Last Updated: 1.11.2023
2. User Accounts.
If you register an account on the Site (an “Account”), you: must not allow any third party to access the Site or your Account using the email address and password (“Login Credentials”) you provided during the registration process; are prohibited from using anyone else’s Login Credentials and password to access the Site or your Account; are responsible for any use of your Account by any third party who accesses the Site or your Account using your Login Credentials and/or password, including any and all purchases made under your Account (whether authorized by you or not); will notify us immediately if you suspect any unauthorized use of your Account or of your Login Credentials; and are responsible for ensuring that any information that you provide to us as part of the account registration process is truthful, accurate, complete, and is kept up to date at all times, and you will notify us immediately of any changes to this information. We are not responsible or liable for any loss or damage arising from your failure to comply with these requirements and you may be held liable for any losses incurred by us or any other user of the Site if your failure to keep your account information secure and confidential results in someone else’s use of your Account or account information.
3. Use of Site Content.
Other than as expressly permitted in the next sentence, you may not copy, reproduce, distribute, transmit, display, perform, publish, license, modify, translate, adapt, create derivative works from, transfer, sell or otherwise exploit the Site or any content, information, software, products or services obtained from the Site without our prior written permission. You may view and display the public portions of the Site (that do not require password access) solely for your own internal, noncommercial, lawful use. You may only use restricted Site content subject to the expressly stated restrictions or limitations relating to specific material on the Site, and such other additional terms and conditions or agreements as we or our licensors or suppliers may require you to agree to as a condition to use such material. If you make other use of the Site and materials available through the Site, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.
4. Prohibited Uses.
You may not (a) decompile, disassemble, or reverse engineer the Services or any portion thereof; (b) attempt to gain unauthorized access to theServies, any portion thereof, including content accessible via theServices, or any other system or platform through the Services; (c) use any automatic device, program, algorithm, or methodology, or engage in harvesting of email addresses or other personal information, unsolicited emailing, phone calling or mailings, spoofing, flooding, overloading, spidering, screen scraping, database scraping, or any similar or equivalent manual process to access, acquire, copy or monitor any portion of the Services or any content on the Site; (d) reverse look up, trace or seek to trace any information on any other user of or visitor to the Services to its source. You may use the Services only for lawful purposes in accordance with these Terms. You agree not to use the Services:
· In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
· For the purpose of exploiting, harming, or attempting to exploit or harm, minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
· To send, knowingly receive, upload, download, use, or re-use any material which violates the rights of any individual or entity established in any jurisdiction.
· To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
· To impersonate or attempt to impersonate any person or entity.
· To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm InterWorks or users of the Services or expose them to liability.
Additionally, you agree not to:
· Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services.
· Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any Services traffic or resources available on the Services.
· Use any manual process to monitor or copy any Services traffic or resources available on the Services or for any other unauthorized purpose without our prior written consent.
· Use any device, software, or routine that interferes with the proper working of the Services.
· Introduce any viruses, trojan horses, worms, logic bombs, or other software or material which is malicious or technologically harmful.
· Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services or any server, computer, database, or other resource or element connected to the Services.
· Violate, attempt to violate, or knowingly facilitate the violation of the security or integrity of the Services.
· Otherwise attempt to interfere with the proper working of the Services.
You agree not to use the Services to send, knowingly receive, upload, download, use, or re-use any material which:
· Contains any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
· Promotes sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
· Infringes any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
· Violates the legal rights (including the rights of publicity and privacy) of others or contains any material that could give rise to any civil or criminal liability under applicable laws or regulations.
· Is likely to deceive any person.
· Promotes any illegal activity, or advocates, promotes, or assists any unlawful act.
· Causes annoyance, inconvenience, or needless anxiety or is likely to upset, embarrass, alarm, or annoy any other person.
· Impersonates any person, or misrepresents your identity or affiliation with any person or organization.
· Involves commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
· Gives the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
The Service is provided for our customers only, you agree not to, whether for a fee or not, sell, transfer, trade, rent or allow others to use the Services. You agree that you will not use the Services in any manner that could damage, disable, overburden or impair the Services or interfere with any other party’s use and enjoyment of the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services.
You will not use the Services to violate any applicable law, rule or regulation or interfere with others’ rights, and you will not encourage or enable others to violate any applicable law, rule or regulation or interfere with others’ rights.
InterWorks, in its sole discretion, will determine whether your conduct is in compliance with these Terms. We have the right to:
· Monitor your use of the Services for any purpose in our sole discretion and as we see fit.
· Take any action we deem necessary or appropriate in our sole discretion if we believe a user’s conduct violates these Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public, or could create liability for InterWorks.
· Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
· Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
· Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone who accesses or uses the Services. YOU HEREBY WAIVE AND AGREE TO HOLD HARMLESS INTERWORKS AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY INTERWORKS, ITS AFFILIATES, LICENSEES OR SERVICE PROVIDERS, AS THE CASE MAY BE, DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER INTERWORKS, ITS AFFILIATES, LICENSEES OR SERVICE PROVIDERS, AS THE CASE MAY BE, OR LAW ENFORCEMENT AUTHORITIES.
5. Intellectual Property.
The Site contains valuable trademarks and service marks owned and used by us and our affiliate companies (collectively, “Our Marks”). Any use of Our Marks for any commercial purpose without our express prior written permission is strictly prohibited. The arrangement and layout of the Site, including but not limited to, Our Marks, images, text, graphics, buttons, screenshots, music, digitally downloadable files, product descriptions, and other content or material (collectively, the “Site Content”), are the sole and exclusive property of us or our licensors, or other suppliers. You agree not to use the Site Content in any manner that is likely to cause confusion among customers, that disparages or discredits us and/or our licensors or other suppliers, that dilutes the strength of our or our licensors’ or other suppliers’ property, or that otherwise infringes or misappropriates our or our licensors’ or other suppliers’ intellectual property rights. UNAUTHORIZED COPYING, REPRODUCTION, MODIFYING, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, MAKING DERIVATIVE WORKS OF OR DUPLICATING ALL OR ANY PART OF THE SITE FOR COMMERCIAL USES IS STRICTLY PROHIBITED.
We may use a network of independent product and content suppliers, distributors and other such third parties to supply some of the products and/or content advertised on the Site. All other trademarks, service marks, product names, package designs and company names or logos associated with these product and content suppliers, distributors and other such third parties that are not owned by us, but which appear on the Site, are the property of their respective owners.
6. Pricing and Availability.
While we try and ensure that all details, descriptions, and prices which appear on this Site are accurate, errors may occur. If we discover an error in the price of any products which you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or canceling it. If we are unable to contact you, we will treat the order as cancelled. If you cancel and you have already paid for the product, you will receive a full refund.
7. Payment Processing Information.
All payments with InterWorks are processed by Stripe and Authorize.Net. We do not store or manage your credit card information.
When transacting through Stripe it is necessary that InterWorks users be subject to the applicable Stripe Terms of Service. InterWorks is not affiliated with Stripe, and neither is the agent or employee of the other, and neither is responsible in any way for the actions or performance (or lack thereof) of the other.
When transacting through Authorize.net it is necessary that InterWorks users be subject to the applicable Authorize. InterWorks is not affiliated with Authorize.Net, and neither is the agent or employee of the other, and neither is responsible in any way for the actions or performance (or lack thereof) of the other.
We welcome your feedback, testimonials, comments, ideas and reviews about the Site (“Feedback”). Unless specifically otherwise stated, you agree that by submitting Feedback to us, (a) such Feedback shall be deemed to be non-confidential, and (b) you grant to us, our successors, affiliates, representatives and agents a perpetual, royalty-free, fully paid-up, irrevocable, transferable, worldwide right and license to use, transmit, copy, reproduce, publicly display or perform, create derivative works of, or otherwise use such Feedback, without compensation, acknowledgement or notice to you. You also represent and warrant to us that you have the necessary permissions and rights to provide such Feedback to us.
9. WARRANTY DISCLAIMERS.
Your use of the Site is at your sole risk. THE SITE, INCLUDING, WITHOUT LIMITATION, ANY MATERIALS, INFORMATION, CONTENT, FUNCTIONS, PRODUCTS, TEXT, GRAPHICS AND LINKS THEREON, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, NON-INTERFERENCE, DATA ACCURACY, SYSTEM INTEGRATION, AND WARRANTIES ARISING FROM TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. THE PROTECTED ENTITIES DO NOT WARRANT THAT (A) THE SITE WILL FUNCTION UNINTERRUPTED, SECURELY OR BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; (C) THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SITE WILL MEET YOUR REQUIREMENTS. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF CONTENT ON THE SITE OR WITH RESPECT TO ITS COMPLETENESS, ACCURACY, TRUTHFULNESS, AVAILABILITY, ADEQUACY, USEFULNESS, TIMELINESS, SECURITY, RELIABILITY OR OTHERWISE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. YOU AGREE THAT WE, IN OUR SOLE DISCRETION, MAY IMMEDIATELY TERMINATE YOUR ACCESS TO THE SITE AT ANY TIME, FOR ANY REASON. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SITE OR DELETION OF YOUR ACCOUNT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS US, OUR LICENSORS, AND OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS, AS WELL AS OTHER USERS OF THE SITE, FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, LIABILITIES, DEFICIENCIES, CLAIMS, ACTIONS, JUDGMENTS, SETTLEMENTS, INTERESTS, AWARDS, PENALTIES, FINES, COSTS, OR EXPENSES OF WHATEVER KIND, INCLUDING, WITHOUT LIMITATION, ALL REASONABLE ATTORNEYS’ FEES, ARISING FROM OR RELATING TO (A) USE AND ACCESS OF THE SITE, BY YOU OR ANY PERSON USING YOUR ACCOUNT; (B) BREACH OF OR FAILURE TO COMPLY WITH THESE TERMS BY YOU OR ANY PERSON USING YOUR ACCOUNT; (C) VIOLATION OF THE LAW OR ANY THIRD-PARTY RIGHT BY YOU OR ANY PERSON USING YOUR ACCOUNT; (D) YOUR CONTENT OR ANY OTHER INFORMATION YOU PROVIDE TO US VIA THE SITE AND (E) ANY ACTIVITY OTHERWISE RELATED TO USE OF THE SITE (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY PERSON USING YOUR ACCOUNT.
11. LIMITATION OF LIABILITY.
WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS SHALL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY ARISING OUT OF OR RELATED TO YOUR CONTENT OR ANY OTHER INFORMATION YOU SHARE WITH US. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF OR INABILITY TO USE THE SITE FOR: (A) PERSONAL INJURY, DEATH, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SITE, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES; OR (B) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR INTERWORKS WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION RELATED TO THE SITE AND/OR THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
12. Governing Law and Venue.
These Terms and the relationship between you and us will be governed and construed in accordance with the laws of North Carolina, without regard to conflict-of-laws principles and you agree to submit to the personal jurisdiction and venue of the courts of North Carolina.
13. Entire Agreement; No Waiver; Assignment.
If any provision of these Terms is found to be illegal, invalid or unenforceable by a court of competent jurisdiction, such provision will be deleted from these Terms and the remaining provisions will continue with full force and effect.
15. Jurisdictional Issues.
The Site is operated out of the United States. We make no representation that the Site, or content or information available via the Site, is appropriate or available for use outside of the United States, and access to it from jurisdictions where the content is illegal is prohibited. Those who choose to access the Site from outside the United States do so at their own initiative and are responsible for compliance with all applicable local laws.
16. Changes to these Terms and the Site.
We reserve the right to modify these Terms, and to add new or additional terms or conditions on your use of the Site, for any reason, without notice, at any time. Such modifications and additional terms and conditions will be effective immediately and incorporated into these Terms upon posting of revised Terms on the Site. Your continued use of the Site afterward will be deemed acceptance of the then-current Terms. We may modify or discontinue providing the Site more broadly, in whole or in part, at any time, for any reason, without prior notice.
If you believe your copyright or other intellectual property or privacy right has been violated by content accessible via the Site, please contact us by email at firstname.lastname@example.org.
18. Contact Us.
If you have any questions about these Terms or the Site, please feel free to contact us by email at email@example.com.