Rules for access and use of this site
Last Updated December 6, 2012
1. Changes to the Terms
InComm Product Control reserves the right to change the Terms or modify any features of the Site at any time in its sole discretion. We may periodically change the Terms (as further detailed below), so please check these Terms from time to time. We'll post notice of modifications to these Terms on this page. If you do not agree to the modified terms for the Site, you must discontinue your use of the Site.
All content and functionality on the Site (including, but not limited to, text, photographs, graphics, logos, icons, images, user interfaces, screen shots, designs, and computer code, and the selection, coordination, and arrangement of such content) is the exclusive property of InComm Product Control, its Affiliates or their respective licensors, and is protected under the copyright laws of the United States and other countries. All copyrights in the Site are owned by InComm Product Control, its Affiliates or their respective third-party licensors to the full extent permitted under the United States Copyright Act and all international copyright laws. All rights not expressly granted are reserved.
InComm Product Control hereby grants you a non-exclusive, non-transferable license for the term hereof to access and download, display, and print one copy of the content displayed on the Site (the "Site Content") on any single computer solely for your internal, business use, EXCEPT that you must not modify the Site Content in any way and you must retain all copyright and other proprietary notices displayed on the Site Content. Unless expressly permitted in writing, you may not otherwise copy, reproduce, distribute, publish, post, enter into a database, display, disclose, perform, modify, create derivative works from, transmit, or in any way exploit any part of the Site.
3. Trade and Service Marks
All rights in the product names, company names, trade names, service marks, designs, logos, trade dress, slogans, and product packaging of InComm Product Control products or services (collectively, the "Trademarks"), whether or not appearing in large print or with the trademark symbol, belong exclusively to InComm Product Control, its Affiliates, or their respective licensors, and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these Trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Site confers on you any license or right under any patent or trademark of InComm Product Control, its Affiliates, or any third party. You agree that you will not refer to or attribute any information to InComm Product Control, its Affiliates, or any of their respective licensors in any public medium (e.g., press release, Web sites) for advertising or promotion purposes, or for the purpose of informing or influencing any third party and that you will not imply any endorsement by or relationship with, InComm Product Control, its Affiliates, or any of their respective licensors.
5. User Postings
The Site may allow you to post content, communicate with others, and respond to surveys. These communications and content may include text, images, photographs, audio, video, or material in any other form (collectively, "User Submissions"). By submitting any User Submissions, you consent to the following rules:
You understand and agree that you are fully responsible for the content that you post. You may not post User Submissions that violate any law, or that otherwise may be objectionable or inappropriate. In particular, you may not submit, add, transmit, post, or provide content to, on, or through the Site that:
• infringes on the copyright, trademark, patent or other intellectual property right of any third party;
• is false, misleading, libelous, defamatory, obscene, abusive, hateful, or sexually-explicit;
• violates a third party's right to privacy or publicity;
• degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification;
• contains epithets or other language or material intended to intimidate or to incite violence; or
• violates any applicable local, state, national, or international law.
You understand and agree that you may only post content that you own, or that you otherwise have the right to post. In addition, you must obtain all necessary permission(s) from any individuals identified in or implicated by your submission (including those shown in photographic content), and, in the case of minors, also from their parents or legal guardians, as appropriate.
InComm Product Control is not responsible for any User Submissions and has no duty to monitor the content posted on the Site. Nevertheless, InComm Product Control may monitor, review, remove, reject, or revise any User Submission at any time, without prior notice and in its sole discretion, for any reason.
User Submissions may not contain any commercial material. You may not solicit funds, promote commercial entities or otherwise engage in commercial activity in the content you post.
You use and/or rely on any information contained in User Submissions at your own risk. InComm Product Control is not in any manner endorsing the content that users post and does not, cannot, and will not, vouch for its reliability.
You grant InComm Product Control a license with respect to any User Submissions that you post, upload, add, communicate, store, or otherwise transmit on, to, or through the Site. That license is royalty-free, irrevocable, perpetual, non-exclusive, and fully sublicensable, and it allows InComm Product Control to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display User Submissions, in whole or in part, world-wide and to incorporate it in other works, in any form, media or technology now known or later developed. InComm Product Control may use User Submissions as part of the demonstration of what the Site is and how it works. You agree to the use of User Submissions for promotional purposes. You hereby waive any claims you may have against InComm Product Control for any alleged or actual infringements of any rights of privacy or publicity, moral rights, or rights of attribution in connection with InComm Product Control's use and publication of User Submissions.
6. Notices of infringement and takedown by InComm Product Control
InComm Product Control prohibits the posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that your intellectual property right (or an intellectual property right that you are responsible to enforce) is infringed by any content on the Site, please write to InComm Product Control at the address shown below, giving a written statement that contains:
(a) identification of the copyrighted work and/or intellectual property right claimed to have been infringed;
(b) identification of the allegedly infringing material on the Site you are requesting that InComm Product Control remove;
(c) your name, address, and daytime telephone number, and an e-mail address if available;
(d) a statement that you have a good faith belief that the use of the copyrighted work and/or exercise of the intellectual property right is not authorized by the owner, its agent, or the law;
(e) a statement that the information in the notification is accurate, and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of the right that is allegedly infringed; and
(f) a physical or electronic signature of the intellectual property right owner or someone authorized on the owner's behalf to assert infringement of the right.
InComm Product Control will remove any posted submission that infringes the copyright or other intellectual property right of any person under United States law upon receipt of a statement of claimed infringement in conformance with the Digital Millennium Copyright Act, 17 U.S.C. Â§ 512(c)(3). United States law provides significant penalties for submitting such a statement falsely. Under appropriate circumstances, persons who repeatedly submit infringing or unlawful material will be prohibited from posting further submissions. InComm Product Control's contact for submission of notices under this Section 6 is InComm Product Control, Attention: Legal Department, 11121 Willows Road NE, Suite 200, Redmond, WA 98052.
THE CONTENT AND FUNCTIONALITY ON THE SITE IS PROVIDED WITH THE UNDERSTANDING THAT InComm Product Control IS NOT ENGAGED IN RENDERING SERVICES TO YOU VIA YOUR USE OF THE SITE. ALL CONTENT AND FUNCTIONALITY ON THE SITE IS PROVIDED "AS IS."
InComm Product Control MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER RELATING TO THE SITE, LINKED SITES, OR OTHER CONTENT THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SITE. InComm Product Control DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, InComm Product Control DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, (A) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (B) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (C) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SITE, (D) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA MADE AVAILABLE ON THE SITE OR OTHERWISE BY InComm Product Control, AND (E) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY InComm Product Control OR ANY THIRD PARTY. FURTHER, THERE IS NO WARRANTY THAT THE SITE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON.
InComm Product Control MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, (I) THAT THE INFORMATION PROVIDED THROUGH THE SITE WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; (II) THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (III) THAT DEFECTS OR ERRORS IN THE SITE WILL BE CORRECTED; OR (IV) THAT THE CONTENT ON THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND InComm Product Control DISCLAIMS ALL RESPONSIBILITY FOR THESE CHANGES.
8. Limitation of liability
IN NO EVENT WILL InComm Product Control, ANY OF ITS AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SITE OR ANY LINKED SITES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ANOTHER USER RELATED TO, ARISING FROM, OR IN ANY WAY CONNECTED WITH USE OF THE SITE, YOU RELEASE InComm Product Control AND ITS AFFILIATES FROM ANY CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE.
THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF InComm Product Control HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, InComm Product Control'S AND ITS AFFILIATES' LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, InComm Product Control AND ITS AFFILIATES DISCLAIM ALL LIABILITY OF ANY KIND ARISING FROM THE UNAUTHORIZED ACCESS TO OR USE OF YOUR INFORMATION.
You agree to indemnify and hold harmless InComm Product Control, its Affiliates, and each of their respective directors, officers, managers, employees, and agents from and against any and all claims, losses, expenses, damages and costs (including reasonable attorneys' fees) resulting from your use of the Site or violation of these Terms.
10. Compliance with applicable laws
When you access or use the Site, you are required to comply with all applicable laws and any other conditions or restrictions in any written or online notice from InComm Product Control (including these Terms). As a condition of your access to and use of the Site, you agree that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. The Site is offered for your personal and non-commercial use only, and InComm Product Control does not grant you any express or implied rights to access or use the Site for any other purpose.
Without limiting the generality of the foregoing, you agree not to:
• Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity;
• Interfere with any other users' rights to privacy and publicity, including by harvesting or collecting information from or about users;
• Upload or otherwise transmit any communication, software, or materials that contain a virus or is otherwise harmful to InComm Product Control's or its users' computers or systems; or
• Access the Site through any automated means, including "robots" and "spiders."
We can suspend or terminate this agreement at any time for any or no reason. Once you learn that we have suspended or terminated your access to the Site, you agree not to try to access the Site. The obligations that you have to us under these Terms will continue even after we suspend or terminate your access to the Site.
12. No Waiver
The failure of InComm Product Control to enforce any provisions of the Terms or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of the Terms or to act with respect to similar breaches.
• Your Relationship with InComm Product Control. You agree that no joint venture, partnership, employment, or agency relationship exists between you and InComm Product Control as a result of these Terms or your access to and use of the Site. These Terms do not create any third party beneficiary rights.
• Integration and Severability. Unless otherwise specified herein, the Terms constitute the entire agreement between you and InComm Product Control and govern your use of the Site. If any portion of the Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
• Choice of Law and Forum. The laws of Washington, U.S.A., excluding Washington's conflict of laws rules, will apply to any disputes arising out of or relating to these Terms or the Site. All claims arising out of or relating to these Terms or the Site will be litigated exclusively in the federal or state courts of King County, Washington, USA, and you and InComm Product Control consent to personal jurisdiction in those courts.