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Acceptance of Contract Terms
This User Agreement, and all of its terms and conditions, constitute a legal
contract between you and ITC. (References to "you" or "your" shall relate to
a customer of ITC or other party that visits, browses, shops, accesses or
otherwise uses the Site (the "Customer"); references to "ITC" shall relate
to ITC and its affiliates. By visiting, browsing, shopping, accessing or
otherwise using this site ("Site"), you acknowledge that you have read,
understood, and agree to be bound by this User Agreement and comply with all
applicable laws and regulations, including U.S. export and re-export control
laws and regulations. If you do not agree to this User Agreement, as it may
be changed by ITC from time to time, do not use this Site. The material
provided on this Site is protected by law, including, but not limited to,
United States copyright law and international treaties. This Site is
controlled and operated by ITC from its offices within the United States.
ITC makes no representation that materials in the Site are appropriate or
available for use in other locations, and access to them from territories
where their contents are illegal is not authorized. Those who choose to
access this Site from other locations do so on their own initiative and are
responsible for compliance with applicable local laws.
Any claim relating to, and the use of, this Site and the materials contained
herein is governed by the laws of the state of Florida without regard to
conflict of law rules. You consent to jurisdiction of the federal and state
courts located in Lee County, FL to hear any such claims.
Access, Interference and Linking
ITC grants you a limited license to access and make personal use of the Site
and not to download (other than page caching) or modify it, or any portion
of it, except as provided below under "Use Restrictions," or with express
written consent of ITC.
The following activity on the Site is expressly prohibited: Any non-personal
or commercial use of any robot, spider, other automatic device, or manual
process to monitor or copy portions of the Site or the content contained
herein without prior written permission by ITC; collection or use of any
product listings, descriptions, or prices, from the Site for the benefit of
another merchant that supplies products competitive with or comparable to
those offered on the Site; and, Any use of, visits to, or other action that
imposes an unreasonable or disproportionately large load on the Site, or
otherwise interferes with its proper and timely functioning.
Any unauthorized use terminates the license granted by ITC.
You are granted a limited, revocable, and nonexclusive right to create a
hyperlink to the home page of the Site so long as the link does not portray
ITC, its affiliates, or their products or services in a false, misleading,
derogatory, or otherwise offensive matter. You may not use any ITC logo or
other proprietary graphic or trademark as part of the link without express
written permission.
ITC does not review or control third-party sites that link to or from the
Site, and is not responsible for the contents of any third-party sites
linked to or from the Site.
Use Restrictions
The copyright in all material provided on this Site is held by ITC or by the
original creator of the material. Except as stated herein, none of the
material may be copied, reproduced, distributed, republished, downloaded,
displayed, posted or transmitted in any form or by any means, including, but
not limited to, electronic, mechanical, photocopying, recording, or
otherwise, without the prior written permission of ITC or the copyright
owner. Permission is granted to display, copy, distribute and download the
materials on this Site for personal, non-commercial use only, provided you
do not modify the materials and that you retain all copyright and other
proprietary notices contained in the materials. This permission terminates
automatically if you breach any of these terms or conditions. Upon
termination, you must immediately destroy any downloaded or printed
materials. You also may not, without ITC's prior written permission,
"mirror" any material contained on this Site on any other server. Any
unauthorized use of any material contained on this Site may violate
copyright laws, trademark laws, the laws of privacy and publicity, and
communications regulations and statutes.
All trademarks and registered trademarks are the sole property of their
respective owners. Photographs courtesy of respective manufacturers. ITC and
the ITC logo are registered trademarks of ITC. Copyright © 2010 ITC.
Microsoft and the Passport Logo are either registered trademarks or
trademarks of Microsoft Corporation in the United States and/or other
countries and are used under license from Microsoft.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL ITC
BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT
OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF ITC
OR A ITC AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED
FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY
COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION
MAY NOT APPLY TO YOU.
Arbitration
By accessing the Site and using the information therein available and/or by
purchasing any products or services made available through this Site, you
agree with ITC, its service providers, agents, employees, successors,
assigns, affiliates, parents, subsidiaries and any content provider or
offeror of goods or services on this Site or through any other associated
activity, that ANY CLAIM OR DISPUTE UNDER THE USER AGREEMENT AND ANY CLAIM
OR DISPUTE THAT YOU MAY HAVE AGAINST ANY OF THESE PERSONS OR ENTITIES,
WHETHER RELATED TO THE DESCRIBED TRANSACTIONS OR OTHERWISE, INCLUDING THE
ENFORCEABILITY OF THIS ARBITRATION AGREEMENT, WILL BE RESOLVED EXCLUSIVELY
AND FINALLY BY BINDING ARBITRATION under the Code of Procedure of
ARBITRATION-FORUM.COM (the "Code") in effect at the time the claim is filed.
The code can be obtained by calling
1-800-753-9448. Notwithstanding any choice of law provision included in this
User Agreement, this arbitration agreement is subject to the Federal
Arbitration Act (9 U.S.C. §§ 1-16) or as codified in the jurisdiction where
enforcement of the award is sought). Hearings shall be held as provided by
the Code and if any In-person Hearing is required, it shall be held in Fort
Myers, FL. Each party shall bear its own cost of any legal representation,
discovery, or research required to complete arbitration.
Account and Password
You are responsible for maintaining the confidentiality of your account and
password and for restricting access to your computer, and you agree to
accept responsibility for all activities that occur under your account or
password. If you are under 18, you may use the Site only with a parent or
guardian. ITC reserves the right to refuse service, terminate accounts,
remove or edit content, or cancel orders in its sole discretion.
Communications to ITC
Any communication or material you transmit to the Site by electronic mail or
otherwise, including any data, questions, comments, suggestions, or the like
is, and will be treated as, non-confidential and non-proprietary. Anything
you transmit or post may be used by ITC for any purpose, including but not
limited to reproduction, disclosure, transmission, publication, broadcast,
and posting. Furthermore, ITC is free to use any ideas, concepts, know-how,
or techniques contained in any communication you send to ITC or the Site for
any purpose whatsoever, including but not limited to developing,
manufacturing and marketing products using such information.
Disagreement with These Terms and Conditions
If you disagree with any of the terms and conditions of this User Agreement,
please do not visit, browse, shop, access or otherwise use this Site.
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