OVERVIEW
These Terms and Conditions govern your use of the Innovative Business Solutions, LLC (“Company”, “us”, “we”) website at www.innovative-business.net (“Site”). Company offers the Site, including all information, tools and services available on the site (collectively, “Service”), to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By accessing or using any part of the Site, you agree to be bound by these Terms and Conditions and other Company policies we may issue from time to time. These Terms and Conditions apply to all users of the Site, including without limitation, users who browse the Site, vendors, customers, merchants, and/or contributors of content.
Please read these Terms and Conditions carefully before accessing or using our website. If you do not agree to all the terms and conditions of this agreement, then you may not access the Site or use any services. Any new features or tools which are added to the current Site from time to time shall also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 – ONLINE SERVICE TERMS
By accessing and using the Site, you represent that you are at least twenty-one (21) years of age and you are authorized under applicable laws, regulations and ordinances to access and use the Service. If you engage the Service on behalf of any organization or company, you represent and agree that you have the proper authority to bind such organization or company to these Terms and Conditions. You may not use our Site for any illegal or unauthorized purpose. You are responsible for compliance with all applicable laws, regulations and ordinances in your jurisdiction. Any breach or violation of any of these Terms and Conditions will result in an immediate termination of your access to the Service.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse access to the Service to anyone for any reason at any time.
Subject to these Terms and Conditions, Company grants you a personal, revocable, non-transferable, non-exclusive limited license to access and use this Site only for your personal and internal business purposes and strictly in accordance with these Terms. Your use of the Site pursuant to these Terms and Conditions is limited to: receiving information about your available services for the location owned by you; sharing information with the Company, and engaging in service contracts with other entities via the Site. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You may access, download and print website materials only as necessary to transact business with Company or to receive information from the Company through the Site. In doing so, you must retain any and all notices, trademarks and other markings found on the Site materials and content. You agree not to reproduce, duplicate, copy, reverse engineer, sell, resell or exploit any portion of the Site or Service, or any contact on the Site through which the Service is provided, without express written permission by us.
We make no representations that the Site is appropriate or available for use in any particular location. To the extent you choose to access the Site, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. We reserve the right to change, suspend, remove, or disable access to the Site at any time without notice, in our sole discretion. In no event will we be liable for the removal or disabling of access to the Site, whether temporary or permanent. We may impose limits on the use of or access to the Site, or portions thereof, in any case and without notice or liability.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms and Conditions.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We make no representations that the information provided in response to any inquiry you pose on the Site shall be accurate or thorough. We are not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our Site.
SECTION 4 – MODIFICATIONS TO OFFERINGS, PRICING AND THE SERVICE
Prices for offerings from service providers are subject to change without notice. We reserve the right to modify or discontinue any conveyance of offerings from service providers or the Service (or any part or content thereof), at any time, without notice.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of any offerings from service providers or the Service.
SECTION 5 –SERVICE PROVIDERS
The Site is intended to assist with connections between the user our employees, and our service providers. Company makes no representations that the products offered by service providers will be available, or are authorized for sale, distribution, possession and/or use, in every jurisdiction in which the Site is available. You are solely responsible for compliance with any laws, regulations and ordinances governing the purchase of services available through our Site or any third-party website to which we may provide a link.
We do not warrant that the quality of any services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. We make no warranty regarding the nature of services provided by service providers and we have no liability for prices, services, delays, cancellations, negligence, intentional conduct, or any other actions or omissions of service providers or their affiliates, subsidiaries, agents, contractors, or employees.
SECTION 6 – ORDERS, BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any service you request. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by unauthorized persons, although we have no liability or legal obligation for any failure to do so.
SECTION 7 – THIRD-PARTY TOOLS
We may provide you with access to third-party software tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We are not responsible for our inability to provide services due to any loss of third-party services. We shall have no liability whatsoever arising from or relating to your use of third-party tools, nor the availability or lack of availability of any third-party tools.
Any use by you of third-party tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms and Conditions.
SECTION 8 – THIRD-PARTY LINKS
Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of services, goods, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions, including suggestions, complaints, creative ideas, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 – INTELLECTUAL PROPERTY
The entire content of the Site, including but not limited to text, graphics, data, user interfaces, visual interfaces, photographs, trademarks, logo designs, images, graphics, other original works, and computer code, and the design, structure, selection, coordination, expression, “look and feel” and selection and arrangement of such content (collectively, “Content”) is protected by U.S. and international copyright, trademark and other intellectual property laws and is owned, controlled, or licensed by or to the Company. You agree not to reproduce, imitate, alter, display, distribute, broadcast, upload, download, translate, transmit, reverse engineer, or use such Content, in whole or in part, in any manner, without the prior written permission of the Company.
Your use of the Site does not grant you any ownership rights to the Site or any of the Content. The Site and its Content, except for those aspects which may be in the public domain, are protected from unauthorized copying and dissemination by U.S. and international laws and conventions, including those relating to copyright, trademark, trade dress, unfair competition, and intellectual property.
SECTION 11 – PRIVACY / PERSONAL INFORMATION
Your submission of personal information through the Site, and our privacy-related practices, are outlined in and governed by our Privacy Policy on the Site.
SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, offers, service terms, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel service requests, or allow any third party to do so, if any information in the Service or on the Site or any related website is inaccurate, at any time and without prior notice (including after you have submitted your order). We are not legally liable for any such errors, inaccuracies or omissions.
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation pricing information, except as required by law. No specified update or refresh date applied in the Service or on the Site or any related website, should be taken to indicate that all information in the Service or on the Site or any related website has been modified or updated.
SECTION 13 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
You are prohibited from accessing or attempting to access this Site through accounts, servers, computers or networks belonging to another party, or engaging in any activity that might be used as a precursor to such an attempt. You are prohibited from accessing any other person’s account or providing information concerning any other person without consent.
SECTION 14 – DISCLAIMER OF WARRANTIES
The site and its content and the service are for general information only and are provided “as is” with no representations or warranties of any kind, either express or implied.
You expressly agree that your use of, or inability to use, the service is at your sole risk. We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. You agree that from time to time we may remove the service and disable access to the site for indefinite periods of time or cancel the service at any time, without notice to you. We do not warrant that defects in or on the site will be apparent or corrected, or that the site or its servers are free of viruses or other harmful components. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You assume the entire risk of any reliance on the site or its content and of any access to or use of the site and its content.
We disclaim any and all warranties and representations regarding the site and its content, whether express or implied, oral or written, including, without limitation, any and all implied warranties or merchantability, reasonable care, security, quality, timeliness, availability, completeness, reliability, accuracy, and/or fitness for a particular purpose (whether or not we are in fact aware of any such purpose).
We expressly disclaim any and all warranties of title and/or non-infringement with respect to the site and its content.
SECTION 15 – LIMITATION OF LIABILITY
In no case shall company, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 16 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless innovative software, llc and our parent companies, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from and against any and all liability, claim, expense, or demand, including reasonable attorneys’ fees, arising from your use or misuse of the site or its content, or arising out of your conduct, including a breach of these terms and conditions, or your violation of any law or the rights of a third-party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with us in asserting any available defenses.
SECTION 17 – GENERAL PROVISIONS
The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
These Terms and Conditions constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions).
Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
You may not assign or transfer your rights or obligations under these Terms and Conditions, by operation of law or otherwise, without Company’s prior written consent. Any attempt by you to assign or transfer your rights or obligations under these Terms and Conditions, without such consent, will be null and of no effect. Company may assign or transfer its rights and obligations under these Terms and Conditions, at its sole discretion, without restriction. Subject to the foregoing, the rights and obligations of the parties under these Terms and Conditions will bind and inure to the benefit of the parties, their successors, and permitted assigns.
SECTION 18 – GOVERNING LAW
These Terms and Conditions and the resolution of any dispute relating to these Terms and Conditions, the Site or the Service, shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflicts of laws principles. Any action or dispute arising from or relating to these Terms and Conditions, the website or the Service shall be held in and subject to the exclusive jurisdiction and venue of the federal courts located in Colorado or the state courts located in Douglas County, Colorado.
SECTION 19 – CHANGES TO TERMS AND CONDITIONS
You can review the most current version of the Terms and Conditions at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our Site or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.
SECTION 20 – CONTACT INFORMATION
Questions about the Terms and Conditions should be sent to us at info@innovative-business.net
Effective Date: [6/29/2021]