i-mate Terms of Use

i-mate Terms of Use

Acceptance of Terms
The services and/or materials i-mate (“imate”) provides to you in connection with this web site ("Site") are subject to the following Terms of Use ("Terms"). By accessing, using, or registering for this Site, you agree to follow and be bound by these Terms. IF YOU DO NOT ACCEPT ALL OF THESE TERMS, DO NOT USE THIS SITE.

Subject to the imate, imate authorizes you to view and use the information and materials obtained from this Site directly or sent by imate via email or post pursuant to a request by you via the Site (collectively, "Materials"), provided that: (1) you retain all copyright and other proprietary notices contained in the original Materials on any copies of the Materials; and (2) your use of the Materials is subject to these Terms.

Authority
By using the Site, you represent that you are at least 13 years old. Persons who are at least 13 years of age but under the age of 18 may only use the Site with legal parental or guardian consent. Accordingly, you agree that you are at least 18 years of age or older or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, representations and warranties set forth in the Terms; otherwise, please exit the Site.

Applicability
The Materials on this Site, including without limitation pricing of products and items sold on this Site (if any), information about products, solutions, services and support, are applicable to products sold in the United States from this Site and not necessarily to products sold in other markets or from other Web sites. This Site is controlled and operated by imate from its offices in the United States. imate makes no representation that Materials or services on this Site are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited.

Limitation on Use and Submissions
You agree not to use the Materials or this Site, including submitting information through this Site, in any manner or for any purpose that is unlawful or fraudulent, or violates any patent, copyright, trademark, trade secret or any other proprietary intellectual property rights of others.

Unless otherwise specified in the Terms, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, or create derivative works from, transfer, or sell any Materials, products or services obtained from the Site. This means, among other activities, that you agree not to engage in the practices of "screen scraping," "database scraping," or any other activity with the purpose of obtaining lists of users or other information. You agree that you will not use the Site or the Materials in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. This means, among other activities, that you may not:

(i) submit information through this Site that contains any material that is unlawful, libelous, slanderous, defamatory or invasive of another person's privacy, or that imate may reasonably deem harmful, vulgar, obscene, derogatory, pornographic, abusive, harassing, threatening, hateful, objectionable with respect to race, religion, creed, national origin or gender, or otherwise unfit for publication;

(ii) without first using reasonable efforts to scan and remove any viruses or any contaminating or destructive features before submitting any content to this Site, submit any information through this Site that contains a virus, Trojan horse, "sniffer" routines, or any other harmful software code, file, program or programming routine or other contaminating or destructive features;

(iii) post, publish, transmit, distribute, or upload through this Site any unauthorized or unsolicited bulk e-mail solicitations, chain letters, advertisements, marketing or promotional materials, "junk mail", "spam", pyramid schemes or any other solicitations or communications; or

(iv) register with or otherwise use a false name or identity, impersonate any person or entity, including without limitation imate personnel, falsely state or otherwise misrepresent your affiliation with a person or entity, use another users password (if applicable), or otherwise manipulate identification information to falsify or disguise the origin of content. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

When submitting information through this Site you agree to grant imate and its affiliates and sub-licensees a nonexclusive, royalty-free, perpetual, worldwide, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, copy, modify, adapt, create derivative works from, distribute, and display or publish such content or any concept described in it throughout the world in any media or product, without compensation, restrictions on use, acknowledgement of source, accountability or liability, and with waiver of all moral rights and rights of attribution, integrity and identity. You agree not to take action against imate in relation to content that you submit.

Disclaimers
All of the data contained on this Site relating to third-party products or services, including but not limited to, the prices and the availability of any service, product, product feature, or coverage of service, if any, should be verified with the company supplying the product or service and is subject to change without notice. imate reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any errors or omissions in, any data contained on this Site. imate is not responsible for any loss or damage that is caused by your reliance on any Materials contained on this Site.

All Materials provided on the Site, including any material from third parties, is "AS IS," and “AS AVAILABLE BASIS” and IMATE MAKES NO EXPRESS OR IMPLIED CLAIMS, REPRESENTATIONS OR WARRANTIES AS TO ITS ACCURACY, VALIDITY, OR VERACITY INCLUDING, BUT NOT LIMITED TO ,WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER IMATE, NOR ANY OF ITS CONTRACTORS INVOLVED IN CREATING, PRODUCING OR DELIVERING ANY OF THE MATERIAL ON THIS SITE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOST PROFITS, REVENUES OR DATA OR LOSSES FOR BUSINESS INTERRUPTION ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE, EVEN IF IMATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IMATE ASSUMES NO RESPONSIBILITY, AND SHALL HAVE NO LIABILITY FOR, ANY DAMAGES TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF OR ARISING OUT OF YOUR USE OF OR ACCESS TO THIS SITE. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THE LIABILITY OF IMATE IN ANY SUCH CASE SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

imate also incorporates into these Terms all of the disclaimers as set forth in the printed version of the user guide corresponding to the respective models of devices referenced in this Site, including but not limited to the disclaimers of warranties and liability. If you do not have a copy of the appropriate user guide, you may, as applicable, (i) download the appropriate user guide from this Site, or (ii) order one from this Site, subject to availability, at the price listed on this Site. imate does not warrant that your access to this Site will be uninterrupted or error-free.

Security of Online Transactions
Please see the Privacy Policy http://www.imate.com/t-privacy.aspx disclosures relating to the collection and use of your information. By using the Site, you are consenting to the processing of your data by imate and consenting to our Privacy Policy.

Links; No Endorsement
Links to third-party web sites on this Site are provided solely as a convenience to you. If you use these links, you will leave this Site. We have not reviewed these third-party sites and do not control and are not responsible for any of these sites or their content. We do not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third-party sites linked to this Site, you do this entirely at your own risk.

Managing Content
imate does not and cannot monitor and review the content posted, if any, by users on this Site, and is not responsible for such content. However, imate may at any time at its discretion remove any content posted by users.

User Information
When using this Site, you agree to be responsible for providing accurate and complete information about yourself during registration ("Your Data"), and updating Your Data to keep it current. You are entirely responsible for maintaining the confidentiality of your username and password. Furthermore, you are entirely responsible for any and all activities that occur under your account. At our sole discretion, we may terminate the accounts or access rights of users who may have provided inaccurate or incomplete information during registration.

If any portion of the Site requires you to register or open an account you may also be asked to choose a password and a user name. You are responsible for maintaining the confidentiality of the password and account, and you are fully responsible for all activities that occur under your password or account identification. You agree to immediately notify imate of any unauthorized use of your password or account or any other breach of security. Without limiting any rights which imate may otherwise have, imate reserves the right to take any and all action, as it deems necessary or reasonable, to ensure the security of the Sites and your account, including without limitation terminating your account, changing your password, or requesting additional information to authorize transactions on your account.

Notwithstanding the above, imate may rely on the authority of anyone accessing your account or using your password and in no event and under no circumstances shall imate be held liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction of imate under this provision, (ii) any compromise of the confidentiality of your account or password and (iii) any unauthorized access to Your account or use of your password. You may not use anyone else's account at any time, without the permission of the account holder.

Indemnity
You agree to indemnify and hold imate and its subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, suppliers, alliance members, other partners, employees and representatives harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your submissions to the Site, your use of or connection to the Site (including any use by you on behalf of your employer), your violation of the Terms, or your violation of any rights of another.

Export Controls
Software and other materials that may be available on this Site may also be subject to United States Export Administration Regulations. Diversion contrary to U.S. law is prohibited. You agree that you shall comply with all applicable export laws, restrictions and regulations of the United States or foreign agencies or authorities, and shall not export, or transfer for the purpose of re-export, any software, product or technical data received in connection with your use of this Site in violation of any such restrictions, laws or regulations, or without all necessary approvals. You agree that you shall not export any downloadable software product available that may be available on this Site to any prohibited or embargoed country or to any denied, blocked, or designated person or entity as mentioned in any such U.S. or foreign law or regulation. By downloading or using any such downloadable software product, you agree to comply with these terms and conditions.

Shopping with imate.com
When you place an order for a product ("Order") you are offering to buy it for the price stated, subject to the applicable terms and these Terms. When you place your Order online we will send you an email to confirm that we have received it. This email confirmation will be produced automatically so that you have confirmation of your Order details. The fact that you receive an automatic confirmation does not necessarily mean that we will be able to meet your Order. Once we have sent the confirmation email we will then check availability and contact you with a further email. If the product is available and the details of the Order are correct, this email will be deemed an acceptance and will specify delivery details and confirm the price of the Products purchased. If the product is not available we will also let you know by email. You may also be required to agree to additional terms in connection with the purchase of a product, such as a license and service agreements.

imate may cancel any sale and not supply products if it is reasonable to do so and may change or discontinue the availability of products at any time at its sole discretion. If an Order is cancelled, any payment made for the products will be refunded in full. This does not affect your legal rights as a consumer. All new Orders are deemed separate and each is treated individually.

Price
The price for each product is shown excluding sales tax. This will be added (if applicable) at the checkout when you provide your invoice/delivery address. We always try to make sure that the prices on our website are accurate but errors may occur. If we discover an error in pricing of the products in your Order we will inform you as soon as possible using the contact details you supply us with. We will then give you the option of reconfirming your Order at the correct price or cancelling it. (If we are unable to reach you we will treat the Order as cancelled). If an Order is cancelled, any payment made for the products will be refunded in full. You will be notified of shipping costs automatically before you submit your credit card details, based on the delivery address and the shipping service you choose. Prices on this website are quoted and charged in $US Dollars and apply to orders shipped to U.S. addresses.

Payment
You must pay for your Order before it is delivered and you can do so by credit card. Orders are processed online, using a credit or debit card . We aim to debit money from your account within one working day after receiving your Order subject to stock availability. To ensure that shopping online is secure, your credit/debit card details will be encrypted to minimize the possibility of someone being able to read them as they are sent over the Internet. Your credit card company may also do security checks to confirm it is you making the Order.

Product Availability
We try to keep the imate.com website as up-to-date as possible but cannot guarantee that particular product will always be available. If we cannot supply a product you will not be charged for it and we will refund or re-credit your account with the amount debited by us where charged in error. All offers are available while stocks last. If we are unable to supply a product you have Ordered, we will notify you as soon as we can after receiving your Order. If this happens, you may cancel your Order and we will refund you the money you have paid for it.

Shipping and Returns
The current Shipping and Return policies can be viewed at http://www.imate.com/t-shipping.aspx

Jurisdiction and Venue
These Terms are to be governed and construed by the substantive law of the State of Washington. In the event of a dispute arising out of or relating to these terms and conditions, or your use of or access to this Site, litigation must be brought in state or federal court in the State of Washington.

Waiver
The failure of imate to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of the Terms to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. Notwithstanding the foregoing, any Software downloaded from this site is governed separately by the imate License Agreement and any support services you subscribe to are governed by a separate Service Agreement.

Trademarks
"imate Trademarks" means all names, marks, brands, logos, designs, trade dress, slogans, and other designations imate uses in connection with its products and services. You may not remove or alter any imate Trademarks, or co-brand your own products or material with imate Trademarks, without imate's prior written consent. You acknowledge imate's rights in imate Trademarks and agree that any use of imate Trademarks by you shall inure to imate's sole benefit. You agree not to incorporate any imate Trademarks into your trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations, for use on or in connection with computer or Internet-related products, services or technologies.

The names of actual companies and products mentioned on the Site or in the information provided on this Site may be the trademarks of their respective owners.

General
imate may update these terms at any time without notice by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. If you have comments or questions about our Terms, please contact us policy@imate.com. We will address any issue to the best of our ability.