Website Terms of Use.

1. Acceptance and Modification

Any and all prior or contemporaneous agreements, representations, warranties, and understandings with respect to your use of this Site or its content, and the subject matter of these Terms, are specifically disclaimed and superseded by these Terms. These Terms may be amended, updated, and/or supplemented at any time by us. We may also suspend, modify, discontinue, or remove any portion of the Site, or any content, products, or services made available through the Site, at any time and without notice. Such updates, amendments, and additional rules, policies, terms, and conditions shall be effective immediately and incorporated into these Terms upon notice thereof, which may be given by any reasonable means, including by posting updates to this webpage and changing the “Last Updated” date at the top of this webpage. As such, you should review these Terms prior to using this Site, and again from time to time when you return to this Site.

ACCESS TO THIS SITE (OR PORTIONS THEREOF) AND THE USE OF INFORMATION, MATERIALS, PRODUCTS, OR SERVICES PROVIDED THROUGH THIS SITE (OR PORTIONS THEREOF) IS NOT INTENDED, AND IS PROHIBITED, WHERE SUCH ACCESS OR USE VIOLATES APPLICABLE LAWS OR REGULATIONS.

2. Relationship to Sales Terms

These Terms supplement and are in addition to the Terms of Sale, available here (“Sale Terms”). The Sale Terms govern the purchase and sale of products through the Site, including, without limitation, pricing, payment, shipment, title and risk of loss, warranties and warranty disclaimers, limitation of liability, indemnification, and excuse of performance, and those provisions apply with equal force to the products purchased through the Site. To the extent a conflict exists between these Terms and the Sale Terms with respect to the purchase and sale of products, the Sale Terms shall govern.

3. Online Orders and Order Acceptance

Any order placed through the Site constitutes an offer by you to purchase products which is subject to both the Sale Terms and these Terms. Please note that any order purchased through the Site is not binding on ILLING until accepted by ILLING, and ILLING’s acknowledgment or confirmation of receipt of an order does not by itself constitute acceptance. ILLING accepts an order only upon the earlier of ILLING’s express acceptance or ILLING’s shipment of the products, and ILLING may, in its sole discretion, accept, decline, limit, or cancel any order in whole or in part, including after an acknowledgment has been sent. Product descriptions, images, weights, dimensions, and availability shown on the Site are for general reference, may not reflect the actual products, and are subject to the provisions of the Sale Terms regarding weights, containers, and specifications. The Site may contain typographical, pricing, or other errors, and ILLING reserves the right to correct any such error and to cancel or refuse any order placed based on incorrect information, even after an order has been submitted or acknowledged.

4. User Accounts

Certain features of the Site may require you to create an account. You agree to provide accurate, current, and complete information when registering and to keep that information updated. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account, whether or not authorized by you. You agree to notify ILLING promptly of any unauthorized use of your account or any other breach of security. ILLING is not responsible or liable for any loss or damage arising from your failure to safeguard your credentials. ILLING may suspend, restrict, or terminate any account at any time in its sole discretion, including for any actual or suspected violation of these Terms.

5. User Submissions

If you submit, upload, transmit, or otherwise provide any content, materials, information, files, artwork, designs, specifications, requests, forms, or other materials through or in connection with the Site (collectively, “Submissions”), you represent and warrant that you own or have all rights necessary to provide such Submissions and that the Submissions do not infringe, misappropriate, or otherwise violate the rights of any third party. You grant ILLING a perpetual, non-exclusive, royalty-free, worldwide right and license to use, store, host, copy, reproduce, modify, display, transmit, distribute, process, disclose, and otherwise use the Submissions as ILLING determines reasonably necessary or appropriate to operate, administer, maintain, and improve the Site; respond to your requests; provide products and services; process and fulfill orders; communicate with you; and otherwise conduct ILLING’s business. For the avoidance of doubt, any processing of personal information shall be conducted in accordance with the Privacy Policy. ILLING’s collection, use, and processing of personal information included in Submissions will also be conducted in accordance with ILLING’s Privacy Policy.

You may also provide suggestions, ideas, comments, improvements, recommendations, or other feedback regarding the Site or ILLING’s products, services, or business (collectively, “Feedback”). You acknowledge that Feedback is provided voluntarily, is not confidential, and may be used by ILLING without restriction, attribution, or compensation to you.

6. Ownership

The content, text, organization, selection, and arrangement of elements, graphics, design, compilation, magnetic translation, digital conversion, and all other matters related to the Site, including, without limitation, the “look and feel” of this Site, are protected under applicable copyrights, trademarks, and other proprietary rights and are our property or are included with the permission of the rights owner and are protected pursuant to copyright and trademark laws. You do not acquire ownership rights when viewing this Site. You may not use, copy, distribute, display, publish, transmit, or create derivative works of any content or material on this Site, except as expressly permitted by us or the owner of the proprietary materials.

7. Trademarks

All logos, product names, page headers, custom graphics, button icons, trademarks, service marks, trade dress, and/or trade names displayed, cited, or otherwise indicated on this Site are trademarks and/or registered trademarks of ours or our affiliates or other third parties. The copying, redistribution, use or publication by you of any third-party marks is strictly prohibited. The copying, redistribution, use, or publication by you of any of our marks, except as expressly permitted by us or the owner of the proprietary materials is strictly prohibited.

8. Limited Right to Use the Site

You are granted a limited, non-exclusive, revocable license to access and use the Site solely for personal use, to receive our services or products, or to provide us with services or products. This right does not include the right to, and you shall not (nor shall you facilitate, direct, or assist a third party to):

• Modify, reproduce, or resell any part of the Site’s content or data (excluding your personal information), or otherwise commercially exploit any of the Site’s content or data (even if that content or data is provided by a third party);
• Access, tamper with, or use non-public areas of the Site or ILLING’s computer systems;
• Probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measure;
• Access or search or attempt to access or search the Site by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by ILLING;
• Use any robot, spider, data miner, script, or other automated, semi-automated, or similar means (whether technological or human) to extract or gather data from the Site, or otherwise collect, gather, extract, scrape, or obtain any data or content from the Site for any commercial purpose other than obtaining products and services from ILLING or your own personal, non-commercial use;
• Interfere with or disrupt, or attempt to do so, the access of any user, host, or network, including (without limitation) sending a virus, flooding, spamming, overloading, or mail-bombing the Site;
• Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted on, through, or in connection with the Site;
• Attempt to hide, or direct, facilitate, or assist any third party in hiding, your IP address to circumvent any of the restrictions in these Terms, including, without limitation, where any IP address you have been assigned or used is blocked or dropped by ILLING, where you are hiding or switching your IP address to scrape or collect data and content from this Site, or where you have received a cease and desist or other correspondence from ILLING related to any activity in violation of these Terms that requires you to cease accessing or using the Site;
• Use the Site or any of its content in any manner other than the manner in which it is intended to be used, or in any way that interferes with its normal operations or with any other user’s use and enjoyment of this Site, unless you first obtain ILLING’s express written consent;
• Upload, post, email or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
• Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• Upload, post, email, or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party; or
• Use the Site or its content for any purpose prohibited or restricted by law.

Except for the limited right expressly granted to you in these Terms, ILLING and its licensors expressly reserve all other rights and licenses.

9. Linking to the Site

Except as provided in this Section 9, all links from your website to the Site must receive our prior written approval. Notwithstanding the foregoing, we hereby consent to links from your website to the Site which: (a) have the limited purpose of promoting our goods and services; (b) only link to the homepage of the Site and not to “deeper” pages or graphics of the Site; (c) do not use any of our trademarks or logos for the form of the link or otherwise; (d) do not suggest an affiliation with or endorsement by us of you or your products or services; (e) do not place the Site in a frame within your website when the link is activated; and (f) do not cause confusion with, dilute, or damage our reputation or goodwill or any of our goods or services, as determined by us in our sole discretion. We reserve the right to terminate the above consent at any time in our sole discretion. Persons or entities providing access to this Site via a link from another website are solely responsible for the content, accuracy, opinions expressed, privacy policies, products or services of, or available through, the source website, and for any representations made or impressions created concerning us or our affiliates. Any approval or consent given by us as described above is given without assumption of any liability by us relating to such links, and we hereby disclaim any such liability. Any person or entity providing access or information relating to this Site, whether by link or otherwise, is responsible for bringing these Terms to the attention of the person receiving such access or information. Failure to do so shall not result in liability to us.

10. Indemnification

You agree to indemnify, defend, release, and hold harmless us, our affiliates, and our respective directors, officers, employees, and agents from any liability, loss, claim, fine, penalty, expense, and cost including, without limitation, reasonable attorneys’ fees, related to your violation of these Terms and/or your access or use of the Site or any of the information, materials, products, or services available through this Site.

11. Warranty Disclaimer

THIS SITE AND THE INFORMATION AND MATERIALS PROVIDED FROM, AT, OR THROUGH THIS SITE ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND NEITHER US, OUR AFFILIATES, NOR OUR SERVICE PROVIDERS AND AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, (a) THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, (b) WARRANTIES RELATING TO TITLE AND NON-INFRINGEMENT, (c) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE OPERATION OF THIS SITE OR ANY PART OF IT, (d) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THIS SITE OR ITS AVAILABILITY AT ANY PARTICULAR TIME OR LOCATION; (e) WARRANTIES RELATING TO THE USE, VALIDITY, ACCURACY, CURRENCY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF THIS SITE OR ANY INFORMATION PUBLISHED ON THIS SITE, AND (f) WARRANTIES RELATING TO WEBSITES TO WHICH THIS SITE IS LINKED, AND ANY AND ALL SUCH WARRANTIES ARE DISCLAIMED. THE INFORMATION AND MATERIALS PROVIDED AT THIS SITE OR THE SITE ITSELF MAY CONTAIN ERRORS, PROBLEMS, OR OTHER LIMITATIONS.

It is your responsibility to evaluate (or take professional advice on) the accuracy and completeness of all information, statements, opinions, and other material on this Site or any website with which it is linked. Some jurisdictions do not allow the exclusion or disclaimer of certain warranties. Accordingly, some of the above disclaimers may not apply to you.

12. Limitation of Liability

TO THE FURTHEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL ILLING, ITS AFFILIATES, RELATED ENTITIES, VENDORS, OR LICENSORS (COLLECTIVELY, THE “ILLING PARTIES”) BE RESPONSIBLE OR LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, CONSEQUENTIAL, EXEMPLARY, AND/OR INCIDENTAL DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR THE LOSS OF USE OR REPLACEMENT OF DATA OR LOST PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR ANY OF ITS CONTENT WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF ILLING OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. NOTWITHSTANDING ANYTHING ELSE CONTAINED IN THESE TERMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE ILLING PARTIES SHALL NOT EXCEED ONE HUNDRED DOLLARS (US $100).

YOU AGREE TO PROMPTLY NOTIFY ILLING IN WRITING IF YOU BELIEVE YOU HAVE ANY CLAIM AGAINST THE ILLING PARTIES, AND, IN ANY EVENT, YOU AGREE THAT ANY CLAIM NOT BROUGHT WITHIN ONE (1) YEAR AFTER IT ARISES (OR SUCH SHORTER PERIOD UNDER APPLICABLE STATUTES OF LIMITATION) SHALL BE WAIVED AND RELEASED. SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES OR WARRANTIES. ACCORDINGLY, SOME OF THE EXCLUSIONS AND LIMITATIONS ABOVE MAY NOT APPLY.

13. Privacy Policy

Our Privacy Policy, as it may change from time to time, is a part of these Terms. By agreeing to these Terms, you acknowledge you have read and understood the terms of our Privacy Policy and that you agree with it.

14. Links to Third-Party Websites

The Site may contain links and/or advertisements to other websites as a convenience to you. Those websites are not operated or controlled by us. Neither we nor our affiliates are responsible for the actions, content, accuracy of opinions expressed, privacy policies, products, or services provided through such websites or made available through these resources or appearing in such websites. Neither we nor our affiliates shall have any liability to you for any damages or losses, directly or indirectly, caused or alleged to have been caused as a result of your use or reliance on such websites. We have not investigated, monitored, or checked for accuracy, completeness, or conformance with applicable laws and regulations any of these websites. Inclusion of any linked website on the Site does not imply approval, acceptance, or endorsement of the linked website or any of the products and services made available through such website by us. We do not make any representations whatsoever, or give any warranties of any kind, expressed, implied, or otherwise, about any websites which you may access through the Site, the content thereof, or the products and/or services made available through such websites. If you decide to leave the Site and access these other websites, you do so at your own risk. All rules, policies (including privacy policies), and operating procedures of such websites will apply to you while on such websites.

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Wisconsin, without regard to conflict of law principles. All legal proceedings arising out of or in connection with these Terms shall be brought solely in state or federal courts located in the State of Wisconsin. You expressly submit to the exclusive jurisdiction of said courts and consent to extra-territorial service of process. Notwithstanding the foregoing, we retain the right to bring legal proceedings in any jurisdiction where we believe that breach of these Terms is taking place or originating.

16. International Use of Site

Access to, or use of, this Site or information, materials, products, and/or services on this Site may be prohibited by law in certain countries or jurisdictions. We do not make any representations or warranties regarding the use of or access to this Site outside of the United States and you are responsible for compliance with all applicable laws of the country from which you are accessing this Site.

17. General

• Our failure to enforce any provision of these Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision.
• No agency, partnership, joint venture, or employment is created as a result of these Terms or your use of the Site and unless otherwise stated in these Terms, neither we nor you have any authority of any kind to bind the other in any respect whatsoever or to take any action which shall be binding on the other, except as authorized in writing by the party to be bound.
• These Terms shall be interpreted fairly and in accordance with their plain meaning and shall not be construed for or against either party based on which party drafted or was responsible for preparing these Terms. The headings used in these Terms are for convenience only and shall not affect the interpretation of these Terms.
• If any provision of these Terms is determined to be invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction, such provision shall be enforced to the maximum extent permitted by law and modified to the minimum extent necessary to make it valid, legal, and enforceable, while preserving the parties’ original intent as closely as possible. If such provision cannot be so modified, it shall be severed from these Terms, and the remaining provisions of these Terms shall remain in full force and effect.

18. Termination

You agree that ILLING may issue a warning, temporarily suspend, indefinitely suspend, or terminate your right to use or access all or any part of the Site, without notice, for any reason in ILLING’s sole discretion, including, without limitation, violation of these Terms or ILLING’s belief that your use or access would violate any applicable law or would be harmful to the interests of, or potentially cause financial loss or legal liability to, ILLING, another user, or any third party.

19. Children’s Privacy

Individuals under the age of eighteen (18) (“Minors”) are not permitted to use the Site without the supervision of a parent or legal guardian. Furthermore, we do not knowingly collect or solicit personal information from Minors or knowingly allow such persons to register for an online account or to post personal information on our Site.

20. Notice

ILLING may deliver notice to you by means of email, a general notice on the Site, or by other reliable method to the address you have provided to ILLING.

21. Electronic Communications

You acknowledge that these Terms are a valid and binding agreement. To the fullest extent permitted by law, you agree that these Terms and any other documentation, agreements, notices, or communications between you and ILLING may be provided to you electronically. Please print a copy of all such documentation, agreements, notices, or other communications for your reference.

22. Mobile Devices

Some mobile devices may not be capable of accessing the Site in its entirety. ILLING is not responsible or liable for any errors, inaccuracies, faults, or failures arising from your attempts to access any portion of the Site using any mobile device. Furthermore, you agree that you alone are responsible for all access and connectivity charges imposed by your communications carrier in connection with your use of any mobile device.

23. Email Marketing

ILLING may send promotional and marketing communications by email when you provide an email address or when you otherwise consent to receive them. You can opt out of receiving marketing emails from us at any time by selecting the “unsubscribe” link in the relevant emails or by contacting us through the method described below. Opting out of marketing emails will not affect transactional or relationship messages, such as order confirmations, invoices, account notices, and other communications related to your purchases or use of the Site, which we may continue to send as permitted by law.

24. SMS/Text Message Support

ILLING may, now or in the future, offer one or more text message (SMS) programs. If you affirmatively opt in to receive text messages from ILLING, you consent to receive recurring marketing and/or informational text messages from or on behalf of ILLING at the mobile number you provide, which may be sent using automated technology. Consent to receive marketing text messages is not a condition of purchasing any products or services. Message frequency may vary, and message and data rates may apply depending on your mobile plan. You may opt out of text messages at any time by replying STOP to any message, and you may reply HELP for assistance. ILLING and the participating carriers are not liable for delayed or undelivered messages. Any text-messaging program is also subject to the Privacy Policy and may be subject to additional program terms made available by ILLING.

25. Recording and Monitoring

In the course of its business, ILLING may monitor, record, transcribe, and retain communications with users and customers, including telephone calls, video conferences, and virtual meetings, for purposes such as quality assurance, training, recordkeeping, dispute resolution, and improving its products and services. ILLING may use third-party service providers and tools to do so, including its customer relationship management platform and associated meeting recording, transcription, and conversation-analysis features.

26. Contacting Us

If you have any questions regarding these Terms or any other matter, please contact us by email at [email protected] or call us toll-free at 888-870-1355.