TERMS AND CONDITIONS OF USE AGREEMENT
THIS PAGE STATES THE TERMS AND CONDITIONS UNDER WHICH YOU MAY USE THIS INTERNET SITE. PLEASE READ THIS PAGE CAREFULLY. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS STATED HERE, YOU MAY NOT, AND ARE NOT AUTHORIZED TO, USE THIS SITE. INTEGRATED BIOMETRICS, INC. MAY REVISE THESE TERMS AND CONDITIONS AT ANY TIME BY UPDATING THIS POSTING. YOU SHOULD VISIT THIS PAGE PERIODICALLY TO REVIEW THE TERMS AND CONDITIONS BECAUSE THEY ARE BINDING ON YOU WHEN YOU USE THIS SITE.
- Limited License to Use. Integrated Biometrics, Inc. hereby
grants you a limited, non-exclusive, non-assignable and non-transferable license
to access and use this web page and all public pages of the integratedbiometrics.com
Website (the "Internet Site") operated by Integrated Biometrics,
Inc., and expressly conditioned upon, your agreement that all such access
and use shall be governed by all of the terms and conditions set forth in
this Terms and Conditions of Use Agreement (this "Agreement"). You
hereby acknowledge and agree as follows:
- The Internet Site. The
term Internet Site shall be deemed to include all areas, pages and any subscription
or any other software, product, service, plan, data, or information provided
by Integrated Biometrics, Inc. or third-parties (collectively referred to
herein as "Information") on the Internet Site. From time to time,
Integrated Biometrics, Inc. may display or allow third parties to display
Information on the Internet Site. Integrated
Biometrics, Inc. does not guarantee the availability, accuracy or reliability
of any such Information or endorse the products or services of any third party.
Integrated Biometrics, Inc. shall not be liable, directly or indirectly, for
any loss or damage arising out of your use or reliance upon any of the Information
or the products featured on the Internet Site, regardless of whether the Information
was created by Integrated Biometrics, Inc. or a third party.
- Ownership and Use.
You may not alter or obscure any copyright, legal or proprietary notices
in or on any portions of the Information. Integrated Biometrics, Inc.'s Internet
Site and its associated logos, and all page headers, marks, trade names, custom
graphics, buttons, and icons on the Internet Site are service marks, trademarks,
or copyrighted materials of Integrated Biometrics, Inc. or its licensors.
You may store in the memory of your computer and may manipulate, analyze,
reformat, print and/or display Information received or accessed through the
Internet Site. You agree to use the Internet Site and Information for
lawful purposes only. You agree not to post or transmit any information through
the Internet Site which (1) infringes the rights of others or violates their
privacy or publicity rights, (2) is unlawful, threatening, abusive, vulgar,
obscene, profane, indecent or otherwise objectionable, without the express
permission of the owner of such right. You shall be solely liable for any
damages resulting from any infringement of copyright, trademark or other proprietary
right, or any other harm resulting from any uploading, posting or submission.
You hereby grant to Integrated Biometrics, Inc. perpetual, irrevocable, non-exclusive
right and license to use, reproduce, modify, adapt, publish, translate, create
derivative works from, distribute, perform and display any message posted
on the Internet Site or any e-mail sent by you to Integrated Biometrics, Inc.
or the Internet Site (in whole or in part) and to incorporate it in
other works in any form, media or technology now known or later developed.
Integrated Biometrics, Inc. may add, withdraw or modify
Information within the Internet Site or services provided through the Internet
Site at any time in its sole discretion. You agree to review the terms and conditions
of this Agreement periodically to be aware of such revisions.
- Linking. You may not
link to any page within the Internet Site without the prior written authorization
of Integrated Biometrics, Inc.. You may not use any of Integrated Biometrics,
Inc.'s or its licensor's proprietary logos, marks, or other distinctive graphics,
video, or audio material in your links. You may not link in any manner reasonably
likely to 1) imply affiliation with or endorsement or sponsorship by Integrated
Biometrics, Inc.; 2) cause confusion, mistake, or deception; 3) dilute Integrated
Biometrics, Inc. or its licensor's trademarks, service marks or other intellectual
property; or 4) otherwise violate state or federal law.
- Delays in Services. Neither
Integrated Biometrics, Inc. nor any of its licensors (including its and their
partners, officers, directors, employees, affiliates, agents, representatives
or subcontractors) shall be liable for any loss or liability resulting, directly
or indirectly, from delays or interruptions due to electronic or mechanical
equipment failures, telephone interconnect problems, defects, weather, strikes,
walkouts, fire, acts of God, riots, armed conflicts, acts of war, or other
like causes. Integrated Biometrics, Inc. shall have no responsibility to provide
you access to the Internet Site.
- Monitoring. You acknowledge
that Integrated Biometrics, Inc. reserves the right to, and may from time
to time, monitor any and all information transmitted or received through the
Internet Site. Integrated Biometrics, Inc., in its sole discretion and without
further notice to you, may (but is not obligated to) review, censor or prohibit
the transmission or receipt of any Information which Integrated Biometrics,
Inc. deems inappropriate (such as that specified in Section 3) or that violates
any term or condition of this Agreement. During monitoring, information may
be examined, recorded, copied, and used for authorized purposes. Use of this
Internet Site, authorized or unauthorized, constitutes consent to such monitoring.
Unauthorized uses and unauthorized users of the Internet Site will be prosecuted
to the full extent of the law.
- Equipment and Operation.
You shall provide and maintain all telephone and other equipment necessary
to access the Internet Site, and the costs of any such equipment and/or telephone
connections or use, including any applicable taxes, shall be borne solely
by you. You shall reimburse Integrated Biometrics, Inc. for any such costs
incurred by Integrated Biometrics, Inc. due to use of the Internet Site by
you; such reimbursement shall be billed to you and payable to Integrated Biometrics,
Inc. within 10 days of receipt of the bill. You are responsible for operating
your own equipment and for familiarity with the Information used with or available
through the Internet Site. Integrated Biometrics, Inc. reserves the right
to refuse assistance or to charge additional fees if you seek assistance from
Integrated Biometrics, Inc. with respect to such Information or any other
matters not directly relating to the operation of the Internet Site.
- Limited Warranty and Liability.
You acknowledge that the Information and links provided through the Internet
Site are compiled from sources, which are beyond the control of Integrated
Biometrics, Inc.. Though such Information is recognized by the parties to
be generally reliable, the parties acknowledge that inaccuracies may occur
and Integrated Biometrics, Inc. and its licensors do not warrant the accuracy
or suitability of the Information. FOR THIS REASON, YOU ACKNOWLEDGE AND
AGREE THAT THE INTERNET SITE AND INFORMATION IS PROVIDED TO YOU ON AN "AS
IS, WITH ALL FAULTS" BASIS. INTEGRATED BIOMETRICS, INC. AND ITS LICENSORS
EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS, ORAL, IMPLIED,
STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR
PURPOSE, ANY IMPLIED WARRANTY OF MERCHANTABILITY, ANY WARRANTIES ARISING BY
VIRTUE OF CUSTOM OF TRADE OR COURSE OF DEALING AND ANY IMPLIED WARRANTIES
OF TITLE OR NON-INFRINGEMENT. FURTHER, INTEGRATED BIOMETRICS, INC. AND ITS
LICENSORS DO NOT REPRESENT OR WARRANT THAT THE INTERNET SITE OR THE INFORMATION
WILL MEET YOUR REQUIREMENTS OR ARE SUITABLE FOR YOUR NEEDS. Under this
Agreement, you assume all risk of errors and/or omissions in the Information,
including the transmission or translation of Information. You assume full
responsibility for implementing sufficient procedures and checks to satisfy
your requirements for the accuracy and suitability of the Information and
for maintaining any means, which you may require for the reconstruction of
lost data or subsequent manipulations or analyses of the Information provided
under this Agreement. YOU AGREE THAT INTEGRATED BIOMETRICS, INC. AND ITS
LICENSORS (INCLUDING ITS AND THEIR PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES,
AFFILIATES, AGENTS, REPRESENTATIVES OR SUBCONTRACTORS) SHALL NOT IN ANY EVENT
BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT
OF THE USE OR INABILITY TO USE THE INTERNET SITE OR THE INFORMATION FOR ANY
PURPOSE WHATSOEVER.
- Viruses. You acknowledge
and agree that Integrated Biometrics, Inc. will use reasonable efforts to
assure that no viruses or programs with similar functions operate on, or are
passed through the Internet Site or the Information. However, you hereby assume
all responsibility (and thereby hold Integrated Biometrics, Inc. harmless),
by whatever means you deem most appropriate for your needs for detecting and
eradicating any virus or program with a similar function.
- FTC Notice. SOME STATES DO
NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION
OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL
RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
- Indemnification. YOU
AGREE TO AND SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS INTEGRATED BIOMETRICS,
INC. AND ITS LICENSORS (INCLUDING ITS AND THEIR PARTNERS, OFFICERS, DIRECTORS,
EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES OR SUBCONTRACTORS) FROM AND
AGAINST ALL CLAIMS BROUGHT BY PERSONS OR ENTITIES OTHER THAN THE PARTIES TO
THIS AGREEMENT ARISING FROM OR RELATING TO YOUR ACCESS TO AND USE OF THE INTERNET
SITE, INCLUDING THE INFORMATION OBTAINED THROUGH THE INTERNET SITE AND ANY
LOSSES, COSTS, DAMAGES, PERSONAL INJURY OR OTHER EXPENSES ARISING OUT OF YOUR
USE OF THIS INTERNET SITE, OR YOUR USE OF OR RELIANCE UPON THE INFORMATION.
- Privacy. Integrated
Biometrics, Inc. can use your personal identifying information for editorial,
promotional, or marketing purposes, unless you request that your information
not be used in such manner. Integrated Biometrics, Inc. may place a "cookie"
in the browser files of your computer. Such cookie does not contain any personally
identifying information.
- No Conflicting Terms.
If there is any conflict between this Agreement and any help text, manuals
or other documents, this Agreement shall govern, whether such other documents
are prior to or subsequent to this Agreement, or are signed or acknowledged
by any partner, officer, director, employee, affiliate, agent, representative
or subcontractor of Integrated Biometrics, Inc..
- Attorney's Fees. If Integrated
Biometrics, Inc. takes action (by itself or through its representatives) to
enforce any of the provisions of this Agreement, including collection of any
amounts due hereunder, Integrated Biometrics, Inc. shall be entitled to recover
from you (and you agree to pay), in addition to all sums to which is
entitled or any other relief, at law or in equity, reasonable and necessary
attorney's fees and any costs of any litigation.
- Governing Law; Limitations;
Venue. This Agreement shall be governed by the laws of the State of
South Carolina, excluding any rule or principle that would refer to and apply
the substantive law of another state or jurisdiction. To the extent allowed
by applicable law, any claims or causes of action arising from or relating
to your access and use of the Internet Site or the Information contemplated
by this Agreement must be instituted within two (2) years from the date upon
which such claim or cause arose or accrued. Further, any such claim or cause
of action may only be brought in the state and Federal courts located in Spartanburg
County, South Carolina, and you agree to submit to the exclusive personal
jurisdiction of such courts and hereby appoint the Secretary of State of South
Carolina as your agent for service of process. You hereby waive any objection
and the right to raise any future objection that the state or Federal courts
of Spartanburg County, South Carolina are an inconvenient forum for the resolution
of any dispute or claim arising under this Agreement.
- Severability. If
any provision of this Agreement is found to be unlawful or unenforceable in
any respect, the court shall reform such provision so as to render it enforceable
(or, if it is not possible to reform such provision so as to make it enforceable,
then delete such provision); and, as so reformed or modified, fully enforce
this Agreement.
- Despite the efforts of Integrated
Biometrics, Inc. to provide accurate information it is not possible to completely
ensure that all information is constantly correct. The materials contained
on this server could include technical inaccuracies or typographical errors.
As such, Integrated Biometrics, Inc. does not accept any responsibility or
liability for any actions taken as a result of using this server. Further,
Integrated Biometrics, Inc. assumes no responsibility for errors or omissions
in the materials on this server. THESE ARE PROVIDED "AS IS" WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Integrated
Biometrics, Inc. further does not warrant the accuracy or completeness of
information, text, graphics, links or other items contained within these materials.
In no event shall the Integrated Biometrics, Inc. be liable for any special,
indirect, incidental, or consequential damages of any kind, or any damages
whatsoever resulting from loss of use, data or profits, whether or not advised
of the possibility of damage, and on any theory of liability, arising out
of or in connection with the use of the materials. The materials are subject
to change without notice.
- Entire Agreement. This
Agreement is complete and effective at the time you agree to it by using this
Internet site, and this Agreement constitutes the entire agreement between
you and Integrated Biometrics, Inc. concerning the subject matter hereof,
and no other agreement, written or oral, exists between you and Integrated
Biometrics, Inc..







