Terms & Conditions
By
visiting this website, you agree to the following conditions.
The instarinfo website has been made
available to you subject to your compliance with the terms and conditions set
forth below (the "Conditions of Use"). Please read this document
carefully before agreeing to be bound by the Conditions of Use. If you do not
wish to be bound by the Conditions of Use, you may not access or use this
website or its content.
Modification of these Conditions of Use
instarinfo reserves the right to change
the terms, conditions, and notices at any time, and such modifications shall be
effective immediately upon posting of such changes. Your continued access of
this website shall be deemed your conclusive acceptance of the modified
agreement. You are therefore responsible for regularly reviewing these
Conditions of Use and additional terms or notices posted on the instarinfo
website.
Privacy
Please review our Privacy Policy, which also governs
your visit to instarinfo , to understand our practices regarding the use and
disclosure of your personal information.
Electronic Communications
When you visit instarinfo or send
emails to us, you are communicating with us electronically, and therefore you
are consenting to receive communications from us electronically or by other
means available such as electronically, by telephone, by physical
mail, or by facsimile. It is also understood that all agreements, disclosures,
notices, and other communications that we provide to you electronically satisfy
any legal requirement that such communication be in writing.
Copyright and Licenses
The entire contents of this website,
including but not limited to: text, graphics, logos, button icons, Flash
movies, images, audio clips, digital downloads, data compilations, and
software, are the property of instarinfo , its collaborators, or its clients
and are protected by domestic and international copyright and trademark laws.
You may not modify, copy, reproduce, republish, upload, post, transmit, or
distribute any portion of the website contents without the prior expressed written
consent of instarinfo . For access to current logos and their usage guidelines,
consult our "Logos and Brand Guide."
You may print or download portions of
the materials from various areas of this website solely for your own
non-commercial use provided that you agree not to change or delete any
copyright or proprietary notices from the materials. If you believe any content
appearing on our website constitutes a copyright infringement of another parties
rights, please contact us immediately at [email protected] to notify us of this infringement.
Your submissions of files including,
but not limited to: resumes, email, Flash movies, images, logos, audio loops,
and other software hereby constitutes your agreement to grant instarinfo a
non-exclusive, royalty-free, worldwide, sub-licensable, perpetual license to
reproduce, distribute, transmit, adapt, sub-license, and publicly display any
such submissions. You also grant instarinfo the right to utilize your name in
connection with all advertising, marketing, and promotional materials related
thereto.
License and Website Access
instarinfo grants you limited license
to access and make personal use of this website and not to download (other than
for page caching purposes) or modify it, or any portion of it, except with the
express written consent of instarinfo . This website or any portion of this
website may not be reproduced, duplicated, adapted, copied, sold, resold,
transmitted, or otherwise exploited for any commercial purpose without the
express written consent of instarinfo . You may not frame, or use any framing
techniques to enclose any trademark, logo, or other proprietary information
(including images, text, Flash movie, page layout, or form) of instarinfo
without the express written consent of instarinfo .
You may not use meta tags or any
other "hidden text" which utilize instarinfo ,
PracticalEcommerce.com, or any other derivative of our domain or company name
without the express written consent of instarinfo . You are hereby granted a
limited, revocable, and nonexclusive right to create a hyperlink to the instarinfo
website so long as the link does not portray any false, misleading, derogatory,
or offensive matter, and provided that the link does not otherwise harm instarinfo
and its search engine rankings.
It is further understood and agreed
that instarinfo cannot and does not guarantee or warrant that files made
available for downloading through the instarinfo website will be free of
infection or viruses, worms, Trojan Horses, or other code that manifests
contaminating or destructive properties. It is your responsibility for
implementing sufficient safeguards and procedures to ensure that any files
obtained through instarinfo are free from such contaminations.
Disclaimer of Warranty/Limitation of Liability
This website and related information
are provided by instarinfo on an "as is" and "as available"
basis. instarinfo makes no express or implied warranties, representations, or
endorsements of any kind, or as to the operation of this website or the
information, content, materials, or products included on this website. You
expressly agree that your use of this website is at your sole risk.
To the full extent permissible by
applicable law, instarinfo disclaims all warranties, express or implied,
including without limitation, implied warranties of merchantability and fitness
for a particular purpose. instarinfo does not warrant that this website, its
servers, or email sent from instarinfo are free of viruses or other harmful
components. instarinfo 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.
instarinfo uses reasonable efforts to
include accurate and up-to-date information on this website. instarinfo assumes
no liability or responsibility for any typographical or other errors or
omissions in the content of this site. In the event that a product or service
by instarinfo is listed with an incorrect description, information, or
specifications, instarinfo shall have the right to refuse or cancel any orders
placed for the product or service listed incorrectly.
Certain state laws do not allow
limitations on implied warranties or the exclusion or limitation of certain
damages. If these laws apply to you, some or all of the above disclaimers,
exclusions, or limitations may not apply to you, and you may have additional
rights.
Disputes
Any dispute relating in any way to your
visit or access of the instarinfo website or to the products or services you
purchase through the instarinfo website shall be submitted to binding
arbitration in Traverse City, Michigan except that, to the extent you have in
any manner violated or threatened to violate instarinfo's intellectual property
rights, instarinfo may seek injunctive or other appropriate relief in any state
or federal court in the State of Michigan, and you consent to exclusive
jurisdiction and venue in such courts.
Arbitration under these Conditions of
Use shall be conducted under the rules then prevailing of the China Arbitration
Association. The arbitrator's 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 these Conditions of Use shall
be joined to an arbitration involving any other party subject to these
Conditions of Use, whether through class arbitration proceedings or otherwise.
Indemnification
You agree to indemnify, defend, and
hold harmless instarinfo , its officers, directors, owners, partners,
employees, agents, licensors, suppliers, and any third party information
provider to the website from and against all losses, expenses, damages and
costs, including attorney's fees, resulting from any violation of these
Conditions of Use (including negligent or wrongful conduct) by you or your use
and access of the instarinfo website.
International Use
Given the global nature of the
Internet, you agree to comply with all local rules including, without
limitation, rules about the Internet, data, email, privacy, copyright, and
trademark infringement. Additionally, you agree to comply with all applicable
laws regarding the transmission of technical data exported from the China or
the country in which you reside.
Other Provisions
instarinfo's failure to insist upon or
enforce strict performance of any provision of these Conditions of Use shall
not be construed as a waiver of any provision or right. Neither the course of
conduct between the parties nor trade practice shall act to modify any
provision of these Conditions of Use. instarinfo may assign its rights and
duties under these Conditions of Use to any party at any time without notice to
you. If any of these conditions shall be deemed invalid, void, or for any
reason unenforceable, that condition shall be deemed severable and shall not
affect the validity or enforceability of any remaining condition. Any rights
not expressly granted herein are reserved.