Terms of Use

Terms of Use

Infrared Incorporated Terms of Use

This Terms of Use Agreement (the "Agreement") is between you, any company or business entity on whose behalf you are acting, and Infrared Incorporated, which own and operate Infrared Incorporated network of Web properties (collectively the "Infrared Incorporated Site"). By your use of the Infrared Incorporated Site you agree, without limitation or qualification, to be bound by, and comply with this and all future Agreements. If you do not wish to be bound by the terms of this Agreement, please do not use this Web site.

Infrared Incorporated Content & User Provided Content

The term "Infrared Incorporated Content" means any information, data, text, messages, articles, software, photos, video, graphics, music, sounds and any other material or services posted on the Infrared Incorporated Site by Infrared Incorporated, except User Provided Content. By access and use of this site, you agree that all Infrared Incorporated Content is the sole property of Infrared Incorporated and its licensors who shall retain all right, title, and interest in and to it.

The term "User Provided Content" means all information, text, messages, articles, photos, or other material provided by you or other users, whether publicly posted or privately transmitted. User Provided Content is the sole responsibility of the person who provided it. You represent and warrant that you own or otherwise control all of the rights to the User Provided Content that you submit to the Infrared Incorporated Site, and that you, or the owner of any such User Provided Content, grant Infrared Incorporated an unlimited right to use, republish, reproduce, modify or adapt it for any business purpose (except as limited by Infrared Incorporated Privacy Policy Statement), and waive all moral rights in it.

Infrared Incorporated does not control, and is not responsible for, any User Provided Content, nor does Infrared Incorporated guarantee its accuracy or integrity. Notwithstanding, Infrared Incorporated retains the unlimited right, at its sole discretion, to monitor any and all User Provided Content and to edit, delete, render unavailable, or otherwise dispose of any User Provided Content without notice and without liability to any party. You acknowledge that you may be exposed to content that is offensive and/or objectionable to you.

The Infrared Incorporated Web Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. All Infrared Incorporated Content on the Infrared Incorporated Site is protected by copyright, and is owned or controlled by Infrared Incorporated and/or its licensors. You will abide by any and all additional copyright notices, information, or restrictions contained in any Infrared Incorporated Content or User Provided Content on the Infrared Incorporated Site. You may not modify, publish, retransmit, participate in the transfer, sale or resale of, copy (other than temporary copies that may appear in or be created by your browser), create derivative works of, distribute, perform or display any Infrared Incorporated Content in any way, except that you may make one copy for your personal, non-commercial use only, provided that you maintain all copyright and other notices contained in such Infrared Incorporated Content. You may contact Infrared Incorporated if additional use is desired, for which written consent from Infrared Incorporated is required prior to such use. The trademarks, logos, service marks, page headers, custom graphics, button icons, scripts, and trade dress displayed on the Infrared Incorporated Site are registered and unregistered Trademarks of Infrared Incorporated and others. Except as provided in this Agreement or by express written permission of Infrared Incorporated, you may not copy, imitate, or use the Trademarks.

Conduct Limitation

You represent, warrant and covenant that: (a) you will not upload, post or transmit to, or distribute or otherwise publish through the Infrared Incorporated Site either directly or indirectly any materials which (i) restrict or inhibit any other user from using and enjoying the Infrared Incorporated Site, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit, or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or, otherwise violate law, (iv) violate, plagiarize, or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity, or any other proprietary right, (v) contain a virus or other harmful component, (vi) contain any information, software or other material of a commercial nature, (vii) are unsolicited email ("Spam"), or (viii) constitute or contain false or misleading indications of origin or statements of fact; and (b) that you are at least eighteen (18) years old. You specifically agree to comply with all agree with all local rules regarding online conduct and acceptable content.

Some features on the Infrared Incorporated Site require registration. By registering at, and in consideration of, your use of the Infrared Incorporated Site you agree to provide, true, accurate, current, and complete information about yourself, and to maintain and promptly update such information. Some features on the Infrared Incorporated Site may require use of a password. You are responsible for protecting your password. You agree that you will be responsible for any and all statements made, and acts or omissions which occur, through the use of your password. If you have any reason to believe or become aware of any loss, theft, or unauthorized use of your password, notify Infrared Incorporated immediately. Infrared Incorporated will assume that any communication it receives under your password will have been made by you unless Infrared Incorporated receives notice otherwise.

You, or third parties, are not allowed to frame our site, or use our proprietary marks as meta tags, without our written consent. You may not use frames or utilize framing techniques or technology to enclose any Infrared Incorporated Content without Infrared Incorporated express written consent. Further, you may not utilize any Infrared Incorporated Content in any meta tags or any other "hidden text" techniques or technologies without Infrared Incorporated express written consent.

Changes & Termination

Infrared Incorporated may for any reason change, suspend, or discontinue any aspect of the Infrared Incorporated Site, this Agreement, Infrared Incorporated Content, or User Provided Content at any time without notice or liability to you. Such “Changes” become effective upon posting on the Infrared Incorporated Site. Your use of the Infrared Incorporated Site after the time Changes are posted indicates your assent to the Changes. Infrared Incorporated may also impose limits on certain features and services or restrict your access to parts or all of the Infrared Incorporated Web Site without notice or liability. Your exclusive remedy in the event of any of the foregoing will be to terminate your use of the Infrared Incorporated Site. Upon termination, you must immediately destroy any downloaded and/or printed Infrared Incorporated Content, and any installations thereof, which you have obtained from the Infrared Incorporated Site.

Indemnity

You agree to indemnify, defend, and hold harmless Infrared Incorporated, from and against any claim, liability, cost, damage, expense, or loss it may incur (including, without limitation, reasonable attorneys' fees and costs) as a result of (i) your use of User Provided Content or Infrared Incorporated Content; (ii) any content provided by you; (iii) any violation by you of your obligations under this Agreement; and (iv) any violation by you of the rights of others Infrared Incorporated reserves the right, but not the obligation to, at its own expense, assume control of the defense of any action subject to indemnification by you under this Agreement. You agree not to settle any claim arising under this Agreement without the prior written consent of Infrared Incorporated. You will use your best efforts to cooperate with Infrared Incorporated in the defense of any claim.

Disclaimer of Warranties

INFRARED INCORPORATED EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE COMPLETENESS, TRUTH, ACCURACY, NON-INFRINGEMENT OF PROPRIETARY RIGHT, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE OF THE CONTENT FOUND HEREIN. ALL CONTENT PROVIDED ON THE INFRARED INCORPORATED SITE IS TO BE USED ON AN "AS IS, WITH ALL FAULTS" AND "AS AVAILABLE" BASIS. FURTHER, INFRARED INCORPORATED MAKES NO WARRANTY THAT SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT FILES AVAILABLE FOR DOWNLOADING WILL BE FREE OF VIRUSES, WORMS OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES, OR THAT THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL WILL MEET YOUR EXPECTATIONS OR WILL BE ACCURATE, RELIABLE OR RESULT IN REVENUE OR SAVINGS TO YOU.

You agree that Infrared Incorporated will not be held liable to anyone for any loss or injury resulting from your direct or indirect use of the Infrared Incorporated Site. This includes, but is not limited to, loss or injury caused in whole or in part by Infrared Incorporated procuring, compiling, interpreting, reporting or delivering any portion of the Infrared Incorporated Site. Some jurisdictions do not allow the disclaimer of such warranties, so this may not apply to you, but the disclaimer will apply to the furthest extent allowed by law.

Disclaimer of Liability

You acknowledge that Infrared Incorporated will 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 Infrared Incorporated has been advised of the possibility of such damages), resulting from or related to the use or inability to use the Infrared Incorporated Site whether or not such loss or damage is based on contract, tort (including negligence and strict liability) or otherwise. Some jurisdictions do not allow the waiver of such damages, so this may not apply to you, but the waiver will apply to the furthest extent allowed by law.

The Infrared Incorporated Site contains links to, and is linked from, other non- Infrared Incorporated Web sites. Infrared Incorporated makes no claim or representation regarding, and accepts no responsibility for any content, products, or materials on such sites, nor does it assume any responsibility for your reliance on or use of content, products or other materials obtained from such sites. Such reliance is at your own risk.

Governing Law

This Agreement, your rights and obligations, and all actions contemplated by this Agreement will be governed by the laws of the United States of America and the State of Nevada (except with respect to its conflict of law provisions), as if the Agreement were a contract wholly entered into and wholly performed in Washoe County, Nevada, USA, independent of your actual state or country of residence. Any dispute arising out of or relating to this Agreement whether at law or in equity will be resolved exclusively in the federal or state courts located in Washoe County, Nevada, USA, and you hereby irrevocably and unconditionally consent to the exclusive jurisdiction and venue of such courts.

Compliance with Export Control Laws

Some software, documentation, products and technical information available on or through the Infrared Incorporated Site may be subject to U.S. or foreign export controls. By accessing, downloading, purchasing or using such software, documentation, products or technical information you represent and warrant that you are in compliance with and shall abide by any such applicable laws and regulations. Infrared Incorporated makes no representation that materials on the Infrared Incorporated Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited.

Miscellaneous

This Agreement constitutes the entire agreement between Infrared Incorporated and you with respect to your use of the Infrared Incorporated Site. Any cause of action you may have with respect to your use of the Infrared Incorporated Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect. All provisions of this Agreement that impose obligations continuing in their nature shall survive the termination or expiration of this Agreement, including but not limited to, provisions for indemnity and any licenses granted by you to Infrared Incorporated. The failure of Infrared Incorporated to exercise or enforce any provision of this Agreement shall not constitute a waiver of such right or provision.

Company Contact Information

You may also use the contact information below if you have any questions or comments about these Terms of Use or your dealings with the Infrared Incorporated Site.

Infrared Incorporated
5301 Longley Lane, Suite D-154
Reno, NV 89511-1805 USA
Admin@Infrared.com

Notification of Changes

Infrared Incorporated may change these Terms of Use from time to time for any reason. When we make such changes, we will post notification of them on our main page. Your continued use of this site after notification of such changes have been posted shall constitute your assent to be bound by these changes.

ASSENT BY USING INFRARED INCORPORATED WEBSITE YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS.