Terms and Conditions of Use
The Impulse Company
("theimpco.com") provides its services to you subject to the following
terms and conditions. If you access
this web site or visit or shop at TheImpCo.com, you accept these Terms and
Conditions of Use, as well as our other terms and conditions on this web site,
such as our Privacy
Policy Please
read these carefully. In addition,
when you use any current or future TheImpCo.com service on this web site, you
also will be subject to the guidelines and conditions applicable to such
service.
You
must be over the age of 18 to order from this website.
By placing an order you declare that you are of legal age in your state
or country or at least 18 years of age
- COPYRIGHT -
All content included on this site, such as text, graphics, logos, button
icons, images, digital downloads, data compilations, and Email Lists, is the
property of TheImpCo.com and protected by United States and
international copyright laws.
Copyright © 2003 TheImpCo.com. Any
rights not expressly granted herein are reserved.
- TRADEMARKS -
TheImpCo.com's trademarks and trade dress may not be used without
TheImpCo.com's prior written consent. Trademarks
not owned by TheImpCo.com, that appear on this site, are the property of their
respective owners.
- DATABASE OWNERSHIP, LICENSE, AND USE -
TheImpCo.com
warrants, and you accept, that TheImpCo.com is the owner of the copyright of the
Databases, Links and resources available from time to time through TheImpCo.com.
TheImpCo.com and its contributors reserve all rights and no intellectual
property rights are conferred by this agreement.
TheImpCo.com
grants you a non-exclusive, non-transferable license to use database(s)
accessible to you subject to these Terms and Conditions.
The database(s) may be used only for viewing information or for
extracting information to the extent described below.
You agree to use information obtained from TheImpCo.com databases only for your own private
use or the internal purposes of your home or business, provided that is not the
selling or brokering of information, and in no event cause or permit to be
published, printed, downloaded, transmitted, distributed, reengineered, or
reproduced in any form any part of the databases (whether directly or in
condensed, selective or tabulated form) whether for resale, republishing,
redistribution, viewing, or otherwise.
Nevertheless, you may on an occasional limited basis download or print out
individual pages of information that have been individually selected, to meet a
specific, identifiable need for information which is for your personal use only,
or is for use in your business only internally, on a confidential basis.
You may make such limited number of duplicates of any output, both in
machine-readable or hard copy form, as may be reasonable for these purposes
only. Nothing herein shall
authorize you to create any database, directory or hard copy publication of or
from the databases, whether for internal or external distribution or use.
- LICENSE AND SITE ACCESS -
TheImpCo.com grants you a limited license to access and make personal use of
this site and not to download or modify it, or any portion of it, except with
express written consent of TheImpCo.com. This
license does not include any resale or commercial use of this site or its
contents; any collection and use of any product listings, descriptions, or
prices; any derivative use of this site or its contents; any downloading or
copying of account information for the benefit of another merchant; or any use
of data mining, robots, or similar data gathering and extraction tools.
This site or any portion of this site may not be reproduced, duplicated,
copied, sold, resold, visited, or otherwise exploited for any commercial purpose
without express written consent of TheImpCo.com.
You may not frame or utilize framing techniques to enclose any trademark,
logo, or other proprietary information (including images, text, page layout, or
form) of TheImpCo.com and our affiliates without express written consent. You may not use any meta tags or any other "hidden
text" utilizing TheImpCo.com's name or trademarks without the express
written consent of TheImpCo.com. Any
unauthorized use terminates the permission or license granted by TheImpCo.com.
- CODES, PASSWORDS AND
CONFIDENTIAL INFORMATION -
You agree to treat as strictly private and confidential any Subscriber Code,
username, user ID, or password which you may have received from TheImpCo.com,
and all information to which you have access through password-protected areas of
TheImpCo.com websites and will not cause or permit any such information to be
communicated, copied or otherwise divulged to any other person whatsoever.
- COMMENTS, COMMUNICATIONS,
REVIEWS, AND OTHER CONTENT -
Visitors who post reviews, comments, and other content; and submit
suggestions, ideas, comments, questions, or other information, so long as the
content is not illegal, obscene, threatening, defamatory, invasive of privacy,
infringing of intellectual property rights, or otherwise injurious to third
parties or objectionable and does not consist of or contain software viruses,
political campaigning, commercial solicitation, chain letters, mass mailings, or
any form of "spam." You may not use a false e-mail address,
impersonate any person or entity, or otherwise mislead as to the origin of any
content. TheImpCo.com reserves the
right (but not the obligation) to remove or edit such content, but does
regularly review posted content.
If you do post content or submit material or ideas, and unless we indicate
otherwise, you grant TheImpCo.com and its affiliates a nonexclusive,
royalty-free, perpetual, irrevocable, and fully sub-licensable license and right
to use, reproduce, modify, adapt, publish, translate, create derivative works
from, distribute, perform, and display such ideas and content throughout the
world in any media. You grant
TheImpCo.com and its affiliates and sub-licensees the right to use the name that
you submit in connection with such content, if they choose.
You represent and warrant that you own or otherwise control all of the
rights to the content that you post; that the content is accurate; that use of
the content you supply does not violate this policy and will not cause injury to
any person or entity; and that you will indemnify TheImpCo.com or its affiliates
for all claims resulting from content you supply.
TheImpCo.com has the right but not the obligation to monitor and edit or
remove any activity or content. TheImpCo.com
takes no responsibility and assumes no liability for any content posted by you
or any third party.
- LINKING -
This Site may contain links to Web sites controlled by parties other than
TheImpCo.com. TheImpCo.com is not
responsible for and does not endorse or accept any responsibility for the
contents or your use of these third party websites.
- ELECTRONIC COMMUNICATIONS -
When you visit TheImpCo.com or send e-mails to us, you are communicating
with us electronically. You consent
to receive communications from us electronically.
We will communicate with you by e-mail or by posting notices on this
site. You agree that all
agreements, notices, disclosures and other communications that we provide to you
electronically satisfy any legal requirement that such communications be in
writing.
- DISCLAIMER OF WARRANTIES -
THIS SITE IS PROVIDED BY TheImpCo.com ON AN "AS IS" AND "AS
AVAILABLE" BASIS. TheImpCo.com
MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO
THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS
INCLUDED ON THIS SITE. YOU
EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, TheImpCo.com DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. TheImpCo.com DOES NOT
WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM TheImpCo.com ARE FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS.
- LIMITATION OF LIABILITY -
TheImpCo.com WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE
USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL,
PUNITIVE, SPECIAL, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE
EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.
IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS,
EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL
RIGHTS.
- SITE POLICIES, MODIFICATION, AND SEVERABILITY -
Please review our other policies, such as our Privacy Policy, posted on this
site. These policies also govern
your visit to TheImpCo.com. We
reserve the right to make changes to our site, policies, and these Terms and
Conditions of Use at any time. If
any of these terms and conditions shall be deemed invalid, void, or for any
reason unenforceable, that term shall be deemed severable and shall not affect
the validity and enforceability of any remaining terms or conditions.
- GENERAL -
These Terms and Conditions of Use shall be governed by the laws of the State
of California without reference to conflicts of laws principles.
These Terms and Conditions of Use and other policies on this web site
constitute the entire agreement between us and supersede any other
communications or advertising with respect to TheImpCo.com's web site.
The waiver of a breach of any term hereof shall in no way be construed as
a waiver of any other term or breach hereof.
The person agreeing to these Terms and Conditions of Use represents and
warrants that such person is authorized to bind and does so bind his or her
principal or employer and has adequate legal capacity to enter these Terms and
Conditions of Use. You may not
assign these Terms and Conditions of Use or any rights or obligations hereunder,
directly or indirectly, by operation of law or otherwise, without the prior
written consent of TheImpCo.com; TheImpCo.com may assign these Terms and
Conditions of Use and rights hereunder to any entity.
Subject to the foregoing sentence, these Terms and Conditions of Use
shall inure to the benefit of and be binding upon the parties and their
respective successors and permitted assigns.
