1.1 — Ideal Innovations, Inc. (“I3“) operates an internet web site (the “I3 web site”) in order to provide information about I3 to any person accessing the I3 web site (each such person a “Subscriber”). This Service Agreement (“Agreement”) sets forth the terms and conditions governing Subscriber’s access to the I3 web site.
1.2 — By using the I3 web site, Subscriber agrees to comply with each of the terms and conditions of this Agreement. Any rights the Subscriber has under this Agreement are personal to Subscriber and are not transferable to any other person or entity.
1.3 — I3 shall have the right at any time to change or discontinue any aspect or feature of the I3 web site, or to restrict Subscriber’s access to parts or all of the I3 web site without notice.
1.4 — I3 shall have the right at any time to modify the terms and conditions applicable to Subscriber’s use of the I3 web site, or any part thereof, or to impose new conditions. Such modifications shall be effective immediately upon posting an amended version of this Agreement, which will supersede any previous versions thereof. Any use of the I3 web site by Subscriber after any such posting shall be deemed to constitute acceptance by Subscriber of such modifications.
2.0 Subscriber Conduct
2.1 — Subscriber shall use the I3 web site for lawful purposes only. Any conduct by a Subscriber that in I3’s discretion is improper will not be permitted and may result in termination of Subscriber’s access to the I3 web site.
2.2 — The I3 web site contains material protected under U.S. and international copyright laws. Subscriber may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the content of the I3 web site, in whole or in part, without the express written consent of I3.
2.3 — Notwithstanding the provisions of Section 2.2, Subscriber may download a single copy of such copyrighted material solely for Subscriber’s personal, non-commercial use. Subscriber agrees not to modify or remove any author attribution, trademark legend, or copyright notice on such downloaded material. Subscriber further agrees with respect to such downloaded material that no copying, redistribution, retransmission, publication, or commercial exploitation will be permitted without the express written consent of I3. Subscriber acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
3.1 — The I3 web site is provided on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose. Subscriber hereby acknowledges that use of the I3 web site is at Subscriber’s sole risk.
3.2 — In no event will I3, or any person or entity involved in creating, producing, or distributing the content on the I3 web site, be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential, or punitive damages arising out of the use of or inability to use the I3 web site. Subscriber hereby acknowledges that the provisions of this section shall apply to all content on the I3 web site.
3.3 — Nothing on the I3 web site is intended to constitute legal, accounting, tax, investment, consulting, or other professional advice or services.
3.4 — Certain links on the I3 web site may lead to resources maintained by third parties over whom I3 has no control. I3 makes no representations or warranties as to the accuracy of, or any other aspect relating to, those resources.
4.1 — Subscriber agrees to defend, indemnify, and hold harmless I3, its affiliates, and their respective directors, officers, employees, and agents from and against all claims and expenses, including attorneys’ fees, arising out of Subscriber’s use of the I3 web site.
5.1 — This Agreement constitutes the entire agreement of I3 and Subscriber with respect to the subject matter hereof, and supersedes all previous written or oral agreements between I3 and Subscriber with respect to such subject matter.
5.2 — This Agreement shall be construed in accordance with the laws of the Commonwealth of Virginia, without regard to its conflict of laws rules. Any dispute concerning this Agreement shall be heard by the Circuit Court for Arlington County, Virginia, or the United States District Court for the Eastern District of Virginia.
5.3 — If any provision in this Agreement is not fully enforceable for any reason, the remainder shall nonetheless continue to apply.
5.4 — No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default