IBCONFORMITÉ LLC, INC.
TERMS OF USE
PLEASE CAREFULLY READ THESE TERMS OF USE (“TERMS”) BEFORE USING THIS WEBSITE. USE OF THIS WEBSITE INDICATES YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS OR ANY IBCONFORMITÉ LLC WEBSITE (“SITE” OR “WEBSITE”).
OWNERSHIP OF SITE; AGREEMENT TO TERMS OF USE
This Site is comprised of various Web pages owned and operated by IBConformité LLC, Inc. (“IBConformité” or the “Company”). IBConformité authorizes you to view and access the “Content” on the Site strictly in accordance with and subject to these Terms and the IBConformité LLC Privacy Policy (“Privacy Policy”). “Content” for the purposes of these Terms means the entire Content and materials accessible through the Site, including, without limitation, materials, information, artwork, graphics, photographs, images, text, databases, software, and data (including without limitation, reference designs and technical information).
Your use of a Site constitutes your agreement to these Terms and to the Privacy Policy. Except as expressly permitted under a written customer agreement with IBConformité (“Customer Agreement”) under which you qualify as an authorized user, you may not modify, reproduce, distribute, display, perform or otherwise use the Content for any public or commercial purpose, in any form or by any means, including, without limitation, electronic (including without limitation screen scraping), mechanical, photocopying, recording or otherwise without the permission of IBConformité or the copyright owner. For purposes of these Terms, any use of the Content on any other website or networked computer environment for any purpose is prohibited. Further, you are not permitted to decompile, reverse engineer, modify or prepare derivative works of the Content.
If you do not agree with the terms and conditions of these Terms and/or the Privacy Policy, do not use the Site. If you breach any of these Terms, the authorization granted to you to use the Site automatically terminates, and you must destroy any downloaded or printed Content immediately.
MODIFICATION OF THESE TERMS AND SITE
IBConformité reserves the right at its sole discretion, at any time, without notice, to change any terms, conditions and notices under which a Site is offered, including without limitation, these Terms. Such changes will be effective immediately upon posting on the Site. You should periodically refer to these Terms as your continued access to, and use of the Site after such changes indicates your acceptance of the Terms as modified.
IBConformité reserves the right at its sole discretion, at any time, without notice or liability, to change, update, suspend, limit, and/or discontinue any aspect of the Site and its Content, including without limitation, the availability of any feature and/or database.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Site, you represent and warrant to IBConformité and agree that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, and/or impair the Site or interfere with any other party’s use or enjoyment of the Site. You may not obtain or attempt to obtain any Content through any means not intentionally made available or provided for through the Site.
By way of example, and not limitation, you agree that, when visiting or using the Site, you will:
IBConformité LLC has no obligation to monitor use of its Site. However, IBConformité LLC reserves the right to review and remove any materials from the Site from any source in its sole discretion.
IBCONFORMITÉ LLC reserves the right to limit or terminate your access to any or all of its websites at any time without notice for any reason whatsoever in addition to all other rights and remedies.
IBConformité LLC reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in IBConformité LLC’s sole discretion and in accordance with IBConformité LLC’s Privacy Policy.
LINKS TO THIRD PARTY SITES
The Site may contain links to other third-party websites (“Linked Site(s)”). These Linked Sites are provided solely as a convenience to you. The Linked Sites are not under the control of IBConformité LLC, and IBConformité LLC is not responsible or liable for the Content and/or actions of any Linked Site, including, without limitation, the accuracy or availability of any Linked Site, the accuracy or availability of any products and/services offered though any Linked Site, any link contained in a Linked Site, or any changes or updates to a Linked Site. Any inclusion of a Linked Site on a Site does not imply endorsement by IBConformité LLC of the Linked Site, its resources, products, services, or its contents or any association with its sponsor or operator. Your access to, or use of, any Linked Site is at your sole risk, and you will need to make your own independent judgment regarding your interaction with these Linked Sites.
LINKING TO THIS SITE
All links to this Site must be approved in writing by IBConformité LLC, except that IBConformité LLC consents to links in which the link and the pages that are activated by the link do not: (a) create frames around any page of this Site or use other techniques that alter in any way the visual presentation of appearance of any content on this Site; (b) misrepresent your relationship with IBConformité LLC; (c) imply that IBConformité LLC approves or endorses you, your web site, or your service or product offerings; and (d) present false or misleading impressions about IBConformité LLC or otherwise damage the goodwill associated with the IBConformité LLC name or trademarks. As a further condition to being permitted to link to this Site, you agree that IBConformité LLC may at any time, in its sole discretion, terminate permission to link to this Site. In such event, you agree to immediately remove all links to this Site and cease using any IBConformité LLC trademark.
FEEDS AND POSTS
The Site may display feeds from the Company’s social media account, such as its Twitter, LinkedIn, Instagram, YouTube, or Facebook accounts, as well as feeds and/or posts from other third parties (including without limitation, bulletin boards, chat rooms, and other user forums), which contain Content that were not generated by IBConformité LLC. The person contributing such Content into the feeds and/or posts displayed on the Site is solely responsible for the Content. IBConformité LLC reserves the right to monitor, review, and edit or delete such Content but shall have no obligation to do so. IBConformité LLC shall have no liability or obligation whatsoever related to the Content of any user communications on such feeds and/or posts, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise.
PASSWORD AND USER NAME
Access to some content accessible from the Site now or in the future may be password controlled. By registering for an account, a password, and the right to use the protection portions of the Site, you are certifying that you are an authorized representative of your company with the right to bind your company to these Terms (and any additional terms required for access to password-controlled Content), that the user name and password are unique to you and/or your company, and that the information provided is true, accurate, current and complete (and, for as long as you continue to use your account, to update such information to keep it true, accurate, current, and complete). You are solely responsible for maintaining the confidentiality of your user name and password. You acknowledge and agree that you will be liable for losses incurred by IBConformité LLC as a result of the misuse of your user name, password or account and that IBConformité LLC will not be liable for any loss that you may incur as a result of someone else using your user name, password, or account, either with or without your knowledge.
INTELLECTUAL PROPERTY
1. Copyright:
Unless otherwise indicated, all Content on the Site is copyright protected by United States law and international treaties, and the copyright is held by IBConformité LLC or the original creator of the Content. IBConformité LLC also claims copyright in the look and feel attributes of the Site, as well as the selection, coordination, and arrangement of the Content. Except for any limited license that may be contained herein or otherwise granted under a Customer Agreement, you have no right to copy, distribute, reproduce, modify, display, and/or transmit Content from a Site. Permission to use the Content other than as authorized hereunder must be granted in writing by an authorized representative of IBConformité LLC prior to the use.
2. Trademarks and Service Marks:
Unless otherwise indicated as belonging to a third party, all marks associated with products or services on this Site are the property of IBConformité LLC. These marks may not be used or reproduced in whole or in part in any way without the express permission of IBConformité LLC and are subject to IBConformité LLC then-current Trademark Use Guidelines.
3. Confidential Information.
You may be given access to IBConformité LLC confidential information through this Site or links from this Site. You may not disclose IBConformité LLC confidential information to any third party without the written consent of IBConformité LLC. You must protect IBConformité LLC confidential information with at least the same degree of care that is accorded to your confidential information but in no event less than reasonable care. IBConformité LLC confidential information includes, but is not limited to – all non-public information regarding IBConformité LLC, its intellectual property or its products or services, any information marked as “confidential” or “proprietary” or similarly marked, or any information that, if disclosed, might be competitively detrimental to IBConformité LLC. You may enter into separate non-disclosure agreements with IBConformité LLC governing specific disclosures. To the extent the terms governing a specific disclosure are more restrictive than the terms in this paragraph, the more restrictive terms will control for the specific disclosure.
4. Other Intellectual Property Rights:
This Site and its Content may be protected by other forms of intellectual property or proprietary rights, such as patent and trade secret law. All rights in the Content not expressly granted herein are reserved, and IBConformité LLC reserves all rights to protect its intellectual property and proprietary rights to the fullest extent of the law.
DOWNLOADING SOFTWARE, DATABASES, AND OTHER CONTENT
There are inherent dangers in the use of any software, databases, or other Content available for download through the Internet, and IBConformité LLC cautions you to make sure you completely understand the potential risks before you download Content, such as potential infection of your system by computer viruses. If you download Content from the Site, use of such Content is subject to the terms of the applicable license agreement and these Terms. Any unauthorized use, transmission, distribution, reproduction, reverse engineering, modification of any Content, or use thereof for an illegal purpose or except as permitted in the applicable license and these Terms, is expressly prohibited. You are solely responsible for adequate protection and backup of your software, data, and equipment used in connection with any Content and assume all risks whatsoever associated with any access and/or use of Content.
PRODUCT AVAILABILITY; OTHER AGREEMENTS
Products and services referenced on or accessible through this Site may not be announced or available in your jurisdiction. Such references do not imply that IBConformité LLC intends to announce or make such products or services available in your jurisdiction. In addition, some IBConformité LLC products and services are subject to additional terms and conditions. To the extent that any provision of those additional terms and conditions conflict with these Terms, those additional terms and conditions shall prevail.
Products and services purchased from IBConformité LLC are subject to, and governed by, the then-current IBConformité LLC Terms and Conditions for the respective Product or Service.
USER SUBMISSIONS
IBConformité LLC does not want to receive confidential or proprietary information from you through this Site. Other than personally identifiable information (which is covered under the IBConformité LLC Privacy Policy), any material, information or other communications that you transmit or post to a Site, including without limitation, feedback, ideas, concepts, know-how, and techniques (“User Communications”) will be considered non‑confidential and non-proprietary. IBConformité LLC will have no obligations with respect to such User Communications. IBConformité LLC and its designees will be free to copy, disclose, display, distribute, reproduce, modify, incorporate, publicly perform and transmit such User Communications to others without limitation or compensation, and otherwise use in any manner, the User Communications and all data, images, sounds, text, and other things embodied therein, without any obligation or compensation to any party whatsoever, for any and all commercial or non-commercial purposes. Moreover, by sending IBConformité LLC any User Communications, you acknowledge and agree that all such User Communications shall be deemed the property of IBConformité LLC, and your submission of information shall constitute an assignment to IBConformité LLC of all worldwide rights, titles, and interest in such User Communications.
EMAIL FROM IBCONFORMITÉ LLC
IBConformité LLC may, from time to time, send you email. You acknowledge that such emails are sent with your consent and permission. If you do not wish to receive any promotional email from us, you can follow the opt-out direction set forth in such email.
LIABILITY DISCLAIMER
You agree to use the Site and its Content strictly at your own risk and that you are solely responsible for the Content of your communications, whether uploaded, posted, emailed or otherwise transmitted.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS OTHERWISE PROVIDED UNDER AN APPLICABLE CUSTOMER AGREEMENT, THE SITE AND ALL CONTENT, AND SERVICES PROVIDED ON OR THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND. IN PARTICULAR, IBCONFORMITÉ LLC DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS. IBCONFORMITÉ LLC FURTHER DOES NOT WARRANT THE QUALITY, VALIDITY, ACCURACY, OR COMPLETENESS OF THE CONTENT, OR SERVICES PROVIDED THROUGH THIS SITE, OR THAT THE FUNCTIONS CONTAINED ON THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS OR INACCURACIES WILL BE CORRECTED. THE CONTENT AND SERVICES MAY BE OUT OF DATE, AND IBCONFORMITÉ LLC MAKES NO COMMITMENT TO UPDATE THE CONTENT OR SERVICES AT THIS SITE OR TO MAKE ANY NOTIFICATION OF CHANGES. YOU ACKNOWLEDGE THAT YOUR USE OF ANY INFORMATION AVAILABLE THROUGH THIS SITE IS AT YOUR OWN RISK AND THAT IBCONFORMITÉ LLC MAY MAKE CHANGES TO THE PRODUCTS, SERVICES, OR PROGRAMS DESCRIBED ON THIS SITE AT ANY TIME AND WITHOUT NOTICE.
IN NO EVENT SHALL IBCONFORMITÉ LLC, ITS SUPPLIERS OR ANY THIRD PARTIES MENTIONED IN THIS SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL AND/OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, THOSE RESULTING FROM LOST PROFITS, LOST DATA, DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF GOODWILL OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF ANY USE OF THIS WEB SITE, ANY LINKED SITE, OR THE CONTENT, PRODUCTS, OR SERVICES, WHETHER CONTAINED OR ACCESSIBLE FROM THIS SITE OR ANY LINKED SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT IBCONFORMITÉ LLC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND ANY CONTENT. IF FOR ANY REASON THE FOREGOING LIMITATION IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE INVALID OR INAPPLICABLE UNDER THE CIRCUMSTANCE, YOU AGREE THAT IBCONFORMITÉ LLC’S TOTAL LIABILTIY FOR ALL DAMAGES, LOSSES, AND/OR CAUSES OF ACTION OF ANY KIND OR NATURE SHALL BE LIMITED TO ONE HUNDRED ($100) U.S. DOLLARS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. TO THE EXTENT THAT IBCONFORMITÉ LLC MAY NOT, AS A MATTER OF APPLIABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF IBCONFORMITÉ LLC’S LIABILITY SHALL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.
INDEMNIFICATION
You agree to indemnify and hold IBConformité LLC, its officers, directors, shareholders, employees, predecessors, successors in interest, agents, subsidiaries, and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against IBConformité LLC by any third party due to or arising out of or in connection with your use of the Site, the Content on or accessible from the Site, your breach of any terms or condition contained in these Terms or any other agreement applicable to any specific functions or areas of this Site, or your submission of information or materials to IBConformité LLC by any means, or from any person’s use of any account or password you maintain with IBConformité LLC or this Site, regardless of whether such use is authorized by you.
EXPORT COMPLIANCE
Content made accessible under these Terms or through this Site may be subject to United States export control laws and regulations. You may not use or export or re-export any Content or any copy or adaptation of such Content or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
ENGLISH LANGUAGE
These Terms of Use shall be exclusively interpreted in accordance with the English language with the meaning of its terms. Should a translation of these Terms deviate from the English language version, only the English language version shall apply and be binding.
VOID WHERE PROHIBITED
This Site is maintained, controlled, operated, and administered by IBConformité LLC from within the United States of America (“U.S”). Although the Site is accessible worldwide, IBConformité LLC makes no representation that the Content on the Site (including without limitation, all features, products, and/or services discussed, referenced, provided, or offered through or on the Site) are appropriate for use and/or available at locations outside of the U.S. Any access to the Site from countries where such Content or any other materials are illegal or prohibited, and any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative, and you are solely responsible for complying with applicable local laws and regulations.
GENERAL
To the maximum extent permitted by law, these Terms and the Privacy Policy are governed by the laws of the United States and the State of California, without giving effect to any principles of conflicts of law, and you hereby consent to the exclusive jurisdiction and venue of courts in the City and County of Santa Cruz, California, U.S.A. in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and IBConformité LLC as a result of this agreement or use of the Site. IBConformité LLC’s performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of IBConformité LLC’s right to comply with governmental, court or law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by IBConformité LLC with respect to such use. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. IBConformité LLC’s failure to insist on or enforce strict performance of these Terms shall not be construed as a waiver by IBConformité LLC of any provision or any right it has to enforce these Terms, nor shall any course of conduct between IBConformité LLC and your or any other party be deemed to modify any provision of these Terms. Unless otherwise specified herein, these Terms and the Privacy Policy constitute the entire agreement between the user and IBConformité LLC with respect to the Site and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and IBConformité LLC with respect to the Site. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
QUESTIONS
If you have any questions about these Terms, please contact us at:
IBConformité LLC, Inc.
Last Updated: December 4, 2021