Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the www.ideamktg.com website (the “Website”) operated by Idea Marketing Group, Inc. (“us”, “we”, “our”) as these Terms and Conditions contain important information regarding limitations of our liability. Idea Marketing Group, Inc. is an Illinois Corporation.
Your access to and use of the Website is conditional upon your acceptance of and compliance with these Terms. These Terms apply to everyone, including, but not limited to: visitors, users and others, who wish to access or use the Website.
By accessing or using the Website you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have our permission to access or use the Website.
Returns, Cancellations and Refunds
We shall not provide any cancellations, returns, nor refunds for any purchases made on the Website.
Availability, Errors and Inaccuracies
We assume no liability for availability, errors, or inaccuracies in the information provided on this Website. We may experience delays in updating information on the Website and in our advertising on other websites. The information, software, products, and services found on the Website may contain errors or inaccuracies or may not be complete or current. Services or products may be incorrectly priced, described inaccurately, or unavailable on the Website and we cannot guarantee the accuracy or completeness of any information found on the Website. We expressly reserve the right to correct any pricing errors on our Website.
Idea Marketing Group, Inc. makes no representations about the suitability of the information, products and services contained on this Website for any purpose, and the inclusion or offering of any products or services on this Website does not constitute any endorsement or recommendation of such products or services by us. All such information, products, and services are provided “as is” without warranty of any kind. We disclaim all warranties and conditions that this Website, its servers or any email sent from us are free of viruses or other harmful components. We hereby disclaim all warranties and conditions with regard to this information, software, products and services, including all implied warranties and conditions of merchantability, fitness for a particular response, title and non-infringement.
Links to Third-Party Sites
This Website may contain hyperlinks to websites operated by parties other than Idea Marketing Group, Inc. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
All contents of this Website are ©2016 Idea Marketing Group, Inc. All rights reserved. Idea Marketing Group, Inc., www.ideamktg.com , and all content and other materials on this Website, including, without limitation, all logos, designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Content”) are the proprietary property of Idea Marketing Group, Inc., and are either registered trademarks or trademarks of Idea Marketing Group, Inc. in the U.S. and/or other countries. Other logos and products and company names mentioned herein may be the trademarks of their respective owners. Idea Marketing Group, Inc. is not responsible for content on websites operated by parties other than Idea Marketing Group, Inc.
If you are aware of an infringement of our intellectual property, please let us know by contacting us at email@example.com.
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Website infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to firstname.lastname@example.org, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”. Our copyright agent is Donata Kalnenaite, Esq. The following is her contact information:
Donata Kalnenaite, Esq.
141 W. Jackson Blvd., Suite 1520A
Chicago, IL 60604
You may be held accountable for damages (including costs and attorneys’ fees) for any misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Website on your copyright.
If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a written notice that includes the following information. Please note that we will not process your complaint if it is not properly filled out or is incomplete. To report that your intellectual property rights have been infringed upon, please email us at email@example.com and include the following information:
Contests, Sweepstakes and Promotions
In no event shall Idea Marketing Group, Inc., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Website; (ii) any conduct or content of any third party on the Website; (iii) any content obtained from the Website; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
In no event shall Idea Marketing Group, Inc. be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, or in any way connected with, your access to, display of or use of this Website or with the delay or inability to access, display or use this Website (including, but not limited to, your reliance upon opinions appearing on this Website; any computer viruses, information, software, linked sites, products and services obtaining through this Website; or otherwise arising out of the access to, display of or use of this Website) whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes, or otherwise, and even if the Idea Marketing Group, Inc. has been advised of the possibility of such damages.
If, despite the limitation above, we are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the liability of Idea Marketing Group, Inc. will in no event exceed $100.00.
Governing Law, Severability, Dispute Resolution, and Venue
These Terms shall be governed and construed in accordance with the laws of Illinois, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Website, and supersede and replace any prior agreements we might have had between us regarding the Website.
Any controversy or claim arising out of or relating to these Terms and Conditions, including, without limitation, the interpretation or breach thereof, shall be submitted by either party to arbitration in Kendall County, Illinois and in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall be conducted by one arbitrator, who shall be (a) selected in the sole discretion of the American Arbitration Association administrator and (b) a licensed attorney with at least five (5) years’ experience in the practice of law and at least five (5) years’ experience in the litigation of Terms and Conditions or website disputes. The arbitrator shall have the power to enter any award that could be entered by a judge of the state courts of Illinois sitting without a jury, and only such power, except that the arbitrator shall not have the power to award punitive damages, treble damages, or any other damages which are not compensatory, even if permitted under the laws of the State of Illinois or any other applicable law. The written decision of the arbitrator shall be final and binding and enforceable in any court having jurisdiction over the parties and the subject matter of the arbitration. Notwithstanding the foregoing, this Section shall not preclude either party from seeking temporary, provisional, or injunctive relief from any court.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time.
By continuing to access or use our Website after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Website.
If you have any questions about these Terms, please contact us at firstname.lastname@example.org.
Last updated: October 16, 2016