The “Site” encompasses the website www.ingenuitymarketing.com, all associated ING web pages, including without limitation all content, materials, information, policies, modifications, updates, enhancements, revisions, new features, and or new web properties of such pages, along with all Site services provided through such websites and web pages.
Modification of This Agreement
You are responsible for regularly reviewing this Agreement. ING has the right, but not the obligation, to correct any errors or omissions in any portion of the Site. ING reserves the right, at its sole discretion, to change, modify, add, remove or terminate any portion of this Agreement, in whole or in part, at any time, without prior notice. All changes to this Agreement are effective immediately upon being posted to the Site. Your continued use of the Site following any changes to this Agreement will mean you accept these changes.
Restrictions of Use. You will not:
Use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site.
Use the Site to access or use a third party site, including without limitation the site of a Partner, in a manner prohibited by the terms and conditions applicable to the access or use of such third party site.
Obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
Violate any applicable laws or regulations or violate this Agreement.
Disclosure Under Law. ING 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 ING’s sole discretion if we believe you have violated this Agreement.
Providing Correct Personal Information. In the course of using the Site, you may be required to enter certain information, including without limitation personal information (collectively, “Information”). You may be required to confirm your email address or other Information before being allowed to use certain services. You agree to provide ING with full, true and correct Information, and to update such Information on the Site promptly as reasonably necessary and as required by the Site.
Caution When Providing Information. Always use caution when giving out any personally identifying information about yourself in using any Site service.
Disclaimer of Representations or Warranties. You agree that your use of the ING site is at your own risk. Efforts by ING to modify the site shall not be deemed a waiver of these limitations. The ING site, including all content, information or services provided through, or in conjunction with, the site, is provided “as is,” as a convenience to all users without representation or warranty of any kind to you or any third party, including, without limitation, any express or implied warranties (1) of merchantability or fitness for a particular purpose, (2) of informational content or accuracy, (3) of non-infringement, (4) of quiet enjoyment, (5) of title, (6) that the site will operate in an error free, or uninterrupted manner or is free of viruses or other harmful components, (7) that any defects or errors in the site will be corrected, or (8) that the site is compatible with any particular hardware or software platform.
Disclaimer of Liability. In no event shall ING and its officers, directors, agents, employees, partners, sublicensees, successors and assigns be liable to you or any third party for any loss of profits, loss of use, loss of data, interruption of business, or any direct, indirect, incidental, special or consequential damages arising out of or in any way connected with the use of the ING site or with the delay or inability to use same, or with hypertext or graphic links to third parties, or for any breach of security associated with the transmission of sensitive information through the ING site or any linked site, or for any information, products, and services obtained through or viewed on the ING site, or otherwise arising out of the use of same, whether based on contract, tort, strict liability, regulation, common law precedent or otherwise, even if ING has been advised of the possibility of damages and even if such damages result from ING’s negligence or gross negligence. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states, ING’s liability shall be limited to the fullest extent permitted by law. Additional disclaimers appear within the body of this site and are incorporated herein by reference. To the extent any such disclaimers place greater restrictions on your use of this site or the material contained therein, such greater restrictions shall apply.
You will indemnify, defend (or settle) and hold harmless ING from all claims, actions, proceedings, losses, settlements, judgments, liabilities, suits, damages, disputes or demands, including without limitation any proceeding, investigation or claim by a self-regulatory organization, state or federal securities agency or commission, and including reasonable attorney fees and all other costs, fees, and expenses (collectively, “Claims”) against any of the ING Entities to the fullest extent permitted by law arising out of or in connection with (1) your use of the Site or any Posted Materials, including without limitation your use of any Partner Services, or the use by any third party of such materials through you, (2) any Posted Materials provided or made available by you, and (3) any breach by you of your obligations under this Agreement, including without limitation any breach of your representations and warranties herein or within any applicable Partner Terms. In connection with any Claims that may give rise to your indemnification obligations as set forth above, ING shall have the exclusive right, at their option, to defend, compromise and/or settle the suit, action or proceeding, and you shall be bound by the determination of any suit, action or proceeding so defended or any compromise or settlement so effected. The remedies provided in this Section are not exclusive of and do not limit any other remedies that may be available to ING pursuant to this Section.
Copyright and Other Intellectual Property
Site Ownership. The Site and all content, organization, graphics, design, compilation, magnetic translation, digital conversion, and other matters related to the Site are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights pursuant to international conventions and U.S. and other copyright laws. The Site and all Site content is the property of ING. Other product and company names mentioned herein may be the trademarks of their respective owners. The Site, including all Site content, is only for your personal, non-commercial use. You do not acquire ownership rights to any content, document, or other materials viewed through or posted on the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. You will abide by any and all additional copyright notices, information, or restrictions contained in any content on the Site. Any copying, republication, or redistribution of Site content, including by caching, framing, or similar means, is expressly prohibited without the prior written consent of ING and/or the respective intellectual property rights holder identified in the subject content.
Inquiries regarding this policy should contact ING at the address and phone number listed on this site.