You (the “User”) are invited to read these Legal Terms and Conditions (“Legal Terms”). By accessing and using the services available on www.intigrow.com (“the Website”), you agree to be bound by these Legal Terms as if you had signed them. In case of disagreement with these Legal Terms, do not access or use this Website.
You hereby acknowledge and agree as follows:
INDU, LLC (“intiGrow”) is the owner of the Website accessible at www.intigrow.com These Legal Terms defines the contractual agreement between INDU, LLC and each user accessing and/or using the Website.
- RIGHT OF USE
INDU, LLC grants to the User a worldwide non-exclusive and non-transferable right of use of the Website for the duration of the Legal Terms.
The User has the right to download, view, copy and print any Website elements for its own and private use only. User may not modify, transfer, sell, reproduce, broadcast, sub-license or publish any of the Website elements.
No license and no right other than the right of site viewing is granted to any person in respect of intellectual property rights. Reproduction of Website elements is authorized solely for informative purposes and for personal private use; any use of the Website for other purposes is expressly forbidden.
All corporate names, logos and trademarks mentioned on the Website belong to INDU, LLC. They may not be used without the prior agreement of INDU, LLC.
The User who provides information to INDU, LLC authorizes the latter to make use thereof as it deems fit. The information provided by Users will be considered as non-confidential and must respect the conditions set forth in article 5.
Accordingly, the User grants for the duration of the Legal Terms to INDU, LLC a non-exclusive and non-transferable worldwide right the right to reproduce, digitally represent and publish the elements remitted to INDU, LLC and giving rise to intellectual property rights as well as all distinctive signs such as trademarks and logos.
These Legal Terms and their future amendments shall remain valid as long as they remain on the Website.
- WEBSITE SERVICES
The Website is available 24 hours a day, 7 days a week.
INDU, LLC may perform all modifications of the Website services it deems necessary and any use of the Website by the Users after said modifications will be considered as an acceptance by the User of the modified services available on the Website.
INDU, LLC reserves the right to occasionally interrupt the Website services without justification or to suspend as a matter of right and for any reason whatsoever, at any time without prior notice, access for its Users to the Website and its services. INDU, LLC disclaims any liability for the possible consequences of such interruptions or suspensions.
- PROVISION OF DATA BY USERS
The User warrants that the information, data and any other elements that may be provided by it on the Website are true, accurate, current, complete and decent. User further warrants that it is authorized to provide such information, data and elements and that said data, information and elements provided on the Website are not subject to any third party rights and, in particular, are not infringing upon any third party pre-existing right. Should it be the case the User shall indemnify and hold INDU, LLC harmless from any claims complaints, objections, and oppositions arising from and in relation to such infringement.
The User also warrants INDU, LLC against any actionable tort claim from all persons relating to the erroneous nature or deceitful information posted on the Website under its responsibility.
The User is precluded from using the Website and functionalities for unintended use or placing a virus on the Website through documents or programs or in any manner whatsoever that may damage, interfere with or copy any software, data or information of the Website.
The Website is provided by INDU, LLC on an «as is» basis. INDU, LLC makes no warranties whatsoever and disclaims all warranties express or implied including without limitation warranties of merchantability, title or fitness for any particular purpose, non-infringement, compatibility, security and accuracy.
- NO LIABILITY
In no event shall INDU, LLC be liable to any User or to any third party under any applicable law, for any damage of any kind such as but not limited to any indirect and/or consequential damages, incidental or special damages including loss of data, loss of contract, loss or prejudice to the business reputation either arising from any User’s act or resulting of a defective performance of the service supplied by the Website, any commercial disorder of any kind, as well as for any financial loss including loss of profits, loss of turnover, regardless of the form of action or legal theory under which the liability may be asserted.
INDU, LLC, its information suppliers and service suppliers (and in particular its hosting services provider) shall not be held liable for the broadcasting of any erroneous information or for any delay or failure in the broadcasting of any information on the Website or for any temporary interruption of the Website service due to the necessary technical intervention including, without limitation, the intervention of a telecommunications operator, for any delays in services due directly or indirectly to electronic or mechanical failures, telecom or interconnections problems which would affect Website Users .
INDU, LLC, its information suppliers and service suppliers (and in particular its hosting services provider) shall not be liable for damaging consequences resulting from irregular or fraudulent use of the Website offered services nor for damaging consequences resulting from an unauthorized third party.
User waives any right to make any claim against INDU, LLC for any damage, costs, expenses and the like based on any misunderstanding or lack of knowledge arising out of any of the legal terms or the use of the Website functionalities.
The provisions of this section shall survive any termination of these legal terms.
- USER’S LIABILITY
In addition to the provisions already stipulated under these Legal Terms, the User shall indemnify and hold INDU, LLC harmless against any actionable tort claim from all persons relating to the erroneous nature or deceitful information posted on the Website.
User agrees to indemnify and hold INDU, LLC, its officers, directors, employees, agents and representatives harmless from and against any claims, demands, suits for any liability, costs, damages, penalties and expenses brought by or on behalf of any person which arise or are likely to arise out of these Legal Terms or the User’s access or use of the Website howsoever caused.
If one or several of the provisions of the Legal Terms are held to be unenforceable or invalid or are declared as such by application of a law, regulation or a final decision of a court of competent jurisdiction, the other provisions shall remain in full force and effect.
In the case of difficulty in the interpretation of the clause headings and the contents of any of these clauses, the headings will be declared nonexistent.
- GOVERNING LAW
The Legal Terms are governed by the laws of USA.
- SETTLEMENT OF DISPUTES
All disputes arising out of or in connection with the present legal terms shall be finally settled under the rules of arbitration of the international chamber of commerce by three arbitrators appointed in accordance with the said rules.
Arbitration award shall be final and binding on the parties. Arbitration tribunal shall take place in Duluth, Georgia, USA.