Terms of use
Inofile Website Terms - What you agree to when using this
site
Welcome to Inofile.com (the "Site"). These terms of use ("Site
Terms") impose conditions on your access to this Site, and any use
you make of it, so please read them carefully. They do not alter in
any way the terms or conditions of any other agreement you may have
with Inofile or its subsidiaries or affiliates for other products
or services.
Inofile reserves the right to change or modify any of the terms
and conditions contained in the Site Terms or any policy or
guideline of the Site, at any time and in its sole discretion. Any
changes or modification will be effective upon posting of the
revisions and notice of such changes to the Site. Your continued
use of this Site following the posting of its changes or
modifications will constitute your acceptance of such changes or
modifications. Therefore, you should frequently review the Site
Terms and applicable policies from time-to-time to understand the
terms and conditions that apply to your use of the Site.
BY ACCESSING, BROWSING, AND USING THIS SITE, YOU AGREE TO BE
BOUND BY THE TERMS AND CONDITIONS DESCRIBED BELOW, ALL POLICIES AND
GUIDELINES INCORPORATED BY REFERENCE, AND ANY SUBSEQUENT CHANGES TO
THE FOREGOING. IF YOU DO NOT AGREE TO THESE SITE TERMS OR ANY
SUBSEQUENT MODIFICATION, DO NOT ACCESS, BROWSE OR OTHERWISE USE
THIS SITE.
Questions or comments about the Site or its contents, contact us.
Incorporated Policies or Terms
Privacy Policy. Inofile believes strongly in protecting
individual user privacy and providing you notice of our collection
and use data, including personally identifying information,
collected from the Site. Therefore, Inofile has adopted a Privacy
Policy that you should review in order to fully understand how
Inofile collects and uses information.
Site License and Access
Inofile grants you a limited license to make personal use only
of the Site. Such grant does not include, without limitation: (a)
any resale or commercial use of the Site or content therein; (b)
the collection and use of any product listings or descriptions; (c)
making derivative uses of the Site and its contents; or (d) use of
any data mining, robots, or similar data gathering and extraction
methods. Except as noted above, you are not conveyed any right or
license by implication, estoppel, or otherwise in or under any
patent, trademark, copyright, or proprietary right of Inofile or
any third party.
You may not use, frame or utilize framing techniques to enclose
any Inofile-owned trademark, logo or other proprietary information
(including the images found at this Site, the content of any text
or the layout/design of any page or form contained on a page)
without express written consent. Further, you may not use any meta
tags or any other "hidden text" utilizing an Inofile-owned name,
trademark, or product name without express written consent.
Any unauthorized use of this Site will terminate the permission
or license granted by these Site Terms and may violate applicable
law including copyright laws, trademark laws (including trade
dress), and communications regulations and statutes. All violators
will be prosecuted to the fullest extent of the law.
Copyright
All copyrighted and copyrightable materials on this Site,
including, without limitation, the design, text, graphics,
pictures, sound files and other files, and the selection and
arrangement ("Materials") thereof are copyrighted, ALL RIGHTS
RESERVED, by Inofile and/or third-party licensors. Except as stated
herein, none of the Materials may be copied, reproduced,
distributed, republished, downloaded, displayed, posted or
transmitted in any form or by any means, including, but not limited
to, electronic, mechanical, photocopying, recording, or otherwise,
without the prior written permission of Inofile or the respective
copyright owner. Permission is granted to display, copy, distribute
and download the Materials on this Site for personal,
non-commercial, and informational use only; provided that, you may
not, without the permission of Inofile or the respective copyright
owner, (a) copy, publish, or post any Materials on any computer
network or broadcast or publications media, (b) modify the
Materials, and (c) remove or alter any copyright and other
proprietary notices contained in the Materials.
Copyright Complaints
Inofile respects the intellectual property of others. If you
believe that your work has been copied and has been posted to this
Site in a way that constitutes copyright infringement, please
provide our copyright agent the following written information:
- An electronic or physical signature of the person authorized to
act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been
infringed upon;
- A description of where the material that you claim is
infringing is located on the Site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the
disputed use is not authorized by the copyright owner, its agent,
or the law;
- 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.
The Inofile Copyright Agent for notice of claims of copyright
infringement on this Site is Daniel J. Faricy, who can be reached
as follows:
404 South 8th Street, Suite 250 Boise,
ID 83702 208-473-2197 dfaricy@inofile.com
Trademarks and Service Marks
Inofile, its logos and product markings, and the products and
services described in this Site (except those belonging to Inofile
suppliers or licensors), are among the trademarks, service marks or
registered trademarks owned by Inofile, and may not be copied,
imitated or used, in whole or in part, without the prior written
permission of Inofile. In addition, all page headers, custom
graphics, button icons, and scripts are service marks, trademarks,
and/or trade dress owned by Inofile, and may not be copied,
imitated, or used, in whole or in part, without the prior written
permission of Inofile. All other trademarks, registered trademarks,
product names and company names or logos mentioned herein are the
property of their respective owners, and may not be copied,
imitated or used, in whole or in part without the prior written
permission of such respective owners. Any request for grant of a
license to use Inofile marks is subject to prior approval, and
should be addressed to the Inofile Trademark Management Group via
email.
Third-Party Content
By using this site, you agree to indemnify and hold harmless
Inofile from any claim, action, demand, loss, or damages (including
attorneys' fees) made or incurred by any third party arising out of
or relating to third-party content, your violation of these Site
Terms, or your violation of any rights of a third party.
Linking
Links to the Site. You are granted a limited, non-exclusive
right to create a hyperlink to this Site provided such link does
not portray Inofile or any of its products and services in a false,
misleading, derogatory or otherwise defamatory manner. You may not
use a Inofile-owned logo or other proprietary graphic or trademark
of Inofile to link to this Site without the express written
permission of Inofile. This limited right may be revoked at any
time.
Third-Party Links. Inofile makes no claim or representation
regarding, and accepts no responsibility for, the quality, content,
nature or reliability of third-party sites accessible by hyperlink
from this Site, or third-party sites linking to this Site. The
third-party linked sites are not under the control of Inofile and
Inofile is not responsible for the content of any third-party
linked site or any link contained in a third-party linked site, or
any review, changes or updates to such sites. Inofile is providing
these links to you only as a convenience, and the inclusion of any
link does not imply affiliation, endorsement, or adoption by
Inofile of the site or any information contained therein. When
leaving the Inofile Site, you should be aware that Inofile’s terms
and policies no longer govern, and, therefore, you should review
the applicable terms and policies, including privacy and data
gathering practices, of that site.
General Submissions
Do not use this Site as a means of submitting information you
consider to be proprietary. Confidential and proprietary
information should be submitted only in connection with those
Inofile activities specifically allowing and providing for its
receipt and protection. Except as otherwise expressly provided in
the terms of use for your transactions with Inofile or in a written
agreement with Inofile, any submission of materials by you will be
considered a contribution to Inofile for further use in its sole
discretion, regardless of any proprietary claims or reservation of
rights noted in the submission. Accordingly, you agree that any
materials, including but not limited to questions, comments,
suggestions, ideas, plans, notes, drawings, original or creative
materials or other information, provided by you in the form of
e-mail or submissions to Inofile, or postings on this Site, are
non-confidential (subject to Inofile's Privacy Policy) and shall
become the sole property of Inofile. Inofile shall own exclusive
rights, including all intellectual property rights, and shall be
entitled to the unrestricted use of these materials for any
purpose, commercial or otherwise, without acknowledgment or
compensation to you. The submission of any materials to Inofile,
including the posting of materials to any forum or interactive
area, irrevocably waives any and all "moral rights" in such
materials, including the rights of paternity and integrity.
Export Restrictions
Any software and all underlying information and technology
downloaded from this Site (collectively the "Software") by you may
be subject to U.S. export controls, including the Export
Administration Act (50 U.S.C. Appx. §§ 2401 et seq.) and the Export
Administration Regulations ("EAR", 50 C.F.R. Parts 730-774), and
may be subject to export or import regulations in other countries.
You are responsible for complying with all trade regulations and
laws both foreign and domestic. Except as authorized by law, you
agree and warrant not to export or re-export the Software to any
country, or to any person, entity, or end-user subject to U.S.
export controls, including without limitation persons or entities
listed on the U.S. Department of Commerce Bureau of Export
Administration's Denied Parties List and the U.S. Department of
Treasury's Specially Designated Nationals. You further represent
and warrant that no U.S. federal agency has suspended, revoked, or
denied your export privileges.
Financial Material Disclosure
Forward-Looking Statements. This Site, and any documents issued
by Inofile and available through this Site, may contain statements
which constitute forward-looking statements within the meaning of
the U.S. Private Securities Litigation Reform Act of 1995. Those
statements can be identified by the use of words such as "believe,"
"expect," "plan," "may," "will," "should," "anticipate" or similar
statements or the negative of these words. Forward-looking
statements include statements made as to future operations, costs,
capital expenditures, cash flow, improvements in infrastructure,
distribution and replenishment systems and operating efficiencies,
sales and earnings estimates or trends and expansion plans and
projections. These forward-looking statements are based on our
current expectations. Known and unknown internal and external risks
and uncertainties may cause the actual results to be materially
different from those expressed in or implied by the forward-looking
statements.
Press Releases. The information contained within press releases
issued by Inofile should not be deemed accurate or current except
as of the date the release was posted. Inofile has no intention of
updating, and specifically disclaims any duty to update, the
information in the press releases. To the extent any information
therein is forward-looking, it is intended to fit within the safe
harbor for forward-looking statements, and is subject to material
risk.
Disclaimers
"AS IS" BASIS. THIS SITE AND THE MATERIALS CONTAINED HEREIN ARE
PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THIS SITE,
INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED
OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK.
WARRANTY DISCLAIMER. INOFILE DISCLAIMS ALL WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND
NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, CONTENT,
SERVICES AND PRODUCTS ON THE SITE. INOFILE DOES NOT REPRESENT OR
WARRANT THAT MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE,
RELIABLE, CURRENT, OR ERROR-FREE. INOFILE IS NOT RESPONSIBLE FOR
TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, OR
PHOTOGRAPHY. WHILE INOFILE ATTEMPTS TO ASSURE YOUR ACCESS AND USE
OF THE SITE IS SAFE, INOFILE CANNOT AND DOES NOT REPRESENT OR
WARRANT THAT THIS SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS.
Inofile reserves the right to change any and all content
contained on this Site at any time without notice. Reference to any
products, services, processes, or other information, by trade name,
trademark, manufacturer, supplier, or otherwise does not constitute
or imply endorsement, sponsorship or recommendation thereof by
Inofile.
Limitation of Liability
IN NO EVENT SHALL INOFILE BE LIABLE FOR ANY DIRECT, SPECIAL,
INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY
KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR
LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT
NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY
WAY CONNECTED WITH THE USE OF THIS SITE OR THE MATERIALS CONTAINED
IN, OR ACCESSED THROUGH, THIS SITE.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF INOFILE (WHETHER IN
CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE,
PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER
THEORY) ARISING OUT OF OR RELATING TO THE USE OF INOFILE'S SITE
EXCEED $5.00 OR THE COMPENSATION YOU PAID INOFILE, WHICHEVER IS
LESS.
Certain laws do not allow limitations on implied warranties, or
the exclusion or limitation of certain damages. If these laws
apply, some or all of the above disclaimers, exclusions, or
limitations, may not apply to you, and you may have additional
rights to those contained herein.
Applicable Law and Venue
These terms and conditions shall be governed by and construed in
accordance with the laws of the State of Idaho, applicable to
agreements made and entirely to be performed within the State of
Idaho, without resort to its conflict of law provisions. You agree
that any action at law or in equity arising out of or relating to
these terms and conditions shall be filed only in state or federal
court located in Ada County, Idaho and you hereby irrevocably and
unconditionally consent and submit to the exclusive jurisdiction of
such courts over any suit, action or proceeding arising out of
these terms and conditions.
Termination
Notwithstanding any of these terms and conditions, Inofile
reserves the right, without notice and in its sole discretion, to
terminate your license to use the Site, and to block or prevent
future access to and use of the Site.
Severability
If any provision of these Site Terms shall be deemed unlawful,
void, or for any reason unenforceable, then that provision shall be
deemed severable from these terms and conditions and shall not
affect the validity and enforceability of any remaining
provisions.
Published January 2012