These General Terms and Conditions of Use ("Terms") are entered into by and between you and ITC, Inc., a Georgia corporation ("ITC"). In consideration of your use of and access to this Web site (the "infinitytechconsulting.com site"), and the promises and obligations herein, and intending to be legally bound, you and ITC hereby agree as follows:
Among other things, the infinitytechconsulting.com site provides information concerning various products and services and the opportunity to obtain additional information concerning those products and services or to purchase them. These Terms and the information provided in the infinitytechconsulting.com site in no way override the terms and conditions of your purchase of any product or service except as specifically provided herein. To the extent any area within the infinitytechconsulting.com site contains specific terms and conditions concerning its use ("Specific Terms"), those Specific Terms are in addition to these Terms. To the extent there is a direct conflict between these Terms and the Specific Terms, the Specific Terms shall prevail.
ITC shall have right at any time and without prior notice, at its sole discretion, to revise these Terms or to impose new terms and conditions with respect to access to or use of the infinitytechconsulting.com site. Such revisions and additions shall be effective immediately upon notice thereof, which may be given by any means, including but not limited to posting the revised or additional terms and conditions on the infinitytechconsulting.com site. You are responsible for reviewing the infinitytechconsulting.com site periodically for any modification to this Agreement that may affect your rights or obligations hereunder. You agree that you shall be deemed to be apprised of and bound by any modification by ITC to these Terms. ANY ACCESS OR USE OF THE INFINITYTECHCONSULTING.COM SITE BY YOU AFTER NOTICE OF REVISIONS OR ADDITIONS TO THESE TERMS SHALL CONSTITUTE AND BE DEEMED TO BE YOUR AGREEMENT TO SUCH REVISIONS OR ADDITIONS. No modification to these Terms by any party other than ITC shall be valid or enforceable against ITC unless expressly agreed to by ITC in a writing signed by a duly authorized officer of ITC.
These Terms are effective until terminated by ITC. ITC may terminate these Terms without notice and at any time. In the event of termination, you are no longer authorized to access the infinitytechconsulting.com site, and the restrictions imposed on you with respect to the Content, and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms shall survive termination.
ITC shall also have the right without notice and at any time to terminate the infinitytechconsulting.com site or any portion thereof, or any products or services offered through the infinitytechconsulting.com site, or to terminate any individual's right to access or use the infinitytechconsulting.com site or any portion thereof.
You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of the infinitytechconsulting.com site and your purchase of the items on the infinitytechconsulting.com site. You must be at least 18 years old to use the infinitytechconsulting.com site.
The text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material provided on the infinitytechconsulting.com site, as well as the selection, assembly and arrangement thereof, are referred to collectively as the "Content."
The Content may contain errors, omissions, or typographical errors or may be out of date. ITC may change, delete, or update any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding on ITC in any way except to the extent it is specifically indicated to be so.
Unless otherwise noted, all Content is protected by copyrights, trademarks, service marks, and other proprietary rights that are owned by ITC or by third parties that have licensed their use to ITC. You may view and use the Content only for your personal information and for shopping and ordering on the infinitytechconsulting.com site, and for no other purpose, and you shall retain intact all copyright and other proprietary notices. Except as provided in the foregoing, ITC does not grant to you or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Content on or transmitted through the infinitytechconsulting.com site, including without limitation by transferring, downloading or otherwise copying any Content onto any disk drive or other storage medium. Any use of the Content, except as specifically permitted in these Terms or as otherwise expressly permitted in the Content or in a writing signed by ITC, is strictly prohibited.
If you believe that your work has been copied in a way that constitutes copyright infringement or your intellectual property rights have otherwise been violated, please provide the ITC copyright agent the written information specified below:
A statement by you, under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or other intellectual property owner or are authorized to act on behalf of the copyright or other intellectual property owner.
The designated ITC agent for notice of claims of copyright or other intellectual property infringement can be reached via email at email@example.com.
Links to other Internet sites operated by third parties, including ITC vendors or partners, do not constitute sponsorship, endorsement, or approval by ITC of the content, policies, or practices of such linked sites. Linked sites are not operated, controlled, or maintained by ITC, and ITC is not responsible for the availability, content, security, policies, or practices of linked sites, including without limitation privacy policies and practices. Links to other sites are provided for your convenience only, and you access them at your own risk.
All prices and fees displayed on the infinitytechconsulting.com site are quoted in U.S. dollars. ITC may restrict delivery to addresses within the United States and Canada. ITC will add shipping and handling fees and applicable sales/use tax. ITC reserves the right without prior notice to discontinue or change specifications and prices on products and services offered on the infinitytechconsulting.com site without incurring any obligation to you. Products displayed on this site are available while supplies last. Descriptions of, or references to, products or services on the infinitytechconsulting.com site do not imply endorsement of that product or service, or constitute a warranty, by ITC.
The receipt by you of an order confirmation does not constitute ITC's acceptance of an order. Prior to ITC's acceptance of an order, verification of information may be required. ITC reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from ITC, for any reason. ITC reserves the right to limit the order quantity on any item and to refuse service to any customer without prior notification.
In the event that a product or service is listed at an incorrect price due to supplier pricing information or typographical error, ITC shall have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, ITC shall promptly issue a credit to your credit card account in the amount of the incorrect price.
The risk of loss and title for all products purchased by you and shipped by ITC pass to you upon ITC's delivery to the carrier for shipment. The risk of loss and title for all products purchased by you and shipped directly by one of ITC's vendors pass from such vendor to you upon such vendor's delivery to the carrier for shipment.
ITC MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE INFINITYTECHCONSULTING.COM SITE OR ANY LINKED SITE OR ITS CONTENT, INCLUDING THE AVAILABILITY OF ANY SITE OR THE CONTENT, INFORMATION AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THAT CONTENT, INFORMATION AND MATERIALS. ITC ALSO DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE INFINITYTECHCONSULTING.COM SITE OR ANY LINKED SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE INFINITYTECHCONSULTING.COM SITE OR ANY LINKED SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, ALL CONTENT PROVIDED ON THE INFINITYTECHCONSULTING.COM SITE IS PROVIDED TO USERS "AS IS," WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. THE "AS IS" CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE INFINITYTECHCONSULTING.COM SITE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
UNDER NO CIRCUMSTANCES SHALL ITC, ITS SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY OUT OF ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE INFINITYTECHCONSULTING.COM SITE OR ANY LINKED SITE OR ITS CONTENTS, INCLUDING BUT NOT LIMITED TO LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF ITC IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
UNDER NO CIRCUMSTANCES SHALL ITC, ITS SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD OR PROVIDED ON THE INFINITYTECHCONSULTING.COM SITE, EVEN IF ITC IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL ITC’S LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM.
You agree to defend, indemnify, and hold harmless ITC, ITC's vendors, and their affiliates and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including but not limited to reasonable attorneys' fees and court costs), arising out of or relating to your breach of these Terms or your access to or use of the infinitytechconsulting.com site. The foregoing indemnification obligation shall survive termination of these Terms and the infinitytechconsulting.com site and any product or service provided to you arising out of or relating to your use of the infinitytechconsulting.com site.
These Terms constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by ITC of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any other provisions of the Terms. The headings and captions in these Terms are intended for convenience only and shall in no way affect the interpretation of the Terms.
ITC shall not be liable for any nonperformance or delay in performance caused by any act beyond its reasonable control, including but not limited to acts or omissions of third parties, unavailability of supplies, equipment failure, war, strikes, lock-outs, fire, flood, or any other Act of God, any law, regulation, ordinance, or other act or order of any court, government, or governmental agency, or delays, unavailability, errors, or other failures of the Internet or other data networks.
Access to or use of the infinitytechconsulting.com site shall not be construed as ITC's purposeful availment of the privilege or benefits of doing business in any state or legal jurisdiction other than the State of Georgia. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to conflicts of law provisions. Additionally, any claims brought against ITC shall be governed by and construed in accordance with the laws of the State of Georgia. Sole and exclusive jurisdiction for any action or proceeding arising out of, or related to, this Agreement, use of this web site, or any orders placed or products purchased on infinitytechconsulting.com, shall be in the state or federal courts located in the county of DeKalb in the State of Georgia.
By using the infinitytechconsulting.com site, you expressly acknowledge and agree that the infinitytechconsulting.com site (including the arrangement thereof) and all of its content, including text, pictures, graphics, logos, button items, works of authorship, proprietary software, data, reports, information, images, music, sound, video, services and other material ("content"), are owned by ITC and/or its third party content providers.
The content is protected by copyright, trademark and other intellectual property laws in the United States and internationally. The compilation (meaning the collection, arrangement and assembly) of all content and proprietary software is also the exclusive property of ITC and is protected by United States and international copyright laws.
The Web site may contain trademarks or service marks of ITC. The domain name for the Web site, ITC’s brand marks, including, without limitation, all page headers, custom graphics, and button icons are service marks, trademarks, logos, and/or brand image of ITC. All other trademarks, service marks, brand images, product names, company names or logos, whether registered or not, on the Web site are the property of ITC and/or their respective owners.
ITC's designated agent for receipt of notification of claimed infringement is:Infinity Technology Consulting, Inc.
If you believe that any material posted or used on the Web site infringes on your copyrights, you must send a notification of claimed infringement to the designated agent listed above containing the following information: (i) signature of the copyright owner or their agent, (ii) identification of the copyright work claimed to have been infringed, (iii) identification of the material that is claimed to be infringing, and information sufficient to locate the material, (iv) information on how to contact the complaining party, (v) a statement of your good faith belief that use of the material in the manner is not authorized by the copyright owner, its agent, or the law, and (vi) a statement that the information in the notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of the material that is allegedly infringed.