Welcome to Interamerican Tech Corp (“ITC”). These Terms & Conditions, and any other ITC terms incorporated by reference herein, (together, the "Terms") apply to your use of itamtech.com and any other websites or mobile applications of ITC, Corp. or our subsidiaries or affiliates, (collectively, "ITC," "we," "us," or "our") that link to these Terms (the "Sites").
1. Acceptance of Terms
By accessing and using the Sites, you accept and agree to be legally bound by the terms and conditions contained in these Terms. If you do not agree to these Terms, you should not access or use the Sites. In addition, if you are accessing or using the sites on behalf of a corporate entity, you represent and warrant that you have the right, authority and capacity to accept these Terms on such entity's behalf.
a. Changes to Terms
We encourage you to review the Terms regularly to know about our practices. ITC reserves the right to modify, amend or update these Terms at any time and for any reason. If we make changes, we will let you know by revising the date at the end of the Terms. In some cases, we may also provide you with additional notice (such as sending you an email notification if you've provided your email address). Any changes we make to these terms will be effective immediately upon posting. Your continued use of the Sites after such posting shall be deemed to constitute acceptance by you of the changes.
b. Language of the Terms
Where ITC has provided a foreign translation of the English language version of the Terms, the translation is provided for your convenience only and you agree that the English language version of the Terms will govern your usage of the Sites. If there is any contradiction between the English language version of the Terms and a translation, then the English language version will take precedence. The parties have expressly requested and required that this Agreement and all other related documents be drawn up in the English language. Les parties conviennent et exigent expressement que ce Contrat et tous les documents qui s'y rapportent soient redigés en anglais.
2. Scope of Use
On the condition that you fully comply with these Terms, ITC grants you a limited, nonexclusive, non-transferable and revocable license to access and use the Sites.
The use, reproduction, transmission or distribution of any information, software or other material made available through the Sites for anything other than your company's internal commercial use to conduct business with ITC without the prior written consent of ITC is strictly prohibited. You may use the Sites only for purposes that are lawful and permitted by the Terms. Gathering data from the Sites through harvesting, screen scraping or other automated means is strictly prohibited. You may not to access (or attempt to access) or systematically retrieve data from, any part of the Sites through any automated means (including use of scripts, bots or web crawlers). You will not engage in any activity that interferes with or disrupts the Sites or interferes with any other party's use and enjoyment of the Sites.
a. Creating Accounts
When you create an account on the Sites, you are responsible for maintaining the security of your account and to promptly notify us if you discover or suspect any security breaches. You represent and warrant to us that all information that you provide in connection with your account is accurate, truthful, current and complete. ITC reserves the right to deny, deactivate, or terminate any account at our discretion.
b. User Content
The Sites may contain message boards and other areas where you may post or upload messages or other user-generated content such as video, photos, blogs, comments, or other materials (collectively, "User Content"). You are solely responsible for all User Content you upload or post to the Sites. ITC does not control the User Content and, as such, makes no representation or warranty as to the accuracy, integrity or quality of such User Content. In no event shall ITC assume or have any responsibility or liability for any User Content or for any claims, damages or losses resulting from their use and/or appearance on the Sites.
You hereby represent and warrant that you have all necessary rights in and to all User Content you provide and all information it contains and that such User Content does not and will not infringe, violate or misappropriate any intellectual property or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information. You acknowledge that ITC may or may not pre-screen User Content, but that ITC and our designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any User Content that is available on the Sites. Without limiting the foregoing, ITC and our designees shall have the right to remove any User Content that violates these Terms or is otherwise objectionable.
If you post or upload any User Content to the Sites, you further agree to the following rules of conduct:
You agree not to post or upload any User Content that violates or infringes in any way upon the rights of others, including any statements which may defame, harass, stalk or threaten others;
You agree not to post or upload any User Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
You agree not to post or upload any User Content that violates any law or engage in activity that would constitute a criminal offense or give rise to a civil liability;
You agree not to post or upload any User Content that advocates or provides instruction on illegal activity or discuss illegal activities with the intent to commit them;
You agree not to post or upload User Content which contains advertising, marketing or any solicitation for products or services, or any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes, " or any other form of solicitation;
You agree not to impersonate any person or entity, including, but not limited to, any ITC employee, or falsely state or otherwise misrepresent your affiliation with any person or entity;
You agree not to collect or store personal data about other users in ways that are not expressly permitted by ITC or otherwise violate another user's privacy;
You agree not to post or upload any User Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; and
You agree not to upload or post any User Content that violates, infringes or misappropriates any third party's copyright, trademark, trade secret, right of publicity or other intellectual property or proprietary right. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, trade secrets, rights of publicity or other proprietary rights or any other harm resulting from such a submission.
c. Suggestions submitted to ITC through the Sites
By submitting ideas, suggestions, documents, and/or proposals ("Suggestions") to ITC through our suggestion or feedback pages or otherwise, you acknowledge and agree that: (a) your Suggestions do not contain confidential or proprietary information; (b) ITC is not under any obligation of confidentiality, express or implied, with respect to the Suggestions (c) ITC may use or disclose (or choose not to use or disclose) your Suggestions for any purpose, in any way, in any media worldwide; (d) ITC may have something similar to the Suggestions already under consideration or in development; (e) your Suggestions automatically become the property of ITC without any obligation of ITC to you and you hereby assign to ITC all right, title and interest (including all intellectual property rights) in such Suggestions; and (f) you are not entitled to any compensation or reimbursement of any kind from ITC under any circumstances.
3. Products
ITC, makes all sales of products and services ("Products") to Customer ("Customer") subject to the following Terms and Conditions, ("Terms and Conditions"):
a. Acceptance / Pricing
ITC's acceptance of all orders, however made, is expressly conditioned upon Customers consent, either expressed or implied, to these Terms and Conditions. ITC's sales of Products to Customer are made on an all sales final basis and are purchased at Customer's own risk. ITC will not accept and expressly objects to and rejects, any other terms and conditions (whether written or oral) originating from Customer that purport to modify, add to, or otherwise vary the terms and conditions stated here in. Customer's will have deemed to accept these Terms and Conditions by any of the following: a) placing an order for Products via approved method which includes telephone, online, written acknowledgment or other act or expression of acceptance, b) Customers offer to purchase Products from ITC, c) Customers acceptance of shipment from ITC and d) Customers payment for any Products. Customer expressly agrees ITC will not be bound by any terms and conditions set forth by Customer unless previously agreed to by ITC management in writing. ITC may require Customer to notate on the face of each submitted purchase order that the terms of this agreement control; provided however, if Customer fails to include any such notation, ITC and Customer agree that the Terms and Conditions of this agreement shall still control.
Pricing for all Products are displayed online and applicable discounts are shown after logging into Customer's account or set by agreed upon pricing arrangements and do not include applicable; duties, taxes, freight, shipping costs and other charges or fees. Such fees may be for special packaging, requested labeling, permits, certificates, customs documents and other special requests. ITC may charge a handling fee for orders where additional packaging or services are required. The minimum charge for additional handling fee(s) is $5.00 US Dollars. Quotations generated online or by ITC sale(s) personnel are valid for 30 days unless otherwise specified in writing. Quotations may include shipping estimates and actual shipping charges may vary. In such cases actual shipping charges may be billed. ITC is not responsible for discrepancies / typographical errors: made by ITC, online, or those listed on product specification sheets created by the manufacturers represented. Pricing is subject to change at any time without notice.
b. Inventory/ Back Orders / Special Orders / Advance Orders
ITC does its best to maintain stock levels on most items offered. If an item is out of stock or on backorder ITC will notify Customer and do its best to provide of an estimated ship date based on the delivery schedule provided by the manufacturer. ITC will do its best to inform of manufacture delays that it is made aware of, but will not be held liable for late delivery, missed shipments, installation delays or dates or other related deadlines out of its control. ITC will fulfill orders and backorders as soon as possible. Customers desiring to purchase Products not normally stocked, or Products not listed on the website may be special ordered. Special orders are non-cancelable and non-refundable and may require pre-payment in full. ITC accepts (and in some cases requires) prepaid advance orders to guarantee future stock for specific items.
c. Shipment / Title / Rick of Loos / taxes / Shortages
Purchaser shall inspect all Products immediately following arrival thereof at the destination, and shall give written notice to Seller within five(5) days of any claim that the Products are nonconforming, provided that a reasonable inspection should have revealed such non-conformity. If Purchaser shall fail to give such notice within five days, Purchaser is deemed to have accepted the Products.
Customers must inspect their shipments upon delivery prior to signing the release. When the shipment arrives the driver will ask you to sign for the delivery. This is a legal document stating that the package is being delivered in good condition without damage and that the customer is waiving any additional claim from the shipper. Before signing, inspect the package(s) closely on all six sides. Note any box damage including scuffs, dents, tears, punctures or creases on the delivery receipt. If there is anything unusual with the package, the customer has the right to open it to inspect the contents. If the driver is unwilling to wait while you inspect all of the items, you may mark on the delivery receipt "Concealed Damage Possible". Title and risk of loss shall pass to Customer upon delivery by freight carrier.
Unless otherwise agreed in writing, delivery will be made in accordance with ITC's shipping policy that is in place on the date of order. Title to the Products shall pass to Customer upon delivery of the Products to a) common carrier or b) Customer's representative at ITC's dock. ITC's delivery of the Products shall be Ex Works (Incoterms 2010) ITC's shipping point unless otherwise indicated in writing, with all risk of loss, damage, theft or destruction passing to Customer at such point, subject to ITC's rights under applicable law. No such loss, damage, theft or destruction to the Products, in whole or in part, shall impair the obligations of Customer under this agreement, all of which shall continue in full force and effect. ITC shall not be liable for any shipping delays. Customer shall bear all applicable federal, state, municipal or other governmental tax, as well as any applicable import or customs duties, license fees and similar charges, however designated or levied on the sale of Products (or delivery thereof) or measured by the purchase price paid for the Products. Customer must notify ITC, by contacting ITC within three (3) business days after delivery of any claimed shortages or rejections. Failure to give such notice of a claim will be deemed an acceptance in full of any such delivery. Approval of any short shipment claim is in ITC's sole power and discretion. In the event that ITC grants a short shipment claim, ITC will provide the missing items or issue a credit memo at its sole discretion.
d. Security Interest
Customer grants ITC security interest in all Products sold under these Terms and Conditions and to all Products now or hereafter purchased and or acquired by Customer from ITC, and to any proceeds thereof, until the purchase price and any other amounts due to ITC have been paid in their entirety. Customer hereby authorizes ITC to prepare and file any financing statement listing the Products as collateral and to file such financing statement in such filing offices as ITC deems appropriate. Customer further agrees promptly to execute any other documents requested by ITC in order to protect ITC's security interest in said Products. Upon any default by Customer of any of its obligations to ITC, ITC shall have all the rights and remedies of a secured party under the Uniform Commercial Code, which rights and remedies shall be cumulative and not exclusive.
e. Payment
ITC accepts payment via wire transfer, PayPal, Zelle, draft, or major credit card (Visa, MasterCard, Discover and American Express). International orders require payment in advance via wire transfer including a $35.00 US Dollar fee unless otherwise noted. If the order is under $1000.00 US Dollars a major credit card may be accepted. All products are sold in US Dollars.
For terms customers: Payment is due from date of invoice, not receipt of goods according to the payment terms allowed. All payments will be made in US Dollars. Customers will pay a late fee of (1.5%) per month of any outstanding balance owed, or the maximum amount permitted under applicable law. All drafts dishonored for any reason shall be assessed a $35.00 US Dollar service charge. In the event Customer stops payment on any drafts issued to ITC, for any reason, Customer hereby recognizes that ITC would suffer damage, the exact amount of which cannot be determined with certainty, and Customer shall pay ITC liquidated damages in the amount of $500.00 US Dollars for each such draft in addition to the outstanding balance. Customer may not use anticipated credit memos before ITC issues the credit on Customer's account. Payment using an anticipated credit memo for purchases before ITC issues the credit on Customer's account will be considered a short payment and may result in delayed shipments. It is not ITC's policy to issue refunds. Credit Memos must be used on current outstanding balances or future purchases.
ITC reserves the right to withhold shipment of any part of an order or to require pre-payment of any given shipment if Customer does not make timely payment(s). If an account goes past due more than 3 times in a given year Net Terms may be forfeited and pre-payment required. Customer will pay and is responsible for all applicable taxes, duties, licenses, excises, and tariffs (taxes) levied upon the sale, purchase or delivery of the Products. ITC may require a valid major credit card to be kept on file, reserving the right to charge the credit card on file including applicable finance charges of up to 3% if payment is not received by the date due.
f. Warranty
Defective returns will be accepted for exchange or repair, at our discretion, within 30 days from the shipment date. No refunds or credit will be granted after 30 days. ITC makes no warranties whatsoever on any products it does not manufacture and passes through any manufacturer warranties issued for the products it represents. Warranty returns are subject to the individual manufacturer's warranty return policy. Warranties vary by manufacturer. Customer agrees to consult the manufacturer of the product purchased regarding their warranty policy prior to contacting ITC. If the Product purchased is determined to be within the manufacturers' warranty policy ITC may assist in obtaining warranty service. If Customer has trouble obtaining warranty service from the manufacture, contact ITC for individual manufacture warranty procedures.
Appropriate Use – Selection of product, its installation and use are the sole responsibility of the customer. Interamerican Tech Corp provides no skill or judgment related to the application of the products it sells.
Lightning / Surge damage : ITC warranty does NOT cover direct or indirect lightning damages such as common surge damages. In some cases we can offer repair services on these items either directly or extended from the manufacturer. ITC will be more than happy to provide suggestions and recommendations on how to protect your equipment from surge damage caused. ITC offers a variety of different kinds of surge protection devices to prevent these kind of damages to your equipment. Please consult a sales representative if you have any question on what you should use for your application for best possible protection.
IN NO EVENT SHALL ITC BE LIABLE FOR ANY CONSEQUENTAL, INCIDENTAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES OR DAMAGES OF ANY KIND OR NATURE ALLEDGED TO HAVE RESULTED FROM ANY BREACH OF WARRANTY. ITC DOES NOT WARRANT THE MERCHANTABILITY OF THE PRODUCTS OR THEIR FITNESS FOR ANY PARTICULAR PURPOSE. ITC SHALL HAVE NO DUTY TO DEFEND, INDEMNIFY, AND HOLD HARMLESS CUSTOMER FROM AND AGAINST ANY OR ALL DAMAGES OR COSTS INCURRED BY CUSTOMER ARISING FROM THE INFRINGEMENT OR VIOLATION OF ANY PATENTS, TRADEMARKS, COPYRIGHTS OR OTHER PROPRIETARY RIGHTS BY ANY PRODUCTS. ITC MAKES NO WARRANTY, EXPRESS OR IMPLIED. NOTWITHSTANDING ANY OTHER TERMS OR CONDITIONS TO THE CONTRARY, ITC'S LIABILITY UNDER THIS SECTION SHALL NOT EXCEED THE PURCHASE PRICE OF THE PRODUCT GIVING RISE TO THE ALLEGED LIABILITY.
g. Events of Default
Customer shall be in default under this agreement upon the happening of any of the following events or conditions: a) default by Customer on payment of any installment, invoice, bill or any other indebtedness or obligation now or hereafter owed by Customer to ITC, b) default in the performance of any obligation, covenant or liability contained in this agreement or any other agreement or document between Customer to ITC, c) any inaccuracy with respect to any warranty, representation or statement made or furnished by Customer, d) dissolution, termination of existence, insolvency, business failure, or discontinuance of Customer's business or the appointment of a receiver for any part of the property of, or assignment for the benefit of creditors by, Customer or the commencement of any proceedings under any bankruptcy reorganization or arrangement laws by or against Customer or the attachment, levy, seizure or garnishment of any of Customer's property, rights, assets (contingent or otherwise) including the Products, or e) any change in control of the ownership or management of Customer, unless prior to the occurrence of such change of control ITC shall have been notified in writing and Customer shall have obtained ITC's prior written approval to such change in control.
h. Remedies of ITC
In General. Upon the occurrence of any event of default or any time thereafter, ITC may, at its option and without notice to Customer, exercise one or more of the following remedies as ITC, in its sole discretion, shall elect: a) declare immediately due and payable all outstanding invoices under this or any other contract and demand or, without demand, sue for amounts then due or thereafter accruing under this invoice or under any other invoice, bill or other document evidencing Customer's indebtedness to ITC, b) suspend deliveries as to any or all Products, c) take possession of the Products wherever found and for this purpose enter upon any premises of Customer and remove the Products, without court order or other process of law, without any liability for damages, suit, action or other proceeding by Customer as a result of such entry and/or removal, d) cause Customer, at its expense, to promptly return the Products to ITC in good, like-new condition, e) sell the Products, or any part thereof at public or private sale (for cash or credit) at such time or times as ITC shall determine, free and clear of any rights of Customer, and if notice thereof is required by law, any notice in writing of any such sale by ITC to Customer not less than ten (10) days prior to the date thereof shall constitute reasonable notice thereof to Customer, and f) exercise any and all rights accruing to ITC under any applicable contract or law upon a default by Customer, including all rights and remedies accorded to ITC's or secured parties under the Uniform Commercial Code.
Mitigation of Damages. Should ITC repossess any of the Products because of Customer's default, ITC may make a commercially reasonable effort to sell such Products at a reasonable price to a third party, provided, however, that ITC shall have no obligation to actively seek out and solicit potential third party Customers for said Products.
Collection Costs. In the event of any default on the part of Customer hereunder, Customer shall pay any and all collection costs, including reasonable attorneys' fees and costs, incurred by ITC.
Rights and Remedies Not Exclusive. No right or remedy conferred upon or reserved to ITC by this agreement shall be exclusive of any other right or remedy provided herein or by law. All rights or remedies conferred upon ITC by this agreement and by law shall be cumulative and in addition to any other right or remedy available to ITC.
i. Time of the Essence
Time is of the essence with respect to each of the provisions of this agreement.
j. Money-back Guarantees:
ITC does not offer a money-back guarantee on any product
4. Intellectual Property
The Sites contain text, software, logos, slogans, photos, video, graphics, music and sound, and other content (collectively "ITC Materials") that are protected by copyright, trademark, trade dress, patent, trade secret and/or other intellectual or proprietary rights. The ITC Materials and all rights therein are the exclusive property of ITC or our licensors. Without limiting the generality of the foregoing, ITC owns copyright in the selection, coordination, arrangement and enhancement of the ITC Materials, as well as in some or all of the content original to it. You may not screen scrape, copy, modify, decompile, reverse engineer, publish, distribute, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the ITC Materials in whole or in part without the express written permission of ITC and our licensors or as otherwise expressly permitted by applicable law. You acknowledge that you do not acquire any ownership rights in the ITC Materials by use of the Sites.
ITC's and our subsidiaries' and affiliates' trademarks, trade names, service marks and other ITC logos and brand features (collectively, "ITC Marks") are the exclusive property of ITC or our subsidiaries or affiliates. Without ITC's prior written permission, you may not display or use the ITC Marks in any manner. All other trademarks on the Sites are the property of their respective owners (for example, our third-party product manufacturers).
ITC does not claim ownership of any User Content you post, submit or upload to the Sites. By submitting, posting or uploading User Content to the Sites, you automatically and hereby grant to ITC, our affiliates and subsidiaries a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable right and license to use, publish, perform, display, exhibit, reproduce, modify, adapt, edit, translate, create derivative works from, incorporate into other works, distribute, sublicense and otherwise exploit such User Content (in whole or in part) in any form, media or technology now known or hereafter developed without any obligation of compensation to you. You also permit any other user to access, view, store or reproduce the User Content for that user's personal use. ITC reserves all rights not expressly set forth in these Terms.
If you are a trademark or copyright owner and you believe that your trademark or copyright rights have been violated, please go to our Intellectual Property Rights Complaint Process and follow the instructions at that area.
5. Third Party Materials
We may make third party content, advertising or services available on the Sites as a convenience to our users (for example, links to third party websites) ("Third Party Materials"). Our users may also include Third Party Materials in the User Content that they post to the Sites. We do not control or endorse any Third Party Materials nor are we responsible for reviewing the accuracy of any Third Party Materials. Your business dealings or correspondence with third parties, and any terms, conditions, warranties or representations applicable to any Third Party Materials, are solely between you and the applicable third party. When you leave our Sites, you should be aware that these Terms and other ITC policies do not govern your use of other websites and services.
We may also interact with you on third party sites where we post content or invite your feedback, such as on Facebook, YouTube, Pinterest or Twitter ("Social Media Sites"). While we encourage you to interact with us on Social Media Sites in a manner consistent with these Terms (including our Terms regarding the posting of User Content), we do not control these Social Media Sites, and these Terms do not apply to companies that ITC does not own or control, or to the actions of people that we do not employ or manage. You should always check the terms of use posted on any Social Media Sites.
6. Links
In order to establish a hyperlink to the Sites, you must contact ITC at sales@itamtech.com to obtain ITC's approval of the link. You may only use the text and images provided or approved by ITC, in the manner and location specified by ITC, and you must abide by the terms and conditions provided by ITC at that time.
7. Disclaimer of Warranty; Limitation of Liability
YOUR USE OF THE SITES IS AT YOUR SOLE RISK. THE SITES ARE PROVIDED ON AN "AS IS" AND "AVAILABLE" BASIS. ITC, OUR SUBSIDIARIES AND AFFILIATES, AND EACH OF OUR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, PARTNERS, CONTENT PROVIDERS AND LICENSORS EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (i) THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE; (ii) NON-INFRINGEMENT; (iii) THAT THE SITES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; AND (iv) WITH RESPECT TO THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITES (INCLUDING THIRD PARTY MATERIALS).
NEITHER ITC, OUR SUBSIDIARIES AND AFFILIATES, EACH OF OUR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, PARTNERS, CONTENT PROVIDERS OR LICENSORS ARE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF USERS OF THE SITES OR THIRD-PARTIES AND YOU AGREE THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL YOU BE ENTITLED TO RECOVER MORE THAN $100 FOR ANY CLAIM ARISING OUT OF OR CONNECTED WITH THESE TERMS OR YOUR ACCESS TO OR USE OF THE SITES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT ITC, OUR SUBSIDIARIES AND AFFILIATES, AND EACH OF OUR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, PARTNERS, CONTENT PROVIDERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES), EVEN IF ITC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITES; OR (v) ANY OTHER MATTER RELATING TO THE SITES. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE DIRECTLY AND PROXIMATELY CAUSED BY PRODUCTS YOU PURCHASE FROM US, OR FOR OUR FRAUD, GROSS NEGLIGENCE OR INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT.
8. Indemnification
You agree to indemnify and hold ITC, our subsidiaries and affiliates, and each of our respective directors, officers, employees, agents, contractors, partners, content providers and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of: (a) User Content you, or any of your authorized users, submit, post, transmit, modify or otherwise make available through the Sites; (b) any use or misuse of the Sites by you or any of your authorized users; (c) violation of these Terms by you or any of your authorized users; or (d) violation of any rights of another by you or any of your authorized users.
9. Termination
ITC reserves the right in our discretion to review, improve, change or discontinue, temporarily or permanently, the Sites, features, information, materials or content on the Sites with or without providing notice to you. ITC will not be liable to you or any third party for any changes or discontinuance of the Sites or any part of the Sites.
ITC may terminate, limit or suspend your access to the Sites for any reason or for no reason at all, with or without notice, at ITC's discretion. You may cancel your account at any time by contacting us at sales@itamtech.com.
10. Privacy
For information about how ITC collects, uses, and shares information about users of the Sites, please refer to ITC's Privacy Policy.
11. International Users
The Sites are administered by ITC from our office in Miami, Florida United States. Any materials published on the Sites may refer to products, programs, or services that are not available in your country.
Furthermore, ITC makes no representation that the Sites are appropriate or available for use at other locations outside of the United States. Access to the Sites from territories where the Sites' content is illegal is prohibited. You may not use the Sites or export information and materials in violation of the export laws of the United States or any other country. If you access the Sites from a location outside of the United States, you are responsible for compliance with all applicable laws.
By accessing or using the Sites, you consent to the processing, transfer and storage of information about you in and to the United States and other countries, where you may not have the same rights and protections as you do under local law.
12. Consent to Electronic Communications
By using the Sites, you agree that we may communicate with you electronically regarding your use of the Sites and that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that the communications be in writing. To withdraw your consent from receiving electronic notice, please notify us at sales@itamtech.com.
13. Governing Law; Venue; Arbitration
Your use of the Sites is subject to all applicable local, state, national and international laws and regulations. These Terms will be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. Any dispute between the parties that is not subject to arbitration shall be resolved in the state or federal courts located in Miami, Florida.
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH ITC AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM ITC.
In the event of any controversy or claim arising out of or relating in any way to these Terms, you and ITC agree to consult and negotiate with each other and, recognizing your mutual interests, try to reach a solution satisfactory to both parties. If we do not reach settlement within a period of sixty (60) days, then either of us may, by notice to the other demand mediation under the mediation rules of the American Arbitration Association in Miami, Florida. We both give up our right to litigate our disputes and may not proceed to arbitration without first trying mediation, but you and ITC are NOT required to arbitrate any dispute in which either party seeks equitable and other relief from the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. Except as otherwise required under applicable law, you and ITC intend and agree: (1) not to assert class action or representative action procedures and agree that they will not apply in any arbitration involving the other; (2) not to assert class action or representative action claims against the other in arbitration or otherwise; and (3) only to submit individual claims in arbitration and not seek to represent the interests of any other person or entity.
If settlement is not reached within sixty (60) days after service of a written demand for mediation, any unresolved controversy or claim will be resolved by arbitration in accordance with the rules of the American Arbitration Association before a single arbitrator in Miami, Florida. The language of all proceedings and filings will be English. The arbitrator will render a written opinion including findings of fact and law and the award and/or determination of the arbitrator will be binding on the parties, and their respective administrators and assigns, and will not be subject to appeal. Judgment may be entered upon the award of the arbitrator in any court of competent jurisdiction. The expenses of the arbitration will be shared equally by the parties unless the arbitration determines that the expenses will be otherwise assessed, and the prevailing party may be awarded its attorneys' fees and expenses by the arbitrator. It is the intent of the parties that, barring extraordinary circumstances, arbitration proceedings will be concluded within ninety (90) days from the date the arbitrator is appointed. The arbitrator may extend this time limit only if failure to do so would unduly prejudice the rights of the parties. Failure to adhere to this time limit will not constitute a basis for challenging the award. Consistent with the expedited nature of arbitration, pre-hearing information exchange will be limited to the reasonable production of relevant, non-privileged documents, carried out expeditiously.
14. Miscellaneous
a. Entire Agreement
These Terms constitute the entire agreement between you and ITC regarding your use of the Sites, superseding any prior version of these Terms between you and ITC with respect to the Sites. You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms. The section titles in these Terms are for convenience only and have no legal or contractual effect.
b. Separate Agreements
You may have other agreements with ITC or our affiliates or subsidiaries. Those agreements are separate and in addition to these Terms. These Terms do not modify, revise or amend the terms of any other agreements you may have with ITC.
c. No Professional Advice
The information available on the Sites is intended to be a general information resource regarding the matters covered, and is not tailored to your specific circumstance. You should not construe this as legal, accounting or other professional advice. Use of the information on the Sites is at your own risk.
d. Statute of Limitations
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 the Sites or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
e. Waiver and Severability of Terms
The failure of ITC to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction 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.
f. Notice for California Users
If you are a California resident, you may have these Terms mailed to you electronically by sending an email to sales@itamtech.com with your electronic mail address and a request for these Terms. 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 S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.
g. Assignment
These Terms are binding upon and inure to the benefit of the parties and their permitted successors and assigns. Notwithstanding the foregoing, you may not assign your rights under these Terms without ITC's prior written consent. ITC is permitted to assign our rights under these Terms in our sole discretion.
Purchaser shall inspect all Products immediately following arrival thereof at the destination, and shall give written notice to Seller within five(5) days of any claim that the Products are nonconforming, provided that a reasonable inspection should have revealed such non-conformity. If Purchaser shall fail to give such notice within five days, Purchaser is deemed to have accepted the Products.
Customers must inspect their shipments upon delivery prior to signing the release. When the shipment arrives the driver will ask you to sign for the delivery. This is a legal document stating that the package is being delivered in good condition without damage and that the customer is waiving any additional claim from the shipper. Before signing, inspect the package(s) closely on all six sides. Note any box damage including scuffs, dents, tears, punctures or creases on the delivery receipt. If there is anything unusual with the package, the customer has the right to open it to inspect the contents. If the driver is unwilling to wait while you inspect all of the items, you may mark on the delivery receipt "Concealed Damage Possible". Title and risk of loss shall pass to Customer upon delivery by freight carrier.
15. Customer Specific Disclosures
a. Contract Customers
If you are a contract customer and would like to opt-out of receiving promotional postal mail and/or email from us, please notify your Account Manager. You may still receive promotional postal mail or email from other affiliated companies and Third Parties if they have received your email or postal address from other sources or as a result of their own transactions or experiences with you. You will also continue to receive promotional postal mail or email if you request to hear from us again.
b. Nevada Residents
Under Nevada SB 220, Nevada residents may submit an opt-out request regarding the sale of their Personally Identifiable Information (PII) collected through a website or online service. Where applicable, you may submit your request to Opt-Out of the sale of Personal Information to Third Parties by submitting an online request at: Do Not Sell My Personal Information.
c. California Residents
California Shine the Light Law : Under California Civil Code sections 1798.83–1798.84 California residents may request the names and addresses of affiliated companies and categories of Personal Information we share for their direct marketing purposes. If you are a California resident and would like to make such a request, please Contact Us.