IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND
OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A
DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
PLEASE NOTE THAT BY AGREEING TO THE TERMS AND CONDITIONS PROVIDED FOR
HEREIN YOU MAY BE TRANSFERRING VALUABLE INTELLECTUAL PROPERTY RIGHTS TO
INVENTQUEST FOR ITS COMMERCIAL USE.
Basic Description of User Participation on the Site
The Site is developed and operates using a variety of terms and phrases. The more commonly used terms are defined in more detail below. To summarize generally how the Site functions:
· Product Ideas are submitted by Users.
· The Community evaluates submitted Product Ideas and the Company may, at its sole discretion, taking into consideration a variety of factors, including the Community input select a Product Idea for development and/or commercialization, production and sale. Users may withdraw a Product Idea from evaluation at anytime prior to selection of that Product Idea by the Company. If the Company has not identified a Product Idea as under consideration within thirty days following submission of such Product Idea by a User, such User may elect to withdraw such Product Idea or make such Product Idea accessible only to InventQuest and InventQuest’s trusted partners for further consideration for commercialization.
· Users who submit Product Ideas will receive detailed analytics related to User feedback and input for that Product Idea, which may be used as a form of market research.
· Selected Product Ideas will be subject to one or more phases, each of which is targeted to get Community ideas, suggestions and input related to a specific aspect of the development of the Product Idea (e.g. the selection of a name, or the color scheme for product).
· For each phase, Users post their suggestions or ideas to solve or address the problem presented in that phase.
· Users are credited with “Influence” on a particular Product Idea through their participation on the Site, including submitting Product Ideas, evaluating Product Ideas and participating in phases.
· Once all the phases related to a Product Idea are completed, the Company may then manufacture the Product Idea and sell the commercialized version of the Product Idea.
· The Company will distribute a portion of all revenue generated from the sale of a commercialized version of a Product Idea, selected and developed through the Site, to those Users who participated in the development of the Product Idea, in proportion to each User’s Influence, which is determined through the Company’s proprietary and confidential algorithms.
THE SELECTION, DEVELOPMENT, MANUFACTURE AND SALE OF ANY PRODUCT IDEA IS SUBJECT TO THE COMPANY’S SOLE AND ABSOLUTE DISCRETION AND THE COMPANY RESERVES THE RIGHT, FOR ANY OR NO REASON, TO (I) REJECT ANY SUBMITTED PRODUCT IDEA, (II) REFUSE TO POST ANY SUBMITTED PRODUCT IDEA TO THE SITE, (III) TERMINATE THE DEVELOPMENT OR ANY PHASE RELATED TO A PRODUCT IDEA, (IV) TERMINATE THE SALE AND OR MANUFACTURE OF ANY COMMERCIALIZED PRODUCT RELATED TO ANY PRODUCT IDEA, OR (V) SELL OR LICENSE A PRODUCT IDEA, AND/OR ANY INTELLECTUAL PROPERTY RELATED THERETO, TO ANY THIRD PARTY.
Commonly Used Terms and their Definitions
All initial capitalized terms used in this Agreement shall have the meaning ascribed to such terms. In addition to the terms defined elsewhere in this Agreement, the following Terms shall have the meaning listed below:
· “Accepted Product Idea” means any Product Idea that is selected by the Company for development and/or commercialization.
· “Idea Submitter” means any User that pays to submit a Product Idea to the Site.
· “Influence” is the measure of a User’s contribution to a Product Idea, as determined solely at the discretion of the Company.
· “Intellectual Property Rights” means any Invention, writing, trade name, trademark, service mark, mask work or any other material registered or otherwise protected or protectable under state, federal, or foreign patent, trademark, copyright, trade secret or similar laws.
· “Inventions” includes ideas, discoveries, inventions, developments and improvements, whether or not reduced to practice and whether or not patentable or otherwise within the definition of Intellectual Property.
· “Product Idea” means a product concept, design or idea that is submitted by a User to the Site as a Product Idea.
· “Product Sales Revenue” is the total gross revenue actually received by the Company from the sale, license, distribution or marketing of a manufactured and delivered commercialized product that originates out of a particular Accepted Product Idea, less all returns, warranty claims, charge backs and other direct offsets against gross revenue during the applicable period related to that specific product whether from a DRM Sale, Retail Sale or a Wholesale Sale. Product Sales Revenue shall be calculated on a calendar year quarterly basis and the Company will make distributions within 90 days thereafter of Product Sales Revenue from a DRM Sale, Retail Sale or a Wholesale Sale, as the case may be, to those Users who are allocated a percentage of such revenue as provided for herein.
· “Proprietary Information” includes any scientific, technical, trade or business secrets of any person or entity and any scientific, technical, trade or business materials that a person or entity treats, or is obligated to treat, as confidential or proprietary, including, but not limited to, Inventions belonging to a person or entity and confidential information obtained by or given to a person or entity about or belonging to a third party.
· “Person” means any individual, trust or legal entity.
· “Rejected Product Idea” means any Product Idea that is not selected by the Company for development and/or commercialization.
· “Site Content” shall mean all information on the Site and available through the Services, including without limitation designs, text, graphics, pictures, video, animation, information, applications, software, programs, music, sound, audio, schematics, illustrations, diagrams, data, and other files and creative output, in whatever format, and their selection and arrangement.
· “User” is anyone that creates an account online and is registered to post content on the Site and includes all other Persons who participate on the Site other than the Company.
· “User Content” includes all information that a User may transmit to the Site and which may become available for use or display, including without limitation all designs, text, graphics, pictures, video, animation, information, applications, software, programs, music, sound, audio, schematics, illustrations, diagrams, data, and other files and creative output, in whatever format.
InventQuest Control of the Site and Services
You acknowledge that InventQuest is a service provider that has created the Site to allow Users to interact via the Site regarding topics and content chosen by Users, and that Users can alter the information presented on the Site on a real-time basis. InventQuest generally does not regulate the content of communications between Users or Users' interactions with the Services. As a result, InventQuest has very little control, if any, over the quality, safety, morality, legality, truthfulness or accuracy of User Content provided by Users. Nonetheless, InventQuest reserves the right to monitor and/or limit any User Content posted by a User to the Site, including, without limitation Product Ideas.
Other Parties Rights in Content
You acknowledge that: (i) by using the Site you will have access to User Content provided by other Users, and (ii) User Content and Site Content may be provided under license by independent content providers, including contributions from other Users. The Company may not pre-screen User Content submitted by Users to the Site. You acknowledge that the Company and other Users have rights in their respective Site Content and User Content under copyright and other applicable laws and treaty provisions, and that except as described in this Agreement, such rights are not licensed or otherwise transferred by mere use of the Services or posting on the Site. You accept full responsibility and liability for your use of any Site Content or User Content in violation of any such rights. You agree that your creation or submission of any User Content is not in any way based upon any expectation of compensation from the Company or any other Users.
You agree that the Company has the absolute right and permission to use your name, voice, image, likeness, and your applicable User compensation information, including for example any commisions paid and your Influence percentage, as well as representations made by you, in any media (including, without limitation, television, print, radio and the Internet), world-wide, for the purposes of advertising, promoting, reporting and disseminating information about the Company, the Company’s business or an Accepted Product Idea.
Payments by Users for Market Research Data
The Site has been created primarily to provide low-cost market research to a Person with respect to Product Ideas. An Idea Submitter must pay the advertised fee to submit a Product Idea to the Community. The Site will collect and organize feedback received from the Community with respect to each Product Idea and will provide the results to the Idea Submitter. The Company makes no representations or warranties regarding the volume or quality of any feedback provided and each Idea Submitter acknowledges and agrees to bear the risk that Users may not provide any meaningful feedback with respect to a Product Idea.
Payments by the Company to Users
While one aspect of the Site is to provide Users, including Idea Submitter’s with the right to share in Product Sales Revenue, Users should not participate on the Site or in the Services primarily for financial gain, as any actual monetary compensation actually received by a User in connection with the Site, may or may not bear any relation to the actual time invested on the Site, or the quality or quantity of User Content submitted, or Influence allocated. The Company will make 30% of Product Sales Revenue from Retail Sales and 10% of Product Sales Revenue from DRM Sales and Wholesale Sales available for distribution to those Users who are allocated Influence in the underlying Accepted Product Idea generating the Product Sales Revenue. The Company will make a referral payment to Users who refer customers to the Company at a rate of 10% of the Product Sales Revenue generated from Retail Sales directly attributable to such referrals. In order to be eligible to receive such referral payments, the customer generating the Product Sales Revenue from the Retail Sale on which such referral payment is to be made must complete the referral section on the purchase order identifying the referring User at the time of the customer’s order. In addition to the foregoing, the Company will make a referral payment to Users who refer Idea Submitters to the Company at a rate of 20% of the idea submission fees generated by the Company in connection with the referred Idea Submitter’s posting of a Product Idea. In order to be eligible to receive such referral payments, the Idea Submitter generating the idea submission fees on which such referral payment is to be made must complete the referral section on the Product Idea submission to the Company at the initial time of the Product Idea submission. In no event will a User be credited for any referral payments unless they are specifically identified at the time of sale or idea submission (as applicable). Because the Company may elect in its sole discretion to cease commercializing any Accepted Product Idea, there can be no guarantee that you will ever receive any payments or actual compensation in connection with participating on the Site or providing User Content even if you participate or provide User Content. InventQuest makes no representations or warranties regarding any actual monetary compensation that may be earned in connection with use of the Site or the Services. InventQuest’s obligation to pay Product Sales Revenue to Users, who are allocated such amounts pursuant to the Site, is limited to paying such allocations based upon Product Sales Revenue that is actually received by InventQuest. Notwithstanding any Product Sales Revenue that may be allocated to your account, InventQuest shall be under no obligation to distribute such amount to you until such time as the aggregate amount payable in your account exceeds $75. The Company will calculate all payments owed by the Company to a User as set forth above, on a daily basis, based on the previous day’s sales of a Accepted Product Idea. All amounts earned by a User shall be rounded down to the nearest tenth of cent. If the total amount that a User earns from aggregate sales (including DRM Sales, Retail Sales and Wholesale Sales by the Company) of an Accepted Product Idea for the previous day is less than a tenth of penny (e.g. $.001) then such amount shall be rounded down to zero and no amount will be credited to the User. On an annual basis, InventQuest reserves the right to reset all User accounts below $75 to $0 and to write-off all such unpaid amounts and InventQuest shall have no liability for any such write-offs. InventQuest also reserves the right to withhold or forfeit payments due to any User that has breached this Agreement or any of the other guidelines related to use of the Site. The Company will make payments to Users, upon request from Users for payments, by check, ACH, wire transfer (fee assessed to User) or through any other commercially reasonable manner adopted by the Company from time to time. Subject to the foregoing terms, upon the death of a User, InventQuest will direct payments associated with the Influence accruing from the deceased User’s participation on the Site prior to such User’s death, to a replacement payee if: (a) the Person requesting a replacement payee presents verifiable documentation supporting the replacement payee’s legal entitlement to the deceased User’s payments, and (b) the request for a replacement payee is received by InventQuest within one year from the date of the deceased User’s death. If InventQuest does not receive a request for replacement payee that complies with the foregoing conditions, InventQuest may cancel the deceased User’s account, and write-off any unpaid amounts, with no liability for any such write-offs.
Option to Acquire an Accepted Product Idea
If an Accepted Product Idea is not selected by InventQuest for manufacturing within nine months of initially launching on the “Upcoming” page of the Site, the Accepted Product Idea Submitter has the option to, within one week of the aforementioned nine month deadline, acquire ownership from InventQuest of all Intellectual Property Rights in the commercialized version of the Accepted Product Idea, in return for paying InventQuest 10% of all revenues generated from such Intellectual Property Rights in perpetuity, and losing all accrued Influence concerning the Accepted Product Idea. If the Idea Submitter exercises the aforementioned option, InventQuest shall receive a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, fully transferable license from the acquirer of the Intellectual Property Rights to use such Intellectual Property Rights in InventQuest’s business, but not to develop products that compete with the acquired commercialized version of the Accepted Product Idea. The foregoing acquisition of Intellectual Property Rights shall be contingent upon the acquirer signing InventQuest’s standard intellectual property assignment and license agreement memorializing the foregoing terms. All net revenues, less associated costs such as, without limitation, attorney fees, actually received by InventQuest in connection with the foregoing option shall be included with Product Sales Revenue when determining payments to Users under the above section titled “Payments by the Company to Users.”
Tax Withholding and InventQuest Payee Information Form
You acknowledge and agree that you be responsible for all taxes due on any payments made to you in connection with your participation on the Site. The Company will be under no obligation to make any payments to you unless you have properly completed and submitted the InventQuest Payee Information Form (the “QPIF”) and the information required in the registration process related to backup withholding taxes. Backup withholding taxes are a type of withholding for federal income taxes on certain types of income. InventQuest may be required by law to withhold these taxes from amounts payable to you unless you are otherwise exempt from backup withholding. US citizens and resident aliens will typically be exempt from backup withholding if they properly report their name and Social Security number to InventQuest on the QPIF and that information matches the IRS records.
Service Interruptions and Site Changes
InventQuest reserves the right to interrupt the Site with or without prior notice for any reason or no reason. You agree that InventQuest will not be liable for any interruption of the Site, delay or failure to perform. InventQuest has the right at any time for any reason or no reason to change and/or eliminate any aspect(s) of the Site and/or the Services as it sees fit in its sole discretion.
Certain aspects of the Site, such as posting a Product Idea, may be for a fee or other charge. These fees and charges are described on the Site, and in the event you elect to use paid aspects of the Services, you agree to the pricing, payment and billing policies applicable to such fees and charges, posted on the Site. InventQuest may add new services for additional fees and charges, or proactively amend fees and charges for existing services, at any time in its sole discretion. All fees paid to the Company are solely for services provided by the Company through the Site and no payments made in connection with the Site should be made with any expectation by a User to receive any return payment, including any portion of Product Sales Revenue, from the Company.
Registration Data; Account Security
In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data and any other information you provide to Company, and keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.
Proprietary Rights in Site Content; Limited License
Ownership of User Content
The Company and each User that is a party to this
Agreement acknowledges and agrees that, subject to the terms and
conditions of this Agreement, Users may retain any and all applicable
copyright and other Intellectual Property Rights with respect to any
User Content that a User creates or submits using the Services, to the
extent such User has such rights under applicable law.
“INVENTQUEST” and other InventQuest graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress (collectively, the “Marks”) of InventQuest in the U.S. and/or other countries. The Marks may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion or association or affiliation with InventQuest and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.
Conduct by Users; Prohibited Conduct
You agree that you shall not: (i) take any action or upload, post, e-mail or otherwise transmit to or via the Site any User Content that infringes or violates any third party rights, including without limitation all Intellectual Property Rights, or that constitutes any other Person’s Proprietary Information; (ii) impersonate any Person without their consent, including, but not limited to, a InventQuest employee, or falsely state or otherwise misrepresent your affiliation with any Person; (iii) take any action or upload, post, e-mail or otherwise transmit to or via the Site any User Content that violates any law or regulation; (iv) take any action or upload, post, e-mail or otherwise transmit to or via the Site any User Content as determined by InventQuest at its sole discretion that is harmful, threatening, abusive, harassing, causes tort, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (v) take any actions or upload, post, e-mail or otherwise transmit to or via the Site any User Content that contains any viruses, Trojan horses, worms, spyware, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (vi) take any action or upload, post, email or otherwise transmit to or via the Site any User Content that would violate any right or duty under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (vii) upload, post, email or otherwise transmit to or via the Site any unsolicited or unauthorized advertising, or promotional materials, that are in the nature of "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation that the Company considers in its sole discretion to be of such nature; (viii) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; (ix) attempt to gain access to any other User’s account or password; or (x) "stalk", abuse or attempt to abuse, or otherwise harass another user; (xi) charge any third party for use of the Site or the Services; or (xii) modify, adapt, reverse engineer, decompile or attempt to discover the source code of the Site or any of its algorithms that are utilized to allocate Influence. Any violation by you of the terms of the foregoing may result in immediate and permanent suspension or cancellation of your account and the forfeiture of any accrued Influence and any amounts otherwise due to you from the Company.
User Presentation of InventQuest or InventQuest Products
Users may choose to produce a web application (including, without limitation, a website, blog, Facebook page, Twitter page, or similar) promoting or otherwise presenting InventQuest or InventQuest products.
Any such application must comply with the following guidelines:
1. Post the following notice clearly and conspicuously on each and every page within an application: "This application is not affiliated with, endorsed by, or in any manner provided or controlled by InventQuest, InventQuest, assumes no liability for the content of this application."
2. If using any InventQuest branding (including, without limitation, InventQuest or InventQuest product brand names or logos), do not distort or alter the brand appearance. For example, don't change any spelling, don't add or merge words, don't alter color, font or dimensions.
3. If using any InventQuest created imagery (still photos or videos), include the following attribution: "© InventQuest, All rights reserved." adjacent to each instance of imagery.
4. Don't claim any untrue association with InventQuest. InventQuest Users are not employees, consultants, contractors or agents of InventQuest.
the InventQuest name or other InventQuest brand name in a domain name
(including, without limitation, Facebook page URL or Twitter page URL).
Resale of Products
If you purchase a product through this Site, and receive Influence associated with the corresponding Product Idea at any point in time, such purchase is expressly subject to your compliance with your agreement and commitment not to sell such product in new and unused condition at a price lower than the price then offered by InventQuest at the Site at the time of your resale. Any violation by you of the foregoing condition may result in immediate and permanent suspension or cancellation of your account and the forfeiture of any accrued Influence and any amounts otherwise due to you from the Company. InventQuest expressly reserves the right to impose additional conditions on product purchases, such as, without limitation, volume restrictions and additional retail distribution terms and conditions.
Copyright Infringement Complaints
We respect the intellectual property rights of others and
we prohibit Users from uploading, posting or otherwise transmitting on
the Site or via the Services any materials that violate another party's
Intellectual Property Rights or that constitutes another Person’s
Proprietary Information. Any infringing materials posted by any User can
be identified and removed pursuant to InventQuest’s Digital Millennium
Copyright Act (the “DMCA”) compliance process, provided herein, and
you agree to comply with such process in the event you are involved in
any claim of copyright infringement to which the DMCA may be applicable.
1. Identification of copyrighted material allegedly being infringed, including an attached file containing the copyrighted material;
2. Identification of the Site Content claimed to be infringing including the specific location within the Site of the allegedly infringing Site Content;
3. Your contact information, including address, telephone number and e-mail address, and if you are not the owner of the copyright that has been allegedly infringed, an explanation of your relationship to the copyright owner;
4. A statement that you have a good faith belief that the allegedly infringing Site Content is not authorized by the copyright owner, its agent, or the law, and that under penalty of perjury, the information provided is accurate, and you are authorized to make the complaint on behalf of the copyright owner; and
5. Your signature.
InventQuest will, upon receiving your notice of copyright infringement, if that notice complies with the foregoing five requirements, take one or more of the following actions: (a) reasonably determine that the allegedly infringing Site Content is not infringing, and allow the Site Content to remain, (b) contact the Person who posted the allegedly infringing Site Content concerning your notice of infringement, and (c) remove the allegedly infringing Site Content. By your use of this Site, you expressly agree to and accept the foregoing DMCA compliance process, acknowledge its compliance with US Copyright law, and waive any and all claims against InventQuest directly relating to, or arising from, the foregoing DMCA compliance process.
Repeat Infringer Policy
In accordance with the DMCA and other applicable law, InventQuest has adopted a policy of terminating, in appropriate circumstances and at InventQuest’s sole discretion, Users who are deemed to be repeat infringers. InventQuest may also at its sole discretion limit access to the Site and/or terminate the accounts of any Users who infringe any Intellectual Property Rights or who disclose Proprietary Information of others, whether or not there is any repeat infringement or disclosure. Any amounts that may otherwise be or may become due from the Company to any User, who has submitted User Content that infringes any Intellectual Property Rights or discloses Proprietary Information of any other Person is subject to forfeiture, at the sole discretion of the Company.
Monitoring User Content
InventQuest is not responsible or liable in any manner for any User Content posted on the Site or in connection with the Services. Although we provide rules for User conduct and postings, we do not control and are not responsible for what Users post, transmit or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable Site Content you may encounter on the Site or in connection with any User Content. The Company is not responsible for the conduct, whether online or offline, of any User of the Site or Services.
Disputes Between Users
As a condition of access to the Site and the Services, you release InventQuest (and InventQuest’s shareholders, affiliates, directors, officers, subsidiaries, employees, and agents) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute you have or claim to have with one or more Users of the Site; including, without limitation, any claim that another User infringes upon your Intellectual Property Rights in any User Content that you may provide. You further understand and agree that: (a) InventQuest will have the right but not the obligation to resolve disputes between Users relating to the Services, and InventQuest’s resolution of any particular dispute does not create an obligation to resolve any other dispute; (b) to the extent InventQuest elects to resolve such disputes, it will do so in good faith based solely on the general rules and standards of the Services and will not make judgments regarding legal issues or claims; (c) InventQuest’s resolution of such disputes will be final with respect to the Site, and any allocation of Influence or the allocation of any payments due to Users related to the foregoing, but will have no bearing on any real-world legal disputes in which Users of the Services may become involved; and (d) you hereby release InventQuest (and InventQuest’s shareholders, affiliates, directors, officers, subsidiaries, employees, and agents) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with InventQuest’s resolution of disputes relating to the Site or the Services.
All Data on the Company’s Servers is subject to Deletion, Alteration or Transfer
When using the Site or the Services, you may accumulate
Site Content, Influence, objects, items, scripts, or other value or
status indicators that reside as data on the Company’s servers. THIS
DATA, AND ANY OTHER DATA, ACCOUNT HISTORY AND ACCOUNT NAMES RESIDING ON
INVENTQUEST’S SERVERS, MAY BE DELETED, ALTERED, MOVED OR TRANSFERRED
AT ANY TIME FOR ANY REASON IN INVENTQUEST’S SOLE DISCRETION.
Notwithstanding the foregoing, the Company will maintain back-up records
related to any actual accumulated unpaid cash amounts earned by Users,
and to the extent such information is deleted or otherwise altered, the
Company will use its best efforts to accurately recreate such
information to satisfy its payment obligations.
All Services are Provided "as is" Without Express or Implied Warranties
INVENTQUEST PROVIDES THE SITE, THE SERVICES, YOUR ACCOUNT
AND ALL RELATED GOODS AND SERVICES STRICTLY ON AN "AS IS"
BASIS, PROVIDED AND ACCEPTED AT YOUR OWN RISK, AND HEREBY EXPRESSLY
DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, WRITTEN OR ORAL,
EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED
WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A
All Services Provided and Sales Made on “as is”, no refund basis
THERE WILL BE NO REFUNDS FOR ANY REASON. ALL SALES MADE BY THE COMPANY ARE FINAL AND ARE MADE WITHOUT ANY GUARANTEE. BY MAKING A PURCHASE WITH THE COMPANY, YOU HAVE READ AND UNDERSTAND OUR NO REFUNDS POLICY. Notwithstanding the foregoing, the Company will refund fees paid to post a Product Idea if such idea is rejected by the Company and not posted to the Site for Community review and feedback. NOTWITHSTANDING THE FOREGOING, THE COMPANY WILL ENDEAVOR TO REFUND THE PURCHASE PRICE (EXCLUDING SHIPPING AND HANDLING COSTS) OF PRODUCTS RETURNED TO THE COMPANY WITHIN 90 DAYS OF PURCHASE FROM THE SITE.
InventQuest’s liability to you is expressly limited, to the extent allowable under applicable law
IN NO EVENT SHALL INVENTQUEST OR ANY OF ITS SHAREHOLDERS,
AFFILIATES, DIRECTORS, OFFICERS, SUBSIDIARIES, EMPLOYEES, OR AGENTS BE
LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL,
CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT
LIMITATION ANY DAMAGES FOR LOST PROFITS, ARISING (WHETHER IN CONTRACT,
TORT, STRICT LIABILITY OR OTHERWISE) OUT OF OR IN CONNECTION WITH THE
SERVICES OR THE SITE (INCLUDING WITHOUT LIMITATION ITS MODIFICATION OR
TERMINATION), YOUR ACCOUNT (INCLUDING WITHOUT LIMITATION ITS TERMINATION
OR SUSPENSION) OR THIS AGREEMENT, WHETHER OR NOT THE COMPANY MAY HAVE
BEEN ADVISED THAT ANY SUCH DAMAGES MIGHT OR COULD OCCUR AND
NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IN
ADDITION, IN NO EVENT WILL INVENTQUEST’S CUMULATIVE LIABILITY TO YOU
FOR DIRECT DAMAGES OF ANY KIND OR NATURE EXCEED ONE HUNDRED DOLLARS
You hereby agree to defend, indemnify and hold harmless InventQuest, its shareholders, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, distributors, successors and assigns and other Users of the Services, from all damages, liabilities, claims and expenses, including without limitation attorneys' fees and costs, arising from any breach of this Agreement by you, or from your use of the Services. You agree to defend, indemnify and hold harmless the Company, its shareholders, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, and distributors, successors and assigns from all damages, liabilities, claims and expenses, including without limitation attorneys' fees and costs, arising from any claims by third parties that your activity on the Site or your User Content (including your User Content as incorporated in a commercialized Product Idea) infringes upon, violates or misappropriates any of their Intellectual Property Rights or discloses their Proprietary Information.
Except as otherwise provided herein, including without limitation, in the Section “Media Waiver”, the personal information you provide to us during registration is used for the Company’s internal purposes only. InventQuest uses the information it collects to learn what you like and to improve the Services. InventQuest will not give any of your personal information to any third party or otherwise disclose your personal information without your express approval except: as reasonably necessary to fulfill your service request or purchase order, to third-party fulfillment houses, customer support, billing and credit verification services, and the like; to comply with tax and other applicable law; as otherwise expressly permitted by this Agreement or as otherwise authorized by you; to law enforcement or other appropriate third parties in connection with criminal investigations and other investigations of fraud; in connection with a merger, sale, reorganization, dissolution or liquidation of InventQuest businesses, to prospective or actual acquirers of InventQuest assets; or as otherwise necessary to protect the Company, its agents and other users of the Services. InventQuest does not guarantee the security of any of your private transmissions against unauthorized or unlawful interception or access by third parties. InventQuest can (and you authorize InventQuest to) disclose any information about you to private entities, law enforcement agencies or government officials, as InventQuest, in its sole discretion, believes necessary or appropriate to investigate or resolve possible problems or inquiries, or as otherwise required by law. You agree that InventQuest may communicate with you via email and any similar technology for any purpose relating to the Site. You acknowledge and agree that InventQuest, in its sole discretion, may track, record, observe or follow any and all of your interactions within the Services. The Company may share general, demographic, or aggregated information with third parties about its Users and their User Content and Site usage, but that information will not include or be linked to any personally identifiable information without your consent.
Dispute Resolution; Governing Law; Venue and Jurisdiction
By visiting or using the Site and/or the Services, you
agree that the laws of the State of
The Site and the Services is controlled and operated by
InventQuest from its offices within the
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