Effective:  September 26, 2016

The www.inmar-insights.com website is operated by Inmar, Inc. (collectively, “Inmar,” “we” or “us”). These Terms of Use apply to www.inmar-insights.com and any other website offered by us, which references or links to these Terms of Use (collectively, the “Site”). These Terms of Use do not apply offline and do not alter the terms of any other agreement that you may have with us or our affiliates. Your access to and use of the Site reflects your agreement to be bound by these Terms of Use.  If you do not agree to these Terms of Use, do not access or use the Site and do not engage in any services offered by us via the Site.  We reserve the right to change these Terms of Use from time to time, and at any time, without prior notice. By using the Site following any changes to these Terms of Use, you agree to be bound by any such changes to these Terms of Use.

Along with these Terms of Use, please read our Privacy Policy and refer to it before you submit any personal information to the Site. The Privacy Policy is hereby incorporated and made part of these Terms of Use.

  1. Use of Site Content.  Other than as expressly permitted in the next paragraph, you may not copy, reproduce, distribute, transmit, display, perform, publish, license, modify, translate, adapt, create derivative works from, transfer, sell or otherwise exploit the Site or any content, information, software, products or services obtained from the Site, for any commercial purpose or enterprise, without our prior written permission.  You may not use the Site or any content within the Site for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Inmar, its affiliates or other individuals.

    You may display the pages of the website and, subject to any expressly stated restrictions or limitations relating to specific material on the Site, electronically copy, download onto your personal computer, mobile device or other technology used to access the Site, and print single hard copy portions of the pages from the Site solely for your own internal, noncommercial, lawful use. If you make other use of the Site, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.

    You may not (a) decompile, disassemble or reverse engineer the Site or any portion thereof, (b) attempt to gain unauthorized access to the Site, any portion thereof or any other computer systems or platforms through the Site, (c) use any automatic device, program, algorithm or methodology, or engage in harvesting of e-mail addresses or other personal information, unsolicited e-mailing,  telephone calls or mailings, spoofing, flooding, overloading, spidering, screen scraping, database scraping, or any similar or equivalent manual process to access, acquire, copy or monitor any portion of the Site or any content on Site, or (d) reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Inmar, to its source. You agree that you will not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

    We reserve the right, at any time, to modify, suspend or discontinue our Site and/or any content provided on the Site without notice to you.

  2. Accounts and Passwords.  Visitors may have limited ability to visit and browse the Site, but will not have full access to the services and our offerings without first creating an account.  When you set up an account, you are required to complete a profile and submit certain personal information to Inmar.  We may issue you, or enable you to establish, a username and password for the Site. You are responsible for maintaining the confidentiality of your account information and account password, and for any activity that occurs under your account, including any activity that occurs as a result of your failure to keep secure and maintain the confidentiality of your account and password information. You will (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. It is your sole responsibility to control the dissemination and use of your password, control access to and use of your account, and notify us when you desire to cancel your account on the Site.  You may not use anyone else’s password or account at any time on the Site. We will not be responsible or liable for any loss or damage arising from your failure to comply with these requirements and you may be held liable for any losses incurred by Inmar or any other user to the Site if your failure to keep your account information secure and confidential results in someone else’s use of your account, password and account information.
  3. Purchases.  You agree to pay the price that is stated at the time of your election to purchase a particular product, along with any applicable sales taxes.  Prices and availability of products are subject to change without notice.  Inmar reserves the right to withdraw any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit or debit card charged. If your debit or credit card has already been charged for the purchase and your order is cancelled, we will issue a credit to your debit or credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account. Unless otherwise specified, all charges are nonrefundable.  YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE THE DEBIT OR CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTIONS ON THE SITE.

    Any credit card or debit card payments made by you via the Site are processed by a third-party payment processor. The payment processor may not support all payment methods, currencies or locations for payment.  Please review all payment and transaction policies available on the Site and/or contact your credit card issuer for more information.  The processing of payments will be subject to the terms, conditions and privacy policies of the third-party payment processor in addition to these Terms of Use.  Generally, credit and debit cards are not charged until we either ship the item(s) to you or confirm availability (at which time you will be charged only for the goods we have actually shipped along with any appropriate taxes or shipping charges). For digitally delivered or accessed orders, your credit or debit card will be charged before you initiate the download of the product or information.

    If you believe someone has made unauthorized use of your account or you are being charged for a product or service that you did not receive, please email us at solutions@inmar.com or call us at 1.866.440.6917.

  4. Orders.  We, or a representative on our behalf, may confirm an online order by phone and may request additional information to verify the legitimacy of the order or the identity of the purchaser. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. We reserve the right to reject any order you place with us, and/or to limit quantities on any order, without giving any reason. If we reject your order, we will attempt to notify you using the e-mail address or other contact information you have provided to us with the order.  If we reject your order and a charge has been made against your card, we will process a refund to the credit or debit card you used to place your order.

    In the event that you are unsatisfied with your order and wish to request a refund or a credit, you may contact us via email at solutions@inmar.com, or via telephone at 1.866.440.6917, to provide a reason for your request.  Your request will be reviewed by us, and if approved by us, we will process the appropriate refund to be applied against the debit or credit card used to place your order. We will notify you via email in the event we do not approve your request.

    We attempt to be as accurate as possible and eliminate errors on the Site; however, we do not warrant that any product, service, description, photograph, pricing or other information is accurate, complete, reliable, current or error-free. In the event of an error, whether on the Site, in an order confirmation, in processing an order, delivering a product or service or otherwise, we reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. Your sole remedy in the event of such error is to cancel your order and obtain a refund.

  5. Unsolicited Submissions.  Any non-personal information, remarks, suggestions, ideas, graphics or material you submit to us by email, download, or otherwise (“Unsolicited Submission”), is non-confidential, and automatically becomes Inmar’s property upon receipt, including all rights therein, without any compensation to you. We have no obligation to review or use any Unsolicited Submissions or to keep them confidential, but if we elect to use them, we are free to use and repurpose such Unsolicited Submission for any purpose. Specifically, we are free to use any ideas or concepts contained in any such Unsolicited Submission for any purpose whatsoever, without any compensation to you. Inmar does not waive any rights it may have to similar or related ideas previously known to it or developed by its employees and representatives, or obtained from sources other than you.
  6. Intellectual Property.  Inmar and its licensors own all right, title and interest in and to the Site, all the text, content, graphics, interfaces, code and materials thereon, the look and feel, selection and arrangement, design and organization of the Site, and the compilation of the content, code, data and materials on the Site, including but not limited to all intellectual property and proprietary rights therein. Your use of the Site does not grant to you ownership in, or rights to, any of the foregoing. The Site is copyrighted as a collective work under the United States’ and other copyright laws, and is the property of Inmar. The collective work includes works that are licensed to Inmar. Unless otherwise indicated on the Site, displayed trademarks, corporate logos, services marks, trade names and emblems (collectively, the “Marks”) are subject to the trademark rights of, and are proprietary to, Inmar, its affiliates and their respective licensors.  These Terms of Use do not grant any license or other authorization to use the Marks.
  7. Linking. The Site may contain links to other websites, which may be of interest to you. Inmar is not responsible for the content of any other websites linked to the Site. Your linking to any other website is at your own risk, and you should be aware that, unless otherwise indicated, these Terms of Use no longer govern. Please be mindful of this as you link to other outside websites. You should review the applicable terms and policies, including privacy and data gathering practices, of any outside website to which you navigate.
  8. Electronic Communications. The communications between you and us use electronic means, whether through the Site or via email.  For contractual purposes, you (a) consent to receive communications from us in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in a writing.
  9. Mobile Services.  If permitted or available through any feature of the Site, and you access the Site using text messaging or a mobile device or application, you are responsible for any and all service fees associated with any such mobile access, including all applicable data fees, and for complying with all terms of use imposed by the carrier.
  10. Children.  THIS SITE IS ONLY INTENDED FOR VIEWING IN THE UNITED STATES IF YOU ARE EIGHTEEN (18) YEARS OR OLDER and not a minor in your state of residence. If you are not an intended user, do not use or view this Site.
  11. Disclaimer.  THE SITE, INCLUDING, WITHOUT LIMITATION, THE MATERIALS, INFORMATION, CONTENT, FUNCTIONS, SERVICES, PRODUCTS, TEXT, GRAPHICS, AND LINKS THEREON, ARE EACH PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, INMAR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, NON-INTERFERENCE, SYSTEM INTEGRATION, DATA ACCURACY, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. INMAR DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. INMAR DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF CONTENT ON THE SITE OR WITH RESPECT TO ITS COMPLETENESS, ACCURACY, AVAILABILITY, ADEQUACY, USEFULNESS, TIMELINESS, SECURITY, RELIABILITY OR OTHERWISE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.  YOU AGREE THAT WE, IN OUR SOLE DISCRETION, MAY IMMEDIATELY TERMINATE YOUR ACCESS TO THE SITE AT ANY TIME, FOR ANY REASON.  YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SITE OR DELETION OF YOUR ACCOUNT.
  12. Limitation of Liability. IN NO EVENT SHALL INMAR, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, PARTNERS, SHAREHOLDERS, EMPLOYEES, AGENTS, LICENSORS OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”), BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF THE PROTECTED ENTITIES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE SITE OR THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THE SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) IN THE AGGREGATE, ARISING FROM THESE TERMS OF USE OR YOUR USE OF THE SITE, EXCEED THE GREATER OF (A) $10 (UNITED STATED DOLLARS), OR (B) THE AMOUNT PAID BY YOU FOR MATERIALS PURCHASED THROUGH THE SITE AND THAT ARE THE SUBJECT OF THE CLAIM.

    BECAUSE SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON WARRANTIES, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE DISCLAIMER AND LIMITATIONS MAY NOT APPLY TO YOU.

  13. Indemnity. You agree to indemnify, defend, and hold harmless Inmar, its affiliates, and any of their respective officers, directors, members, partners, shareholders, employees, agents, licensors or service providers from and against all claims, liabilities, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting in any way from your use of the Site, your communication, placement or transmission of any message, content, information or other materials on or through the Site, your breach or violation of the law, your violation of any third party right or your violation of these Terms of Use, or of any activity otherwise related to your use of the Site (including negligent or wrongful conduct), by you or any other person accessing the Site using an account registered to you.
  14. Jurisdictional Issues. The Site is operated out of the United States. Inmar makes no representation that the Site, materials or information on the Site are appropriate or available for use outside of the United States, and access to them from jurisdictions where their content is illegal is prohibited. Those who choose to access the Site outside of the United States do so at their own initiative and are responsible for compliance with applicable local laws. You may not use or export any materials on the Site in violation of United States’ or any other jurisdiction’s export, re-export, or import laws and regulations.
  15. Miscellaneous. These Terms of Use and the relationship between you and Inmar are governed in all respects by the laws of the State of North Carolina, United States, without regard to its conflict-of-law provisions and each party shall submit to the personal and exclusive jurisdiction of the courts of Forsyth County, North Carolina. If any provision of these Terms of Use 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 of Use remain in full force and effect. By using the Site, you agree that regardless of any statute or law to the contrary, any cause of action or claim you may have with respect to the Site or these Terms of Use must be commenced within one (1) year after the claim or cause of action arises or be forever barred. Inmar’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms of Use. Inmar may assign its rights and duties under these Terms of Use to any party at any time without notice to you.
  16. Contact Us. We welcome your questions and comments about our Terms of Use.  Please contact us by e-mail at solutions@inmar.com.

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