Terms of Use

This website is owned and operated by InComm. InComm offers this website, including all information, products and services available from this website, to you the user, conditioned upon your acceptance of all the terms, conditions, policies and notices stated here. Your continued use of the website constitutes your agreement to all such terms, conditions, policies and notices.

Your Use of the Site

This website is for your personal and noncommercial use. As a condition to your continued use of the website, you agree that you will not use the website for any purpose that is unlawful or prohibited by these Terms of Use.

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree to (i) immediately notify InComm of any unauthorized use of your account or password or any other breach of security on the site of which you are aware, and (ii) exit from your account at the end of each session. InComm is not liable for any loss or damage arising from your failure to protect your account or password. If you are under 18, you may use the services provided via this site only with the permission of a parent or guardian. InComm and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

Accuracy, Completeness and Timeliness of Information on the Site

We are not responsible if information we make available on this site is not accurate, complete or current. The materials on this site are provided for general information only and should not be relied upon or used as the sole basis for making significant decisions without consulting primary or more accurate, more complete or more timely sources of information. Any reliance on the materials on this site will be at your own risk. This site may contain certain historical information. Historical information necessarily is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on the site. You agree that it is your responsibility to monitor changes to the site.

International Users

InComm makes no claims that the content on this site is appropriate or may be downloaded outside of the United States. Access to the site may not be legal in certain countries or for certain persons. If you access the site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction regarding online conduct and acceptable content.

Use of Materials from the Site

This site and all of its contents (including but not limited to software, files, graphics and data) are the property of and owned by InComm and/or its affiliates, suppliers or licensors and are protected by copyright, trademark and other laws of the United States and other countries. You may display and electronically copy, download and print hard copy versions of the materials contained on the site for your personal and noncommercial use, provided that you do not modify or delete any copyright, trademark or other proprietary notice that appears on the materials you copy, download or print. When you display, copy, download or print any materials on or from the site, they are provided to you by InComm and/or its affiliates, suppliers or licensors under a non-exclusive and limited license that is revocable. InComm and/or its affiliates, suppliers or licensors retain full and complete title to the materials and to any and all of the associated intellectual property rights. Any other use of the materials on the site, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any materials, information, software, products or services obtained from the site, without the prior written permission of InComm, is expressly prohibited. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of InComm or its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing InComm's or its affiliates' name or trademarks without the express written consent of InComm. Any unauthorized use terminates the permission or license granted by InComm.

Requests for permission to undertake any of these activities should be mailed to:

InComm
250 Williams Street
Suite M-100
Atlanta, GA 30303
Attention: Legal Department

Disclaimers

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR ANY PART THEREOF AT ANY TIME. INCOMM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SITE ARE NONINFRINGING; THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM INCOMM OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. INCOMM DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.

IN CERTAIN STATES, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT NEITHER INCOMM NOR ANY OF ITS AFFILIATES, SUBSIDIARIES OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES RELATING TO OR RESULTING FROM YOUR USE OR INABILITY TO USE THIS SITE OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS SITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF ELECTRONIC MAIL MESSAGES YOU SEND US. THESE INCLUDE DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, YOUR LOSS OF PROFITS, LOSS OF DATA, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, AND OTHER TANGIBLE AND INTANGIBLE LOSSES. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, AS THE RESULT OF NEGLIGENCE OR OTHERWISE ARISE OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, USES, PRODUCTS OR MATERIALS AVAILABLE FROM THIS SITE, AND EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify, defend and hold harmless InComm and its affiliates and subsidiaries, and their officers, directors, employees, contractors, agents, licensors and suppliers, from and against all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from any violation of these Terms of Use or any activity related to your account or password (including but not limited to negligent or wrongful conduct), by you or any other person accessing the site using your account or password. If you cause a technical disruption of the site or the systems transmitting the site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from that disruption.

Featured Links

This website may contain hyperlinks to other Internet sites. These hyperlinks are provided for your information and convenience only. InComm does not control these other websites and is not responsible for their content; nor does InComm's inclusion of hyperlinks to such websites imply any endorsement or approval of the material on such websites or any association with their operators. Check the URL address provided in your browser to determine whether you are still in this InComm website or have moved to another site.

Trademarks

The trademarks, service marks, graphics and logos featured on this site are registered or unregistered trademarks, service marks or trade dress of InComm or its affiliates. InComm's trademarks, service marks and trade dress may not be used in connection with any product or service that is not InComm's, in any manner that is likely to cause confusion, mistake or deception among customers or in any manner that disparages or discredits InComm or its affiliates. Nothing contained on the site should be construed as granting by implication, estoppel or otherwise any license or right to use any trademark displayed on the site without the express written consent of InComm or such third party that may own the trademark. Misuse of any trademarks, or any other content, displayed on the site is prohibited. InComm aggressively enforces its intellectual property rights, including via civil and criminal proceedings.

Copyrights

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is the property of InComm and its affiliates and is protected by U.S. and international copyright laws. You should assume that everything on the site is copyrighted unless otherwise noted and that it must not be used except with the express written consent of InComm or any third party InComm deems necessary. InComm neither warrants nor represents that your use of the material displayed on this site will not infringe rights of third parties.

Any product, service, program or technology described on the site may be the subject of intellectual property rights (including but not limited to copyright, trademark or patent rights) owned by InComm or a third party. Any such right that is not expressly licensed herein is reserved by InComm or the third party that owns such right. This site and all of its contents including, but not limited to, text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of the United States and other countries.

Intellectual Property Rights of Others

We respect the intellectual property rights of others, and we request that our visitors do the same. If you think your work has been copied in a manner that constitutes copyright infringement, you may notify our copyright agent, who can be reached at:

InComm
250 Williams Street
Suite M-100
Atlanta, GA 30303
Attention: Legal Department

The notification must include ALL of the following:

A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
a description of the copyrighted work you claim has been infringed;
a description of where the material you claim is infringing is located on the site;
your address, telephone number, e-mail address and all other information reasonably sufficient to permit InComm to contact you;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Dealings With Advertisers

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through this site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that InComm is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on this site.

Termination of Privileges

InComm reserves the right to terminate your privilege of using all or any portion of this website at any time and without notice to you if, in its sole judgment, you breach any of these Terms of Use, including all of your privileges and your account in connection with the website.

Changes to These Terms of Use

InComm reserves the right to make changes to these Terms of Use at any time by posting the revised Terms of Use on the site. It is your responsibility to check periodically for any changes we may make to these Terms of Use. By continuing to use the website, you are agreeing to all changes made by InComm.

Jurisdiction

This website is controlled and operated by InComm from its principal offices in the State of Georgia in the United States. The laws of the State of Georgia and the United States govern these Terms of Use and your use of the site and purchase of products and services from this site, and you irrevocably consent to the exclusive jurisdiction of the courts located in Georgia for any action to enforce these Terms of Use. We recognize that it is possible for you to obtain access to this site from any jurisdiction in the world, but we have no practical ability to prevent such access. This site has been designed to comply with the laws of the State of Georgia and the United States. Those who choose to access the website from other locations do so on their own initiative and are responsible for compliance with local laws if and to the extent local laws are applicable. If any material on this site or your use of the site is contrary to the laws of the place where you are when you access it, then the site is not intended for you and we ask you not to use the site. You may not use or export materials on this site in violation of United States export laws or regulations. This website is not intended to subject InComm to the laws or jurisdiction of any state, country or territory other than the State of Georgia and the United States of America.

Miscellaneous

If any provision of this agreement is unlawful, void or unenforceable, the remaining provisions of the agreement will remain in place. These Terms of Use constitute the entire agreement and understanding between you and InComm with respect to use of the website, superseding all prior or contemporaneous communications. The failure of InComm to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to use of the website to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

How to Contact Us

If you have any questions or comments about these Terms of Use or this site, you may contact us by

calling us at:

(800) 486-8394

or writing us at:

InComm Customer Care
250 Williams Street
5th Floor
Atlanta, GA 30303