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Terms of Use

Welcome to the InterFACE website (“InterFACE”). These are the terms and conditions that constitute the official Terms of Use (“Terms of Use”) between you (“you”, “your” and “yours”) and InterFACE (“we”, “our” or “us”) that apply to your use of our Website and the services, features and functions (collectively, the “Service(s)”) that are offered and made available on, through or using our Website. We will use the term “Website” or “Websites” to mean and include the primary InterFACE website on the World Wide Web at http://www.interfacenetwork.com, as well as any and all equivalent, mirror, replacement, substitute or backup websites and all web pages in any of our Websites.

When you use or take advantage of any features or functions of our Website or Website Services or participate or engage in activities or transactions we make available in connection with our Website or Website Services, you are also confirming your agreement to be bound by and comply with any and all of the additional terms and conditions that we indicate apply to you in doing or attempting to do those things (referred to individually and collectively, as “Additional Terms”). Our Privacy Policy, as well as any Additional Terms that apply to you, are all part of these Terms of Use and form a part of your agreement with us regarding the Website and Website Services.

These Terms of Use do not cover any other services, websites, web pages, transactions, relationships, activities or other things, nor any transactions or relationship you may have with any of our, suppliers, advertisers, licensors, operational service providers, promotional partners, sponsors, Professional Members (as defined below) or any other person, firm or enterprise, unless specifically stated. These Terms of Use do not cover your rights or responsibilities with respect to third party content or any links that may direct your browser or your connection to third party sites or pages, even if they appear on our Website and you should refer to the terms of use and privacy policies that apply to these third parties since they, not us, are responsible for them. These Terms of Use do not apply to any services, transactions, relationships, activities or other things, nor any transactions or relationship you may have with affiliates of InterFACE that are unrelated to the use of this Website.

The words “use” or “using” means any time you, or any other individual, directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with use, display, view, print or copy from the Website or the Website Services, transmit, receive or exchange data or communicate with the Website or the Website Services, or in any way utilizes, benefits, takes advantage of or interacts with any function or feature of the Website or the Website Services, for any purpose whatsoever. Anyone using our Website or Website Services, including you, may also be referred to as a “user.”

The Website and Website Services are only available to: (i) users who are older than 18 years of age (or the applicable age of majority in your place of residence) provided they consent to these Terms of Use, and (ii) users who are younger than 18 years of age (or the applicable age of majority in your place of residence) only if such user’s parent(s) or legal guardian(s) consent to the user’s use of the Website or Website Services and the parent(s) or legal guardian(s) agree to these Terms of Use. If you are a parent or legal guardian registering on behalf of a minor you are agreeing to be fully responsible for the minor, comply with and enforce compliance with these Terms of Use. If you are a parent and do not agree with these Terms of Use, do not register, allow or condone your minor to use the Website or any Website Services. If you are a minor, by using our Website or Website Services, you are certifying to us you have your parent’s consent to use our Website or Website Services and agree to be bound by and comply with these Terms of Use.

Please be advised that we may amend these Terms of Use at any time by posting the amended terms on our Website. The amended terms and conditions shall be automatically effective immediately after they are posted on our Website.

1. PROPRIETARY RIGHTS; CONTENT AND SUBMISSIONS

(a) “Content” refers to all content, music, audio, video, audio-visual, text, graphics, artwork, illustrations, images, photographs, data, information, databases, designs, other proprietary information and materials and all copyrightable or otherwise legally protectible elements of the Website and/or the Website Services, tangible or intangible, including, without limitation, the selection, sequence, ‘look and feel’ and arrangement of items, as well as all copyright and other rights in Marks or other intellectual property which you may encounter, are provided by, available from, or for your use in connection with our Website and Website Services. We use the term “Marks” to refer to trademarks, service marks, logos, brands and brand names, trade dress and trade names and all other distinctive identification. Marks that are not our property are used with permission. You will not alter, delete, obscure or conceal any copyright or other notices, nor will you reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate or use any Content in violation of these Terms of Use, without our express written consent.

(b) Content is either our property or owned by our users, members, Professional Members, licensors, suppliers, operational service providers, advertisers, business or promotional partners or sponsors and is legally protected, without limitation, under U.S. Federal and State, as well as applicable foreign laws, regulations and international treaties. We make no representations about the accuracy, reliability, completeness, or timeliness of any Content or the results to be obtained from using our Service and you expressly agree that your use of our Service is solely at your own risk. You agree that all of these entities are third-party beneficiaries under these Terms of Use and both we and they can protect our respective rights and enforce these Terms of Use against you.

2. MEMBER CONDUCT

Your use of our Website and Website Services is subject to all applicable local, provincial, state, national and international laws and regulations and international treaties. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your email address, account or user ID. The following is a non-exclusive list of prohibited uses and content:

(a) any use of copyrighted, trademarked, patented, or other material protected by the intellectual property rights of a third party without the express permission of the author or owner, the commission of any acts of copyright, trademark or any other intellectual property infringement, or contributing to, inducing, or facilitating such infringement; this prohibition includes all forms of software piracy;

(b) violating any laws, regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the United States), judicial or governmental order, any treaties or violate or infringe upon any intellectual property rights, rights of publicity or privacy or any other rights of ours or of any other person, firm or enterprise;

(c) the collection, storage, compilation, gathering, transmission, reproduction, deletion, revision, viewing or displaying of any material or information, whether personally identifiable or not, posted by or concerning any other person, firm or enterprise, in connection with their or your use of our Website or Website Services unless you have obtained the express, prior permission of such other person, firm or enterprise to do so;

(d) impersonating any person or entity, including, but not limited to, a InterFACE official, forum leader, guide or host, or misrepresentation of your affiliation with a person or entity;

(e) using your web page (or directory) as storage for remote loading or as a door or signpost to another web page, whether inside or beyond InterFACE and its affiliates;

(f) taking any action, which imposes an unreasonable or disproportionately large load on the Website’s infrastructure;

(g) if you have a password allowing access to a non-public area of the Website, disclosing to or sharing your password with any third parties or using your password for any unauthorized purpose;

(h) notwithstanding anything to the contrary contained herein, using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Website other than the search engine and search agents available from InterFACE on this Website and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer);

(i) attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Website; or

(j) reproducing, duplicating, copying, selling, renting, reselling or otherwise exploiting any portion of the Website or Website Services, use of the Website or Website Services or access to the Website or Website Services.

3. NO GUARANTEE OF SERVICE

InterFACE provides its Website Services on a commercially reasonable basis and does not guarantee that users and/or users will be able to access or use the Website Services at times or locations of their choosing. Specifically InterFACE reserves the right at any time to modify or discontinue temporarily the Service (or any part of the Service) with or without notice. You agree that InterFACE should not be liable to you or to any third party for any modification; suspension or discontinuance of the service and no refund shall be given in any event, including any of the circumstances described in this Section 3.

4. ADVERTISEMENTS AND PROMOTIONS

(a) InterFACE runs advertisements and promotions on InterFACE sites. By accessing the Website, you agree that InterFACE has the right to run such advertisements and promotions in a manner and with such frequency that is subject to change. Your dealings with the advertisers and their promotions found on or through the Website including payment and delivery of related goods or services are solely between you and the advertiser. You agree that InterFACE should not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.

5. THIRD PARTIES; LINKS

LINKS The display of URLs, hypertext links anywhere on our Website or any other form of re-direction of your connection to, with or through our Website (‘links’) is not an endorsement, nor do we have any obligation, responsibility or liability resulting from any links. We do not verify or have any responsibility for any other parties or websites (including their privacy policies) or for any of their goods or services even if we separately have a marketing, advertising or other promotional arrangement with them. If a third party obtains information from or about you, we have no responsibility or liability for their conduct or activities. Our Privacy Policy describes how we collect and use Personal Information that we obtain from you.

INTERFACE IS NOT RESPONSIBLE FOR ANY REPRESENTATIONS OR WARRANTIES MADE BY ANY OTHER PERSON, INCLUDING, BUT NOT LIMITED TO, PROFESSIONAL MEMBERS OR AFFILIATES OF INTERFACE.

6. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

OUR WEBSITE AND WEBSITE SERVICES ARE MADE AVAILABLE “AS IS” AND “AS AVAILABLE”, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE WEBSITE OR WEBSITE SERVICES WILL BE AVAILABLE OR PERFORM AS DESCRIBED. WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ALL WARRANTIES OF TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.

WE ARE ALSO NOT LIABLE FOR ANY MALICIOUS CODE, DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF OUR WEBSITE OR WEBSITE SERVICES. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOU ARE ASSUMING THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, PERFORMANCE, TIMELINESS, ADEQUACY, COMPLETENESS, CORRECTNESS, AUTHENTICITY, SECURITY AND VALIDITY OF ANY AND ALL FEATURES AND FUNCTIONS OF OUR WEBSITE AND/OR WEBSITE SERVICES.

YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER WE NOR OUR PARENT, SUBSIDIARIES, AFFILIATES, SUCCESSORS OR ASSIGNS NOR OUR OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, ADVERTISERS, SPONSORS, BUSINESS OR PROMOTIONAL PARTNERS, OPERATIONAL SERVICE PROVIDERS OR SUPPLIERS, SHALL, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR ANY CLAIM, LOSS OR DAMAGE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, ANY AND ALL COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER AND IF APPLICABLE, YOUR REGISTRATION, YOUR ACCOUNT, MEMBERSHIP, ANY PROMOTIONS, PRODUCTS OR OTHER FEATURES, FUNCTIONS, TRANSACTIONS OR ACTIVITIES ASSOCIATED WITH OR ARISING FROM OR THROUGH OUR WEBSITE OR WEBSITE SERVICES, REGARDLESS OF THE FORM OF THE ACTION, THE LEGAL THEORY OR THE BASIS OF THE CLAIM AND WHETHER OR NOT ANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF ANY LIMITATION ON REMEDIES, DAMAGES OR LIABILITY IS PROHIBITED OR RESTRICTED BY LAW, WE SHALL REMAIN ENTITLED TO THE MAXIMUM DISCLAIMERS AND LIMITATIONS ON REMEDIES, DAMAGES AND LIABILITY AVAILABLE AT LAW AND IN EQUITY. IN SUCH SITUATION, HOWEVER, IN NO EVENT SHALL OUR LIABILITY TO YOU FOR DAMAGES OR OTHERWISE EXCEED ONE HUNDRED DOLLARS (US$100), NOTWITHSTANDING ANY CLAIM THAT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF CERTAIN WARRANTIES OR CERTAIN LIMITATIONS ON DAMAGES AND REMEDIES, ACCORDINGLY SOME OF THE EXCLUSIONS AND LIMITATIONS DESCRIBED IN THIS AGREEMENT MAY NOT APPLY TO YOU.

Our Website has a finite, and therefore limited, capacity and so some downloads, messages and transmissions may not be processed in a timely fashion or at all, and some features or functions may be restricted or delayed or become inoperable. You acknowledge and agree we assume no liability, responsibility or obligation to transmit, process, store, receive or deliver downloads, transactions, messages, transmissions, postings or any of your information or communications or for any failure or delay. Do not rely on the timeliness or performance of our Website for any transactions, transmissions, messages, information or other communications.

7. NOTICE

Notices to you may be made via either email or regular mail at the addresses listed below. We may also provide notices of changes to these Terms of Use or other matters by displaying notices or links to notices to you generally on the Website.

8. MISCELLANEOUS

These Terms of Use constitutes the entire agreement between you and InterFACE with respect to the subject matter hereof and governs your use of the service, superseding any prior agreements between you and InterFACE (including, but not limited to any prior versions of the Terms of Use). You may also be subject to additional terms and conditions that may apply when you use affiliated services, third-party content or third-party software. The Terms of Use and the relationship between you and InterFACE shall be governed by the laws of the State of New Jersy without regard to its conflict of law provisions. The failure of InterFACE to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the 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. You agree that your account is non-transferable and any rights to your account or contents within same terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the service or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.

9. VIOLATIONS

Please report any violations of the Terms of Use to InterFACE via email at TOU@interfacenetwork.com

These Terms of Use were last updated on November 2013.