Terms of Service ("Terms")
Last updated: January 31, 2019
Please read these Terms and Conditions ("Terms",
"Terms and Conditions") carefully before using the interphaze.org
website ("Service", “Services”) operated by Interphaze LLC
("us", "we", or "our").
Your access to and use of the Services is conditioned on your
acceptance of and compliance with these Terms. These Terms apply to all
visitors, users and others who access or use the Services.
By accessing or using the Services you agree to be bound by
these Terms. If you disagree with any part of the Terms then you may not access
the Services or Events.
Privacy
Please review our Privacy Policy, which also governs use of our website and services, to understand our privacy practices.
Copyright
All content included on this site,
such as text, graphics, logos, button icons, images, audio clips, videos, digital
downloads, data compilations, and software, is our property or our content
suppliers’ property and protected by international copyright laws. The
compilation of all content on this site is our exclusive property, with
copyright authorship for this collection by us, and protected by international
copyright laws.
Trade Marks
Our trademarks and trade dress may not be used in connection
with any product or service that isn’t ours, in any manner that is likely to
cause confusion among customers, or in any manner that disparages or discredits
us. All other trademarks that are not
owned by us that appear on this site are the property of their respective
owners.
License and Site Access
You are granted a limited license to access and make
personal use of this site. You do not
have permission to download (other than page caching) or modify our website, or
any portion of it, without our express written consent.
This license does not include any of the following:
- Resale or commercial use of this site or its
contents
- Collection and use of any product listings,
descriptions, or prices
- Derivative use of this site or its contents
- Downloading or copying of account information
for the benefit of another company or merchant
- Use of data mining, robots, or similar data
gathering and extraction tools
Our site and content may not be reproduced, duplicated,
copied, sold, resold, visited, disseminated, or otherwise exploited, in whole
or in part, for any commercial purpose without our express written consent.
You may not frame or utilize framing techniques to enclose
any of our, or our affiliates’, trademark, logo, or other proprietary
information (including images, text, videos, page layout, or form) without
express written consent.
You may not use any meta tags or any other “hidden text”
utilizing our name or trademarks without our express written consent. Any unauthorized use constitutes a breach of
the Terms, which may result in immediate termination of your account on our
Service.
Your Membership Account
When you create an account with us, you must provide us
information that is accurate, complete, and current at all times. Failure to do
so constitutes a breach of the Terms, which may result in immediate termination
of your account on our Service.
Your username must not include any content that violates the
“Reviews, Comments, Emails, and Other Content” section of this agreement.
You are responsible for safeguarding the password that you
use to access the Service and for any activities or actions under your
password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You
also agree to accept responsibility for all activities that occur under your
account or password.
You must notify us immediately upon becoming aware of any
breach of security or unauthorized use of your account.
We reserve the right to refuse service, terminate accounts,
remove or edit content, or cancel orders for any reason whatsoever and at our
sole discretion.
Reviews, Comments, Emails, and Other Content
You may post reviews, comments, and other content as part of
your use of our service. You may also
submit suggestions, ideas, comments, questions, or other information via our
website or email.
All reviews, comments, suggestions, ideas, questions, or
other information (Content) must not be illegal, obscene, threatening,
defamatory, objectionable, invasive of privacy, infringing of intellectual
property rights, or otherwise injurious to third parties. Content must also not consist of or contain
software viruses, political campaigning, commercial solicitation, chain
letters, mass mailings, or any form of “spam.”
You may not use a false email address, impersonate any
person or entity, or otherwise mislead as to the origin of any content.
We reserve the right (but not the obligation) to monitor, remove,
and/or edit any content. We do not
regularly review posted content.
If you post or submit content, and unless we indicate
otherwise in writing, you grant us and our associates a nonexclusive,
royalty-free, perpetual, irrevocable, and fully sublicensable right to use,
reproduce, modify, adapt, publish, translate, create derivative works from,
distribute, and display such content throughout the world in any medium. You grant us and our associates and
sublicenses the right to use the name that you submit in connection with such
content. You represent and warrant that:
- You own or otherwise control all of the rights
to the content that you post
- The content is accurate
- Use of the content you supply does not violate
this, or any other, policy
- Use of the content will not cause injury to any
person or entity
- You will hold harmless and indemnify us or our
associates for all claims resulting from content you supply.
We take no responsibility and assume no liability for any
content posted by you or any third party.
Service Descriptions
We attempt to be as accurate as possible in the descriptions
of our services and products. However,
we do not warrant that product or service descriptions or other content of this
site are accurate, complete, reliable, current, or error-free. If a product or service offered by us is not
as described, your sole remedy is to opt out of the service or return the
product in its unused condition.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Interphaze LLC.
Interphaze LLC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Interphaze LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and
privacy policies of any third-party web sites or services that you visit.
Disclaimer of Warranties and Limitation of Liability
THIS SITE IS PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE”
BASIS. WE MAKE NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR
THE INFORMATION, CONTENT, MATERIALS, SERVICES, OR PRODUCTS INCLUDED ON THIS
SITE. YOU EXPRESSLY AGREE THAT YOUR USE
OF THIS SITE IS AT YOUR SOLE RISK. TO
THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE, AND THE EFFICACY OF ADVICE, SUGGESTIONS,
OR PROGRAM CURRICULUM. WE DO NOT WARRANT
THAT THIS SITE, ITS SERVERS, OR EMAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. WE WILL NOT BE LIABLE
FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT
NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL
DAMAGES.
Termination
We may terminate or suspend access to our Service
immediately, without prior notice or liability, for any reason whatsoever,
including without limitation if you breach the Terms.
All provisions of the Terms which by their nature should
survive termination shall survive termination, including, without limitation,
ownership provisions, warranty disclaimers, indemnity and limitations of
liability.
We may terminate or suspend your account immediately,
without prior notice or liability, for any reason whatsoever, including without
limitation if you breach the Terms.
Upon termination, your right to use the Service will
immediately cease. If you wish to terminate your account, you may do so by
using the Manage My Account tool of our website or by providing a written
request to us.
All provisions of the Terms which by their nature should
survive termination shall survive termination, including, without limitation,
ownership provisions, warranty disclaimers, indemnity and limitations of
liability.
Governing Law
These Terms shall be governed and construed in accordance
with the laws of Minnesota, United States, without regard to its conflict of
law provisions.
Our failure to enforce any right or provision of these Terms
will not be considered a waiver of those rights. If any provision of these
Terms is held to be invalid or unenforceable by a court, the remaining
provisions of these Terms will remain in effect. These Terms constitute the
entire agreement between us regarding our Service, and supersede and replace
any prior agreements we might have between us regarding the Service.
Changes
We reserve the right, at our sole discretion, to modify or
replace these Terms at any time. If a revision is material we will try to
provide at least 30 days notice prior to any new terms taking effect. What
constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those
revisions become effective, you agree to be bound by the revised terms. If you
do not agree to the new terms, please stop using the Service.
Disputes
Any dispute relating in any way to your visit and/or use of
our site, services, or products shall be submitted to confidential arbitration
in the state of Minnesota, United States.
The sole exception to this is, to the extent you have in any
manner violated or threatened to violate our intellectual property rights, we
may seek injunctive or other appropriate relief in any state or federal court
in the state of Minnesota, United States.
You consent to exclusive jurisdiction and venue in such courts.
Arbitration under this agreement shall be conducted under
the rules then prevailing of the American Arbitration Association. The arbitrators award shall be binding and
may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable
law, no arbitration under this agreement shall be joined to an arbitration
involving any other party subject to this agreement, whether through class
arbitration proceedings or otherwise.
Contact Us
If you have any questions about these Terms, please contact
us at ben.m@interphaze.org.