InterMetro Communications, Inc.
2. The Site
3. Password and Security
Upon registration for Your account, You will choose a user identification name (i.e., Your email address) and a password. You are solely responsible for maintaining the confidentiality of Your password and user ID. Furthermore, You understand and agree that the account is Yours, individually, and that You are solely responsible for any and all activities that occur under Your account, includingbut not limited to, ensuring that You completely exit from Your session at the Site. Additionally, You agree to immediately notify InterMetro of any unauthorized use of Your password, account or any other breach of security.
4. Your Conduct
You agree not to:
a. upload, transmit, post, email or otherwise make available to the Site, any content or other material in any format that: (x) is false, inaccurate, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, invasive of another’s privacy, libelous and/or otherwise objectionable; (y) infringes any third party’s intellectual property; or (z) contains viruses, worms, Trojan horses, corrupted files, or any other similar software or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or voice services equipment;
b. alter, remove, or falsify any attributions or other proprietary designations of origin or source of any other content appearing on the Site or contained in a file that is uploaded to the Site;
c. impersonate any person or entity, including, but not limited to, a InterMetro official or falsely state or otherwise misrepresent Your affiliation with a person or entity;
d. attempt, through any means, to gain unauthorized access to the Site, or another user’s account on the Site;
e. use any robot, spider, other automatic device, or manual process to monitor or copy web pages or the content contained herein without our prior expressed written permission. Additionally, You agree that You will not take any action that imposes an unreasonable or disproportionately large load on InterMetro’s infrastructure; or
f. use the Site for illegal purposes or for the transmission of material that is unlawful, harassing, libelous, invasive of another’s privacy, abusive, threatening, harmful, vulgar, obscene, tortious or otherwise objectionable; posting or transmitting third-party copyrighted information or in any way infringing on the intellectual property rights of others; impersonating someone else; using the Site for the transmission of junk mail, spam, chain letters, or unsolicited mass distribution of email; or posting improper messages.
The use of any device, software or routine that interferes or attempts to interfere with the proper working of the Site is expressly prohibited. You may not disclose or share Your password with any third parties or use Your password for any unauthorized purpose. In any case, You remain solely responsible for any authorized or unauthorized use of Your password.
InterMetro reserves the right to monitor or remove any information transmitted or received through the Site, or to terminate Your access to and use of the Site, at any time, without notice, in its sole discretion. The following actions, among others, may result in removal of messages and/or termination of Your access to the Site: Using the Site for illegal purposes or for the transmission of material that is unlawful, harassing, libelous, invasive of another’s privacy, abusive, threatening, harmful, vulgar, obscene, tortious or otherwise objectionable; posting or transmitting third-party copyrighted information or in any way infringing on the intellectual property rights of others; impersonating someone else; using the Site for the transmission of junk mail, spam, chain letters, or unsolicited mass distribution of email; or posting improper or off-topic messages. Your use of the Site is subject to all applicable local, state, national and international laws and regulations, including but not limited to the United States export control laws and regulations. You agree not to transmit any material that could constitute, or encourage conduct that could constitute, a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law or regulation.
5. Proprietary Rights Restrictions
All material on the Site, including without limitation all informational text, photographs, graphics, audio, video, messages, files, documents, images or other materials (collectively, the “Materials”), whether publicly posted or privately transmitted, as well as all derivative works, are owned by InterMetro or other parties that have licensed their material to InterMetro and is protected by copyright, trademark and other intellectual property laws. InterMetro disclaims any proprietary interest in trademarks, service marks, logos, slogans, domain names and trade names other than its own. Trademarks, logos, images and service marks displayed on the Site are the property of either other third parties or InterMetro. You agree not to display or use such marks without InterMetro’s prior written permission.
The Materials on the Site may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means. Any modification of the Materials, use of the Materials on any web site or networked computer environment, or use of the Materials for any purpose other than personal, non-commercial use is a violation of the copyright, trademark, and other proprietary rights in the Materials and is expressly prohibited.
6. Links to Other Web Sites
The Site contains links to third party sites. The linked sites are not under InterMetro‘s controland InterMetro does not endorse, adopt or undertake any responsibility for the content or privacy practices of any linked site.
7. Disclaimer of Warranties
(ii) INTERMETRO MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES INTERMETRO MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE. INTERMETRO MAKES NO WARRANTY OR REPRESENTATION REGARDING THE ACCURACY AND COMPLETENESS OF INFORMATION PROVIDED ON OR THROUGH THE SITE, WHETHER OR NOT SUCH INFORMATION HAS BEEN POSTED BY A THIRD PARTY OR INCORPORATED INTO THE SITE BY INTERMETRO.
(iii) YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
(iv) YOU UNDERSTAND AND AGREE THAT INTERMETRO DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION PROVIDED AT OR IN CONNECTION WITH THE SITE. INTERMETRO IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. INTERMETRO DOES NOT WARRANT THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. NO SPECIFIC RESULT FROM THE USE OF THE SITE OR THE SERVICES IS ASSURED OR GUARANTEED. INTERMETRO WILL NOT BE RESPONSIBLE FOR SITE OR SERVICE FAILURES FOR ANY REASON, WHETHER OR NOT WITHIN THE CONTROL OF INTERMETRO.
(v) INTERMETRO SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED AT THE SITE. YOUR USE OF THE SITE IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM INTERMETRO OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
(vi) INTERMETRO MAKES NO WARRANTY REGARDING ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE.
8. Limitation of Liability
InterMetro shall not be liable for nonperformance or delay in performance for any reason, whether within or outside of its control. You expressly agree that use of the Site is at Your sole risk. Neither InterMetro, nor its affiliates, nor any of their officers, directors, employees, agents, third-party content providers, merchants, sponsors, licensors, or the like, 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 this Site, or as to the accuracy, reliability, or currency of any information, content, service, or merchandise provided through the Site. Under no circumstances shall InterMetro or any other party involved in creating, producing, or distributing this Site be liable for any direct, indirect, incidental, special, exemplary, punitive or consequential damages that result from the use of or inability to use this Site, including but not limited to reliance by You on any information obtained from this Site, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to InterMetro’s records, programs, or services. You hereby acknowledge that this paragraph shall apply to all content, merchandise, and services available through this Site. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.
You agree to indemnify, hold harmless and release InterMetro, its parent, subsidiaries, affiliates, directors, officers, agents, licensees, co-branders or other partners, and employees, from and against any and all claims, damages, costs and expenses, including attorney’s fees, arising from or related to Your use of the Site and/or any content contained therein and/or any transaction You enter into with a third party based on information or contacts obtained from the Site.
10. Prohibited Uses of Site
InterMetro reserves the right to block Your access to the Site at any time without notice for the following:
(i) Unlawful Purposes. Transmission, distribution or storage of material, or conduct in violation of any applicable local, state, federal or international law or regulation is prohibited. This includes, without limitation, any unauthorized use of material protected by patent, copyright, trademark, servicemark or other intellectual property right or material prohibited by criminal or civil law.
(ii) Unauthorized Trademark and Servicemark Use. You are also prohibited from incorporating InterMetro trademarks and servicemarks without express prior written permission of the trademark or servicemark owner, respectively.
(iii) Site Functionality. Any action to defeat or disable, or conduct that facilitates defeating or disabling any functionality of, the InterMetro Site or alters the look, feel or functionality of the InterMetro Site is prohibited.
(iv) System and Network Security. Any violations of the InterMetro system or network security are strictly prohibited. Security violations include, without limitation: (a) attempts to compromise the security of the Website; (b) use or distribution of tools designed to compromise security (including without limitation cracking tools, banner blockers, network probing tools, and password or credit card probes and decryption devices, and other guessing programs) of any computer system or network; (c) transferring excessive amounts of data through the InterMetro network; and (d) reselling any aspect of the Site.
12. Changes to the Site
13. Failure to Abide by these Terms
14. Reasonable Efforts
15. Governing Law; Consent to Jurisdiction
You agree that the statute of limitations for any claim against InterMetro shall be one (1) year from when the claim first arose, and any claim(s) not brought within such one (1) year period of time shall be deemed waived.
InterMetro Communications, Inc.
2685 Park Center Drive
Simi Valley, CA 93065
(805) 582-1006 / FAX