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Condition of Use
By clicking on "Accept" and by having access to and/or using this website (the "IGSA, LLC Website"), you represent and warrant to IGSA, LLC ("IGSA, LLC") that you have read, understand and agree to be bound by these Conditions of Use and that you agree to comply with the terms and conditions contained therein without any limitation or qualification. If you do not agree to these Conditions of Use, you cannot use the IGSA, LLC Website. Please read these conditions carefully before using the IGSA, LLC Website:
1. DISCLAIMER. THE IGSA, LLC WEBSITE AND ALL SERVICES PROVIDED BY THE IGSA, LLC WEBSITE TO CUSTOMERS AND OTHERS WHO VISIT THE IGSA, LLC WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL DATA AND CONTENT ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTIES OF ANY KIND. IGSA, LLC, ITS AFFILIATES, AND THEIR RESPECTIVE THIRD PARTY AGENTS AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. NOTWITHSTANDING ANY PROVISION CONTAINED HEREIN TO THE CONTRARY, IGSA, LLC, ITS AFFILIATES AND THEIR RESPECTIVE THIRD PARTY AGENTS AND SUPPLIERS MAKE NO REPRESENTATION, WARRANTY OR COVENANT CONCERNING THE ACCURACY, COMPLETENESS, SEQUENCE, TIMELINESS OR AVAILABILITY OF THE IGSA, LLC WEBSITE OR ANY INFORMATION OR CONTENT POSTED ON OR OTHERWISE ACCESSIBLE VIA THE IGSA, LLC WEBSITE. YOU ACCEPT FULL RESPONSIBILITY FOR ANY TRANSACTIONS MADE BY YOU AND/OR YOUR AUTHORIZED USERS USING THE IGSA, LLC WEBSITE. NO SALES PERSONNEL, EMPLOYEES, AGENTS OR REPRESENTATIVES OF IGSA, LLC, ITS AFFILIATES OR ANY THIRD PARTY AGENTS AND SUPPLIERS ARE AUTHORIZED TO MAKE ANY REPRESENTATION, WARRANTY OR COVENANT ON BEHALF OF IGSA, LLC, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE THIRD PARTY AGENTS AND SUPPLIERS. ACCORDINGLY, ADDITIONAL ORAL STATEMENTS DO NOT CONSTITUTE WARRANTIES, SHOULD NOT BE RELIED UPON AND ARE NOT PART OF THIS AGREEMENT. NEITHER IGSA, LLC, ITS AFFILIATES NOR ANY OF ITS THIRD PARTY AGENTS AND SUPPLIERS REPRESENT, WARRANT OR COVENANT THAT THE IGSA, LLC WEBSITE WILL BE SECURE, UNINTERRUPTED OR ERROR FREE. YOU EXPRESSLY AGREE THAT USE OF THE IGSA, LLC WEBSITE IS AT YOUR SOLE RISK AND THAT IGSA, LLC, ITS AFFILIATES, AND THEIR THIRD PARTY AGENTS AND SUPPLIERS SHALL NOT BE RESPONSIBLE FOR ANY TERMINATION, INTERRUPTION OF SERVICES, DELAYS OR ERRORS IN THE IGSA, LLC WEBSITE.
2. LIMITATION OF LIABILITY. IGSA, LLC, ITS AFFILIATES AND THEIR THIRD PARTY AGENTS AND SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF USE, TRANSACTION LOSSES, OPPORTUNITY COSTS, INTERRUPTION OF BUSINESS OR COSTS OF PROCURING SUBSTITUTE GOODS) RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATING TO THE IGSA, LLC WEBSITE OR DISRUPTION THEREOF, REGARDLESS OF THE FORM OF THE CLAIM OR ACTION, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, STATUTE OR OTHERWISE, AND REGARDLESS OF WHETHER OR NOT SUCH DAMAGES WERE FORESEEN, UNFORESEEN OR FORESEEABLE, EVEN IF IGSA, LLC, ITS AFILIATES OR THEIR THIRD PARTY AGENTS AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION TO THE FOREGOING, IGSA, LLC, ITS AFFILIATES AND THEIR THIRD PARTY AGENTS AND SUPPLIERS SHALL NOT BE LIABLE TO ANY PARTY FOR ANY DIRECT DAMAGES RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATING TO THE IGSA, LLC WEBSITE OR DISRUPTION THEREOF, REGARDLESS OF THE FORM OF THE CLAIM OR ACTION, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, STATUTE OR OTHERWISE.
3. GOVERNING LAW; EXCLUSIVE JURISDICTION. This Agreement, and all the rights and duties of the parties arising from or relating in any way to the IGSA, LLC Website shall be governed by, construed and enforced in accordance with the laws of the State of Ohio (excluding any conflict of laws provisions of the State of Ohio which would refer to and apply the substantive laws of another jurisdiction). Any suit or proceeding relating to the IGSA, LLC Website, including arbitration proceedings, shall be brought in the courts, state and federal, located in or having jurisdiction over Cuyahoga County, Ohio. YOU HEREBY CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION AND VENUE OF THE COURTS, STATE AND FEDERAL, LOCATED IN OR HAVING JURISDICTION OVER CUYAHOGA COUNTY, OHIO.
4. INTELLECTUAL PROPERTY RIGHTS. The registered and non registered trademarks and copyrights of IGSA, LLC, and all data, software, text, typefaces, graphics, logos, button icons, images, interfaces audio clips, designs, illustrations, configurations, displays, screens, concepts and other materials and information appearing on, displayed in connection with, embodied in, or contained within or relating to the IGSA, LLC Website (such as the selection and arrangement of materials therein and the "look and feel" thereof) (collectively, "IGSA, LLC Intellectual Property"), are the exclusive property of IGSA, LLC and its third party licensors and are protected by applicable laws. Any use not expressly authorized in writing by IGSA, LLC, including, without limitation, the reproduction, modification, distribution, transmission, republication, display, removal or deletion of IGSA, LLC Intellectual Property on the IGSA, LLC Website, in whole or in part, is strictly prohibited. Nothing contained herein shall be construed as conferring to you in any manner, whether by implication, estoppel or otherwise, any license, title or ownership of or to any IGSA, LLC Intellectual Property. You may not upload, post, reproduce, copy, translate, alter, modify, create derivative works of or distribute, in any way, IGSA, LLC Intellectual Property, without obtaining prior written permission from IGSA, LLC. IGSA, LLC Intellectual Property made available on or through the IGSA, LLC Website may not be used in connection with any product or service that is different than the product or service with which it is related to on the IGSA, LLC Website or in any manner that is likely to cause confusion among customers, disparages or discredits IGSA, LLC or a third party or diminishes the value of IGSA, LLC Intellectual Property. IGSA, LLC represents, and based on such representation, you expressly acknowledge that, IGSA, LLC Intellectual Property: (a) has been developed and prepared by IGSA, LLC and its third party licensors through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, money and effort; (b) contains trade secrets of IGSA, LLC and its third party licensors; (c) is protected by applicable Laws; and (d) constitutes valuable property of IGSA, LLC and its third party licensors. You further agree that unauthorized copies or disclosure of IGSA, LLC Intellectual Property will cause great damage to IGSA, LLC and its third party licensors, which damage far exceeds the value of the information involved.
5. NON-TAMPERING. You will not modify or tamper in any way with the IGSA, LLC Website including, without limitation, any software, look and feel or functionality thereof;
6. LINKS TO THIRD PARTY WEBSITES. The IGSA, LLC Website may provide links or references to other sites. IGSA, LLC has no responsibility for the content of these other sites, does not make any representations or give any warranties with respect to any information contained at or made available through these other sites, and shall not be liable for any damages or injury arising from the content of these other sites. IGSA, LLC does not endorse companies, products or the trading exchanges to which it has provided links. Any links to other sites and trading exchanges are provided merely as a convenience to you and, if you decide to access any of the third party sites and trading exchanges linked to the IGSA, LLC Website, you do so entirely at your own risk. IGSA, LLC reserves the right to terminate any link(s) or linking program(s) at any time. IGSA, LLC does not endorse the individuals, companies, trading exchanges or other similar entities, or any products or materials associated with such individuals, companies, trading exchanges or other similar entities, that provide a link to the IGSA, LLC Website at their sites. You agree not to: (a) provide or create a link to the IGSA, LLC Website; and (b) create any frames at any other sites pertaining to any of the content located at the IGSA, LLC Website. You must contact IGSA, LLC, as follows, in order to seek the necessary prior written approval for linking to the IGSA, LLC Website:
1-877-514-8834
7. UPDATES. The content published on the IGSA, LLC Website may include technical inaccuracies or typographical errors. Changes may be made periodically and at any time to the content. IGSA, LLC may also make improvements and/or changes in the services and/or the programs or policies of the IGSA, LLC Website at any time without notice. Additionally, IGSA, LLC shall have the right to revise these Conditions of Use at any time.