Terms & Conditions

THESE TERMS AND CONDITIONS AND EACH RELATED POLICY CONSTITUTE A BINDING CONTRACT AND SHOULD BE READ CAREFULLY

Last modified: September 25, 2024

Company Information

Infinite Ties, LLC

These Terms and Conditions (“Terms and Conditions”) govern your use of, exposure to, or participation in or with: (i) our website, technology platforms, applications, software, training materials, client advisory services, resources, mobile apps, infrastructure, and other similar offerings or items (“Platform”); (ii) our various products and services related to the Platforms or other business activities; (iii) any interactions with third parties resulting from your exposure to the Platform or our other business activities; and/or (iv)  any other settings in which Infinite is involved or rendering a product or service (collectively with the Platform, “Services”), whether made available to you by the company listed above or its subsidiaries and affiliates (individually and collectively, “Infinite,” “we,” “us,” or “our”).

THESE TERMS AND CONDITIONS CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US. THE ENTIRETY OF THESE TERMS AND CONDITIONS APPLY TO USERS ACCESSING OUR SERVICES. BY CLICKING ACCEPT, CHECKING AN ACCEPTANCE BOX, ACCESSING OUR SERVICES, OR PROVIDING INFORMATION TO US IN ANY MANNER COVERED BY THESE TERMS AND CONDITIONS, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AS IF YOU HAD SIGNED THEM. DO NOT ACCESS OUR SERVICES YOU DO NOT AGREE TO BE BOUND BY THIS NOTICE. ADDITIONALLY, SECTION 12 OF THESE TERMS OF CONDITIONS APPLIES SPECIFICALLY TO THOSE WHO MAKE PURCHASES OR PLACE ORDERS THROUGH THE SERVICES. 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, IF YOU DO NOT AGREE TO ALL OF THE PROVISIONS OF THESE TERMS AND CONDITIONS, YOU MAY NOT USE OR ACCESS THE SERVICES. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, YOU WILL NOT BE ABLE TO USE THE SERVICES. BY ACCESSING OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, HAVE UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS JUST AS IF YOU HAD SIGNED THEM. 

We reserve the right, in our sole discretion, to change, modify, add, or delete portions of these Terms and Conditions at any time. All changes are effective immediately when posted. Your continued use of the Services following the posting of revised Terms and Conditions means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Capitalized terms not defined in these Terms and Conditions have the meaning set forth in additional Infinite policies, addendums, and agreements. In the event of a conflict between these Terms and Conditions and any other separate service agreements, contracts, or other terms and conditions, (“Additional Terms”), the terms of these Terms of Use shall control; provided, however, that: (i) the Additional Terms not in conflict with these Terms of Service; and (ii) the terms of the Privacy Notice and Cookie Policy (“Privacy Notice”) and the Community Terms and Conditions (“Community Terms”), shall at all times control notwithstanding the foregoing language.  

 

  • OVERVIEW

The Services are designed to offer persons (“Users”) an option to purchase a variety of Services, assist Users in the submission of required forms, documents and information necessary for us to do business with you, and for Users’ ability to learn about our offerings, evaluate and/or enjoy the Services. 

While access to certain portions of the Services may be free, we reserve the right to charge fees for any Services, features, or benefits provided through the Services at any time. Your purchase of Services is subject to any return policies or policies related specifically to the Services you wish to purchase, and such policies are incorporated herein by reference.

We reserve the right to, at any time and without notice, limit access to, modify, change or discontinue the Services. You agree that we will not be liable to you or to any third party for any such limitation, modification, change, suspension, or discontinuance of the Services.

  • ELIGIBILITY

The Services are intended for Users that are at least 18 years old. If you are between 13 and 18 (“Minor”), you may use the Services only with the supervision and consent of a parent or guardian. However, no individual under these age limits may provide any Personal Data to us or otherwise through the Services.

  • PROFILE

In order to access certain Services, you may be required to create a profile, username, account or group covering a specific set of licensees with us or our third-party partners (“Profile”). 

By creating a Profile, you (this includes any agent designated by you operating on your behalf) agree to provide us with complete and accurate information and to keep this information up to date. This may include, but is not limited to, your name, email address, telephone number, payment method, and password. If you provide any information that does not satisfy this provision, or we have reasonable grounds to suspect as much, we have the right to suspend or terminate your Profile and refuse any and all current or future use of the Services (or any portion thereof). We may also refuse service at any time if it is believed the use rights you have been granted are being exceeded (whether by allowing an excess number of users to access, by use for improper purposes, or otherwise). 

You are solely responsible for activities that occur under or through your Profile, including activities initiated by third parties, whether or not such activities are authorized by you. Should you grant a third party to act on your behalf, you shall ensure that third party is bound by, and abides by, these Terms and Conditions. You agree to immediately notify us of any unauthorized use of your account or any breach of your account security.

YOU ARE RESPONSIBLE FOR ALL FEES INCURRED UNDER YOUR PROFILE REGARDLESS OF YOUR AWARENESS OF SUCH FEES OR THE AMOUNTS THEREOF.

Please refer to our Privacy Notice for how we store, access, use, and share any information you provide to us, and your rights with regard to your Personal Data.

 

  • PAYMENT METHOD

All Fees will be billed to the credit card, or other payment method, with which you provide us or our third party payment partners (“Payment Method”). You authorize the Payment Method issuer to pay any Fees incurred by you, including any fees incurred through your Profile.

You agree to provide current, complete and accurate billing and Payment Method information. You agree to promptly update Payment Method numbers, expiration dates and billing address to keep your Profile current and accurate. If your Fees are not paid by your Payment Method issuer, you agree to pay all Fees you incur by provided another Payment Method. You agree to pay all costs of collection efforts, including attorney fees and costs. By submitting your order, you represent and warrant that you are authorized to use the designated card or payment method and you authorize us to charge your order (including taxes, shipping, handling and any other amounts described on the Sites) to that card or other payment method.

Fees may be collected and distributed through a third-party payment processing service, therefore you may be required to register with a third-party payment processor (“Payment Processor”). Infinite may replace its Payment Processor without notice to you. Additionally, you may be required to agree to terms of service of the Payment Processor, and go through a vetting process at the request of the Payment Processor to set up their account with the Payment Processor (“Payment Processor Services Agreement”). By accepting these Terms and Conditions, you agree that they have reviewed and agreed to, the Payment Processor Services Agreement. Please note that we may not be a party to the Payment Processor Services Agreement and that you, the Payment Processor and any other parties listed in the Payment Processor Services Agreement are the parties to the Payment Processor Services Agreement and that we have no obligations, responsibility or liability to you or other party under the Payment Processor Services Agreement. To help prevent fraud and safeguard your information from the risk of unauthorized access, we and/or the Payment Processor may validate an account before activation. 

You understand and agree that any deposit payment you make towards our Services is non-refundable, and you are agreeing to the purchase of such Services. You agree the Payment Method provided will be authorized for the remaining balance of the Services purchased and will be automatically charged upon in-store or fulfillment. You agree that if your final purchase is more or less than your original reservation or purchased Services value, your Payment Method will be automatically charged the total price of the transaction less any deposit on file.

  • INTELLECTUAL PROPERTY AND CONTENT YOU PROVIDE

All intellectual property rights in the Services shall be owned by Infinite, and in limited circumstances as granted by separate agreements our licensors, absolutely and in their entirety. These rights may include but are not limited to database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing or however arising in the world together with the right to apply for or otherwise benefit from protection of the same (“Protected IP”).  You agree and acknowledge you have no such use or ownership rights with respect to Protected IP except as expressly detailed by separate contract between you and us, and hereby assign us any and all rights you may have claim to. All other trademarks, logos, service marks, company or product names set forth in the Services are the property of their respective owners; provided, however, that such entities may have granted an Infinite a worldwide, irrevocable, royalty free, non-exclusive right to use such intellectual property in Infinite’s services. 

We welcome your comments and feedback regarding the Services. We do not, however, accept confidential or proprietary information. Accordingly, all comments, feedback, ideas, suggestions, materials, information and other submissions disclosed, submitted or offered to Infinite (collectively, “Comments”) are not confidential and will become and remain Infinite property. The disclosure, submission or offer of any Comments will constitute an assignment to Infinite of all worldwide rights, titles and interests and goodwill in the Comments without payment of any compensation.

SIMILARLY, AND FOR THE AVOIDANCE OF ANY DOUBT, INFINITE WILL TREAT ANY MESSAGE BOARD OR OTHER POSTINGS, FEEDBACK, EMAILS OR SUGGESTIONS YOU PROVIDE TO US AS NON-CONFIDENTIAL AND NON-PROPRIETARY. IF YOU CHOOSE TO USE YOUR REAL NAME, YOUR NAME WILL BE AVAILABLE TO AND VIEWABLE BY ANYONE USING THE WORLD WIDE WEB AND/OR USING A SEARCH ENGINE. 

Additionally, by submitting Comments you irrevocably grant us the right to use your Comments in connection with the username you provide for any commercial or non-commercial purpose, including to post such Comments as testimonials on our Services. Herein “use” means display, copy, distribute, modify, adapt, publish, incorporate into other works, create derivative works, and allow third-party sites and services who obtain Comments from us to do the same. You hereby represent and warrant that Comments submitted by you do not violate any right of any third party (including intellectual property rights), and do not contain any libelous, abusive, obscene or otherwise unlawful material.

“Your Content” means content you post online on any social media platform wherein we are tagged or mentioned, including text, usernames or handles, hashtags, photographs, images, illustrations, graphics, sound recordings, video, audio-video clips, and other material related to your post. With your consent we would like to promote and share Your Content through our Services, email, social media, and any other digital channel in conjunction with the promotion and marketing of our Services. 

When you agree to let us share Your Content, you irrevocably grant us, and our licensed third parties, a nonexclusive, fully paid, worldwide, perpetual, irrevocable, royalty-free, transferable license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, distribute, publicly display and perform, publish, transmit, remove, retain, repurpose, promote, and commercialize Your Content in any and all media or form of communication whether now existing or hereafter developed, without obtaining additional consent, without restriction or notification, and without compensating you in any way, and to authorize others to do the same. We are not responsible for the use or disclosure of any Personal Data that you voluntarily disclose in connection with Your Content that you license to us in connection with this section. You represent and warrant that you are at least eighteen (18) years old and have all rights necessary for you to grant the licenses granted herein, including but not limited to the rights of publicity and privacy for any person, including Minors where parental permission is required, featured in Your Content and the copyright and photographic rights in Your Content.

You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding Your Content that you may have under any applicable law under any legal theory. Finally, you waive any and all claims against Infinite relating to copyright infringement and/or any invasion or misappropriation of the right of privacy or publicity and warrant that you own or are authorized to grant all rights and permissions granted herein.

To reiterate, if you have engaged us for any specific service or otherwise are granted access to specific offerings of ours, the Community Terms may include additional terms that will control. 

  • RESTRICTED ACTIVITY

With respect to your use of the Services, you agree that you will not:

  • impersonate any person or entity;
  • violate any law, statute, rule, permit, ordinance or regulation;
  • interfere with or disrupt the Services, or the servers or networks connected thereto;
  • use the Services in a manner which is fraudulent, libelous, abusive, obscene, profane, sexual in nature, harassing, or illegal;
  • use the Services in any way that infringes any third party’s rights, including: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
  • post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Services;
  • “frame” or “mirror” any part of the Services, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other web site for any purpose;
  • modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Services or any software used on or for the Services;
  • rent, lease, lend, sell, redistribute, license or sublicense the Services or access to any portion of the Services, unless otherwise agreed to in writing by us;
  • use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Services or its contents; 
  • post spam, machine- or randomly-generated content, or content that contains unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further cause or facilitate any other unlawful acts (such as phishing) or mislead recipients as to the source of material (such as spoofing); 
  • your content shall not effectuate unwanted electronic messages (such as spam links on newsgroups email lists, or other blogs or websites) or make use of other unsolicited promotional methods;
  • your content shall not be named in a manner that misleads readers into thinking you are another person or company (for example, a blog’s URL or name may not be the same as a person or entity other than yourself or the company you own;
  • your content may not inaccurately categorize computer code, the type, nature, uses and/or effects of the materials, whether or not requested by any other party;
  • cause any third party to engage in the restricted activities above; or
  • otherwise take any action that in the sole judgment of us creates an undue risk or harm.

To reiterate, if you have engaged us for any specific service or otherwise are granted access to specific offerings of ours, the Community Terms may include additional terms that will control. 

  • THIRD PARTY WEBSITES, LINKS, VENDORS, ENTITIES, ETC.

The Services may include links that direct you to other sites, or expose you to other third party vendors, entities, locations, etc., that are beyond our control. We are not responsible for the conditions, accuracy, relevancy, copyright or other IP compliance, legality, security, or decency of, nor do we endorse, conditions or material contained in sites to which you link from or entities or locations you interact with as a result of the Services. We have not reviewed, and cannot review, all of the material, including computer software made available through the websites and webpages to which we link, and that link to the Services, nor can we review all material matters relating to each other third party entity, location or item related to the same.

You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. We disclaim any responsibility for any harm resulting from your use of websites and webpages linked through our Services.

Additionally, information collected from our third party partners may be processed by such (“Application Processors”), and you may be required to register with the same to make use of the Services. Infinite may replace its Application Processors without notice to you. Additionally, you may be required to agree to terms of service of the Application Processor, and go through a vetting process at the request of the Application Processor to set up their account with the Application Processor (“Application Processor Services Agreement”). By accepting these Terms and Conditions, you agree that they have reviewed and agreed to, the Application Processor Services Agreement(s). Please note that we are not a party to the Application Processor Services Agreement and that you, the Application Processor and any other parties listed in the Application Processor Services Agreement are the parties to the Application Processor Services Agreement and that we have no obligations, responsibility or liability to you or other party under the Application Processor Services Agreement. To help prevent fraud and safeguard your information from the risk of unauthorized access, we and/or the Application Processor may validate an account before activation. Infinite shall have no liability for actions or inactions of the Application Processor, and all issues with the Application Processor must be taken up directly with Application Processor and without Infinite’s responsibility for the same.

  • DISCLAIMERS

The disclaimers in this Section are made on behalf of Infinite, our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, shareholders, directors, partners, employees, independent contracts, agents, licensors, vendors, content providers, distributors, representatives, service providers and consultants, and each of the foregoing entities’ respective resellers, distributors, service providers, and suppliers, and all of the foregoing entities’ respective officers, directors, owners, employees, agents, partners, joint venturers, representatives, investors, and assigns and employees (together with Infinite, the “Infinite Parties”).

PRICING, PROMOTIONS AND AVAILABIITY MAY VARY BY LOCATION AND WEBSITE. DESCRIPTIONS, TYPOGRAPHIC, AND/OR PHOTOGRAPHIC ERRORS ARE SUBJECT TO CORRECTION. INFINITE SHALL NOT BE BOUND BY OR RESPONSIBLE FOR SUCH ERRORS. DISCOUNTS, COUPONS, OFFERS, VALID DATES, PARTICIPATING LOCATIONS, EXCLUSIONS AND/OR PRICING ARE SUBJECT TO CHANGE, ALTERATION OR TERMINATION BY INFINITE AT ITS SOLE DISCRETION AT ANY TIME.

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, THE SERVICES ARE PROVIDED ON AN 'AS IS' AND ‘WITH ALL FAULTS’ BASIS. INFINITE DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, HAZARDS, OR CONDITIONS OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND/OR CREATED BY TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. THE INFINITE PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THE SERVICES OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. ALTHOUGH INFINITE ENDEAVORS TO PROVIDE ACCURATE INFORMATION, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY, COMPLETENESS, ERRORS, OR RELIABILITY OF INFORMATION ON THE SERVICES. YOUR USE OF THE SERVICES ARE AT YOUR OWN RISK.

INFORMATION, DESCRIPTIONS, REPRESENTATIONS NOT CONTAINED WITHIN THESE TERMS OF SERVICE OR ADDITIONAL DOCUMENTS, GUIDANCE, DIRECTIONS, AND OTHER MATERIALS RELATING TO THE SERVICES ARE GENERAL IN NATURE AND MUST BE VIEWED WITH AN APPRECIATION FOR MANY VARYING CONDITIONS. NONE OF SUCH INFORMATION IS A SUBSTITUTE FOR IN-PERSON GUIDANCE BY A QUALIFIED PROFESSIONALS, INDEPENDENT INVESTIGATION, DETERMINATIONS ON THE SAFETY OR FITNESS OF SERVICES AND PRODUCTS, OR FOR PERSONAL EXPERIENCE GAINED IN CONSULTATION WITH KNOWLEDGEABLE AND EXPERIENCED EXPERTS. YOU ACKNOWLEDGE THAT YOU COULD BE SERIOUSLY HARMED ENGAGING IN ACTIVITIES PRESENTED BY OR RELATED TO THE SERVICES AND THAT YOU SHOULD RECEIVE PROFESSIONAL INSTRUCTION AND/OR INSPECTION OF PRODUCTS BEFORE USE WHEN APPROPRIATE. YOU ASSUME ALL RISKS ASSOCIATED WITH ENGAGING IN ANY ACTIVITIES OR USING ANY SERVICES.

  • INDEMNITY

TO MAXIMUM EXTENT PERMITTED BY LAW, YOU ACKNOWLEDGE AND AGREE TO INDEMNIFY AND HOLD THE INFINITE PARTIES HARMLESS FROM ANY LOSS, LIABILITY, EXPENSES, CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEY’S FEES, WHETHER FOR DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, SPECIAL DAMAGES OR OTHERWISE (COLLECTIVELY, “CLAIMS”) DUE TO OR ARISING OUT OF (A) ANY INFORMATION SUBMITTED BY YOU OR THROUGH YOUR PROFILE, COMMENTS, OR YOUR CONTENT, (B) YOUR PARTICIPATION IN OR EXPOSURE THE SERVICES; (C) ANY VIOLATION OF THESE TERMS AND CONDITIONS BY YOU OR THIRD PARTY USING YOUR PROFILE, (D) THE VIOLATION, INFRINGEMENT OR MISAPPROPRIATION BY YOU, OR THIRD PARTY USING YOUR PROFILE, OF ANY INTELLECTUAL PROPERTY, INCLUDING PROTECTED IP, OR OTHER RIGHT OF ANY PERSON OR ENTITY, INCLUDING, BUT NOT LIMITED TO, TRADEMARK, COPYRIGHT, RIGHT OF PUBLICITY AND RIGHT OF PRIVACY; (E) ANY PORNOGRAPHIC, HATE-RELATED, THREATENING, LIBELOUS, OBSCENE, HARASSING OR OTHERWISE OBJECTIONABLE OR OFFENSIVE MATERIAL CONTAINED IN ANY OF YOUR POSTINGS OR OTHER COMMUNICATIONS; (F) INJURY, DEATH, OR BODILY HARM FROM SERVICES; or (G) OTHERWISE RELATED TO ANY PRODUCTS OR SERVICES SOLD, PURCHASED, PARTICIPATED IN, OR EXPOSED TO THROUGH THE SERVICES.

  • LIMITATION OF LIABILITY

NEITHER THE INFINITE PARTIES NOR ITS AFFILIATED OR RELATED ENTITIES OR ITS VENDORS SHALL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM, OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACIVE, PASSIVE OR IMPUTED), OR OTHER THEORY, OR FOR DAMAGES INCLUDING LOST PROFITS AND CONSEQUENTIAL OR PUNITIVE DAMAGES, PERSONAL INJURY (INCLUDING DEATH), AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, BASED UPON OR RESULTING FROM YOUR PARTICIPATION WITH, EXPOSURE TO, OR USE OR INABILITY TO USE THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY OFFERINGS AVAILABLE TO YOU, AND/OR MATERIALS, PRODUCTIONS, EDUCATION OR TRAINING, INCIDENTAL RELATIONS PROVIDED OR FACILITATED BY THE SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE INFINITE PARTIES (JOINTLY), WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR EXPOSURE TO THE SERVICES AND/OR INCIDENTAL ITEMS THERETO EXCEED THE PURCHASE PRICE OF THE PRODUCT OR SERVICE RELATED TO THE SAME; PROVIDED, HOWEVER, THAT DEPENDING ON APPLICABLE LAW, THE FOREGOING LIMITATIONS MAY NOT LIMIT OR EXCLUDE THE INFINITE PARTIES' LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED, OR FOR THE INFINITE PARTIES’ GROSS NEGLIGENCE, FRAUD, INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT, THOUGH THE SAME SHALL BE LIMITED TO THE MAXIMUM EXTENT AVAILABLE AT LAW. THE INFINITE PARTIES SHALL NOT BE LIABLE FOR YOUR USE OF ANY CONCEPTS, USE OF, ITEMS, OR KNOWLEDGE LEARNED THROUGH THE SERVICES. 

MOREOVER, UNDER NO CIRCUMSTANCES SHALL THE INFINITE PARTIES BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, EQUIPMENT AND TECHNICAL FAILURES, ELECTRICAL POWER FAILURES OR FLUCTUATIONS, STRIKES, LABOR DISPUTES, RIOTS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, NATURAL DISASTERS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NONPERFORMANCE OF THIRD PARTIES, OR ANY REASONS BEYOND OUR REASONABLE CONTROL.

YOU FURTHER ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY INCOMPATIBILITY BETWEEN THE SERVICES AND ANY OTHER SITE, SERVICE, SOFTWARE, HARDWARE, SCHEDULE, REQUIREMENTS, CONDITIONS OR OTHERWISE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY ADVICE OR ACTIONS SUGGESTED UNDER YOUR OWN COUNSEL OR OPINION AFTER EXPOSURE TO OUR SERVICES. INFINITE HEREBY DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES THAT THE SERVICES WILL YIELD ANY SPECIFIC RESULTS OR OTHERWISE QUALIFY YOU TO RENDER GOOD JUDGMENT OR ADVICE. YOU ARE NOT TO RELY ON THE SERVICES AND AT ALL TIMES WILL BE PROCEEDING UNDER YOUR INDEPENDENT JUDGMENT WHEN DEALING WITH THIRD PARTIES. 

THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS AND CONDITIONS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. TO THE EXTENT THAT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.

NOTWITHSTANDING ANYTHING IN THESE TERMS AND CONDITIONS, TO THE EXTENT INFINITE PARTIES’ ARE FOUND LIABLE FOR ANYTHING RELATED TO THESE TERMS AND CONDITIONS THE INFINITE PARTIES’ TOTAL LIABILITY SHALL NOT EXCEED THE LESSER OF $1,000.00 USD, THE FEES INFINITE PARTIES RECEIVED FROM YOU, OR THE LOWEST AMOUNT THAT MAY BE PERMITTED BY ANY GIVEN JURISDICTION. 

 

  • GENERAL PROVISIONS

The provisions of these Terms and Conditions, which by their nature should survive the termination of these Terms and Conditions, shall so survive such termination until performed.

You agree that any action at law or in equity arising out of or relating to these terms of use shall be filed, and that venue properly lies, only in state or federal courts located in Denver, Colorado, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. You agree that we may submit any claim to binding one-on-one arbitration for your claim(s) only in lieu of litigation. Such arbitration shall be conducted in Denver, Colorado, under the rules administered by the American Arbitration Association. Notwithstanding the foregoing, in no event shall any claim, action, or dispute relating to the ownership of intellectual property be submitted to arbitration. We make no representation that information, content, or materials on the Services are appropriate or available for use in any particular location. Those who choose to access the Services do so on their own initiative and are responsible for compliance with all applicable laws including, but not limited to, any applicable local laws.

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Colorado and the laws of the United States, without giving effect to any principles of conflicts of law.

EXCEPT AS SPECIFICALLY SET FORTH HEREIN TO THE CONTRARY, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

No waiver by us of any term or condition set out in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Infinite Parties to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.

If any provision of these Terms and Conditions held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and if such provision is determined to be invalid or unenforceable nonetheless, the provision shall be deemed to be severable from the remainder of these Terms and Conditions and shall not cause the invalidity or unenforceability of the remainder of these Terms and Conditions.

These Terms and Conditions constitute the sole and entire agreement between you and us and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services. If you have any questions regarding these Terms and Conditions, the Services, please contact [email protected]. 

  • Purchases and Orders Placed Via the Services or Platforms Comprising the Same 

This Section 12 applies specifically to those who make purchases or place orders through the Services (including for the purpose of clarity, the Platforms), including sales of new Infinite Services directly to you, and sales whereby you receive products or services from third parties in transactions hosted by us. The following terms and conditions are to be read in conjunction with the remainder of the Terms and Conditions, INCLUDING BUT NOT LIMITED TO SECTION 9 - INDEMNITY, 10 – LIMITATION OF LIABILITY, AND 11 – GENERAL PROVISIONS, which shall likewise apply. By using the exchange, you are also agreeing that we can process your information in the ways set forth in the Privacy Notice, so please read it. To the extent there is any direct conflict between the provisions of this Section 12 and the remainder of the Terms and Conditions, the following shall control; provided, however, that the same shall be construed to the narrowest extent possible to give effect to both provision where possible, and the following shall control only to the extent of the conflict.

  • General Terms

Pricing and Availability.

All prices are shown in U.S. dollars except where otherwise noted; taxes, shipping and handling charges are additional. All items are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue Services without notice, even if you have already placed your order. All prices are subject to change without notice and you agree that taxes may be adjusted from the amount shown on the billing screens. Several factors may cause this, such as variances between processor programs and changes in tax rates. Prices displayed on the Services and/or Platforms may vary from those in the store or from store-advertised prices.

Errors.

We attempt to be as accurate as possible and to eliminate errors on the Services and/or Platforms; 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 Sites, in an order confirmation, in processing an order, in delivering a product or service or otherwise—we reserve the right to correct such error and to 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.

Electronic Transactions; Records; Copies.

You agree that all of your transactions with or through the Services and/or Platforms may, at our option, be conducted electronically from start to finish, and that any oral conversations may be recorded. If we decide to proceed non-electronically, those transactions will still be governed by the remainder of these terms unless you enter into different terms provided by us. You are responsible to print or make an electronic copy of these Terms and any other contract or disclosure that we are required to provide to you.

Attribution. 

The Protected IP, Infinite name, graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Infinite in the U.S. and/or other countries. You shall not use or alter any text, logos, Protected IP, Infinite’s signature colors or create a confusingly similar materials in such a way which may suggest endorsement or affiliation by Infinite. You shall not use a mark which is confusingly similar to the Protected IP. 

Use of Services. 

As detailed above, your use of the Services are subject to the entirety of the Terms and Conditions, INCLUDING BUT NOT LIMITED TO SECTION 9 - INDEMNITY, 10 – LIMITATION OF LIABILITY, AND 11 – GENERAL PROVISIONS, and any other applicable Additional Terms, which apply. Additionally, you expressly agree that the Infinite Parties have no responsibility or control over the content that you upload, post or otherwise transmit. You acknowledge that we may or may not (as determined in our sole discretion, and without an obligation to do so) review your content before you upload, modify, post or otherwise transmit it. You agree that you must evaluate and accept all risks associated with the use of any Services. 

Termination of Access.

We reserve the right at any time in our sole discretion, and without prior notice or liability to you or any third party, to modify, amend, restrict, suspend, deny or terminate your access or the access of all users to the Services. Termination of a license to use the Services does not constitute termination of these Terms and Conditions.

Other.

Equitable Relief. You agree that any breach of the terms will result in irreparable harm to the Infinite Parties for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, the Infinite Parties will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs or is threatened. 

No Agency. Nothing in these Terms shall be construed as creating a partnership, contract of employment, agency, joint venture or franchise relationship between you and Infinite. 

Waiver. Any express waiver or failure to exercise promptly any right under the terms will not create a continuing waiver or any expectation of non-enforcement. Any waiver of the terms must be in writing and signed by the party against whom enforcement of the waiver is sought. If any provision of the terms is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the terms will remain in full force and effect.

No Third Party Beneficiary. You acknowledge and agree that, except as otherwise expressly provided in the terms, there shall be no third party beneficiaries to this agreement or as a result of your use of the Services.