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TERMS OF USE AGREEMENT BETWEEN USER
AND IGOODZ, Inc.
PRIVACY POLICY
At IGOODZ, Inc. (“IGOODZ” or "We" or "Our"), user privacy is an important
concern. We are committed to privacy and security, and to providing the best
possible user experience for our users and online customers ("You"). We also
strive to protect the personal and confidential information of those who use our
on-line services. We will not misuse or divulge any information obtained through
our sevices. All information will be held in strict confidence and will only be used
to directly provide the services you have requested.
TERMS OF USE
Please read this agreement ("Agreement") carefully before accessing or using
the IGOODZ, Inc. online print design website at http://www.realtimedesigner.com (the "Site"). By accessing or using the Site, You agree to be bound by this Agreement. IGOODZ, Inc. provides the information
and services on this Site to you, the user, conditioned on your acceptance
without modification of the terms, conditions and notices contained herein. Your
use of the Site constitutes your agreement to all such terms, conditions and
notices.
The information and services offered on the Site are provided with the
understanding that neither IGOODZ, Inc. nor its representatives or service
providers are engaged in rendering legal services or other such advice. Your use
of the Site is subject to the additional disclaimers and notices that may appear
throughout the Site.
IGOODZ, Inc. and its representatives and service providers assume no
responsibility for any consequence relating directly or indirectly to any action or
inaction that you take based on the information, services or other material on this
Site. While IGOODZ, Inc. strives to keep the information on this Site
accurate, complete and up-to-date, IGOODZ, Inc. and its representatives
cannot guarantee, and will not be responsible for any damage or loss related to,
the accuracy, completeness or timeliness of the information.
USE LIMITATIONS: PROHIBITED USES
We provide online print design services (the "Services"). IGOODZ, Inc. grants
You access to the Site during the term of this agreement solely to receive the
Services. You may access materials on the Site as necessary to receive the
Services. You may not license, copy, distribute, create derivative works from,
frame in another Web page, use on any other Web site, or sell any information,
files, images, databases or lists obtained from the Site. We may provide you with
downloadable low resolution proof images in jpg or other such formats. You may
use such proof images for your own internal evaluation purposes. When
requested, you agree to provide true, accurate and complete user information.
You shall not access or attempt to access password protected, secure or nonpublic
areas of the Web site without IGOODZ, Inc. prior written permission
You will comply with all privacy laws.
PROPRIETARY RIGHTS
All materials on this Site (as well as the organization and layout of the Site) are
owned and copyrighted, licensed by, or used with permission that is granted to
IGOODZ, Inc.. No reproduction, distribution, or transmission of the
copyrighted materials at this Site is permitted without the prior written permission
of IGOODZ, Inc..
YOUR ACCOUNT
If you use this Site and we establish password protected areas, you are
responsible for maintaining the confidentiality of your account and password and
for restricting access to your computer, and you agree to accept responsibility for
all activities that occur under your account or password. If your status as a user
of the Site is terminated, you will (i) cease using the Site and any information
obtained from the site, and (ii) destroy all copies of your account information,
password and any information obtained from the Site other then personal customer data.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of this Site, you warrant to IGOODZ, Inc. that you
will not use this Site for any purpose that is unlawful or prohibited by these terms.
If you violate any of these terms, your permission to use the Site automatically
terminates.
You may not without the prior written permission of IGOODZ, Inc. use any
computer code, data mining software, "robot," "bot," "spider," "scraper" or other
automatic device, or program, algorithm or methodology having similar
processes or functionality, or any manual process, to monitor or copy any of the
Web pages, data or content found on this site or accessed through this site.
If you are under the age of 13, you may not use this Site.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THIS
SITE AND THE SERVICES OFFERED AT THE SITE IS AT YOUR SOLE RISK.
THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. IGOODZ. AND ITS SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH
THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK
AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF ANY SUCH MATERIAL.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER IGOODZ, INC. NOR ITS SERVICE PROVIDERS SHALL BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR
LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE OR
SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES
RESULTING FROM ANY DATA, INFORMATION OR SERVICES OBTAINED
OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO ON THE
SITE OR THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS
TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv)
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR
(v) ANY OTHER MATTER RELATING TO THE SITE OR THE SERVICES. IN
NO EVENT WILL OUR MAXIMUM LIABILITY TO YOU EXCEED THE AMOUNT
YOU PAID TO US FOR ONE MONTH'S USE OF THE SUBJECT SERVICES OR $100, WHICHEVER IS
GREATER.
LINKS TO THIRD PARTY SITES
This Site may contain hyperlinks to web sites operated by parties other than
IGOODZ, Inc., or its affiliates. Such hyperlinks are provided for your reference
only. IGOODZ, Inc. does not control such web sites, and is not responsible
for their content. Inclusion of hyperlinks by IGOODZ, Inc. to such web sites
does not imply any endorsement of the material on such web sites or any
association with their operators, and your access to and use of such sites,
including information, material, products and services therein, is solely at your
own risk. Furthermore, because the IGOODZ, Inc. privacy policy is applicable
only when you are on our Site, once linked to another web site, you should read
that site’s privacy policy before disclosing any personal information.
USER CONTENT
You shall not (nor cause any third party to) use the Site to perform any illegal
activities (including without limitation defaming, abusing, harassing, stalking,
threatening or otherwise violating the legal rights - such as rights of privacy -of
others) or immoral activities or any of the following types of activities, without
limitation:
a. transmitting information that infringes any patent, trademark, trade secret,
copyright or other proprietary rights of any party;
b. transmitting any material that contains software viruses, trojan horses,
worms, time bombs, cancelbots, or any other computer code, files, or programs
which may interrupt, destroy or limit the functionality of any computer software or
hardware or telecommunications equipment;
c. impersonating anyone or any entity, falsely stating or otherwise
misrepresenting your affiliation with a person or entity;
d. interfering with or disrupting the Site;
e. disrupting the activities or enjoyment of the Site for other users; or
f. collecting, or storing personal data about other users.
You agree to abide by all applicable local, state and federal laws and regulations
and are solely responsible for all acts or omissions that occur under your account
or password, including without limitation any of the user content created by you.
You acknowledge that user content is not endorsed by IGOODZ, Inc. and
such user content should not be considered to have been reviewed, screened or
approved by IGOODZ, Inc..
You agree that IGOODZ, Inc., in its sole discretion, may terminate your
password, account (or any part thereof) or use of the Site, and remove any user
content at any time and for any or no reason. You agree that IGOODZ, Inc.
shall not be liable to you or any third party for any termination of your access to
the Site or deletion of any user content on the Site.
You acknowledge and agree that IGOODZ, Inc. may preserve and disclose
user content if required to do so by law or if IGOODZ, Inc. believes in good
faith that such preservation or disclosure is reasonably necessary to comply with
legal process, enforce this Agreement, respond to a claim that user content
violates any third party's rights, or protect the right, property or personal safety of
IGOODZ, Inc., any users of the Site, and the public. You also acknowledge
that the technical processing and transmission of the Site, including without
limitation user content, may involve transmissions over various networks and
changes to conform and adapt to technical requirements of connecting networks
or devices.
IGOODZ, Inc. assumes no responsibility or liability whatsoever for the user
content.
CHANGES TO SITE
IGOODZ, Inc. may make improvements or changes in the information,
services, products, and other materials on this Site, or terminate this Site at any
time. IGOODZ, Inc. may modify this Agreement at any time, and such
modifications shall be effective immediately upon posting of the modified
Agreement. Accordingly, you agree to review the Agreement periodically, and
your continued access or use of this Site shall be deemed your acceptance of the
modified Agreement.
MISCELLANEOUS
This site is intended to and directed to residents of the United States, Mexico and
Canada and all advertising claims contained in this site are valid only in the
United States, Mexico and Canada. This Agreement and the resolution of any
dispute related to this Agreement or this Site shall be governed by and construed
in accordance with the laws of Kansas, without giving effect to any principles of
conflicts of law. Failure by IGOODZ, Inc. to insist upon strict enforcement of
any provision of this Agreement shall not be construed as a waiver of any
provision or right. 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 this Site or this
Agreement must be filed within one (1) year after such claim or cause of action
arose or be forever barred. Any legal action or proceeding between IGOODZ,
Inc. and you related to this Agreement shall be brought exclusively in a federal or
state court of competent jurisdiction sitting in the State of Florida, County of
Charlotte. If any of these terms shall be deemed invalid, void, or for any reason
unenforceable, that term shall be deemed severable and shall not affect the
validity and enforceability of any remaining term.
RealTimeDesigner and other logos, product and service names are trademarks
and service marks owned by or licensed to IGOODZ, Inc. or its affiliates
(the "Marks"). Without the prior written permission of IGOODZ, Inc., or
its appropriate affiliates, you agree not to display or use in any manner, the
Marks.
All other trademarks are the property of their respective owners.
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Call Us at 1-800-966-0915 (M-F, 8am-5pm Eastern Time)
   
Igoodz, Inc. - Mark Gering Magnetics
17880 Toledo Blade Blvd.
Port Charlotte, Florida 33948
PHONE 800-966-0915
Fax 800-966-0917 Fax
Email: sales@MagneticSigns.com
© Copyright 1997-2010 IGOODZ, INC.| Last Updated February 14, 2013 | Terms of Use
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