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Infused Industries, Inc. will provide to You Software and Services to be used in supporting online product sales (SociableShops).
Infused Industries, Inc. (The Company, Infused, Infused Industries, us, our, we) provides SociableShops to You, subject under the full inclusion of these terms of service (TOS, Terms, the Terms). The TOS will govern, comprehensively, your use of Infused Industries’ SociableShops Support Package, Software, website and any associated content or processes (the Application, App, Software) and constitute an agreement between You and Us.
Your use of the Software in any capacity is conditioned upon your acceptance and continued adherence to these Terms. By agreeing to these terms, You certify that all information You have or will provided in our signup process about You and your company is one hundred percent accurate and up to date, and that you are authorized by your company to enter into this agreement.
You agree and understand that these Terms may be modified by us at any time without prior notice, and such modifications will be effective upon our notification to the email address given to Us by You in association with your Software account. You agree to review the Terms and any updates and modifications. Your continued use of the Software after any modifications indicates your acceptance of the modified Terms.
Upon Your acceptance of the terms hereof, Infused Industries, Inc grants to You a limited, personal, non-exclusive, non-assignable and non-transferable license to use the Software in executable code form only and any error corrections, updates and supplements thereto provided to You by Us.
By using our Software, you agree that you are responsible for data, information and content (Information) that you make available to the general public.
Infused Industries, Inc. retains the right to display graphics and other Web content elements as examples of their work in their portfolio and as content features in other projects. Infused Industries, Inc. also retains the right to place a text link on the bottom of every website page.
Different countries have different regulations. We make no representations that the Software is appropriate or legally available for use in locations outside the United States. If you are providing this Software in jurisdictions where the Software may be illegal, you are solely responsible for complying with all local laws regarding acceptable content and processes.
Infused reserves the right to change or modify in any way its software and services. We make no guarantee for uninterrupted or continual service. You agree that any losses or damages to you or any third party due to discontinuous or inconsistent service cannot and will not be the responsibility of Infused Industries, Inc.
You acknowledge and agree that our Software and any Service or Content used in connection with the Software contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Infused Industries, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Software, Services or Content, in whole or in part.
You expressly understand and agree that:
Your use of our Software is at your sole risk. The Software is provided on an “AS IS” and “AS AVAILABLE” basis. Infused expressly disclaims all warranties of any kind, whether expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
We are not responsible for the conduct, whether online or offline, of any user of the Software.
In no event will we be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including damages for any lost profits or lost data arising from your use of the Software, even if we are aware or have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the greater of: (a) the amount paid, if any, by you to us for your use of or access to the Software that caused the damages; or (b) ten dollars ($10 USD). Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages..
You agree to indemnify and hold us and our directors, officers, agents, contractors, partners and employees harmless from and against any loss, liability, claim or demand, including reasonable attorneys' fees, arising out of any claim, action, investigation or proceeding made or instituted by any third party due to or arising out of your use of the Software in violation of these Terms.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
ENTIRE AGREEMENT. #### THIS TERMS OF SERVICE CONSTITUTES THE ENTIRE AGREEMENT BETWEEN YOU AND INFUSED INDUSTRIES IN CONSIDERATION TO YOUR USE OF THE SOFTWARE AND GOVERNS YOUR USE OF THE SOFTWARE, SUPERSEDING ANY PRIOR AGREEMENTS BETWEEN YOU AND INFUSED WITH RESPECT TO THE SOFTWARE. YOU ALSO MAY BE SUBJECT TO ADDITIONAL TERMS AND CONDITIONS THAT MAY APPLY WHEN YOU USE CERTAIN OTHER INFUSED SOFTWARE OR SERVICES, AFFILIATE SERVICES, THIRD-PARTY CONTENT OR THIRD-PARTY SOFTWARE. WAIVER AND SEVERABILITY OF TERMS. #### THE FAILURE OF INFUSED TO EXERCISE OR ENFORCE ANY RIGHT OR PROVISION OF THE TOS SHALL NOT CONSTITUTE A WAIVER OF SUCH RIGHT OR PROVISION. IF ANY PROVISION OF THE TOS IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE INVALID, THE PARTIES NEVERTHELESS AGREE THAT THE COURT SHOULD ENDEAVOR TO GIVE EFFECT TO THE PARTIES’ INTENTIONS AS REFLECTED IN THE PROVISION, AND THE OTHER PROVISIONS OF THE TOS REMAIN IN FULL FORCE AND EFFECT. STATUTE OF LIMITATIONS. #### YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SOFTWARE OR THE TOS MUST BE FILED WITHIN NINETY (90) DAYS AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED
These Terms shall be governed by and construed in accordance with the substantive laws of the State of North Carolina, U.S.A., without reference to conflicts of laws, provisions and, as to matters affecting copyrights, trademarks and patents, by U.S. federal law. Any dispute or claim arising out of or in connection with these Terms shall be finally settled by binding arbitration in Raleigh, North Carolina in accordance with N.C. Gen. Stat. § 1-567.1 et seq. (the "Uniform Arbitration Act") and the then-current rules and procedures of the American Arbitration Association by one (1) arbitrator appointed by the American Arbitration Association. The arbitrator shall apply the law of the State of North Carolina, without reference to rules of conflict of law or statutory rules of arbitration, to the merits of any dispute or claim. Judgment on the award rendered by the arbitrator may be confirmed, reduced to judgment and entered in any court of competent jurisdiction. You agree that, any provision of applicable law notwithstanding, the arbitrator shall have the authority to award the prevailing party its costs and reasonable attorneys' fees. We reserve the right to seek any interim, preliminary or other equitable relief from a court of competent jurisdiction as necessary to protect our rights or our property or the rights or property of our agents, suppliers and subcontractors.
In the event that the above arbitration provision is held invalid or unenforceable, then any dispute with respect to these Terms shall be brought and heard either in the North Carolina state courts located in Wake County, North Carolina, or the federal district court for the Eastern District of North Carolina located in Raleigh, North Carolina. In such event, you consent to the in person jurisdiction and venue of such courts. You agree that service of process upon you in any such action may be made if delivered in person, by courier service, by telegram, by facsimile or by first class mail, and shall be deemed effectively given upon receipt.
This agreement becomes effective only when agreed upon by You.
