1 APPLICABILITY User has a nonexclusive, non-transferable, limited, and revocable right to use the Web Site solely for User’s personal educational, informational, and entertainment use. User shall not use the Web Site for any other purpose, including any commercial purpose, without Intectural’s express prior written consent. For example, User shall not, and shall not authorize any other person to, (i) Co-brand the Web Site or portion thereof, or (ii) frame the Web Site or portion thereof (whereby the Web Site or portion thereof will appear on the same screen with a portion of another web site). “Co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute the Web Site or content accessible within the Web Site (the “Content”). User agrees to cooperate with Intectural in causing any unauthorized Co-branding, framing or linking to immediately cease.
2 PROPRIETARY INFORMATION User acknowledges and agrees that the Content is the proprietary information of Intectural and its content providers, and Intectural and its content providers retain all right, title, and interest in the Content. Accordingly, User shall not reproduce, transmit, publish or distribute such Content to any third party without the express written consent of Intectural or the applicable content provider except that User may print out a copy of Content solely for User’s personal use. In doing so, User shall not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content, as they are the property of Intectural or other third parties. User shall not modify or alter any of the Content, which is protected by trade dress and other laws and may not be copied or imitated in whole or in part. Intectural aggressively enforces its intellectual property rights in the Content and elsewhere to the fullest extent of the law.
3 DISCLAIMER INTECTURAL MAKES NO REPRESENTATION, WARRANTY OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF ANY INFORMATION ON THIS WEB SITE. INTECTURAL DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SITE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRRECTED, OR (F) THE SERVICE OR THE SERVER(S) THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SITE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. EXCEPT FOR MANUFACTURER’S WARRANTIES, INTECTURAL SPECIFICALLY DISCLAIMS AND EXCLUDES ANY AND ALL EXPRESS AND IMPLIED WARRANTIES WITH REGARD TO THE PRODUCTS OR SERVICES ON THIS SITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE OR ANY OTHER MATTER.
4 LIMITATION OF LIABILITY IN NO EVENT SHALL INTECTURAL, ITS AFFILIATES, OFFICERS, DIRECTORS, AGENTS, PARTNERS OR SUPPLIERS BE LIABLE TO YOU OR TO ANYONE FOR INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS WEB SITE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SITE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SITE, OR ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION RELATING TO THE SITE. USER HEREBY EXPRESSLY WAIVES ANY SUCH DAMAGES EVEN IF INFORMED OF THE POSSIBLITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF THE ESENTIAL PURPOSE OF ANY LIMITED REMEDY. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THESE LIMITATIONS AND EXCLUSIONS SHALL APPLY REGARDLESS OF WHETHER LIABILITY ARISES FROM BREACH OF CONTRACT, TORT, BY OPERATION OF LAW, OR OTHERWISE.
6 PRODUCT ORDERS Intectural will use its best efforts to fulfill all orders but cannot guarantee the availability of any particular product displayed on this Site. Intectural reserves the right to discontinue the sale of any product listed on this Site at any time without notice. Product prices offered on this Site may vary from other advertised prices due to varying conditions in different geographic markets. The prices displayed on this Site may not include shipping and handling or sales taxes, if applicable, which shall be added to your total invoice price. You are responsible for the payment of any shipping and handling charges and state and local sales or use taxes that may apply to your order. Intectural reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions on this Site, including after an order has been submitted. Intectural has tried to display the colors of the products shown on this Site as accurately as possible. However, because the colors User sees depend on User’s monitor, Intectural cannot guarantee that the display of any color will be accurate. For further information about purchasing products from Intectural, please contact email@example.com.
7 ORDERING DISCLAIMER Your electronic order confirmation, or any form of confirmation, does not signify Intectural’s acceptance of your order. Intectural reserves the right to accept or deny shipment to anyone for any reason. Intectural reserves the right to require additional information before processing any order. If an order appears fraudulent in any way, Intectural reserves the right to cancel the order, notify the cardholder and the proper authorities.
8 THIRD PARTY INTERACTIONS During use of the Web Site, User may enter into correspondence with, purchase products or services from, or participate in promotions of advertisers or sponsors showing their products or services through the Web Site. Any such activity is solely between you and the applicable third party. Intectural shall have no liability, obligation or responsibility for any correspondence, purchase or promotion between you and such third party. Intectural does not endorse any sites on the Internet that are linked through its Web Site. Intectural provides these links only as a matter of convenience to User, and in no event shall Intectural be responsible for any content, products or other materials from such sites.
10 PRIVACY AND SECURITY Intectural gathers User information for a variety of reasons, including a desire to improve the Web Site, to understand which areas of the Web Site are used most often, to enhance the on-line shopping experience, and for marketing and promotional purposes. The types of information gathered includes data collected in the course of processing sales transactions and information provided by Users in response to surveys or in response to other requests for information. The data gathered is at times shared with corporate affiliates of Intectural, but it will not be provided to other companies. If User does not want to receive promotional emails from Intectural, User can opt out anytime using the link provided in all newsletter emails. Intectural utilizes the latest technology for shopping and ecommerce security and orders are transmitted over secure Internet connections using SSL (Secure Sockets Layer) encryption technology. User’s personal information, including credit card and sign-in password are stored in encrypted format. If You ever are concerned with security or are encountering security problems or concerns relating to this Site, please don’t hesitate to contact Intectural by phone to place an order: 1-877-970-7877.
11 PROHIBIT COMMUNICATIONS User may submit only User or project content to the Site that is (a) owned by User, (b) submitted with the express permission of the owner or within the scope of the license to such content, or (c) in the public domain. User is prohibited from posting or transmitting to or from this Site any unlawful, threatening, harassing, libellous, offensive, defamatory, obscene, or pornographic materials, or other materials that would violate any law or the rights of others, including, without limitation, laws against copyright infringement, and rights of privacy and publicity. Violations of these restrictions may result in denial of or limitations on access by User to this Site.
12 CONTACTING INTECTURAL All questions, comments or inquiries may be directed to: Intectural, Inc.:firstname.lastname@example.org, Customer Service, 1325 N. 59th Ave W, Duluth, MN 55807, USA. Although Intectural will in most circumstances be able to receive Your correspondence, Intectural does not guarantee that it will receive all such information timely and accurately and shall not be legally obligated to read, act on or respond to any such submitted information.
13 SUBMISSIONS Intectural welcomes Your comments regarding this Web Site. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, “Comments”) sent to Intectural shall be and remain the exclusive property of Intectural. Your submission of any such Comments shall constitute an assignment to Intectural of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Intectural shall be entitled to use, reproduce, disclose, publish and distribute any material You submit for any purpose whatsoever, without restriction and without compensating You in any way. For this reason, Intectural asks that User not send any Comments that User does not wish to assign to Intectural, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.