Welcome to INTDONLINE.com (referred to in this Terms of Use as the "INTD website"), which is the website of International Network of Travel Directors® LLC (the "Company" or "INTD"). The INTD website provides its services to you subject to the following conditions. If you visit or use or make a purchase at the INTD website, you accept these conditions. Please read them carefully. In addition, when you use any current or future INTD website service or visit or purchase from any business affiliated with the Company, whether or not included in the INTD website, you also will be subject to the guidelines and conditions applicable to such service or business, in addition to those obligations under law.
This Agreement governs the use of the services (the "Services") offered by International Network of Travel Directors ("INTD") at the INTDonline.com Site (the "Site"). Please read this Agreement before using the Site. By using this Site you represent, warrant, understand, agree to and accept all terms and conditions contained in these Terms of Use, as amended from time to time, which form a binding agreement between you and the Company. If you object to anything in these Terms of Use or in the Privacy Policy, do not use the Site or the Services. You are using this Site at your own risk. The Terms of Use are subject to change or amendment at any time and in the sole discretion of the Company, effective upon posting on the Site, with or without prior notice, and your use of the Services after such posting will constitute acceptance by you of such changes. Any changes or amendments are binding on you on the date they are posted to the Site.
INTD is intended to be a communications platform that enables and facilitates the connection between Travel Directors and Tour Guides, as service providers ("Service Providers"), and with those individuals or entities seeking the services of such Service Providers ("Consumers"). Service Providers and Consumers are collective referred to as "Users." "Advertisers" are those entities or individuals who run banners or otherwise advertise on the Site as opposed to or in addition any postings or listing included on the Site as part of a subscription of a Service Providers or Consumer. Users or Advertisers may only use this Site for lawful purposes within the stated context of INTD's intended and acceptable use of the Site. INTD is the sole interpreter of the Site's intended and acceptable use.
Users do hereby represent, understand and expressly agree that INTD does not have control over the quality, timing, legality or any other aspect whatsoever of the services actually delivered by or the non-performance of the Service Providers, nor of the integrity, responsibility or any of the actions whatsoever of the Consumers. All Users do hereby expressly agree not to hold INTD (or INTD's agents, assigns, representatives, advertisers or employees) liable for any content on this Site (including, but not limited to all text, graphics, documents, design and programming used or posted on the Site, or any advertisements by Advertisers), representation, information, instruction, advice, communication, act, omission, or services delivered which originated or relate in any way (either directly or indirectly) through the Site and INTD expressly disclaims any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown therefrom.
Users of the Site contract between themselves. The Company is not a Service Provider or Consumer or Advertiser and makes no representation or guarantees regarding the effectiveness or timeliness of the Site in meeting any of the objectives of the Users. The Company does not guarantee any results that may be anticipated or expected (whether expressly or implicitly) by any User or Advertiser and is not responsible for any decisions made by any User or Advertiser. In no way is INTD involved in transactions for services to be rendered by any User or Advertiser. If there are any issues concerning any representation, information, advice and/or service received or payment due, Users or Advertisers must deal directly with the other User or User(s) or Advertisers to resolve any disputes. INTD will not be held responsible and expressly disclaims any liability whatsoever for any claims and/or controversies that may arise for any disputes between or by any User or any Advertiser or Users or Advertisers. By using this Site, you do hereby represent, understand, and expressly agree to fully indemnify and hold INTD harmless for any claim or controversy that may arise from any disputes between any User or Advertiser or Users or Advertisers of or on the Site. INTD will use its "best efforts" to monitor User profiles, actions, comments, Advertisers advertisements, and general usage of the Site and suspend privileges to any User or Advertiser not adhering to policies of the Site. By using this Site, you do hereby agree to report any alleged improprieties of any Users or Advertiser to INTD immediately by notifying INTD of the same via electronic correspondence at support@intdonline.com. If notified by a User or Advertiser regarding the alleged non-conforming use of the Site with respect to these Terms of Use, the Company may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request removal of such information or contents or block access of a User or Advertiser.
If the Site contains profiles, email systems, blogs, message boards, applications, job postings, chat areas, news groups, forums, communities and/or other message or communication facilities ("Public Areas") that allow a User to communicate with any other User, Users do hereby expressly represent, understand and agree to use such community areas only to send and receive messages and material that are relevant and proper to the applicable forum. Any usage of the Site by any User that INTD, in its sole discretion, finds inappropriate and/or offensive may result in immediate suspension or revocation of the privilege to use this Site. Although INTD is under no obligation to monitor or screen the content, representation, information, instruction, advice, communication, act, omission, or services provided on or through or relating in any way to the Site, INTD may randomly monitor usage of the Site and may remove any content on the Site found to violate these Terms of Use. INTD reserves the right to revoke or suspend the privilege of any User or Advertiser to use this Site (either through access and/or posting) at any time and at its sole discretion whether for any reason or no reason at all. Users or Advertisers agree not to:
The Company is the sole interpreter of the above rules.
Our Services are available only to individuals or entities that can form legally binding contracts under applicable law. Without limiting the foregoing, our Services are not available to minors under the age of eighteen (18) or to individuals or entities that are not legally authorized to operate as a business or otherwise. This Site is not available to any individual or any officer or director who has been convicted of a felony or any criminal offense relating in any way to the business operations of any User or for any individual or business that is the subject of an open police or governmental investigation, which involves a felony or any criminal offense relating in any way to the business operations of any User. Any misstatements and/or misrepresentations regarding the age, background, felonies, criminal offenses, open police or governmental investigations, experience and/or eligibility to contract or otherwise engage with other Users of this Site is not the responsibility of the Company. Any such misstatements and/or misrepresentations are grounds for immediate termination from the Site and appropriate legal action may be taken, including without limitation, civil, criminal, and injunctive redress. The same eligibility requirements apply to Advertisers on this Site, as well. INTD does hereby disclaim any liability whatsoever for any misstatements and/or misrepresentations made by any User of or Advertisers on this Site. Users and Advertisers do hereby represent, understand and agree to fully indemnify and hold INTD harmless for any misstatements and/or misrepresentations made by any Users of or Advertisers on this Site. Again, Users and Advertisers understand and agree that they use this Site at their own risk.
All Users do hereby agree to be the sole, authorized user of their account. Users are advised to protect their password(s) and are completely responsible for maintaining the confidentiality of their own information. Should any user of this Site authorize any third party to use their account, User does hereby agree to be exclusively responsible to supervise all usage thereof. INTD has no control over the use of any User's account and expressly disclaims any liability derived therefrom. Users are completely responsible for all uses of their registration, whether or not authorized by the User. If others use a User's password to post inappropriate material or to otherwise use the Site in contravention to these Terms of Use, the User risks losing access to this Site. Should any user suspect that any unauthorized party may be using their account, User does hereby agree to contact INTD immediately via electronic correspondence at support@intdonline.com. Links from INTD to other sites on the Web do not constitute an endorsement, representation or warranty of or by INTDonline.com or the Company with respect to any User or third party, whether in regards to the website or any content, products, services or experience contained therein. These links are provided solely as a convenience to you as an information service only. It is the responsibility of the user to evaluate the content and usefulness of the information obtained from other sites. Such hyperlinks are provided for reference and convenience only. INTD does not control such websites, and is not responsible for their content. Just because INTD has hyperlinks to such websites does not mean that INTD endorses any of the material on such websites, or has any association with their operators. Users further acknowledge that use of any website controlled, owned or operated by third parties is governed by the terms and conditions of use for those websites, and not by INTD's Terms of Use and Privacy Policy. Links to external websites (including external websites that are framed by INTDonline.com) or inclusion of advertisements on the Site do not constitute an endorsement of or by INTDonline.com or the Company of such sites or the content, products, advertising and other materials presented on such sites, but are for User's convenience. If Users decide to access linked third-party websites, Users access them at their own risk. INTD expressly disclaims any liability derived from the use and/or viewing of links that may appear on this Site. All users do hereby agree to fully indemnify and hold INTD harmless from any liability that may result from the use of any links that may appear on the Site from time to time.
The Site and Services may be used to find, select and connect with Users or Advertisers for the purpose of receiving or providing meeting planning services. The Site and related services may not be used by any person or entity to recruit for another website, solicit, advertise, or contact in any form Users or Advertisers for employment, contracting, or any other purpose for a business not affiliated with INTD without express written permission from INTD. Should INTD find that you violate the terms of this section or any terms stated herein, INTD reserves the right to terminate your use of this Site at its sole discretion at any time, and to take appropriate legal action, including without limitation, civil, criminal, and injunctive redress.
The Site is for the personal use of individual Users only and may not be used in connection with any commercial endeavors. Use of the Site by Advertisers is controlled solely in the discretion of the Company. Organizations, companies, and/or businesses may only register as a Service Provider or Consumer or Advertiser and should not use the Services or the Site for any illegal or unauthorized purpose, including (but not limited to) collecting usernames and/or email addresses of members by electronic or other means, unless express written permission from INTD is obtained in advance. Appropriate legal action may be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Site is with the permission of INTD. INTD reserves the right to terminate your use of this Site at its sole discretion at any time.
INTDonline.com is only a Venue.
INTDonline.com is a communications platform for enabling the connection between Users or Advertisers. INTD does not take part in the interaction between Users or Advertisers. INTDonline.com does not have control over the quality, timing or legality of services actually delivered by or to its Users. INTD makes no representations about the suitability, reliability, timeliness, and accuracy of the Service Providers provided by Users through the Site whether in public, private or offline interactions. Likewise, INTD makes no similar representations about any representations made by any Advertiser. Due to the nature of the Internet, INTD cannot confirm that each User or Advertiser is who it claims to be, however, INTD has established a forum for Users or Advertisers to provide references. INTD does not assume any responsibility for the accuracy or reliability of this information or any information on this Site. INTD does not assume and expressly disclaims any liability that may result from the use of this information. The Company is under no obligation to monitor the conduct of its Users or Advertisers but it may investigate and response when violations are reported.
INTD makes no claims that the Site's content is appropriate or may be downloaded outside of the United States. Access to the Site's content may not be legal by certain persons or in certain countries, and such persons have no right to access or use the Site. If you access INTD.com from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Because we are not involved in the actual contact between the Users, themselves or between Users and Advertisers, in the event that you have a dispute with one or more Users and/or Advertisers, you release INTD (and our officers, directors, agents, investors, subsidiaries and employees) from claims, demands or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Users and Advertisers are responsible for providing accurate, timely and complete information to us in connection with their registration for and/or use of the Site. INTD is not responsible for any claims relating to any inaccurate, untimely or incomplete information provided to us. Users and Advertisers represent and warrant that they are the owner or a licensee or otherwise have the right to provide any information or materials (including pre-existing materials) that they post or transmit for use in Public Areas or otherwise place on the Site. Users and Advertisers hereby grant INTD an irrevocable, royalty-free, perpetual, non-exclusive worldwide license to use, copy, display, modify, edit, create derivative works from and distribute any information or materials they post in Public Areas. As set forth in INTD's Privacy Policy, any submissions to Public Areas will be public, and INTD will not be responsible for the action of other Users or Advertisers with respect to any information or materials posted in Public Areas, regardless of whether or not the User or Advertiser authorized the posting of such information or materials in Public Areas.
"Your Information" is defined as any information you provide to the Company or other Users or Advertisers, through the Site. You are solely responsible for your Information, and the Company acts as a passive conduit for your online distribution and publication of Your Information. With respect to your Information: your Information (or any items or contents listed therein): (a) shall not be false, inaccurate or misleading; (b) shall not be fraudulent or involve the sale of counterfeit or stolen items; (c) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or privacy; (d) shall not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (e) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) shall not be obscene or contain child pornography or, if otherwise adult in nature and harmful to minors; (g) shall not contain any viruses, Trojan Horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other partners or suppliers. Solely to enable INTDonline.com to use the information you supply us with in furtherance of the objectives of this Site and so the Company is not not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity rights, and any other rights you have in your Information, in any media now known or not currently known. INTDonline.com will only use your Information in accordance with our Privacy Policy.
Service Provider Members (Travel Directors or Tour Guides) are obligated to pay for the service of the Site, unless specifically notified in writing otherwise. Service Provider Members have two memberships to choose from: a free membership, which has a subscription term of 365 days at no charge and a Platinum Membership, which has a subscription term of 365 days at $50.00 USD. This price structure may change in the future, in the sole discretion of the Company, with or without prior notice, but Service Provider Members lock into the term and price of the subscription they choose at the beginning of each registration period for which they register or re-register, whichever is applicable. There are premium add-on features available to all Users for an additional fee. For all fees, INTD will charge the Service Provider Member's credit card according to the agreed-upon fee between said Member and INTD for use of the Services of the Site.
Consumer Members (Planners) have two subscriptions to choose from: (1)a Silver Elite membership, which has a term that never expires, and is $50.00 USD, and (2) a Platinum Membership, which has a term that never expires and is $150.00 USD. For all fees, INTD will charge the Consumer Member's credit card according to the agreed-upon fee between the Consumer Member and INTD for use of the services of the Site. While INTD will use its best efforts to ensure the privacy of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties. User does hereby agree to fully indemnify and hold INTD harmless for any damages that may result therefrom. INTD will use a third party service to process your credit card information. For further information regarding that service, please contact INTD to request information about INTD's credit card processing company.
Service Provider Members must renew their membership annually, at the end of their respective membership terms. If any User cancels the subscription, the User will have access to subscription benefits until the end of the then-current subscription term. Unless specifically agreed to by the Company in writing, Users will not be eligible for a prorated refund of any portion of the subscription fees paid for the then-current subscription period.
Notices shall be sent, for the Company or INTD.com, to the address listed on the Site and for the Users or Advertisers, to the address submitted by you or such other address as the Company or INTD.com reasonably determines is an appropriate address for you.
Users agree not to hold INTD, INTD's agents and employees, officers, directors, corporate partners, or participants liable for any advice, representations, or services delivered which originated through the Site, relate in any way to the Site, or otherwise were provided by a User or Advertiser any other third-party. Users and Advertisers release INTD and its agents, officers, directors, corporate partners, and employees from claims, actions, or demands (including, without limitation, costs, damages (actual or consequential) of every kind and nature, known and unknown, disclosed and undisclosed, arising out of or in any way connected with such disputes, or reasonable legal and accounting fees), alleged or resulting from or in connection with your use of this Site in any way.
By agreeing to the terms of these Terms of Use, Users and Advertisers agree to fully indemnify, defend and hold harmless INTD, its directors, officers, employees, agents, licensors, attorneys, independent contractors, providers, subsidiaries, and affiliates (collectively referred to herein as "INTD") from and against any and all claim, loss, expense or demand of liability, including attorneys' fees and costs incurred by INTD and Affiliates in connection with any claim by a third party (including an intellectual property claim) arising out of (i) materials and content Users or Advertisers submit, post or transmit through the Site, or (ii) use of the Site in violation of these Terms of Use or in violation of any applicable law. Users and Advertisers further agree that they will cooperate as reasonably required in the defense of such claims. INTD and affiliates reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Users or Advertisers, and Users or Advertisers shall not, in any event, settle any claim or matter without the written consent of INTD. Users or Advertisers further agree to hold harmless INTD from any claim arising from a third party's use of information or materials of any kind that the Users or Advertisers transmit through or post on the Site.
These Terms of Use will become effective immediately upon any use by all Users or Advertisers of the Site and shall remain effective unless terminated by either party as provided hereunder. Either party may terminate this Agreement between any User or Advertiser by providing the other with written or email notice of such termination, which shall be effective immediately upon delivery of such notice to the other party. Furthermore, INTD may terminate this Agreement immediately for any breach of this Agreement or any applicable policy of INTD, as posted on the Site from time to time. If INTD terminates your membership in the Services or your ability to otherwise advertiser on the Site because you have breached this Agreement, you will not be entitled to any refund of unused subscription or advertising fees. All decisions regarding the termination of accounts shall be made in the sole discretion of INTD. INTD is not required to provide you notice prior to terminating your advertising, membership and/or subscription. INTD is not required, and may be prohibited, from disclosing a reason for the termination of your account. Even after your advertising, membership or subscription is terminated, this Agreement will remain in effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
The Site and all right, title and interest in and to the Site, including all text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel (including color combinations, logos, slogans, button shapes, layout, design and all other graphical elements), photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively "Proprietary Material") that users see or read on the Site is solely owned by INTD, LLC or its licensors ("Licensed Material"), and is protected by laws relating to copyright, trademark, service marks and international treaties. Proprietary Material and Licensed Material is protected in all forms, media and technologies now known or hereinafter developed. INTD owns all Proprietary Material as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials as a Collective Work under the United States Copyright Act, as amended. With the exception of express uses allowed under the section above called "Permitted Uses," Users or Advertisers may not copy, download, use redesign, reconfigure, or retransmit anything from the INTD Site constituting Proprietary Material or Licensed Material without INTD's prior express written permission. Furthermore, Users or Advertisers are not allowed to post or distribute any material that they do not own, or which they do not have permission to use. Violation of this policy may result in copyright, trademark or other intellectual property rights violations, and subject Users or Advertisers to termination from the use of this Site or civil or criminal penalties. In addition, the Site contains material protected by the domestic and international laws of copyright, patents and other proprietary rights and laws. Any use of such Proprietary Material or Licensed Material, other than as permitted therein, is expressly prohibited without the prior written permission of INTD and/or the relevant right holder.
The service marks and trademarks INTD, INTDONLINE.COM and the INTD logo are service marks owned by INTD. Any other trademarks, service marks, logos and/or trade names appearing on the Site are the property of their respective owners. Users and Advertisers acknowledge the rights of INTD and the respective third parties in those marks. Users or Advertisers may not copy or use any of these marks, logos or trade names without the prior written permission of the owner(s) as expressly allowed by these Terms of Use.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of the Company or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of the Company and protected by U.S. and international copyright laws. All software used on this site is the property of the Company or its software suppliers and protected by United States and international copyright laws.
"International Network of Travel Directors®" and other marks indicated on our site are trademarks of the Company or its subsidiaries, in the United States and other countries. INTD website graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of the Company. The Company's trademarks and trade dress may not be used in connection with any product or service that is not the Company's, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits the Company. All other trademarks not owned by the Company or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Company or its subsidiaries.
INTD's Privacy Policy located on its Site, as modified by INTD from time to time, shall govern any disclosure or use of any User's or Advertiser's personal information. By using this Site, you do hereby represent, understand and agree that you have reviewed and agree to be bound to those terms. INTD's Privacy Policy posted on the Site is incorporated into these Terms of Use by this reference. Please note, as set forth in the Privacy Policy, that INTD may collect certain personal information from Users or Advertisers and may contact Users or Advertisers periodically in accordance with the terms of the Privacy Policy. In addition, INTD reserves the right to comply, in its sole discretion, with legal requirements, requests from law enforcement agencies or requests from governmental entities, even to the extent that such compliance may require disclosure of certain information collected from Users or Advertisers.
INTD respects the intellectual property of others, and asks Users and Advertisers to do the same. INTD is in compliance with the Digital Millennium Copyright Act, which criminalizes production and dissemination of technology, devices, or services that are used to circumvent measures that control access to copyrighted works, criminalizes the act of circumventing an access control, and heightens the penalties for copyright infringement on the Internet. In order to protect intellectual property from misuse, we ask Users and Advertisers to help us. If Users or Advertisers believe, in good faith, that any materials on the Site infringe upon Users' or Advertisers' copyrights or if measures to control access to copyright materials are being circumvented, please provide INTD Copyright Agent with the following information:
1. An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest; 2. A description of the copyrighted work that you claim has been infringed, including the URL (Internet address) or other specific location on the Site where the material you claim is infringed is located. Include enough information to allow INTDonline.com to locate the material and explain why you think an infringement has taken place; 3. A description of the location where the original or an authorized copy of the copyrighted work exists -- for example, the URL (Internet address) where it is posted or the name of the book in which it has been published; 4. Your address, telephone number and e-mail address; 5. A 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 and 6. A statement by you, made under penalty of perjury, that the information in your Notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf.
INTD's Copyright Agent for Notice of Claims of Copyright Infringement can be reached at the following information: by mail, General Counsel and Copyright Agent, INTD, 333 West North Avenue, Suite 264, Chicago, IL 60610. INTDonline.com will terminate access to the Site of those who engage in repeated acts of infringement or other violations of copyright law.
INTD grants Users a nonexclusive, revocable right to use the Site provided that Users do not (i) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, (ii) modify or attempt to modify the Site in any manner or form, or (iii) violate any term in these Terms of Use.
INTD reserves the right, in its sole discretion, to review, improve, modify or discontinue, temporarily or permanently, the Site or any content or information on the Site, with or without notice to the User. Users have the same rights with regard to their self-generated content on the Site. Users agree that INTD shall not be liable to User or any third party for any modification or discontinuance of the Site.
Users are responsible for maintaining the confidentiality of any password and account number provided by the User or INTD for accessing the Site, and are fully responsible for all activities that occur under User's password or account. User agrees to immediately notify INTD of any unauthorized use of Users's password or account or any other breach of security.
You and INTD are not legally affiliated in any way by virtue of your membership or usage of INTD's Site or intellectual property other than the terms and conditions stated in these Terms of Use and no independent contractor, agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this agreement between INTD and its Users or Advertisers. INTD is not an employment service, staffing firm or placement agency and does not serve as an employer of any User that may use this Site. INTD is only a venue for connecting Users and Advertisers. As such, INTD expressly disclaims any liability that may arise between Users or Advertisers of its Site.
USER OR ADVERTISER EXPRESSLY AGREES THAT THE USE OF THIS SITE IS AT THE USER'S OR ADVERTISTER"S SOLE RISK. NEITHER INTD NOR ITS AFFILIATES OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SITE. INTD IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OR ADVERTISER OF THE WEBSITE OR SERVICE. THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. INTD, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS OR IMPLIED WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER THE COMPANY NOR ITS LICENSORS WARRANT OR GUARANTEE THE TIMELINESS, ACCURACY OR COMPLETENESS OF THE INFORMATION APPEARING ON THE SITE. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OF YOUR USE OF THE INFORMATION. INTD AND AFFILIATES DO NOT WARRANT THAT THE SITE IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. THE COMPANY AND ITS AFFILIATES TAKE REASONABLE MEASURES TO ENSURE THAT THE PERSONAL INFORMATION PROVIDED BY USERS OR ADVERTISERS IS NOT DISCLOSED, ONLY TO THOSE SPECIFIED BY USERS. INTDONLINE.COM CANNOT AND DOES NOT, HOWEVER, GUARANTEE THAT THE PERSONAL INFORMATION ENTERED BY USERS OR ADVERTISERS WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS. USERS AND ADVERTISERS AGREE TO FULLY INDEMNIFY AND TO NOT TO HOLD INTD LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ANY SUCH MISAPPROPRIATION, INTERCEPTION, DELETION, DESTRUCTION OR USE OF INFORMATION PROVIDED THROUGH THE SITE. THE COMPANY AND AFFILIATES SHALL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING FROM THE USE OR INABILITY TO USE THE SITE.
Under no circumstances will INTD or its Affiliates be liable to Users or Advertisers for any indirect, incidental, consequential, special or exemplary damages arising from any provision of this Agreement. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental, the limitations set forth in this paragraph may not apply to you. If any are held to inapplicable or unenforceable for any reason, then INTD's maximum liability to you for any alleged non-direct type of damages shall be limited to $200.00 US in the aggregate. Furthermore, the aggregate liability of INTD or its Affiliates for direct damages allegedly arising with respect to this Agreement and the Site will not exceed the total amounts paid by any User or Advertiser to the Company in the previous twelve (12) months under these Terms of Use. Any notice or other communication to be given hereunder will be in writing and given by facsimile, postpaid registered or certified mail return receipt requested, or electronic mail, as provided elsewhere in these Terms of Use. Due to the nature of this Agreement, in addition to money damages, you agree that INTD will be entitled to equitable relief upon a breach of this Agreement by you.
Failure by INTD to enforce any provision(s) of these Terms of Use shall not be construed as a waiver of any provision or right. These Terms of Use, and all other aspects of use of the Site, shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict of laws rules. All claims and disputes arising out of these Terms of Use or use of the Site, including an action for a specific performance or an injunctive relief brought by INTD, shall be exclusively brought in the federal, state or local courts located in Chicago, Illinois; and, with regard to such claims and disputes, Users and Advertisers hereby irrevocably (i) submit to the exercise of personal jurisdiction over them by these courts, and (ii) waive any jurisdictional, venue or inconvenient forum objections to such courts. The parties agree that the prevailing party in any action or claim to enforce the terms of this Agreement or to otherwise protect its rights under this Agreement shall be allowed to recover their reasonable attorney's fees and costs. These Terms of Use constitute the entire agreement between Users and INTD or Advertisers and INTD with respect to the Site. If any provision of these Terms of Use is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining Terms of Use shall remain in full force and effect. These Terms of Use inure to the benefit of INTD, its successors and assigns.
(a) Users or Advertisers are prohibited from violating or attempting to violate the security of the Site, including, without limitation: (i) accessing data not intended for such User or Advertiser or logging into a server or account which the User or Advertiser is not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with service to any User or advertising effort(s) of any Advertiser, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding", "mailbombing" or "crashing"; (iv) sending unsolicited e-mail, including promotions and/or advertising of products or services; (v) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability.
(b) Violation of these Security Rules may result in civil or criminal liability. INTD will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.
Nothing in these Terms of Use shall be construed as making any party hereto the partner, joint venture, agent, legal representative, planner, contractor or employee of the other. No party to these Terms of Use shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or previously authorized in writing by the party to be bound. These Terms of Use will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto. Except as expressly provided by INTD in a particular "Legal Notice," or software license or material on particular Web pages of the Site, this Agreement (and the policies referenced herein and incorporated by reference) constitutes the entire agreement between INTD and Users or INTD and Advertisers with respect to the subject matter hereof, and Users or Advertisers have not relied upon any promises or representations by INTD with respect to the subject matter except as set forth herein. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of all or part of a provision shall not affect the validity of the remaining parts and provisions of these Terms of Use, which shall remain in full force and effect. All provisions of these Terms of Use shall survive termination except those granting access or use to the Site, and you shall cease all your use and access thereof immediately. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term.