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Terms & Conditions: Terms & Conditions By using this site, you have agreed to these terms of use: The following terms and conditions govern the relationship between you and Integrative Ideas, LLC for use of this web site. By indicating your acceptance of these terms and conditions you agree to be bound by and adhere to these terms and conditions and you agree that Integrative Ideas, LLC can enforce these terms and conditions against you. 1. WEB SITE. Integrative Ideas, LLC has developed and owns certain software and associated hardware designed for use by you for display, marketing and sale of your products over the internet. Such software and hardware shall be known as the System. 2. LICENSE GRANT. Integrative Ideas, LLC grants to you a non-exclusive, non-transferable, non-resalable license to access and to use the System to display your products for viewing by your potential customers over the internet. You may begin your access by signing up on this web site after your agree to these terms and conditions. Your access to the System shall be to the version of the System made available from time to time by Integrative Ideas, LLC. 3. LICENSE RESTRICTIONS. The License granted to you is restricted to use by you in your business and subject to all limitations as to band width, size of storage, access of the System, System activity and all other limitations currently or in the future imposed by Integrative Ideas, LLC, in its sole discretion. You shall not: (a) make available or distribute all or part of the System to any third party by assignment, sublicense, transfer or any other attempted transfer (this does not prohibit you making the System available to your customers as provided for in these terms and conditions); (b) copy, adapt, modify, create derivative works, reverse engineer, decompile, disassemble, or change, in whole or in part, any of the System; (c) use the System to operate in or as a time-sharing, outsourcing, or service bureau environment, or in any way allow any third party to display or offer to sell their products using the System; (d) allow other persons other than you and your employees to access the System to manage your account; (e) operate the System or attempt to operate the System outside of the limitations imposed by Integrative Ideas, LLC; (f) allow any third party to do any action that you are prohibited from doing by these terms and conditions; or (g) attempt to get around or avoid any password, time lock or other access protection system used by the System. 4. OWNERSHIP. Integrative Ideas, LLC is the owner of the System and you do not acquire any rights of ownership under these terms and conditions. You agree that all development, inventions and creations of any type or character relating to the System belong to Integrative Ideas, LLC, even if you participated in creating the same. 5. USE OF CREDIT/DEBIT FOR PAYMENT. The System allows for your customers to pay for purchases using their credit/debit cards and Integrative Ideas, LLC will process such payments for collection from the card companies. Amounts representing such purchases will be deposited in Integrative Ideas. LLC's account and will be available, less the allowed commission, for payment to you within 10 days after receipt of such payment. You may access your payments by following the directions on the web site and a check will be prepared within ten business days after your request is received. If any payment from your customer is reversed by a card company and charged back against the account of Integrative Ideas, LLC then you agree to immediately pay such charged back amount to Integrative Ideas, LLC and you authorized deduction of such amount from any future payments owed to you. 6. COMPENSATION. As compensation for your use of the System, you agree to pay to Integrative Ideas, LLC a commission upon all sales made using the System. This commission shall be in the initial amount of 10% and you will be given notice at least thirty days in advance of any increase in the amount of the commission. If you do not pay to Integrative Ideas, LLC all amounts owed to it for commissions, charge backs or otherwise owed, then you specifically agree that your access to the System and your customer's access to the System may be suspended or terminated by Integrative Ideas, LLC. 7. OWNERSHIP OF IMAGES. You represent that you own all images that you upload to the System and that no other person or entity has any interest, copyright or otherwise, in such images. You grant to Integrative Ideas, LLC the right to store, resize, display, copy, and create derivative works from such images for the purpose or operating the System, including but not limited to archival and back of the System. 8. CONFIDENTIAL. "Confidential Information", shall mean the System, its software, documentation and materials. You acknowledge the confidential and proprietary nature of the Confidential Information and agree that you will not reveal or disclose any Confidential Information for any purpose to any other person, firm, corporation or other entity 9. WARRANTY. Integrative Ideas, LLC warrants that the System when available and when accessed and properly used will provide the features and functionality in the then current version of the System. The foregoing warranty is in effect as of the date of this Agreement and continues during the Term of this Agreement. THE FOREGOING WARRANTY IS EXCLUSIVE, AND IN LIEU OF AL OTHER WARRANTIES, EXPRESS OR IMPLIED, WRITTEN OR ORAL, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR ANY WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSE. This Exclusion may be modified by applicable Law and if so then this Exclusion shall be so limited. You agree that access to, availability of and performance of the internet is not controlled by either party and that Integrative Ideas, LLC does not guarantee that the System will always be available over the internet or that you or your customers will always be able to access the System, no warranty is made as to accessibility, up time, or performance of the system. As your sole remedy and Integrative Ideas, LLC's sole obligation for breach of any of the foregoing warranties or breach of these terms and conditions Integrative Ideas, LLC shall at it's option either repair or replace the incorrect or non-function part of the System. Integrative Ideas, LLC's obligations under the foregoing warranty shall be conditioned upon (a) it receiving from you prompt notice of the alleged breach and (b) you cooperating fully in evaluation and repair of the problem. 10. FORCE MAJEURE. "Force Majeure" means an event or circumstance not reasonably foreseeable and not within the control of either party that prevents, or renders so difficult as to be commercially impracticable, performance by either party of its obligations hereunder, including but not limited to labor shortages, fire, flood, tornado, wars, acts of God, terrorism delays in material supply, equipment breakdown, transportation delays, embargoes, strikes and labor disputes. If a party's performance under this Agreement is prevented, restricted, or interfered with by reason of a force majeure, the party will be excused from such performance to the extent of such force majeure (except for your payment obligations, which are not to be affected by force majeure). 11. LIMITATION OF REMEDIES. Other than the warranty contained in these terms and conditions Integrative Ideas, LLC shall not be responsible for any damages, of any type, arising under any legal theory, tort, contract or out of the System, or these terms and conditions or any use of the System. In no event will Integrative Ideas, LLC be liable for nor shall you have a remedy for the recovery of any special, indirect, incidental or consequential damages, including but not limited to lost profits, loss of goodwill, work stoppage, computer failure or malfunction, loss of data, or other commercial damage, even if you have advised the possibility of them. . In no event shall Integrative Ideas, LLC's obligation to you for all claims under the warranty, under these terms and conditions or relating to the System or use of the System exceed, in the aggregate, the average monthly amount of commission paid by you over the prior twelve months. 12. INDEMNIFICATION. You shall indemnify, defend and hold Integrative Ideas, LLC harmless from any and all claims, damages, costs and expenses of any type, including but not limited to reasonable attorneys fees, that arise from any use of the System by you by your customers or from any claim arising out of use of the images that you upload to the System, including but not limited to claims of copyright infringement. 13. TERM & TERMINATION. Your right to use the System is on a month to month basis and may be terminated at any time for any reason by either party by notice to the other party 14. GENERAL. These terms and conditions will be construed under the laws of the State of Kansas except for that it conflicts of law provisions. 15. NO WAIVER. The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.
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