Certain software and hardware is required for users to
download and play ING Podcasts.
ING Podcasts are protected by United States Federal and State
laws, and applicable foreign laws, regulations and treaties, and
all rights in and to ING Podcasts are reserved to ING or the
content provider. ING Podcasts are available for personal,
noncommercial use only and you may download, copy and/or
transfer to a portable listening device or a computer ING
Podcasts for your personal, non-commercial use only. You shall
not, nor will you allow any third party to reproduce, modify,
create derivative works of, display, perform, publish,
distribute, disseminate, broadcast or circulate to any third
party, or otherwise use any ING Podcasts except as expressly
authorized in this Section 10. You also may link to ING Podcasts
from your website, web blog or similar application, as long as
the linking does not (a) suggest that ING promotes or endorses
any third party's causes, ideas, websites, products or services,
or (b) use ING content for inappropriate or commercial purposes,
or (c) or otherwise violate this Agreement. ING reserves the
right to discontinue providing ING Podcasts and to terminate
your subscription or otherwise disable your access to or use of
ING Podcasts, or any content contained in ING Podcasts, at any
time for any reason.
By your access to and use of ING Podcasts, you understand,
acknowledge and agree that ING does not warrant that its
podcasting service will operate on all user equipment. Please
see our "Disclaimer and Limitations of Liability" section for
further details.
11. HYPERLINKS TO THIRD PARTY SITES
The appearance, availability, or your use of URLs or hyperlinks
referenced or included anywhere on the Site or any other form of
link or re-direction of your connection to, with or through the
Site, does not constitute an endorsement by, nor does it incur
any obligation, responsibility or liability on the part of the
Site, ING , the ING or any of their subsidiaries, affiliates,
successors and assigns, and their respective officers,
directors, employees, agents, representatives, licensors,
suppliers, and operational service providers. We do not verify,
endorse, or have any responsibility for, any such third party
sites, their business practices (including the Privacy Policy),
or any goods or services associated with or obtained in
connection with any such site, whether the Site's, ING', or ING'
logo or sponsorship identification is on the third party site as
part of a co-branding or promotional arrangement. If any third
party site obtains or collects Personal Information from you, in
no event shall we assume or have any responsibility or
liability. Please read our Privacy Policy, which describes how
ING collects and uses your Personal Information and co-branding
relationships.
12. DEACTIVATION/TERMINATION OF YOUR REGISTRATION
You may deactivate your account on the Site, at any time and for
any reason, by going to Your Account, entering your user name
and password, and then selecting the "Close My Account" option.
We may terminate your use of and registration on the Site, at
any time and for any reason, with or without cause, without
prior notice to you and without any liability or further
obligation of any kind whatsoever to you or any other party.
13. DISCLAIMER AND LIMITATIONS OF LIABILITY
THIS SITE, AND ALL MATERIALS, PRODUCTS AND POSTINGS ARE MADE
AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY
REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR
ANY GUARANTY OR ASSURANCE THE SITE WILL BE AVAILABLE FOR USE, OR
THAT ALL PRODUCTS, FEATURES, FUNCTIONS OR OPERATIONS WILL BE
AVAILABLE OR PERFORM AS DESCRIBED. Without limiting the
foregoing, we are not responsible or liable for any malicious
code, delays, inaccuracies, errors, or omissions arising out of
your use of the Site. You understand, acknowledge and agree that
you are assuming the entire risk as to the quality, accuracy,
performance, timeliness, adequacy, completeness, correctness,
authenticity, security and validity of any and all features and
functions of the Site, including, without limitation, Postings
and Materials associated with your use of the Site.
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE
BY LAW, THIS SITE, ING, OR THEIR RESPECTIVE SUCCESSORS AND
ASSIGNS, OR ANY OF THEIR SUBSIDIARIES, AFFILIATES, OR THEIR
RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS,
REPRESENTATIVES, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS, OR
SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY
KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE
OF THE SITE OR FROM THIS AGREEMENT, INCLUDING, BUT NOT LIMITED
TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL
OR PUNITIVE DAMAGES.
Notwithstanding any claim that a sole or exclusive remedy which
is provided in this Agreement may or does fail of its essential
purpose, you specifically acknowledge and agree that your sole
and exclusive remedy for any loss or damage shall be to have the
ING, upon written notice from you to us, attempt to repair,
correct or replace any deficient goods or services under this
Agreement and, if repair, correction or replacement is not
reasonably commercially practicable for the ING, to refund any
monies actually paid by you for the Products involved and to
terminate and discontinue your use of the Site. You further
understand and acknowledge the capacity of the Site, in the
aggregate and for each user, is limited. Consequently some
messages and transmissions may not be processed in a timely
fashion or at all, and some features or functions may be
restricted or delayed or become completely inoperable. As a
result, you acknowledge and agree that the ING assume no
liability, responsibility or obligation to transmit, process,
store, receive or deliver transactions or Postings or for any
failure or delay associated with any Postings and you are hereby
expressly advised not to rely upon the timeliness or performance
of the Site for any transactions or Postings. Some jurisdictions
do not allow for the exclusion of certain warranties or certain
limitations on damages and remedies, accordingly some of the
exclusions and limitations described in this Agreement may not
apply to you.
14. INDEMNIFICATION
You agree to indemnify, defend and hold the Site, ING, or their
subsidiaries, affiliates, successors and assigns, or any of
their respective officers, directors, employees, agents,
licensors, representatives, Advertisers, operational service
providers and suppliers harmless from and against any and all
claims, actions, losses, expenses, damages and costs (including
reasonable attorneys' fees), resulting from any breach or
violation of this Agreement by you, or public posting of your
Postings.
The ING reserves the right to assume, at its sole expense, the
exclusive defense and control of any such claim or action and
all negotiations for settlement or compromise, and you agree to
fully cooperate with the ING in the defense of any such claim,
action, settlement or compromise negotiations, as requested by
the ING.
15. PRIVACY
We respect your privacy and the use and protection of your
Personal Information. Please see our Privacy Policy for
important information and disclosures relating to the collection
and use of your Personal Information in connection with your use
of the Site.
16. LAW THAT APPLIES TO THIS AGREEMENT; MISCELLANEOUS TERMS
This Agreement, together with any Additional Terms, Rules, our
Privacy Policy and any other regulations, procedures and
policies which we refer to and which are hereby incorporated by
reference, contains the entire understanding and agreement
between you and theinbrand.com, inphaders.com,
ingatheringonline.com, inhonoronline.org, and
ingmco.com and supersedes any and all prior or inconsistent
understandings relating to the Site and your use of the Site.
This Agreement cannot be changed or terminated orally. If any
provision of this Agreement is held to be illegal, invalid or
unenforceable, this will not affect any other provisions and the
Agreement will be deemed amended to the extent necessary to make
it legal, valid and enforceable. Any provision which must
survive in order to allow us to enforce its meaning shall
survive the termination of this Agreement; however, no action
arising out of this Agreement or your use of the Site,
regardless of form or the basis of the claim, may be brought by
you more than one (1) year after the cause of action has arisen
(or if multiple causes, from the date the first such cause
arose).
This Agreement and your use of the Site is governed by,
construed and enforced in accordance with the internal
substantive laws of the State of California (notwithstanding the
State's conflict of laws provisions) applicable to contracts
made, executed and wholly performed in California, and, for the
purposes of any and all legal or equitable actions, you
specifically agree and submit to the exclusive jurisdiction and
venue of the State and Federal Courts situated in the State of
California and County of Placer and agree you will not object to
such jurisdiction or venue on the grounds of lack of personal
jurisdiction, forum non conveniens or otherwise. To the extent
it may be applicable, you agree to opt out from and expressly
exclude any applicability of the Uniform Computer Information
Transactions Act. IN ANY ACTION OR PROCEEDING COMMENCED TO
ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS
AGREEMENT, YOUR USE OF THE SITE OR WITH RESPECT TO THE SUBJECT
MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR
HEREAFTER POSSESS TO A TRIAL BY JURY.
