Welcome to www.autofunds.com! Before you use your Autofunds.com account you must read and agree to these terms of usage and the following conditions and policies, including any future amendments to them (collectively, the "Agreement").
www.autofunds.com is a Web service developed and operated by Integex Solutions Inc. ("we", "us" or "Integex") that allows automobile dealers to sign in to store and manage information.
These terms and policies constitute the agreement between Integex and the user ("you", "your", "user", "dealer" or "lender"). These terms and policies constitute a legal agreement between you and Integex. You must accept without modification all the terms, conditions and notices contained in this Agreement in order to access and use www.autofunds.com. Although we may attempt to notify you of any major changes to this Agreement, you should visit this page periodically to review the terms. We may, at our sole discretion, modify or revise these terms and conditions and policies at any time, and you agree to be bound by such modifications or revisions.
Your use of the www.autofunds.com web site and the applications, services, information and other Materials available on and through the web site (such applications, services, information, other materials, and the web site itself shall be referred to collectively as the
"Service") is subject to the terms and conditions set forth herein, as well as any other notices, disclaimers, or restrictions posted on www.autofunds.com (collectively, the "Terms of Service"). As used in the Terms of Service, the terms "you", "your" or "user" all refer to the person using the Service in any way. By accessing and using the Service, you are deemed to have agreed to all such terms, conditions and notices in this Terms of Service.
1.1 PERMITTED USES AND RESTRICTIONS ON USE
Each time you enter in a login ID and password on the Service, (1) you represent that you have been authorized to use the Site
(i) by being employed by a dealership (a "Dealer") that is a subscribing customer of Integex and is currently paying all the fees
and charges assessed to use the Service; (ii) by a financial institution or other financing source that has entered into an agreement
with Integex(a "Financing Source"); (iii) by Integex; or (iv) by a supplier/vendor/developer that has an agreement with Integex,
in accordance with the terms of such agreement; (2) you represent that you are the user assigned to use the login ID and password
that is accessing the Service and (3) you agree to be bound by the Terms of Service contained herein and as updated from time to
time and posted on www.autofunds.com/termsofservice.aspx. The Service is designed to allow users, Dealers, and Financing Sources,
to transmit information electronically to one another, which may include without limitation, credit application information,
vehicle valuation, contract status information, prospect reports, dealer reserve status, retail and lease rates, residual value
information, payoff quotes, financing contracts, credit bureau information and other information.
In order to use the Service, you are responsible at your own expense to access the World Wide Web, either directly or through devices that access web-based content and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access devices and additional accessories such as printers, scanners etc. to utilize the service. You shall not attempt to access any other of Integex's systems, programs or data that are not made available for public use. The Service supports users whose principal place of business is within the United States of America and U.S. Territories.
1.2 INTELLECTUAL PROPERTY
You acknowledge and agree that, Integex and/or its affiliates and/or its licensors shall own all worldwide right, title and interest in and to the Service and any applications, text, graphics, multimedia content, or other information, data, content or material available on or through the Service and pages within that domain, and all related code provided through the Service, any modifications, updates, upgrades, copies, derivative works, augmentations or customizations of the foregoing (collectively, "Materials"), including all worldwide intellectual property rights to the same, including without limitation, copyrights, trademarks, trade secrets, rights of publicity and privacy and other proprietary rights. All rights not expressly granted to you herein are expressly reserved to Integex and its affiliates and licensors.
Material from the Service may not be copied, reproduced, distributed (including offering the Service to third parties or an applications service provider or to others on a time-sharing basis)or modified, except that you may print and provide credit applications, financing contracts, disclosures, and other materials as expressly provided on the Site for use with Financing Sources, Dealers and consumers. Modification of the Materials or use of the Materials for any purpose other than that expressly permitted herein or otherwise on the Service is a violation of copyright and other proprietary rights and the use of any such Material on any other web site or computer environment is strictly prohibited. You agree not to access the Service by any means other than through the interface that is provided by Integex for use in accessing the Service.
You may submit feedback, suggestions or comments ("Feedback") that will universally enhance the Service. Integex may,
in its sole discretion, decide to incorporate some or all of this Feedback into the Service. Notwithstanding anything to
the contrary herein, to the extent any portion of the Service, or any versions thereof or enhancements thereto are not
deemed owned by Integex, you hereby assign all of your right, title and interest in the Service or any such Feedback to
Integex. You will execute such documents as may be deemed reasonably necessary to accomplish the objectives of this Section.
You grant Integex a worldwide, perpetual, nonexclusive, sublicensable, royalty-free license to use, reproduce, distribute,
transmit, disclose, display, modify and create derivative works of any content, data, information or other materials you
submit to or through the Site; provided, that, Integex shall do so in accordance with applicable law and/or the applicable
agreement between the party that authorized you to use the Site and Integex, if applicable.
2.1 YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form(s) (such information being the "Registration Data"), (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Integex has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Integex may suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
3. ACCESS, PASSWORDS AND SECURITY
Each dealer may designate up to 3 users for the Service you are receiving from Integex, and you may provide and assign access and passwords to such users. You will be responsible for the confidentiality and use of your access number(s), password(s), and account number(s). You will be responsible for all electronic communications, including account registration and other account holder information, email and financial, accounting and other data ("Electronic Communications") entered through or under your access number(s), password(s) or account number(s). Integex will act as though any Electronic Communications it receives under your access number(s), password(s) or account numbers(s) will have been sent by you.
IT IS A VIOLATION OF THE TERMS OF SERVICE TO LOG ONTO THE SERVICE WITH A LOGIN ID AND PASSWORD THAT WAS NOT ASSIGNED TO YOU PERSONALLY BY AN
EMPLOYEE OF INTEGEX OR BY AN ADMINISTRATOR AUTHORIZED TO ADD USERS. YOU AGREE TO KEEP YOUR LOGIN ID CONFIDENTIAL AND TO IMMEDIATELY NOTIFY INTEGEX IF YOU SUSPECT THAT ANYONE OTHER THAN YOURSELF HAS ACCESSED THE SERVICE WITH YOUR LOGIN ID AND PASSWORD.
You agree not to use any functions on the Service which you are not authorized to use. Without limiting the generality of the foregoing, you agree not to use the Service to obtain credit bureau reports in any manner that would violate applicable federal, state or local laws. To ensure compliance with applicable law, you agree to have each applicant read and sign the Acknowledgement section of the Credit Application before submitting an application on the Service. You also agree to keep all information received about each applicant in strict confidence, and adopt reasonable procedures to ensure that such information is not accessed or disclosed without a permissible purpose and proper authorization. You also agree to execute any document that may be required by your Financing Source, or any Consumer Reporting Agency, to obtain access to applicant credit reports.
You agree to access and/or enter information on the Service with respect to the entity by which you are employed only, and not to access or attempt to access any other entity's information.
4. MEMBER CONDUCT
By submitting any data to Integex, you warrant that: (i) you are the owner of such data, or have been granted all the rights necessary from the owner of such data to submit such data to Integex, and (ii) the use of such data by Integex and its members will not infringe or misappropriate the intellectual property rights of or otherwise violate the rights of any third party. You agree to not use the Service to:
A. impersonate any person or entity, including, but not limited to, an Integex official, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
B. interfere with or disrupt the Service or servers or networks connected to the Service;
C. violate any applicable law or regulation, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission and any rules of any securities exchange;
D. incite or provide instructional information about illegal activities;
E. violate the terms of usage of any 3rd party service provider.
If you are using the Service as an authorized user of a Dealer, you further represent, warrant and covenant to Integex that:
a. Except for the credit applications, contracts and disclosures, vehicle payoff information, credit bureau reports
and notices relating thereto that are specifically designated by autofunds.com as available to consumers, you will not
show or display to any unauthorized person
(including any customer), in printed form or in any other manner, any information on or related to the Service;
b. You will advise each credit applicant of the name and address of the financial institution(s) to whom the applicant's credit application will be submitted prior to actual submission of their credit application through the Service; and
As required by applicable law, you will either (i) read verbatim or
(ii) provide a printed copy of all credit application disclosures and/or notices set forth on the Service to each applicant and obtain each applicant's consent to the terms in such disclosures and/or notices prior to submission of their application to any financial institution(s).
5. GENERAL PRACTICES REGARDING USE, STORAGE AND SERVICE ACCESS
You acknowledge that Integex may establish from time to time general practices and limits concerning use of the Service, including without limitation, establishing the maximum amount of storage space you have on the Service at any time, as well as limiting the number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Integex has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. As a condition of use for this Service, you agree that, in the event of an error with your Service, a Service technician shall be permitted to access your data as necessary to resolve the problem. You acknowledge that Integex reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
6. USER INFORMATION AND PRIVACY
For details about Integex's privacy policies, please refer to the
www.autofunds.com Privacy Statement, accessible via the Service home page. You agree to the terms and conditions of the www.autofunds.com
Privacy Statement, as it may be amended from time to time, which is incorporated herein by reference.
6.2 TAXATION INFORMATION.
You acknowledge and agree that the Service, related Services, and Content are not compliant with federal and/or state tax laws and we do not claim to assist with or ensure compliance with taxation laws, and that you are solely responsible for using the Service, related Services and Content in a manner consistent with all applicable federal and state laws relating to taxation laws.
7. MODIFICATIONS TO THE SERVICE OR TERMS OF SERVICE
7.1 MODIFICATIONS TO THE SERVICE.
Integex reserves the right to withdraw, suspend or discontinue at any time and from time to time the Service,
any Materials available on the Service and any functionality or features in or on the Services, including the cessation
of all activities associated with the Service, with or without notice. Any change or modification made by Integex will
be effective immediately upon posting on the Service and your continued use of the Service means that you have agreed
to accept any changes or modifications made by Integex. You agree that Integex shall not be liable to you or to any
third party for any modification, suspension or discontinuance of the Service. Integex may specify from time to time
the version(s) of related products required in order to use the Service (e.g. supported browser versions, supported
printers etc.). Integex recommends that you revisit this web page from time to time. Integex may, from time to time,
introduce new Materials to the Service or modify or delete existing Materials. By using new Materials, such as new
services, you agree to be bound by the rules concerning these Materials.
7.2 MODIFICATIONS TO THE TERMS OF SERVICE.
You agree that Integex may modify the Terms of Service if necessary to comply with any other agreements that Integex is currently bound by or will be bound by in the future, and/or with applicable law, as well as to adjust to changing business circumstances. Your continued use of any of the Service shall constitute your acceptance of the Terms of Service with the new modifications. If you do not agree to any of such changes, you may terminate the Terms of Service and immediately cease all access and use of the Service. You agree that such termination will be your exclusive remedy if you do not wish to abide by any changes to the Terms of Service. Updated Terms of Service will be posted on www.autofunds.com/termsofservice.html
You agree to pay the then-current and fees associated with the Service. You also agree that any and all fees charged to you is for services rendered for the billing period and not a deposit or advance payment and as such is neither refundable nor adjustable against future payments.
Integex reserves the right to modify its fees with or without notice.
You acknowledge and agree that Integex may suspend or terminate your account and/or deny you access to, use of, or submission of Content for, all or part of the Service, without prior notice, if you engage in any conduct that Integex believes, IN ITS SOLE DISCRETION: (a) violates any term or provision of the Terms of Service, (b) violates the rights of Integex or third parties, (c) is otherwise inappropriate for continued access and use of the Service. You agree that Integex will suspend or terminate your account with NO PRIOR NOTICE if you are in payment default of fees billed to you. You agree that Integex will implement necessary steps to monitor the usage. You agree that a restoration of your account will be treated as a new account and as such all charges applicable to a new account at the time of restoration would apply to you. You also acknowledge and agree that Integex will neither refund any fees paid nor discharge any outstanding balances owed prior to or after such termination.
You acknowledge and agree that Integex may suspend or terminate your account and/or deny you access to, use of,
or submission of Content for, all or part of the Service, without prior notice if you default on payment of any fees
or charges assessed to your account. In addition, Integex reserves the right to terminate inactive membership accounts.
You agree that upon termination, Integex may delete all files and information related to your account and may bar your
access to your account and the Service. Further, you agree that Integex shall not be liable to you or any third-party for
any termination of your access to the Service. You agree to indemnify, defend and hold Integex and its subsidiaries, affiliates,
and the respective officers, directors, agents, partners, sponsors, employees and independent contractors of each harmless from
any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content, data,
materials or information you submit, post to or transmit to or through the Service, your use of the Service or reliance upon
any Materials provided through the Service, your connection to the Service, your violation of the Terms of Service, your use
or disclosure of any content, data, materials or information received through the Service, your negligence, omissions or
misconduct, your violation of any rights of another party, or your participation in or conducting of any transaction (or
failure to conduct or complete a transaction) through the Service. This provision shall survive the expiration or termination
of the Terms of Service and the applicable access agreement, lender agreement or other agreement between the party that
authorized you to use the Service and Integex, if any.
10. CONFIDENTIAL INFORMATION
"Confidential Information" shall mean the nonpublic and/or proprietary information revealed by Integex,
including without limitation all forms and types of financial, business, scientific, technical, economic or
engineering information of autofunds.com, and including without limitation, the applications provided through
the Service. You agree to keep all Confidential Information acquired from Integex, whether in connection with
your use of the Service or otherwise, confidential. You shall not use the Confidential Information except as
expressly provided herein, and you shall not disclose the Confidential Information without express written
permission from Integex. All Confidential Information shall remain the property of Integex and shall not in
any manner be deemed licensed or transferred to you. You shall return or destroy all Confidential Information
on Integex's request, upon the termination of the Terms of Service, upon termination of your rights to use
the Site, or upon termination of the access agreement or lender agreement under which you are authorized to use the Site.
You shall comply with all privacy and data protection laws, rules and regulations which are or which may in the future be applicable to your use of the Service or any applications, data or information provided on or through the Service. Without limiting the generality of the foregoing sentence, you agree that you will not use or disclose to any other party any nonpublic personal information which you receive in connection with the Terms of Service or through the Service, except as expressly permitted in the Terms of Service or by applicable law. You acknowledge and agree that: (a) irreparable injury will result to
Integex in the event of a breach by you of this obligation of confidentiality, (b) Integex's remedy at law for such breach is inadequate and (c) Integex, in addition to any monetary damages for any such breach, shall be entitled to temporary and permanent injunctive relief without the necessity of proving damages, and that Integex shall not be required to post bond as a condition of such relief. This provision shall survive the expiration or termination of the Terms of Service and the applicable access agreement or lender agreement.
11. THIRD PARTY CONTENT; THIRD PARTY SITES
Integex is a distributor and not a publisher of information supplied to the Service by you, other users or third parties. Any credit information, opinions, advice, statements, services, contracts, offers, or other information that is part of the Materials on this Site that is expressed or made available by third parties, including Financing Sources, credit bureau reporting agencies and/or Dealers or any other user of the Site, are those of the respective authors or distributors and not of autofunds.com. INTEGEX ASSUMES NO RESPONSIBILITY AND MAKES NO REPRESENTATIONS, WARRANTIES, RECOMMENDATIONS, ENDORSEMENTS OR APPROVALS WITH REGARD TO SUCH THIRD PARTY INFORMATION. It is your responsibility to evaluate and confirm the information, opinions, advice or other Material available through the Service, whether posted or provided by third parties or by autofunds.com. The Service may provide links to other World Wide Web sites or resources. You acknowledge and agree that Integex is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Integex shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource. You will be individually responsible for complying with the terms of usage required by any such site or resource and Integex will not be liable for violations of any conditions place by third parties on the usage of their service.
12. DISCLAIMER OF WARRANTIES
You acknowledge that there are certain security, corruption, transmission error and access availability risks with using open networks such as the Internet and you expressly assume such risks.
Because user authentication on the Internet is difficult, autofunds.com cannot and does not confirm any user's purported identity.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. INTEGEX AND ITS
SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. INTEGEX AND ITS SUPPLIERS MAKE NO WARRANTY THAT (i) THE SERVICE
WILL MEET YOUR REQUIREMENTS OR RESULT IN REVENUES OR PROFITS,
(ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-
FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
SERVICE WILL BE ACCURATE OR RELIABLE OR WILL BE COMPATIBLE WITH EQUIPMENTS AND ACCESSORIES USED BY YOU, AND (iv) THE QUALITY OF ANY
PRODUCTS, SERVICE, INFORMATION, OR OTHER MATERIAL PURCHASED OR
OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
INTEGEX AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES
OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH
THE TERMS OF SERVICE OR THE SERVICE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. INTEGEX EXPRESSLY DISCLAIMS ANY REPRESENTATIONS
OR WARRANTIES THAT YOUR USE OF THE SERVICE WILL SATISFY ANY STATUTORY OR REGULATORY OBLIGATIONS, OR WILL ASSIST WITH, GUARANTEE OR
OTHERWISE ENSURE COMPLIANCE WITH ANY APPLICABLE LAWS OR REGULATIONS, INCLUDING BUT NOT LIMITED TO THE FEDERAL, STATE OR OTHER SALES
AND SERVICES TAX LAWS, THE FAIR CREDIT REPORTING ACT AS AMENDED BY THE CONSUMER CREDIT REPORTING REFORM ACT OF 1996, THE
GRAMM-LEACH-BLILEY ACT OF 1999, THE SARBANES-OXLEY ACT OF 2002, OR OTHER FEDERAL OR STATE STATUTES OR REGULATIONS. YOU ARE
SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THIS SERVICE, RELATED SERVICES OR CONTENT IS IN ACCORDANCE WITH APPLICABLE
LAW. (THE FCRA PROVIDES THAT ANY PERSON WHO KNOWINGLY AND WILLFULLY OBTAINS INFORMATION ON A CONSUMER FROM A CONSUMER
REPORTING AGENCY UNDER FALSE PRETENSES SHALL BE FINED UNDER TITLE 18, OR IMPRISONED NOT MORE THAN TWO YEARS, OR BOTH.)
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF
THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL
BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY
YOU FROM INTEGEX OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
IN NO WAY LIMITING THE DISCLAIMERS SET FORTH ABOVE, INTEGEX MAKES NO
REPRESENTATIONS OR WARRANTIES REGARDING ANY CONTRACTS OR AGREEMENTS
(COLLECTIVELY "CONTRACTS") PROVIDED THROUGH THE SERVICE, AND
SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS REGARDING THE ACCURACY, COMPLETENESS, ENFORCEABILITY, LEGALITY, VALIDITY, BINDING EFFECT OR ADEQUACY OF SUCH CONTRACTS.
IN NO WAY DOES ANY DATA, INFORMATION, CONTENT OR MATERIAL PROVIDED
THROUGH THE SERVICE (INCLUDING WITHOUT LIMITATION, ANY CONTRACTS
PROVIDED THROUGH THE SITE) CONSTITUTE LEGAL ADVICE. INTEGEX IS NOT ENGAGED IN THE PRACTICE OF LAW OR IN PROVIDING LEGAL SERVICES. ACCESS
TO, TRANSMISSION OR RECEIPT OF OR RELIANCE UPON CONTRACTS OR OTHER
MATERIALS, DATA, CONTENT OR INFORMATION FROM THE SERVICE DOES NOT
CREATE AND IS NOT INTENDED TO CREATE AN ATTORNEY-CLIENT RELATIONSHIP BETWEEN YOU OR ANY OTHER PERSON AND INTEGEX. AS LEGAL ADVICE MUST BE
TAILORED TO THE SPECIFIC CIRCUMSTANCES OF EACH CASE, AND LAWS ARE
CONSTANTLY CHANGING, NOTHING PROVIDED HEREIN SHOULD BE USED AS A
SUBSTITUTE FOR THE ADVICE OF COMPETENT COUNSEL LICENSED IN THE APPLICABLE JURISDICTION WITH REFERENCE TO THE PARTICULAR CIRCUMSTANCES.
13. REPRESENTATIONS AND WARRANTIES.
You represent that, to the best of your knowledge and belief, your use of the Service does not directly or indirectly infringe the legal rights of a third party. You further represent and warrant that all information provided by you in connection with your registration is accurate and reliable.
14. LIMITATION OF LIABILITY
(a) YOU EXPRESSLY UNDERSTAND AND AGREE THAT INTEGEX AND ITS SUPPLIERS
SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSSES (EVEN IF INTEGEX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE
SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICE
RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICE PURCHASED OR
OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR
FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
(b) YOU ALSO AGREE THAT INTEGEX WILL NOT BE LIABLE FOR ANY (1)
INTERRUPTION OF BUSINESS, (2) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO
THIS SITE OR THE WEB SITE(S) YOU MAY ACCESS THROUGH THIS SERVICE; (3)
DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER
MODIFICATION; (4) EVENTS BEYOND INTEGEX'S REASONABLE CONTROL;
(c) IN NO EVENT SHALL INTEGEX'S MAXIMUM AGGREGATE LIABILITY EXCEED THE
TOTAL AMOUNT PAID BY YOU TO INTEGEX FOR THE SERVICE, BUT IN NO EVENT GREATER THAN FIVE HUNDRED DOLLARS ($500.00). BECAUSE SOME STATES DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
15. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF
SECTIONS 12 AND 14 MAY NOT APPLY TO YOU.
16. GENERAL INFORMATION
The Terms of Service constitutes the entire agreement between you and Integex and governs your use of the Service,
superceding any prior agreements between you and Integex (including, but not limited to, any prior versions of the Terms of Service)
with respect to its subject matter. You also may be subject to additional terms and conditions that may apply when you use affiliate or
other Integex services, third-party content or third-party software. Except as otherwise provided herein, the Terms of Service shall be
governed by the laws of the State of New York without regard to its conflict of law provisions. Except as otherwise provided in the Terms
of Service, you and Integex agree to submit to the personal and exclusive jurisdiction of the courts located within Suffolk County, New York.
The Terms of Service does not limit any rights that Integex may have under trade secret, copyright, patent, trademark or other laws.
The failure of Integex to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.
If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the
court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of
Service remain in full force and effect. You agree that any claim or cause of action arising out of or related to use of the Service or
the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles
in the Terms of Service are for convenience only and have no legal or contractual effect. The Terms of Service will inure to the benefit
of Integex and its successors and assigns.
All representations, warranties, Sections, 8, 12, 13, 14, 15, 16 and 17 in the Terms of Service shall survive the termination of the Terms of Service.
Last updated on July 15, 2005