EasyTag | Terms & Conditions of Use

WEBSITE TERMS AND CONDITIONS OF USE
Revised as of February 12, 2015

Welcome to www.EasyTagAL.com (the “Website”). Ingenuity, Inc. (“Company“ hereinafter be referred to as “us”, “we”, and “our”) provides access to the Website, and its services offered via the Website (“Services”), to you subject to the following Terms and Conditions of Use. In return for gaining access to the Website and the generated emails and/or text messages sent by the Website, you agree to be bound by these Terms and Conditions of Use without limitation or qualification. If you do not intend to be legally bound by these Terms and Conditions of Use, please do not access or use the Website.

If you visit the Website, you accept these Terms and Conditions of Use. Please read them carefully.

Privacy

Please review Website’s Privacy Policy, which also governs your visit to the Website, to understand Company’s privacy practices.

Basic Terms

You are responsible for your use of the Website, including any content contained or sent by the Website. You may use the Website, its content and its services only in compliance with these Terms and Conditions of Use and all applicable local, state, national and international laws, rules and regulations.

Disclaimer of Warranties and Limitation of Liability

The Website is provided by Company on an “as is” and “as available” basis. Company makes no representation or warranties of any kind express or implied, as to the operation of the Website or the information, content, materials, or products included on the Website. To the fullest extent permissible by applicable law, Company disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Company does not warrant that the Website or its servers are free of viruses or other harmful components, nor does it warrant that the Website or its servers will meet your requirements or be available on an uninterrupted, secure or error-free basis. Company will not be responsible or liable for any harm to your computer system, loss of data or other harm that results from your access to or use of the Website or content therein. You also agree that Company has no responsibility or liability for the deletion of, or the failure to store or to transmit, any content.

You expressly understand and agree that Company will not be liable for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use data or other intangible losses relating to the Website, the use of the Website services or the third party materials and other functionalities of the Website where applicable. This limitation of liability applies, without limitation, to any damages or injury caused by any error, omission or other failure of performance by Company or its affiliates; any interruption, defect or delay in operation or transmission, including communication line failure; any computer virus; and any theft, destruction or alteration of, or unauthorized access to or use of, any electronic records.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

Electronic Communications

When you visit the Website or send e-mailemails to Company, you are communicating with Company electronically. You consent to receive communications from us electronically. Company will communicate with you by e-mailemail or by posting notices on the Website. You agree that all agreements, notices, disclosures, and other communications that Company provides to you electronically via e-mailemail or by posting notices on the Website satisfy any legal requirement that such communication be in writing.

All content included on the Website, including, but not limited to, text, design, graphics, logos, button icons, images, audio clips, digital downloads, interfaces, data compilations, software, and code, is the property of Company, its affiliates or its content suppliers, and is protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Company, its affiliates, or its content suppliers, and is protected by U.S. and international copyrights. All software used on this website is the property of Company, its affiliates, or its software suppliers, and is protected by U.S. and international copyright laws. For purposes of these Terms and Conditions of Use, the term “affiliates” means any entity or person, directly or indirectly, owning a controlling interest in, or under common ownership control with, Company, or any entity or person in which Company, directly or indirectly, owns a controlling interest. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the copyrighted works displayed or contained in the Website without the express written consent of Company.

Trademarks

Company is the owner of the unregistered trademarks, service marks, trade names, graphics, logos, page headers, button icons, scripts, trade dress, or other indicia of trade origin that appear on the Website. The registered and unregistered trademarks, service marks, trade names, graphics, logos, page headers, button icons, scripts, trade dress or other indicia of trade origin of Company or its affiliates may not be used in connection with any business, product, or service whose source is not Company or one of its affiliates, in any manner that is likely to cause confusion among customers, the trade, or the public, or in any manner that disparages or discredits Company or any of its affiliates.

Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the trademarks, service marks, trade names, graphics, logos, page headers, button icons, scripts, trade dress, or other indicia of trade origin of Company or its affiliates displayed or contained in the Website without the express, written consent of Company or its affiliates.

License and Site Access

Company grants you a nonexclusive, nontransferable, limited right and license to access and make use of the Website and the material provided therein, provided that you fully comply with the Terms and Conditions of Use of the Website. You agree not to download (other than page caching) or modify the Website, or any portion of it, except with express, written consent of Company or its affiliates. This license does not include any rights of resale or commercial use of the Website or its contents; any derivative use of the Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The Website or any portion of the Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express, written consent of Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including, without limitation, images, text, page layout, or form) of Company or its affiliates without its or their respective express, written consent. You may not use any metatags or any other “hidden text” utilizing Company’s or its affiliates’ name or trade names, trademarks, or service marks without the express, written consent of Company or its affiliates. Any unauthorized use terminates the permission or license granted by Company or its affiliates.

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Company so long as the link does not portray Company, its affiliates, or their products or services, in a false, misleading, derogatory, or otherwise offensive matter. You may not use any proprietary graphic, trade name, trademark, or service mark of Company as part of the link without the express written consent of Company or its affiliates.

Your Account

If you use the Services of the Website, you are responsible for maintaining the confidentiality of your account and password and for restriction access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

Children

Company does not sell products for children. If you are under 18, you may use the Website only with involvement of a parent or guardian.

Reviews, Comments, Communications, and Other Content

Company and its affiliates reserve the right to refuse service, terminate accounts or remove or edit content in their sole discretion. Visitors may not post reviews, comments and other content, send e-cards and other communications, or submit suggestions, ideas, comments, questions, or other information, any of which is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or which consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam”.

Site Content

Company and its affiliates attempt to be as accurate as possible. However, Company does not warrant or represent that content of the Website is accurate, complete, reliable, current, or error free.

Links

These Terms and Conditions of Use apply only to the Website, and not to the websites of any other person or entity. Company may provide, or third parties may provide, links to other worldwide websites or resources. You acknowledge and agree that Company is not responsible for the availability of such external websites or resources, and does not endorse (and is not responsible or liable for) any content, advertising, products, services or other materials on or available from such other websites or resources. You further acknowledge and agree that, under no circumstances, will Company be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, advertisements, products, services or other resources available from any other website (regardless of whether Company directly or indirectly links to such content, advertisements, products, services, or other resources). You should direct any concerns with respect to any other websites to that website’s administrator or webmaster.

Company respects the intellectual property rights of others, and Company asks its users to do the same. In appropriate circumstances and in Company’s discretion, Company may terminate the rights of any user to use of the Website (or any part thereof) who infringes the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or if you are aware of someone so infringing on your rights, please provide the following information to the “Copyright Agent” specified below:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the Website;
Your address, telephone number, and e-mailemail address;
A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, and or the law; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

You may send any notices, including notices of copyright infringement under the Digital Millennium Copyright Act, to Company’s designated agent for notice of claims of copyright infringement on the Website are the following addresses:

8137 Helena Road
Pelham, AL 35214
Support@ALTags.com

Please note that this procedure is exclusively for notifying Company and its affiliates that your copyrighted materials have been infringed.

THIS POLICY IS INTENDED TO COMPLY FULLY WITH THE REQUIREMENTS OF THE ONLINE COPYRIGHT INFRINGMENT LIABILITY ACT

Indemnity

Notwithstanding any other term of these Terms and Conditions of Use or any failure to act of Company or its agents or its affiliates, you agree to indemnify, defend and hold harmless Company and its directors, officers, employees, partners, principals, affiliates and their successors and assigns from and against any damages, liabilities, claims, demands and costs and expenses (including reasonable attorneys’ fees), arising out of (i) your use of the Website or the information therein, (ii) your participation in any activities arising from the Website, (iii) your violation of, or failure to perform, your obligations under this Agreement or (iii) your violation of a right of any third party.

Disputes

Any dispute relating in any way to your visit to the Website shall be submitted to confidential arbitration in Birmingham, Alabama, of the United States of America, except that, to the extent you have in any manner violated or threatened to violate Company’s intellectual property rights, Company may seek injunctive or other appropriate relief in any state or federal court in the State of Alabama, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Terms and Conditions of Use shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration involving any other party subject to these Terms and Conditions of Use, whether through class arbitration proceeding or otherwise.

Site Policies

As noted above, you are encouraged and advised to review the Terms and Conditions of Use and the Privacy Policy posted on the Website. These policies also govern your visit to the Website. By using the Website, you agree to be bound by and to abide by these policies, just as if you had signed an agreement. If you do not comply with these Terms and Conditions of Use at any time, Company reserves the right, if applicable, to terminate your password, user account, or your access to the Website (or any part thereof). You agree that any termination or cancellation of your access to, or use of, the Website, may be effected without prior notice. Further, you agree that Company will not be liable to you or to any third party for any termination or cancellation of your access to, or use of, the Website.

Modification

Company reserves the right, in its sole discretion, to change, modify, add to, or remove portions of the Website, the Terms and Conditions of Use and the Privacy Policy at any time. You should check these Terms and Conditions of Use and Privacy Policy periodically for changes.

Company may revise these Terms and Conditions of Use from time to time. If the revision, in Company’s sole discretion, is material, Company will notify you. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms and Conditions of Use. If you do not agree to these Terms and Conditions of Use and the Privacy Policy, you should not use the Website and, if applicable, you should arrange to cancel your registered user account with us.

Severability

If any of these Terms and Conditions of Use is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severed and will not affect the validity and enforceability of any remaining terms and conditions.

Governing Law

The Website was developed in the United States of America in accordance with and shall be governed by the laws of the State of Alabama, United States of America. By visiting the Website, you agree that the laws of the State of Alabama, without regard to principles of conflict of laws, will govern these Terms and Conditions of Use, and any dispute of any sort that might arise between you and Company or its affiliates.

Section Titles

The section titles in the Terms and Conditions of Use and Privacy Policy are for convenience only and have no legal or contractual effect.

Company’s Address

Ingenuity, Inc.
8137 Helena Road
Pelham, AL 35124