TERMS OF USE
These Terms of Use are made as of this day, by and between Internet Trade Commission., a Florida corporation ("Internet Trade Commission"), and you (the “Account Holder”). If the Account Holder is also the party contracting for payment for the services, it shall be refereed to as the Paying Account Holder.
BY USING ANY WEBSITES OR ELECTRONIC SERVICES OFFERED BY Internet Trade Commission (THE "SERVICE;"), OR BY ELECTRONICALLY CLICKING AN "I ACCEPT" BUTTON OR CHECKBOX IN THE REGISTRATION PAGES OF THE SERVICES, YOU ARE HEREBY AGREEING TO THESE TERMS OF SERVICE (THE "TERMS") AND ANY TERMS INCORPORATED HEREIN BY SPECIFIC REFERENCE.
APPLICABILITY OF THESE TERMS OF USE; AMENDMENT TO THESE TERMS OF USE
These Terms of Use sets forth the terms and conditions that apply to your access and use of www.InternetTradeCommission.com
Internet Trade Commission may amend or revise these Terms of Use at any time. By using this site, you agree to be bound by the Terms of Use as in effect from time to time. Please review the Terms of Use regularly. Your continued access and use of www. The Internet Trade Commission following the posting of any such changes shall be deemed your acceptance of the same.
ENTIRE AGREEMENT
You acknowledge that these Terms constitute the entire agreement between you and Internet Trade Commission pertaining to your use of the Services. You agree that these terms supersede any prior agreements or statements made verbally or in writing concerning your use of the Services.
TERM AND TERMINATION
You agree that this agreement remain in effect for as long after that as you subscribe to, renew, or use the Services. You agree that this agreement can only be terminated by you once you have stopped using the Services and have paid all monies owed to the Internet Trade Commission. You agree that your termination request must be delivered via email to Cancel@internettradecommission.com . You agree that The Internet Trade Commission can terminate this agreement at any time for any reason, with or without cause and that such termination will result in the termination of your account. Re-subscription shall again be subject to these or modified Terms in effect at the time of re-subscription. If requested to remove our Seal of Excellence in which you will have 72 hours to do so. If the seal isn’t removed you will be in violation of our Trademark and be governed to the laws protecting trademarks through United States Patent and Trademark office.
GOVERNING LAW; JURISDICTION AND VENUE
These Terms of Use are to be governed and construed in accordance with the laws of the State of Florida, without regard for principles of conflicts of laws. Any civil action, claim, dispute or proceeding arising out of or relating to these Terms of Use, except for an injunctive action regarding a breach or threatened breach of any provision of these Terms of Use by you, shall be referred to final and binding arbitration, before a single arbitrator, under the commercial arbitration rules. The arbitrator shall be selected by you and The Internet Trade Commission, and if you and The Internet Trade Commission are unable to reach agreement on selection of the arbitrator within thirty (30) days after the notice of arbitration is served, then the arbitrator shall be selected by The Internet Trade Commission. Judgment upon any award rendered by the arbitrator shall be final, binding and conclusive upon you and The Internet Trade Commission and your and The Internet Trade Commission respective administrators, executors, legal representatives, successors and assigns, and may be entered in any court of competent jurisdiction. Notwithstanding the previous sentence, in no event shall either you or The Internet Trade Commission be entitled to punitive damages and both you and The Internet Trade Commission hereby waive your and The Internet Trade Commission respective rights to any punitive, special, indirect or consequential damages, including, but not limited to, damages for any loss of profit, revenue or business.
OWNERSHIP, INTELLECTUAL PROPERTY AND LINKS
TRADEMARKS: The Service is owned and operated by The Internet Trade Commission. The trademarks, logos, service marks (the "Marks") displayed on the Website are owned by The Internet Trade Commission. Your use of the Website or the Service confers no rights to the Marks and you may not use, reproduce or display a Mark without its The Internet Trade Commission prior written consent.
Right to Display The Internet Trade Commission Certification Seals
You agree to place the HTML source code only on sites provided by The Internet Trade Commission for the display of The Internet Trade Commission Certification seals. You agree to only place this HTML code on sites that are approved by The Internet Trade Commission. The Internet Trade Commission Certification seals shall at all times be served only from The Internet Trade Commission and remain under the full control of The Internet Trade Commission. The Internet Trade Commission shall have the right to discontinue the serving of The Internet Trade Commission Certification seals should any Web site, or other device being that is used in connection with the Web site or its services fail to meet The Internet Trade Commission certification guidelines. Removal of The Internet Trade Commission Certification seals for reasons stated in the previous sentence does not relieve any financial obligation you have to The Internet Trade Commission nor does it constitute any responsibility for The Internet Trade Commission to provide refunds during the time that the seals are not displayed. Should you discontinue services with The Internet Trade Commission you agree to immediately remove all HTML source code supplied by The Internet Trade Commission from your servers. You are prohibited from using The Internet Trade Commission Certification seals for or on behalf of any other organization or in connection with any domain name and/or organization name other than those approved by The Internet Trade Commission, and enrolled and established under your User Account. The Internet Trade Commission Certification Seals shall reside on The Internet Trade Commission server. You will not alter The Internet Trade Commission seals in any form, change the data contained within the image, change the file name of the image, or artificially change the size or shape of the image(s). The right to display the Certification Seals is a non-exclusive, limited license which may be revoked at any time at the sole discretion of The Internet Trade Commission.
COPYRIGHTS
The Website and all its contents ("Content") are copyrighted, and such copyrights are owned by The Internet Trade Commission or the author of such content. You are granted a non-exclusive, limited license to view, print, and/or distribute Content in hard copy from the Website provided that:
(1) You use the Content for your personal or internal business use and not for any purpose contrary to The Internet Trade Commission commercial interests;
(2) You do not copy, use or place any Content on any network or other website for any purpose other than as contemplated by this agreement.
(3) You do not modify, alter, or create derivative works of, the Content; and
(4) You include The Internet Trade Commission copyright notice on such Content as follows: Copyright The Internet Trade Commission, Inc., All Rights Reserved.
The license may be revoked at any time at the sole discretion of The Internet Trade Commission and shall automatically be revoked if your User Account, as defined below, is revoked.
RIGHTS AND MARK
Except as expressly provided herein, nothing included in the Website or the Service is intended, nor shall be construed, as conferring any rights under any Mark, copyright, or patent.
LINKS TO THIRD-PARTY SITES
The Website may contain links to third-party sites. You acknowledge and agree that The Internet Trade Commission is not responsible or liable for the content, information, services, or products of such third-party sites. You expressly assume all risk of accessing third-party sites. Links to a third-party site do not constitute endorsement of that site by The Internet Trade Commission.
REGISTRATION AND PAYMENT FOR THE SERVICE
a. ACCOUNTS and ACCOUNT HOLDERS:
These Terms of Use are made as of this day, by and between The Internet Trade Commission and the Account Holder. You agree to provide truthful and accurate account information for purposes of registration to use the Service and creation of a The Internet Trade Commission Member.
b. PASSWORD AND SECURITY
An Account Holder must select the login names for each "Account Holder." The Account Holder is solely responsible for all activity of the Account Holders it has authorized to use its The Internet Trade Commission Account. Confidentiality of the passwords and login names is the sole responsibility of the Account Holder. The Account Holder agrees to immediately notify The Internet Trade Commission if the security of his/her account is compromised. The user name and password shall be referred to as the User Account.
You acknowledge and agree The Internet Trade Commission is not liable for any damages resulting from any other parties use of access of Account Holders’ User Account regardless of whether other parties use or access is with or without the Account Holder's knowledge or consent. Account Holder may end authorization by administrating the user through the Website or by providing notice to support@InternetTradeCommission.com. Such notice will be effective upon confirmation by The Internet Trade Commission, via email, of receipt.
c. PAYMENT
Payment shall be due for The Internet Trade Commission on either a monthly or yearly basis depending on which method the Paying Account Holder has agreed to. You grant The Internet Trade Commission Inc., permission to withdraw the earned funds from your account unless you cancel according to the terms of this agreement. Dishonored payments from your bank for any reason will result in a $30.00 fee. If you wish to cancel this agreement simply send an email to Cancel@InternetTrade Commission.com If you decide to pay for our service monthly, it is to be understood that it is a one year contract. If you decide to cancel before 12 monthly payments are billed you will be billed for any remaining months upon termination. Failure to pay by a Paying Account Holder shall, at the sole discretion of The Internet Trade Commission, result in termination of the User Accounts of all Account Holders using the Service through the non-paying Paying Account Holder. The total cost of your subscription will be (monthly **** or yearly ****) There will also be a flat charge for verifying each testimonial of $24.95 with a renewal of $24.95 per year, The charges for testimonials are due as they are published and then will be re-billed on their 1 year anniversary date of the testimonial.
d. DEFAULT
Account Holder will be in default under these Terms if it (1) is a Paying Account Holder who fails to pay any amount when due, (2) fails to comply with any provision of these Terms, or (3) makes any representation that is or becomes inaccurate or untrue. Upon default, The Internet Trade Commission may (1) terminate all or any part of the Service and the User Account, and/or (2) take any other lawful action The Internet Trade Commission deems appropriate to enforce Account Holder's performance of these Terms and/or obtain damages for Account Holder's breach. In the event of default, Account Holder agrees to pay all costs and reasonable attorney's fees The Internet Trade Commission incurs in enforcing its rights or collecting payment under this Agreement. Nothing in this paragraph is meant to limit The Internet Trade Commission rights under the contract, common law or equity.
e. SALES/USE TAXES
Paying Account Holder will pay all sales or use taxes, if any, as billed by The Internet Trade Commission. Paying Account Holder will also pay all other local, state or federal taxes arising out of its use of Services (excluding any income taxes), and Paying Account Holder will provide The Internet Trade Commission with written proof of payment upon request.
f. BILLING INFORMATION
Account Holder agrees to supply The Internet Trade Commission with any changes to information, such as credit card information, used for billing purposes in a timely manner. Failure to provide this information may result in suspension or termination of the Account Holder's Service account.
g. LIMITATION ON CLAIMS
Account Holder agrees not to make claims for billing errors occurring more than 90 days prior to the date of claim. All bills are considered final after 90 days.
h. CHANGE OF FEES
The Internet Trade Commission may change fees at any time upon notice to Account Holder. For existing Account Holders, the change will take effect on the next renewal cycle.
i. TERMINATION OR SUSPENSION OF ACCOUNT
The Internet Trade Commission may choose to discontinue or suspend an Account at any time, without cause or prior notice. Upon termination, the Paying Account Holder will be responsible for current charges up to and including the day of termination, including outstanding balances and late fees.
ADDITIONAL TERMS
Severability
You agree that if any term or provision of this agreement is deemed to be invalid, unlawful or unenforceable for any reason, all other terms shall remain in force.
Waiver of Rights
You agree that the only way to waive rights under these Terms is explicitly and in writing. Any failure to enforce any right under this agreement will not waive that right.
Confidentiality
You will, by using the services or by contact with The Internet Trade Commission employees come into contact with confidential information. Information including, but not limited to, trade secrets, methods, details about product or service feature, enhancement, or release plans, and business or marketing plans ("Confidential Information") is considered to be proprietary and confidential. You agree to hold Confidential Information in strict confidence and take reasonable measures to keep it secure. You agree to abide by these terms for one year after you stop using the Services.
Force Majeure.
Neither party shall be liable (except for nonpayment) for interruptions, delays, failures to perform, damages, losses or destruction, or malfunction of any equipment, or any consequence thereof caused or occasioned by, or due to fire, flood, water, earthquake, the elements, acts of God, war and threat of imminent war, terrorism, labor disputes or shortages, utility curtailments, power failures, explosions, civil disturbances, governmental actions, shortages of equipment for supplies, unavailability of transportation, acts or omissions of third parties, or any other cause beyond the either parties' reasonable control. The party so delayed or prevented from performing shall exercise good faith efforts to remedy any such cause of delay or cause preventing performance.
Limitations on Liability; Disclaimer
BY USING THIS SITE, YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SITE AND THE INTERNET GENERALLY. THE CONTENT IS PROVIDED "AS IS," WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, AND FREEDOM FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS.
The Internet Trade Commission SHALL IN NO EVENT BE RESPONSIBLE TO, OR LIABLE TO, YOU, OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES FOR ANY LOSS OF PROFIT, REVENUE OR BUSINESS ARISING OUT OF CONTROLSCAN'S SERVICES PROVIDED HERE UNDER.
Warranty and Disclaimer.
The Internet Trade Commission Mark(s) is licensed "AS IS" with no warranty of any kind. The Internet Trade Commission disclaims all express and implied warranties, including the implied warranties of merchantability, fitness for a particular use and non-infringement.
Indemnification by The Internet Trade Commission Account Holder.
Account Holder will defend, indemnify and hold The Internet Trade Commission , and its officers, directors, employees and representatives, harmless from and against any liability, damages, costs and expenses, including without limitation reasonable attorneys' fees, in connection with any third party claims against The Internet Trade Commission, its officers, directors, employees or representatives, arising from or relating to the services, Account Holder's use of The Internet Trade Commission Mark(s) (except for claims that The Internet Trade Commission Mark(s) or use of The Internet Trade Commission Mark(s) infringes any trademark, service mark or certification mark rights of third parties) or Account Holder's failure to maintain the privacy or security of any data or other information; provided that The Internet Trade Commission (i) provides prompt written notice of any such claim, action or demand; (ii) provides Account Holder, at Account Holder's request, with reasonable assistance in the defense of such claim, action or demand, so long as Account Holder reimburses The Internet Trade Commission for The Internet Trade Commission reasonable out-of-pocket expenses associated therewith; and (iii) Account Holder may not settle a claim in a manner that causes The Internet Trade Commission to incur unindemnified liability, take action, or suffer other injury, without The Internet Trade Commission written consent, which consent shall not unreasonably be withheld.
The Internet Trade Commission Services are provided on an "As Is, As Available" basis without any warranty of any kind. MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE SERVICES.
Questions, Comments & Complaints.
The Internet Trade Commission encourages you to provide The Internet Trade Commission with feedback regarding this Terms of Use Policy. If you have questions, comments or concerns regarding this Terms of Use Policy, please contact support@InternetTradeCommission.com.
Miscellaneous
The headings contained in these Terms of Use are for convenience of reference only, are not to be considered a part of these Terms of Use, and shall not limit or otherwise affect in any way the meaning or interpretation of these Terms of Use.