Please review the following terms/terms & conditions/terms of service that govern your use of our Site.
Welcome to the InnoMax.com® Web Site (“Site”, “Service”). Please review the following basic terms/terms and conditions/terms of service that govern your use of our Site. Please note that your use of our Site constitutes your agreement to follow and be bound by those terms (the “Agreement”). We may from time to time change the terms that govern your use of our Site. Your use of our Site following any such change constitutes your agreement to follow and be bound by the terms as changed. We may change, move or delete portions of, or may add to, our Site from time to time.) Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
All materials, unless otherwise noted, including, without limitation, images, illustrations, designs, icons, logo’s, photographs, video clips, and written and other materials that appear as part of this Site (collectively, the “Contents”) are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by InnoMax® Corporation, and its subsidiaries and/or affiliates (“American Sleep Collection™”). The Site as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by InnoMax®. The Contents of our Site, and the Site as a whole, are intended solely for personal, noncommercial use by the users of our Site. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents or the Site without obtaining written permission from the company owner(s). Your failure to comply with this section may be considered by InnoMax® as a breach thereof and subject you to legal action including, but not limited to, a lawsuit for damages or injunctive relief and the payment to InnoMax® of its costs and attorneys’ fees to enforce this section.
InnoMax Dealer Internet Policy:
Dealers intending to use the Internet to market InnoMax® products must comply with the following policy: InnoMax Internet Dealers must have approval from InnoMax® prior to using InnoMax product “Site Contents”, when merchandising and/or selling InnoMax® product via the internet. InnoMax® materials are copyrighted. InnoMax Internet Dealers must have permission from InnoMax® prior to using images, illustrations, designs, icons, logo’s, photographs, video clips, and written and other materials that appear as part of this Site (collectively, the “Contents”) for the purpose of advertising and/or selling InnoMax® products via the internet. Any intended use of InnoMax® “Site Contents” materials and/or merchandising of InnoMax® products must be reviewed and approved by InnoMax® prior to being posted on the internet. InnoMax® will review submitted materials within 14 days of being received. Materials are considered not approved if InnoMax® does not repond in writing/or verbal permission by a InnoMax® representative within 14 days. Any InnoMax Internet Dealer that misrepresents or misuses InnoMax® names, trademarks, logo’s, pricing and/or other materials will be notified in writing by mail/email and be given 7 days to make corrections. Failure to do so may result in cancellation of shipments, termination of dealer status or any other action InnoMax® deems necessary, including, but not limited to, legal action including, but not limited to, a lawsuit for damages or injunctive relief and the payment to InnoMax® of its costs and attorneys’ fees to enforce this section.
InnoMax Memorandum To Dealers:
InnoMax Website Usage Disclaimer:
The “Site Contents” included in this Website has been compiled from a variety of sources and is subject to change without notice as are any products, programs, offerings, or technical information described in this Website. InnoMax® reserves the right to change or update information and to correct errors, inaccuracies, or omissions at any time and without prior notice. InnoMax® makes no representation or warranty whatsoever regarding the completeness, quality, or adequacy of the Website or content, or the suitability, functionality, or operation of this web site or its content. By using this Website, you assume the risk that the content has a possibility to be inaccurate, incomplete, or offensive or may not meet your needs and/or requirements. InnoMax® specifically disclaims all warranties, express or implied, including without limitation the warranties of merchantability, fitness for a particular purpose, and non-infringement with respect to this Website. In no event will InnoMax® be liable for any special, indirect, incidental or consequential damages even if company has been advised of the possibility of such damages. InnoMax® and its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
You may submit comments, feedback, suggestions, ideas, complaints, images and questions (collectively, “Comments”) to InnoMax® through the links on our Site. All Comments disclosed, submitted or offered to InnoMax® on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site shall be and remain InnoMax’s property. Such disclosure, submission or offer of any Comments shall constitute an assignment to InnoMax® of all worldwide rights, titles and interests in all copyrights and other intellectual properties of the Comments. Thus, InnoMax® will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. InnoMax® is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments. You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make. You agree that InnoMax® may use and/or disclose information about your demographics and use of the Site in any manner that does not reveal your identity.
Creating An Account:
Upon creating an account with InnoMax®, you guarantee that the information you provide us is accurate, complete, and current. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization/permission. You may not use as a username any name that is offensive, vulgar or obscene. You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. 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 in our sole discretion.
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information needed to process your order: your name, email address, mailing address, phone number, and your credit card number and its expiration date. We use this information for billing purposes, to fill your order and update you about its status. If we have trouble processing your order, we’ll use this information to contact you. The information you provide is helpful to us in understanding who our customers are so that we can improve our products and services. By purchasing on this Site, You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. We reserve the right to refuse or cancel your order at any time for any reason(s), including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Links To Other Websites:
Our “Site, “Service” may contain links to third party web sites or services that are not owned or controlled by InnoMax®. We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit. InnoMax does not/has no – control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities and/or individuals or their website(s). You hereby acknowledge and agree that InnoMax® 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 the use of or reliance on any such content, goods or services available on or through any such third party web sites and/or services.
Contests, Sweepstakes and Similar Promotions:
THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BY YOUR USE OF THE SITE, YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE INNOMAX.COM/AMERICAN SLEEP COLLECTION.
Limitation Of Liability:
UNDER NO CIRCUMSTANCES, SHALL INNOMAX® OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF INNOMAX® HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THIS SITE OR ANY CONTENT ON THE SITE, OR WITH THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF INNOMAX® UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
You agree to defend, indemnify and hold InnoMax® harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use or misuse of the Site.