2. Industry and Other Technical Information
While IMRE uses commercially reasonable efforts to provide accurate information, the industry of which IMRE is a part and the laws and regulations applicable to that industry change frequently. Therefore information contained on the Site may not be current or accurate. Because many factors go into the decision-making process of embarking on a new strategy, marketing campaign or engaging related services, and everyone’s particular circumstances and needs may differ, the Licensed Content is provided for informational purposes only. IMRE cannot ensure or guarantee and does not warrant that any information or material located on the Site will be accurate, meet Your (or Your customer’s) particular needs or requirements or that the recommendations, regulations or other information provided by IMRE experts or other Site users is complete, accurate or current. Each claim or statement made by IMRE about the effectiveness of its services and/or comparing the effectiveness of IMRE services to that of others and all use of the Site is expressly limited to the United States unless otherwise stated on the Site.
3. User Conduct
In general, IMRE expects visitors to interact with IMRE and other users of the Site in a courteous manner and in compliance with all laws. However, certain more interactive portions of the Site, such as blogs require special mention. The IMRE blog sites enable You to comment on and share creative ideas (collectively Your “Communications”). You must be the sole author and owner of Your Communications. If Your Communications include material authored by another, it must be insubstantial in relation to the author’s work as a whole. Regardless, You must give proper attribution to the author and use quotation marks around the author’s material. If possible, include a link directly to the author’s primary material. Your Communications may not include paragraphs of an author’s work unless You have first obtained the author’s written consent to your use thereof. If uncertain about your authorization to include works of others in Your Communications, err on the side of caution and first obtain consent. The foregoing is not intended to provide and should not be considered legal advice to You with respect to Your inclusion of works of others in Your Communications. You are solely responsible for understanding and complying with United States and international copyright laws and IMRE has no obligation to review or investigate the origin, application or use of material contained within Your Communications.
Vandalism, obscene or abusive language, harassment, threats, or abuse of any nature or form on the Site, including via e-mail, post, comment or other means is strictly prohibited. Impersonation of others or misrepresenting Your affiliation with IMRE or another is prohibited. You may not upload to, distribute or otherwise publish through the Site any material that You know is false, misleading, defamatory, vulgar, obscene, threatening, libelous, invasive of another’s privacy or publicity rights, hateful, racially or ethnically objectionable, contains viruses or malicious code, infringes upon another’s proprietary rights, or which may constitute or encourage a criminal offense, violate any law or another’s rights or otherwise give rise to liability.
You agree not to forge headers or otherwise manipulate identifiers in order to disguise the origin of anything transmitted through the Site, disclose proprietary or confidential information or otherwise infringe another’s patent, trademark, trade secret, copyright or other proprietary right (“Rights”). You may not upload chain letters, pyramid schemes, solicitations, or commercial material of any sort to the Site, use the Site to solicit others, advertise or promote anything. Framing, in line linking or other means of associating the Site, Marks (as hereinafter defined) or Licensed Content with another or with any material, link or information not originating with IMRE is expressly prohibited.
Any attempt to interfere with or disrupt the Site, its servers, networks, Software, equipment or database connected to the Site, whether via malicious code, files or other means, or attempts to disassemble, reverse engineer or decompile any Software, circumvent security features such as passwords, or take any action that compromises the privacy or security of the Site, users or other visitors is strictly prohibited.
You are solely responsible for Your Communications and Your activities on the Site. Although IMRE will not, and has no obligation to, monitor Your Communications, it has the right not to post or publish Licensed Content and/or Your Communications and to delete, remove or edit any Licensed Content and or Communications at any time in its sole discretion without notice or liability of any notice or sort. Under no circumstances is or will IMRE or its affiliates be liable in any way for any Communications, Your or another’s use of the Site or any Licensed Content, including but not limited to any errors or omissions in any Licensed Content, or for loss or damage of any kind incurred as a result of the use of any Licensed Content via the Site. Product performance, capability or other claims made through the public forums provided on the Site have not undergone review, testing, or research by IMRE to substantiate such claims. IMRE cautions You not to use products for any purpose or in any manner other than as expressly set forth in the manufacturer’s warranty and product user manual.
The Site may contain links to other internet websites or resources. When You link to those sites, You leave the Site. IMRE has no control over such sites, their content and resources or the business practices or policies of operators of such sites. Please use caution and review the privacy policies of any sites that You visit to learn more about their information-gathering practices as those policies will apply to You. IMRE expressly disclaims all responsibility or liability for the availability or accuracy of such external sites or resources or the content thereon, does not endorse and is not responsible or liable for any advertising, products or other materials on or available from such sites or resources. The inclusion of any link on the Site does not imply that IMRE endorses the linked site. Your use of any links is at Your own risk. You further acknowledge and agree that IMRE shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with Your use of or reliance on any goods, services or materials available on or through any such link, site or resource.
8. IMRE’s Proprietary Rights
9. Notices and Procedures for Making Claims of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to IMRE at the address provided below.
IMRE respects the intellectual property of others, and asks its users and visitors to do the same. IMRE will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, IMRE will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.
If You believe that Your work has been copied in any way that constitutes copyright infringement, please provide all of the following information:
(a) a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
(b) a description of the copyrighted work that You claim has been infringed;
(c) a description of where the material that You claim is infringing is located on the Site;
(d) Your address, telephone number, and email address and all other information reasonably sufficient to permit IMRE to contact You;
(e) a statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(f) a statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of claimed copyright infringement should be directed to:
909 Ridgebrook Road, Suite 300
Attn: IMRE Webmaster
(Please include “Notice of Infringement” in the subject line.)
IMPORTANT NOTE: THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING IMRE THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS PRODUCT-RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
10. DISCLAIMERS AND LIMITATIONS OF LIABILITY
IMRE disclaims all representations or warranties about the accuracy or completeness of the Site or Licensed Content. IMRE does not target or market to and the Site is not intended for use by, children under age 13. IMRE will not intentionally contact or request personal information from children under the age of 13 for any purpose except as may be reasonably necessary to obtain parental consent. IMRE will not contact children under age 13 about promotions, for marketing or any other purpose without a parent’s permission, nor will it ask for more personal information than is reasonably necessary to participate in a given activity. Upon receipt of parental consent, children under the age of 13 may access family accounts. However, the Site does not filter ads or other material children may view through the Site or linked sites, some of which may be inappropriate for children.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SITE AND ANY PARTICULAR FEATURE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. IMRE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, FREEDOM FROM MALICIOUS CODE, NON-INFRINGEMENT AND NONINTERFERENCE WITH YOUR USE OF ALL OR ANY PART OF THE SITE.
(b) IMRE MAKES NO WARRANTY (i) THAT THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR TIMELY, THAT IT IS SECURE, OR THAT LICENSED CONTENT IS ACCURATE OR ERROR-FREE, (iii) THAT THE RESULTS OBTAINED FROM USE OF THE SITE WILL BE ACCURATE OR RELIABLE, OR (iv) THAT THE QUALITY OF THE SITE, ANY INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR (OR YOUR CUSTOMER’S) EXPECTATIONS.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING DAMAGE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IMRE SHALL NOT BE LIABLE FOR ANY DAMAGES WHETHER 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 IMRE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER ARISING OUT OF OR IN CONNECTION WITH THE USE OR THE INABILITY TO USE, ACCURACY OF THE INFORMATION AND MATERIALS SHOWN OR AVAILABLE FROM THE SITE OR ANY OTHER MATTER RELATING TO YOUR ACCESS TO OR USE OF THE SITE. IN ANY CASE, IMRE’S SOLE LIABILITY, AND THAT OF ITS LICENSORS, SUPPLIERS, CUSTOMERS AND BUSINESS PARTNERS, IS LIMITED TO FIVE DOLLARS ($5.00). YOUR LEGAL RIGHTS WITH RESPECT TO THESE DISCLAIMERS AND WAIVERS MAY VARY FROM JURISDICTION TO JURISDICTION. WITHOUT INTENDING TO LIMIT THE FOREGOING, YOU MUST BRING ANY CLAIMS YOU MAY HAVE AGAINST IMRE WITHIN SIX (6) MONTHS OF THE DATE THE CLAIM AROSE OR BE FOREVER BARRED. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
11. Notice/Opt Out Options
909 Ridgebrook Road, Suite 300
Attn: IMRE Webmaster
Should You wish to update Your information or no longer receive communications from IMRE, please contact webmaster@IMRE.com.
12. Specific Trademark Information
IMREIMREIQ, IMREBuildIQ, IMREFinancialIQ, IMREHealthIQ, IMREHomeIQ, IMRESportsIQ, IMRE IQ, IMRE Build IQ, IMRE Financial IQ, IMRE Health IQ, IMRE Home IQ, and IMRE Sports IQ, and any logos or designs associated therewith, individually and/or as may be combined with one another, are proprietary trademarks of IMRE LLC and its subsidiaries and affiliates. The names and trademarks of IMRE and those of its customers and business partners located on the Site are owned by and proprietary to IMRE and such other entities and may not be used in any manner without consent.
13. General Information