The following terms and conditions (these “ Terms of Use”) govern your use of the www.info-tech-services.com, www.its-ny.com and www.its-ct.com web sites (together, the “ Site”) and your use and receipt of the services provided to you by Info Tech Services (the “ Services”). The Site and Services are made available by Info Tech Services (" Info Tech" or “ we” or “ us”). We may change the Terms of Use from time to time, and at any time, without notice to you, by posting such changes on the Site. If you are an active Customer of our Services who has registered for an account on the Site with a username and password, we will notify you of material changes to these Terms of Use: (i) the next time you log into your account on the Site, (ii) via an e-mail message to the e-mail address on record in your account profile, or (iii) by another means in our sole and absolute discretion. BY USING THE SITE OR SERVICES, YOU ACCEPT AND AGREE TO THESE TERMS OF USE AS APPLIED TO YOUR USE OF THE SITE AND SERVICES. If you do not agree to these Terms of Use, you may not access or otherwise use the Site or Services. Age Requirement for Use of Site : The Site and Services are not intended for use by persons under the age of 18 years old. You must be 18 years old or older to provide any personal information to the Site, or to us through the Site, to retain Services, or to otherwise conduct business with us via the Site. 1. Services. Through the Site, we provide certain web site design, development, hosting and related services to our Customers (as defined below). You may register to establish an account on the Site, with a username and password by completing and submitting an online registration form located on the Site, provide. Once you have registered, you may request price quotes for Services through the Site and retain Info Tech to provide such Services in accordance with such quotes and in accordance with these Terms of Use. Price quotes are valid for 21 days from Info Tech’s posting thereof. Once you have registered on the Site, you are referred to in these Terms of Use as “Customer”. 2. Account and Password. Customer is responsible for maintaining the strict confidentiality of its account password, and shall be responsible for any access to or use of the Site by any person or entity using the password provided, whether or not such access or use has been authorized by or on behalf of Customer, and whether or not such person or entity is an employee or agent of Customer. Customer agrees to (a) immediately notify Info Tech of any unauthorized use of its password or account or any other breach of security, and (b) exit from Customer’s account at the end of each session. It is Customer’s sole responsibility to control the dissemination and use of its password, control access to and use of its account, and notify Info Tech when it desires to cancel its account on the Site. Info Tech will not be responsible or liable for any loss or damage arising from Customer’s failure to comply with this provision. 3. Personal Information. In the course of your use of the Site, for example when you register for an account on the Site, you may be asked to provide certain personal information to us (such information referred to hereinafter as “ Personal Information”). Our information collection and use policies with respect to the Personal Information are set forth in the Site’s Privacy Policy which is incorporated herein by reference for all purposes and to which you agree by agreeing to these Terms of Use. You acknowledge and agree that you are solely responsible for the accuracy and content of Personal Information. 4. Orders for Services. You may order Services from Info Tech only if, and you hereby represent and warrant that: (a) you are domiciled in the United States and you are 18 years old or older; and (b) either (i) you are retaining Services on your own behalf and in your capacity as an individual and you have the right and authority to retain the Services from Info Tech pursuant to these Terms of Use and to provide information to Info Tech for purposes of obtaining and using the Services, or (ii) you are retaining Services on behalf of your company and in your capacity as an employee or other agent of such company and you have the right and authority to retain the Services from Info Tech pursuant to these Terms of Use and to provide information to Info Tech for purposes of obtaining and using the Services and you are authorized to act on behalf of and to legally bind your company to these Terms of Use. You agree to pay in full the price for any Services you retain, including without limitation all applicable taxes, either by credit/debit card concurrent with your online order or by other payment means acceptable to Info Tech. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us. If you fail to pay any amount payable hereunder when due, you agree to pay, in addition to any amount past due, interest accrued thereon, and all reasonable expenses incurred by Info Tech in enforcing these Terms of Use, including, but not limited to, all expenses of any legal proceeding related thereto and all reasonable attorneys’ fees incurred in connection therewith. Notwithstanding anything to the contrary contained herein, in the event you have not paid any invoice amount by its due date, Info Tech, at its sole option and without any liability to Customer or any third party hereunder, shall have the right to suspend all Services until such time as all unpaid amounts have been paid by such Customer. All payments are non-refundable, except as expressly provided in Section 11. 5. Proprietary Rights in the Site . As between you and Info Tech, Info Tech owns, solely and exclusively, all rights, title and interest in and to the Site, all the content, code, data and materials thereon (with the exception of Work Product), the look and feel, design and organization of the Site, and the compilation of the content, code, data and materials on the Site, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein. Your use of the Site does not grant to you ownership of any content, code, data or materials you may access on the Site. Any commercial distribution, publishing or exploitation of the Site is strictly prohibited. You may view the content on the Site on your computer or other internet-compatible device, and make single copies or prints of the content on the Site for your internal use only, provided that you retain all copyright and other proprietary notices on any such copies. You may not otherwise copy, reproduce, distribute or otherwise exploit any content, code, data or materials on or through the Site. If you make other use of the Site, except as otherwise provided above, you may violate copyright and other laws of the United States or other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of our content, trade names, trademarks or service marks. 6. Trademarks. The Info Tech mark and logo are trademarks of Info Tech and may not be used without Info Tech’s prior written agreement, and in any event may not be used in connection with products and/or services that are not related to, associated with, or sponsored by Info Tech, that are likely to cause customer confusion, or in any manner that disparages or discredits Info Tech or its affiliates. All other trademarks not owned by Info Tech that appear on the Site, if any, are the property of their respective owners. 7. User Conduct. You warrant and agree that, while using the Site, you shall not upload, post or transmit to, or distribute or otherwise publish through, the Site any materials that: (a) are protected by third party copyright, or other proprietary or intellectual property right; (b) are unlawful, threatening, hateful, tortious, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy or publicity rights, harassing, profane, obscene, vulgar or that contain explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), (c) restrict or inhibit any other user from using and enjoying the Site, (d) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability, or (e) contain a virus, Trojan horse, worm, time bomb, cancelbot, easter egg, or other harmful component or false or misleading indications of origin or statements of fact. You also warrant and agree that you shall not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) upload, post, publish, transmit, reproduce, distribute or in any way exploit any information or other material obtained on or through the Site for commercial purposes (other than as expressly permitted by the provider of such information or other material); (c) engage in spamming, flooding, harvesting of e-mail addresses or other personal information, spidering, "screen scraping," "database scraping," or any other activity with the purpose of obtaining lists of users or other information, or send chain letters or pyramid schemes via the Site; or (d) attempt to gain unauthorized access to other computer systems through the Site. You agree that you will not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. Info Tech has the right, but not the obligation, to monitor the Site and to remove material from the Site at its sole and absolute discretion. 8. Third Party Web Sites. You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through web sites to which you may link from the Site (collectively, “ Linked Sites”). Links to Linked Sites do not constitute an endorsement by us of such web sites or the information, content, products, services, advertising, code or other materials presented on or through such web sites. 9. Linking to the Site. Unless otherwise set forth in a written agreement between you and Info Tech, you must adhere to Info Tech's linking policy as follows:
10. Copyright Agent. We respect the intellectual property rights of others, and require that the people who use the Site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to Info Tech’s Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:
Info Tech Services e-mail: info@info-tech-services.com
11. DISCLAIMER OF WARRANTIES. THE SITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS, IS PROVIDED "AS IS," "AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. INFO TECH MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE INFORMATION, DATA, DATA PROCESSING, CONTENT, UPTIME, AVAILABILITY, ACCURACY, SECURITY, USEFULNESS OR UNINTERRUPTED ACCESS OF OR TO THE SITE. INFO TECH HEREBY DISCLAIMS ANY AND ALL SUCH WARRANTIES. INFO TECH HEREBY DISCLAIMS, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THE SITE OR IN CORRESPONDENCE WITH INFO TECH OR ITS AFFILIATES, EMPLOYEES OR CONTRACTORS. CUSTOMER ACKNOWLEDGES AND AGREES THAT INFO TECH SHALL PROVIDE THE SERVICES, THE WORK PRODUCT AND OTHER RESULTS OF THE SERVICES "AS IS" AND THAT CUSTOMER ASSUMES ALL RISKS ASSOCIATED WITH ITS RECEIPT OR USE OF THE SERVICES OR THE WORK PRODUCT OR ITS FOLLOWING OF ADVICE PROVIDED BY OR THROUGH INFO TECH. INFO TECH EXPRESSLY DISCLAIMS, AND CUSTOMER HEREBY EXPRESSLY WAIVES, ALL WARRANTIES EXPRESS OR IMPLIED, AND ALL WARRANTIES, DUTIES AND OBLIGATIONS IMPLIED IN LAW, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND ALL LIABILITIES OR OBLIGATIONS OF INFO TECH FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE PROVISION OR USE OF THE SERVICES OR WORK PRODUCT. THE PARTIES AGREE THAT THE SERVICE'S OR WORK PRODUCT’S FAILURE TO CONFORM WITH ANY APPLICABLE DESCRIPTIONS SHALL NOT BE CONSIDERED A FAILURE OF THE ESSENTIAL PURPOSE OF THE REMEDIES CONTAINED HEREIN. INFO TECH DOES NOT WARRANT THAT THE SERVICES OR WORK PRODUCT WILL BE ERROR FREE, OR THAT ERRORS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE SITE OR THE SERVICES WILL MEET ANY USER’S REQUIREMENTS OR NEEDS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR ON OR THROUGH THE SITE OR SERVICES SHALL CREATE ANY WARRANTY OR REPRESENTATION. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. IF YOU ARE DISSATISFIED WITH WORK PRODUCT THAT HAS BEEN PROVIDED TO YOU IN CONNECTION WITH SERVICES THAT YOU HAVE RETAINED, YOU ARE ENCOURAGED TO NOTIFY US. TO THE EXTENT WE DEEM THAT INFO TECH HAS, IN FACT, FAILED TO PROVIDE SATISFACTORY WORK PRODUCT, WE MAY ELECT, IN OUR SOLE AND ABSOLUTE DISCRETION, TO EITHER RE-PERFORM THE SERVICES, TO REPAIR OR REVISE SUCH WORK PRODUCT OR TO PROVIDE A FIFTY PERCENT (50%) REFUND OF THE AMOUNTS PAID BY CUSTOMER FOR SUCH SERVICES. SUCH REMEDY, IF SO PROVIDED BY INFO TECH, SHALL BE CONSIDERED CUSTOMER’S SOLE AND EXCLUSIVE REMEDY AND INFO TECH’S SOLE AND EXCLUSIVE LIABILITY. INFO TECH DOES NOT WARRANT THAT (I) THE SITE, SERVICES, WORK PRODUCT OR INFORMATION CONTAINED THEREIN IS ACCURATE OR THAT ANY GENERAL OR PARTICULAR OR CORRECT RESULT CAN OR WILL BE ACHIEVED FROM CUSTOMER’S APPLICATION OR USE THEREOF, (II) CUSTOMER’S APPLICATION OF THE WORK PRODUCT WILL MEET ANY REQUIREMENTS OR NEEDS CUSTOMER MAY HAVE, OR (III) ANY DEFECTS OR ERRORS IN THE SITE, SERVICES OR WORK PRODUCT WILL OR CAN BE CORRECTED. 12. LIMITATION OF LIABILITY. IN NO EVENT SHALL INFO TECH OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SERVICES, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, INCLUDING BUT NOT LIMITED TO LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL ANY OF THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ( UPON ANY CLAIM OR CAUSE OF ACTION WHETHER IN CONTRACT, TORT OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OF USE OR THE SITE OR SERVICES EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO INFO TECH FOR THE SERVICES TO WHICH THE CLAIM OR CAUSE OF ACTION RELATES. NO CAUSE OF ACTION WHICH ACCRUED MORE THAN TWO (2) YEARS PRIOR TO THE FILING OF A SUIT ALLEGING SUCH CAUSE OF ACTION MAY BE ASSERTED AGAINST INFO TECH. INFO TECH RESERVES THE RIGHT TO SEEK ALL REMEDIES AVAILABLE HEREUNDER, AT LAW AND IN EQUITY, FOR VIOLATIONS OF THESE TERMS OF USE OR OTHERWISE IN CONNECTION WITH YOUR USE OF THE SITE OR SERVICES, INCLUDING BUT NOT LIMITED TO THE RIGHT TO BLOCK ACCESS FROM A PARTICULAR INTERNET ADDRESS TO THE SITE. BOTH PARTIES UNDERSTAND AND AGREE THAT THE REMEDIES, EXCLUSIONS AND LIMITATIONS HEREIN ALLOCATE THE RISKS BETWEEN THE PARTIES AS AUTHORIZED BY APPLICABLE LAWS. THE FEES HEREIN REFLECT AND ARE SET IN RELIANCE ON THIS ALLOCATION OF RISK AND THE EXCLUSION OF CONSEQUENTIAL DAMAGES AND LIMITATION OF LIABILITIES SET FORTH IN THIS AGREEMENT. 13. Indemnification. You agree to defend, indemnify and hold Info Tech and its directors, officers, employees, contractors, agents and affiliates harmless from any and all claims, demands, actions, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from, out of or in connection with your use of the Site or use or receipt of the Services, your placement or transmission of any message, content, information, software or other materials through the Site, or your actual or alleged breach or violation of any law, rule or regulation or of these Terms of Use. 14. Applicable Laws. We control and operate the Site from our offices in the United States of America. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. 15. Force Majeure. Info Tech shall not be liable to Customer for any delay or failure to perform any of the Services or any other obligations due to causes beyond its reasonable control. Performance times shall be considered extended for a period of time equivalent to the time lost because of such delay. Without limiting the foregoing, Info Tech’s time of performance shall be lengthened, if and to the extent reasonably necessary, in the event that Customer fails to provide information or materials as requested by Info Tech on a timely basis. 16. Modifications to the Site. We reserve the right, for any reason, in our sole and absolute discretion, to terminate, change, suspend or discontinue any aspect of the Site or Services offered via the Site, including, but not limited to, content, features or hours of availability. We may also impose limits on certain features of the Site or restrict your access to part or all of the Site without notice or penalty. Info Tech reserves the right to temporarily or permanently terminate your registration on the Site for any or no reason without prior notice. 17. Notices. Any legal notice required or permitted under these Terms of Use shall be in writing and shall be deemed to have been duly given upon receipt or rejection. Any such notice or communication shall be delivered or directed: (a) if to Customer, to the e-mail or postal address provided by Customer upon registering on the Site, or another e-mail or postal address later provided by Customer to Info Tech via the “Edit Your Profile” page in Customer’s account on the Site and (b) if to Info Tech, to Info Tech Services, P.O. Box 1592, Vernon, CT 06066. 18. Miscellaneous. These Terms of Use and the relationship between you and us shall be governed by the laws of the State of Connecticut, without regard to its conflict of law provisions. You agree that any cause of action that may arise under the Terms of Use shall be commenced and be heard in the appropriate court in the Tolland Judicial District of the State of Connecticut. You agree to submit to the personal and exclusive jurisdiction of the courts located in the Tolland Judicial District of the State of Connecticut. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. Info Tech is acting as an independent contractor of Customer. Info Tech has the right to use subcontractors to perform Services or any other obligations. Customer shall not have the right to assign this agreement, or its rights or obligations hereunder. These Terms of Use constitute the entire agreement between Info Tech and Customer and other users of the Site with respect to the subject matter hereof and there are no representations, understandings or agreements relative hereto which are not fully expressed herein. 19. Questions. If you have any questions about these Terms of Use, the Site or the Services, please contact us at support@info-tech-services.com.
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