Infused Commerce - Terms and Conditions

Terms and Conditions

Last Updated: October 1, 2010

By signing up for Infused Industries’ Infused Commerce (“Service”), User agrees to be bound by the following terms and conditions (“Terms of Service”). Any new features or tools which are added to the current Service shall be also subject to the Terms of Service. User can review the most current version of the Terms of Service at any time at: http://www.infusedcommerce.com/?page_id=203. Infused Industries reserves the right to update and change the Terms of Service by posting updates and changes to the Infused Industries website. Users are advised to check the Terms of Service from time to time for any updates or changes that may impact the Users.

Account Terms

User must be 18 years or older to use this Service.
User must provide your full legal name, current address, a valid email address, and any other information needed in order to complete the signup process.
User is responsible for keeping user’s password secure. Infused Industries cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.
User understands that in the event any security violations are believed to have occurred in connection with your Account, Infused Industries may (a) suspend access to your Account pending an investigation and resolution of such violation, and (b) cooperate in any regulatory, administrative and/or governmental investigation relating to the Service and/or your Account.
User may not use the Infused Commerce service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
User is responsible for all activity and content (data, graphics, photos, links) that is uploaded under User’s Infused Commerce account.
User must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Account Terms as determined in the sole discretion of Infused Industries will result in an immediate termination of User’s subscription.
The term of this Agreement will commence on the date your Account is established and shall continue thereafter until the expiration of the subscription period chosen by User.

General Conditions

User must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy before you may become a subscriber to the Infused Commerce Service.

We reserve the right to modify or terminate the Service for any reason, without notice at any time.
We reserve the right to refuse service to anyone for any reason at any time.
User’s use of the Service is at your sole risk. The Service is provided on an ”as is“ and ”as available“ basis without any warranty or condition, express, implied or statutory.
Infused Industries does not warrant that the service will be uninterrupted, timely, secure, or error-free.
Infused Industries does not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
User understands that User’s Content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.
We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
Infused Industries does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.
User expressly understand and agree that Infused Industries shall not 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 resulting from the use of or inability to use the service.
In no event shall Infused Industries or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or this agreement (however arising including negligence). User agrees to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Infused Industries partners, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
Infused Industries, Inc. will provide support via phone, email and our customer support portals. Infused Industries, Inc. will provide technical support for the Commerce product.
User agrees not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Infused Industries. Any software developed by Infused Industries, Inc. per this Agreement will remain the Intellectual Property of Infused Industries, Inc.
During the term of this Agreement, Users will have a limited, revocable, non-exclusive, non-transferable, royalty-free license to use the Service solely for User’s own internal business purposes consistent with the terms and conditions of this Agreement. This Agreement does not constitute a license to you to use Infused Industries’ trade names, service marks, or other intellectual property. Any rights not expressly conferred hereunder are reserved by Infused Industries.
Verbal or written abuse of any kind (including threats of abuse or retribution) of any Infused Commerce customer, Infused Industries employee, member, or officer will result in immediate account termination.
We do not claim any intellectual property rights over the material Users provide to the Infused Commerce service. All material Users upload remains the User’s material. Users can remove its Infused Commerce store at any time by deleting your account. This will also remove all content the User has stored on the Service.
User acknowledges and agrees that content available from the Service and Infused Industries’ web site, including, but not limited to, text, software, music, sound, logos, trademarks, service marks, photographs, graphics, or video, is protected by copyright, trademark, patent, or other proprietary rights and laws, and may not be copied, downloaded, shared, reproduced, or republished, in whole or in part, without the express written consent of Infused Industries.
The failure of Infused Industries to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Infused Industries and govern your use of the Service, superseding any prior agreements between you and Infused Industries (including, but not limited to, any prior versions of the Terms of Service).
User retains ownership over all content that that User submits to a Infused Commerce store however, by making its store public, the User agrees to allow others to view the store’s content.
Infused Industries does not pre-screen Content and it is in its sole discretion to refuse or remove any Content that is available via the Service.
Questions about the Terms of Service should be sent to support at http://infusedindustries.zendesk.com/

Payment of Fees

The service will be billed in 30 day intervals. When User’s billing period is over Infused Commerce Users will be sent an invoice via email. As well, an invoice will appear on the account page of your Infused Commerce administration console. Users have approximately two weeks to bring up and settle any issues with the billing.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
Infused Industries does not provide refunds.

Cancellation and Termination

Users may cancel its account at anytime.
Once a User’s account is cancelled all of the User’s Content will be immediately deleted from the Service. Since deletion of all data is final, the User must be sure they do in fact want to cancel its account before doing so.
If a User cancels its Service in the middle of the month, the User will receive one final invoice via email. Once that invoice has been paid the User will not be charged again.
We reserve the right to modify or terminate the Infused Commerce service for any reason, without notice at any time.
Fraud: Without limiting any other remedies, Infused Industries may suspend or terminate a Users account if we suspect that User (by conviction, settlement, insurance or escrow investigation, or otherwise) to have engaged in fraudulent activity in connection with the Site.
Any attempt to undermine or compromise the security of, or otherwise cause harm to the Network or Infused Industries’ customers, is strictly prohibited and may result in criminal or civil liability and immediate cancellation of subscription.

Availability of Service

Infused Industries shall use commercially reasonable efforts to keep the Service available on a twenty-four (24) hour a day, seven (7) day a week basis. Notwithstanding the foregoing, User acknowledges and agrees that the Service may be inaccessible or inoperable for any reason, including, without limitation (a) network malfunctions, (b) periodic maintenance procedures or repairs which Infused Industries may undertake from time to time, (c) modifications or improvements to the Service which Infused Industries may undertake from time to time, or (d) causes beyond the control of Infused Industries or which are not reasonably foreseeable by Infused Industries. The parties acknowledge that since the Internet is neither owned nor controlled by any one entity, Infused Industries makes no guarantee that User will be able to access the Service at any given time. Infused Industries shall not be liable to User for failure of accessibility to the Service or any claims or damages arising therefrom or related thereto. Infused Industries shall not be held responsible in any way for the loss of any of your sales, data or information due to any technical errors or problems, regardless of the error’s or problem’s source.

Modifications to the Service and Prices

Prices for using Infused Commerce are subject to change upon 14 days notice from Infused Industries. Such notice may be provided at any time by posting the changes to the Infused Commerce Site (http://www.infusedcommerce.com) or the administration menu of a User’s Infused Commerce store via an announcement.
Infused Industries reserves the right at any time to time to modify or discontinue, the Service (or any part thereof) with or without notice.
Infused Industries shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Miscellaneous

User hereby grants Infused Industries the right to use its name in press releases, product brochures and financial reports indicating that User is a customer of Infused Industries.
This Agreement, together with Infused Industries’ Policies, constitutes the complete understanding and agreement for the Service between Infused Industries and User and supersedes all previous communications, representations, understandings and agreements, either oral or written, between User and Infused Industries.
Independent Contractors. Infused Industries and User are independent contractors. Neither party is an agent, representative, or partner of the other party. Neither party shall have any right, power or authority to enter into any agreement for, or on behalf of, or incur any obligation or liability of, or to otherwise bind, the other party. This Agreement shall not be interpreted or construed to create an association, agency, joint venture or partnership between the parties or to impose any liability attributable to such a relationship upon either party.
The parties acknowledge and agree that Infused Industries is providing access and use of the Service to multiple customers of Infused Industries and that the Service is non-exclusive to and nontransferable by User.
This Agreement, and any other agreement for Infused Industries services, will be governed by and construed in accordance with the laws of the State of North Carolina, USA without reference to its conflicts of laws principles. Any litigation or arbitration between User and Infused Industries will take place in the state of North Carolina, and the User hereby consents to personal jurisdiction and venue in that jurisdiction.
Any notices required or permitted to be given hereunder shall be by e-mail, facsimile or in writing. Infused Industries will use the contact information provided by User, during the Service sign up process, or as maintained by User within your Account, in sending notices to User. Any notice from User to Infused Industries shall be addressed to: Infused Industries Inc. 828 Woodburn Road, Raleigh, NC 27605, Attn: Manager; by e-mail, customersupport@infusedindustries.com. All notices in writing shall be deemed delivered three (3) business days after deposit in the United States mail, registered or certified mail, return receipt requested, postage prepaid. All notices sent via facsimile or e-mail shall be deemed delivered upon confirmation of receipt thereof.
User may not assign or delegate its rights or obligations under this Agreement, either in whole or in part, without the prior written consent of Infused Industries.
By subscribing to the Service, User acknowledges and agrees that User (a) has read this Agreement in its entirety and has consulted with and been counseled by his/her/its own legal counsel and/or other advisors in connection therewith, (b) understands the terms and conditions of this Agreement, (c) is entering into this Agreement voluntarily and with a full understanding of the meaning and legal effects of each provision contained in this Agreement, and (d) agrees to be bound by the terms and conditions of this Agreement.

Disclaimer

INFUSED INDUSTRIES WILL UTILIZE COMMERCIALLY REASONABLE EFFORTS TO MAINTAIN ACCEPTABLE PERFORMANCE OF THE SERVICE. HOWEVER, INFUSED INDUSTRIES MAKES ABSOLUTELY NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING THE SERVICE OR ANY INFORMATION PROVIDED THROUGH THE SERVICE OR THE INTERNET GENERALLY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, INFUSED INDUSTRIES SPECIFICALLY DISCLAIMS ANY WARRANTY THAT (A) THE SERVICE WILL BE TIMELY, ERROR-FREE OR UNINTERRUPTED, OR (B) INFUSED INDUSTRIES WILL PROVIDE THE SERVICE CONTINUOUSLY OR AT ANY PARTICULAR TIME, OR (C) THE DATA STORED OR TRANSMITTED VIA THE SERVICE OR NETWORK WILL BE ACCURATE OR COMPLETE. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE USE OF THE SERVICE IS AT USER’S SOLE AND ABSOLUTE RISK.
IN NO EVENT SHALL INFUSED INDUSTRIES BE LIABLE TO USER FOR ANY LOSS OF BUSINESS, PROFITS OR GOODWILL, LOSS OF USE OR DATA, INADVERTENT DISCLOSURE OF OR CORRUPTION OF DATA, INTERRUPTION OF BUSINESS, OR FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, EVEN IF INFUSED INDUSTRIES IS AWARE OF THE RISK OF SUCH DAMAGES AND SUCH DAMAGES ARE DUE TO THE FAULT OR NEGLIGENCE OF INFUSED INDUSTRIES, THAT RESULT IN ANY WAY FROM (A) USER’S USE OR INABILITY TO USE THE SERVICE, (B) ERRORS, DEFECTS, OMISSIONS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY OTHER FAILURE OF PERFORMANCE OF THE SERVICE OR NETWORK, AND (C) USER’S INABILITY TO RECEIVE NOTICES. IN NO EVENT SHALL INFUSED INDUSTRIES ‘S MAXIMUM LIABILITY EXCEED THE LESSER OF (i) THE TOTAL AMOUNT PAID BY YOU TO INFUSED INDUSTRIES FOR THE SERVICE HEREUNDER OR (ii) THE TOTAL AMOUNT PAID BY YOU TO INFUSED INDUSTRIES IN THE PRECEDING TWELVE (12) MONTHS. TO THE EXTENT APPLICABLE, STATE LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, INFUSED INDUSTRIES’ LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.