Website Terms of Service
BY USING OUR WEBSITE AND THE SERVICES YOU ARE ACCEPTING THE PRACTICES DESCRIBED IN THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT USE THE WEBSITE AND EXIT IMMEDIATELY.
IF YOU ARE A COMPANY OR OTHER BUSINESS ENTITY, YOU HEREBY AGREE THAT THE PERSON ACTING ON YOUR BEHALF OR PURPORTING TO ACT ON YOUR BEHALF HAS AUTHORITY TO AGREE TO THESE TERMS ON BEHALF OF THE COMPANY
WE RESERVE THE RIGHT TO MODIFY OR AMEND THESE TERMS OF SERVICE FROM TIME TO TIME WITHOUT NOTICE. YOUR CONTINUED USE OF OUR WEBSITE FOLLOWING THE POSTING OF CHANGES TO THESE TERMS WILL MEAN YOU ACCEPT THOSE CHANGES.
Additional Terms and Conditions of Sale may apply to the purchase of products, such as payment, shipping and return policies. By using this Website, you agree to such Terms and Conditions of Sale, which are incorporated into these Terms of Service by this reference.
1. Copyright and Ownership
All Website Content (as defined below), including design, graphics, text selections, arrangements, and all software are Copyright © 2021, Infinite Electronics, Inc.
All of the content featured or displayed on the Website, including without limitation text, graphics, photographs, images, and video ("Content"), is owned by Company, its licensors, vendors, agents and/or its Content providers. All elements of the Website, including without limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Services and the Website may only be used for the intended purpose for which such Website and Services are being made available. Except as expressly permitted by Company, you may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Website. Requests for the permissions described above may be sent to email@example.com. Except as authorized under the copyright laws, you are responsible for obtaining permission from us before reusing any copyrighted material that is available on the Website. For purposes of these Terms of Service, the use of any such material on any other Website or networked computer environment is prohibited. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Website and Services. The Website, its Content and all related rights shall remain the exclusive property of Company or its licensors unless otherwise expressly provided or agreed.
All trademarks, service marks and trade names of Company used herein (including but not limited to the Company name and corporate logo) (collectively "Marks") are trademarks or registered trademarks or service marks of Company or its affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify Company trademarks in any way, including in advertising or publicity pertaining to distribution of materials on this site, without Company's prior written consent. The use of Company trademarks on any other Website or network computer environment is not allowed. You may not use Company Marks as a "hyper" link on or to any other Website without prior written approval from the Company (for instance, participation in our affiliate program). All brand names or trademarks used on this website are all trademarks of their respective owners. You will not remove any copyright, trademark, service mark, or other proprietary notices from material found on the Website.
Reference to any product, process, service, or offering of any third-party by trade name, trademark, manufacturer or otherwise is for reference purposes only, and does not necessarily constitute or imply the endorsement or recommendation of such by Infinite Electronics, that Infinite Electronics is an authorized dealer of such third-party, or that such third-party products are manufactured or sold by Infinite Electronics.
3. Products, Content and Specifications
All features, Content, specifications, products and prices of products and services described or depicted on this Website are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on this Website at a particular time does not imply or warrant that these products or services will be available at all times. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Website. By placing an order, you represent that the products ordered will be used only in a lawful manner. Your use of the Website and your purchase of any product or service through the Website is your acceptance of any applicable product terms and conditions.
4. Accuracy of Information
We attempt to ensure that information on this Website is complete, accurate and current. Despite our efforts, the information on this Website may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currency of any information on this Website. For example, products included on this Website may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on this Website. In addition, we may make changes to information about price and availability without notice. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order. If there is an error with any information on this Website, we will work diligently to try to correct that error and provide you with a satisfactory result.
5. User Submissions, Feedback and Reviews
By submitting any content to Infinite Electronics, you represent and warrant that:
- you are the sole author and owner of the intellectual property rights thereto;
- all "moral rights" that you may have in such content have been voluntarily waived by you;
- all content that you post is accurate;
- you are at least 18 years old;
- use of the content you supply does not violate these Terms of Service or applicable laws and will not cause injury to any person or entity.
You agree to indemnify and hold Infinite Electronics (and its officers, directors, agents, representatives, partners, employees and third-party service providers) harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys' fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third-party.
All content that you submit may be used at Infinite Electronics’ sole discretion. Infinite Electronics reserves the right to change, condense or delete any content on Infinite Electronics’ website that Infinite Electronics deems, in its sole discretion, to violate the content guidelines or any other provision of these Terms of Service. Infinite Electronics does not guarantee that you will have any recourse through Infinite Electronics to edit or delete any content you have submitted. Infinite Electronics reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not Infinite Electronics, are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidentiality on the part of Infinite Electronics, its agents, representatives, partners or third-party service providers and their respective directors, officers and employees.
By submitting your email address in connection with your rating and review, you agree that Infinite Electronics and its third-party service providers may use your email address to contact you about the status of your review and other administrative purposes.
6. Proper Use of this Website; Inappropriate Material
Company hereby grants you permission to use the Website as set forth in these Terms of Service, provided that your use of the Website is solely for your personal, noncommercial use and is in compliance with the terms and conditions of these Terms of Service.
- In connection with your use of the Website and Services, you agree that you will not use the Website or Services for any illegal purpose;
- attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Website;
- take any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
- upload invalid data, viruses, worms, or other software agents through the Website;
- use any robot, spider, scraper or other automated access the Website for any purpose without our express written permission;
- impersonate another person or otherwise misrepresent User's affiliation with a person or entity, conduct fraud, hide or attempt to hide your identity;
- bypass the measures we may use to prevent or restrict access to the Website;
- “scrape,” “crawl” or “spider” any web pages or other services contained in the Services;
- display, mirror or frame any portion of the Website or Services, or any individual element within the Website or Services, our name, any Infinite Electronics trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without our express written consent;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services; or
- advocate, encourage, or assist any third party in doing any of the foregoing.
- submit, upload, post, email, transmit or otherwise make available any information or content that: (a) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (b) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (c) is fraudulent, false, misleading or deceptive; (d) is defamatory, obscene, pornographic, vulgar or offensive; (e) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (f) is violent or threatening or promotes violence or actions that are threatening to any other person; or (g) promotes illegal or harmful activities or substances; (h) for which you were compensated or granted any consideration by any third-party; or (i) that includes any information that references other websites, addresses, email addresses, contact information or phone numbers;
- circumvent or manipulate our pricing, fees owed to us, or our Website in any manner;
Any conduct by a User that in our discretion restricts or inhibits any other user from using or enjoying the Website and Services is expressly prohibited.
Company reserves the right, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Website or Services, or any portion of the Website or Services, for any reason; (2) to modify or change the Website or Services, or any portion thereof, and any applicable policies or terms; and (3) to interrupt the operation of the Website or Services, or any portion of the Website or Services, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from this Website. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity, or other information, of anyone posting such materials.
7. Account; Security
In order to receive some Services, you may have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify us at firstname.lastname@example.org of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Services and Website. We have the right to provide user billing, account, Content or use records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights, customers or business). Please note that anyone able to provide your account information will be able access your account so you should take reasonable steps to protect this information.
8. Information Control
User published Content does not represent the views of Company or any individual associated with Company, and we do not control this Content. In no event shall you represent or suggest, directly or indirectly, Company's endorsement of user published Content. Company does not vouch for the accuracy or credibility of any user published Content on our Website and does not take any responsibility or assume any liability for any actions you may take as a result of reading user published Content on our Website. Through your use of the Website and Services, you may be exposed to Content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using our Website, you assume all associated risks.
You are responsible for purchase of, and payment of charges for all Internet access services and telecommunications services needed for use of this Website and for all goods and Services purchase through the Website.
10. DISCLAIMERS; LIMITATION OF LIABILITY
Your use of this Site is at your risk. THE WEBSITE, SERVICES AND ALL CONTENT AND INFORMATION ARE PROVIDED "AS IS, AS AVAILABLE.” ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXCLUDED TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW. NEITHER COMPANY NOR ANY OF ITS AFFILIATES OR LICENSORS MAKE ANY REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE INFORMATION PROVIDED ON THIS WEBSITE. COMPANY AND ITS AFFILIATES AND LICENSORS DO NOT REPRESENT OR WARRANT THAT (i) THE USE OF THE WEBSITE AND SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (ii) THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (iii) THE WEBSITE, SERVICES OR THE SERVER(S) THAT MAKE THE WEBSITE AND SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE WEBSITE AND SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
The above disclaimers apply to any damages, liability or injuries, whether for breach of contract, tort, negligence or any other cause of action.
EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE, IN NO EVENT WILL COMPANY OR ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, LICENSORS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEBSITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES (INCLUDING PERSONAL INJURY AND DEATH), INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST SAVINGS, OR LOSS OF BUSINESS OPPORTUNITY) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN THE EVENT OF ANY PROBLEM WITH THIS WEBSITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEBSITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEBSITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THE COMPANY”S BRAND WEBSITES.
BY ACCESSING THE WEBSITE AND USING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE SECTION 1542, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so these limitations may not apply to you.
You or we may suspend or terminate your account or your use of this Website at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination.
Company may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Website without notice and liability, if, in Company's sole determination, you violate any of the Terms of Service, or other agreements or guidelines which may be associated with your use of the Services. We may also block your access to our Website in the event that we are unable to verify or authenticate any information you provide to us or we believe that your actions may cause financial loss or legal liability for you, our users or us.
Any provisions that by their context and nature should survive termination of these Terms of Service shall so survive.
13. Promotions, Contests and Sweepstakes
We will occasionally offer sales promotions, contests, and sweepstakes where you will have an opportunity to obtain a gift with a purchase or win a prize. These promotions, contests and sweepstakes will have additional terms and conditions associated with them which we will link to or display with the details of the promotion, contest or sweepstakes.
You agree that these Terms of Service, any rights and licenses granted hereunder, and all incorporated agreements may be assigned by Company in its sole discretion without restriction but may not be assigned by you.
15. No Waiver
No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Company's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
16. Copyright Policy
We do not permit copyright infringing activities and infringement of intellectual property rights on the Website and will remove any such content if properly notified that such content infringes on another’s intellectual property rights. If you are a copyright owner or an agent thereof and believe that any content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
- description of the copyrighted work that you claim has been infringed;
- description of the material that you claim is infringing and where it is located on the Website;
- identification of the URL or other specific location on the Website where the material that you claim is infringing is located;
- your address, telephone number, and email address;
- statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- 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 can contact our Copyright Agent via email at email@example.com or by mail at Copyright Agent, c/o Infinite Electronics, 17792 Fitch, Irvine, California 92614.
Upon receipt of such notice, we will investigate and remove material if necessary. You will be notified of the results of such investigation
17. Ability to Accept Terms of Service
The Services are not intended for the use of children under 18 and no such person is authorized to use them. By using the Services, you are representing that you are at least 18 years old. You also represent, by accessing or using the Services, that you are of legal age to enter into legal agreements
18. Third Party Links
From time to time, this Website may contain links to websites that are not owned, operated or controlled by Company or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Website. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other website. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that you may obtain from using any other websites. If you decide to access any other websites linked to or from this Website, you do so entirely at your own risk.
19. Governing Law; Dispute Resolution
Any claim relating to these Terms of Service shall be governed by the laws of the State of California excluding: (1) its conflict of laws principles; and (2) the United Nations Convention on Contracts for the International Sale of Goods. Any claim or dispute between you and Company that arises in whole or in part from these Terms of Service and use of the Website shall be decided exclusively by a court of competent jurisdiction located in Orange County, California. Any claim under these Terms of Service must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. You agree to the admissibility of computer records and electronic evidence in any dispute herein. YOU AGREE THAT NO CLASS ACTION MAY BE PURSUED OR MAINTAINED WITH RESPECT TO ANY DISPUTE REGARDING THESE TERMS OF SERVICE.
Any provision of these Terms of Service which is determined by a court of competent jurisdiction to be unenforceable in any jurisdiction shall be severable from these Terms of Service in that jurisdiction without in any way invalidating the remaining provisions of these Terms of Service. The unenforceability of any provision in a given jurisdiction will not make that provision unenforceable in any other jurisdiction.
21. Users Outside the United States
Company, the Website and the Services are operated in the United States. Although the Website and Services are accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Website are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. If you choose to access the Website from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
22. Notice for California Users
Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. We may amend these terms at any time by posting the amended terms on the Website. Except as stated elsewhere, all amended terms shall automatically be effective immediately after they are initially posted on the Website. These terms may not be otherwise amended except in a writing signed by you and us. These Terms set forth the entire understanding and agreement between us with respect to the subject matter hereof and supersede any prior understandings or agreements (written or oral).
24. Questions and Contact Information
Company is located at:
Irvine, California 92614
If you do not understand any of the foregoing Terms of Service or if you have any questions or comments, we invite you to send correspondence to the foregoing address or contact our Customer Service Department by email at firstname.lastname@example.org.
Last updated 4-6-2021