Welcome to InternMart, Inc.
Dated: May 15, 2020
Account Registration & Termination
Age and Residence Requirements; U.S. Jurisdiction
Your License to Use InternMart, Inc. Content
Social Distribution and Widgets
User Content and Activities
Acceptable Use Policy
Email and Text Message Notifications
Payments and Renewals
Account Cancellation and Refunds
Credit/Debit Card Processing & Payments
Third Party Links, Content and Applications
Career Information and Jobs
Bibliography and Citation Services
Disclaimer of Warranties
Limitations of Liability, Waiver
Reporting Copyright and Other Intellectual Property Violations
Arbitration Location and Procedure
Return of Digital Access Codes
InternMart, Inc Honor Code
Contacting InternMart, Inc.
InternMart, Inc. provides a variety of services, both online and offline, designed to improve the overall academic experience and help users save money. You may only have one InternMart, Inc. account for use of the Services. You may not create or use more than one account, and you may not share your account or any of the Services with others. All information you provide to create an account must be accurate and complete. You may not impersonate any other person or use a name that is not your own. It is your responsibility to update your account information to keep it current and accurate. When you set up an account, you must also choose a password. You are solely responsible for maintaining the confidentiality of your password, and for any and all use of your account. You agree not to use the account, username, or password of another user at any time, nor to disclose your password to any third party. You agree you will not sell or share or otherwise transfer your enrollment or any enrollment rights. You agree to notify InternMart, Inc. immediately if you suspect any unauthorized use of your account or access to your password. InternMart, Inc. has the right to terminate your account for any reason at our sole discretion without notice to you.
The Services are owned and operated by InternMart, Inc. Unless otherwise explicitly specified by InternMart, Inc., all materials that are included in or otherwise a part of the Services, including past, present, and future versions, domain names, source and object code, the text, site design, logos, graphics, bibliographic and citation information, citation guides, icons, and book cover images, as well as the selection, assembly and arrangement thereof and the "look and feel" of the Services (collectively, "InternMart, Inc. Content"), are owned, controlled, or licensed by InternMart, Inc. or InternMart, Inc.'s third party partners. InternMart, Inc. Content is protected from unauthorized use, copying and dissemination by copyright, trademark, patent, and other laws, rules, regulations and treaties. All rights in images of books or other publications included in the Services are reserved by the copyright owners of such materials. Portions of the bibliographic and citation content included in the Services are supplied by third parties. Any unauthorized use of InternMart, Inc. Content is prohibited . Any unauthorized use of the materials appearing on the Services may violate copyright, trademark, patent, and other applicable laws, rules, regulations, and treaties, and could result in criminal or civil penalties
InternMart, Inc. may allow you but only through express written permission to engage in certain personal uses of InternMart, Inc. Content that include the ability to share certain InternMart, Inc. Content with others ( "Social Distribution"). For example, the Services may allow you to send certain InternMart, Inc. Content to friends, display InternMart, Inc. Content on your personal web site or post InternMart, Inc. Content on a third-party web site. You agree that you will not imply that you and InternMart, Inc. are affiliated in any way or that InternMart, Inc. approves of your comments. We reserve the right to revoke our permission for Social Distribution at any time and for any reason, and you agree to immediately cease Social Distribution upon notice of revocation and to comply with any terms we post in connection with the Social Distribution of InternMart, Inc. Content.
Similarly, the Services may provide content that you may choose to embed on your personal web page, third party web site or social networking site by pasting the HTML or other code provided by us (typically labeled as an embed code) ("Widgets"). Widgets are InternMart, Inc. Content and subject to the limited, revocable license described above. We may discontinue providing the services necessary for the Widgets to operate or we may disable Widgets you have embedded at any time for any reason without any liability to you. You agree that our permission to you to use Widgets does not provide you (or any third party) with any intellectual property rights in or to the Widget or any InternMart, Inc. Content made available via any Widget.
Notice to Third Party Sites: Any InternMart, Inc. Content made available in connection with your site, or otherwise, by our Widgets, third party widgets or otherwise, is our exclusive property and no grant of any intellectual property rights is made by us. We retain the right to demand that you cease any use of InternMart, Inc. Content upon notice.
When you submit, post, upload, embed, display, communicate, link to, email or otherwise distribute or publish any review, problem, suggestion, idea, solution, question, answer, class notes, course outline bibliographic and citation information comment, testimonial, feedback, message, image, video, text, profile data or other material ("User Content") to InternMart, Inc., any InternMart, Inc. employee or contractor, or a InternMart, Inc. Website, you grant InternMart, Inc. and our affiliates, licensees, distributors, agents, representatives and other entities or individuals authorized by InternMart, Inc., a non-exclusive, worldwide, perpetual, unlimited, irrevocable, royalty-free, fully sublicensable (through multiple tiers) and fully transferable right to exercise any and all copyright, trademark, publicity, and database rights you have in the content, in any media known now or in the future, and to make, use, reproduce, copy, display, publish, exhibit, distribute, modify, sell, offer for sale, create derivative works based upon and otherwise use the User Content .
Note that we may create, facilitate or display social advertisements, whereby your name, profile and photo may be used to advertise products and services to your network based on your use of the Services and your interactions with InternMart, Inc. You agree that InternMart, Inc. may use your name and profile picture in connection with social ads to advertise products and services to your network based on your use of the Services and your interactions with InternMart, Inc. and third parties through the Services.
You further agree that InternMart, Inc. is free to use any ideas or concepts contained in any User Content for any purposes whatsoever, including, without limitation, developing, manufacturing and marketing products and services; and creating informational articles, without any payment of any kind to you. You authorize InternMart, Inc. to publish your User Content in a searchable format that may be accessed by users of the Services and the Internet. To the fullest extent permitted by law, you waive any moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you.
InternMart, Inc. is not required to host, display, or distribute, and may remove at any time, any User Content. InternMart, Inc. reserves the right to change the format, sizing, and any other display specifications of the Content as it sees fit.
It is our policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested, to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently.
You agree that InternMart, Inc. has no obligation to monitor or enforce your intellectual property rights to your User Content but has the right to protect and enforce its and its licensees' rights to your User Content. You further acknowledge and agree that, to the fullest extent permitted by applicable law, InternMart, Inc. will not have any obligation to you with regard to User Content and that InternMart, Inc. may or may not monitor, display or accept your User Content and may delete it at any time. We may, but are not obligated to, review User Content prior to posting it on or distributing it through the Services or allowing them to be distributed through the Services. This includes private messages exchanged by you and other users through the Services. This "User Content and Activities" section shall survive any expiration or termination of your relationship with InternMart, Inc.
You are solely responsible for the User Content you submit, through or in connection with our Services, and any material or information that you transmit to other users and for your interactions with other users. When you contribute, upload or otherwise provide User Content via the Services, you agree to comply with the following Community Usage Rules. In addition to removing such prohibited materials, InternMart, Inc. may terminate the responsible accounts, and/or report such activities to law enforcement authorities as appropriate.
Prohibited User Content includes, but is not limited to, material that InternMart, Inc. determines:
is patently offensive or promotes or otherwise incites racism, bigotry, hatred or physical harm of any kind against any group or individual;
harasses or advocates harassment of another person;
exploits people in a sexual or violent manner or contains nudity, excessive violence, or offensive subject matter or contains a link to an adult or otherwise objectionable website;
posts information that poses or creates a privacy or security risk to any person;
constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files, including all audio or visual works that are copyrighted;
involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page) or solicits or is designed to solicit passwords or personal identifying information for commercial or unlawful purposes from other users;
furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons or providing or creating computer viruses;
involves commercial activities and/or sales without prior written consent from InternMart, Inc. such as contests, sweepstakes, barter, advertising, or pyramid schemes;
includes a photograph or video of another person that you have posted without that person's consent;
violates or attempts to violate the privacy rights, publicity rights, copyrights, patent rights, trademark rights, contract rights or any other rights of any person.
Prohibited activities include, without limitation:
unauthorized advertising to, or solicitation of, any user to buy or sell any products or services;
circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of our Services;
activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
modifying, copying, distributing, downloading, scraping or transmitting in any form or by any means, in whole or in part, any content from the Services;
covering or obscuring the banner advertisements and/or safety features (e.g., report abuse button) on your personal profile page, or any InternMart, Inc. page via HTML/CSS or any other means;
any automated use of the Services, such as, but not limited to, using scripts to send messages or posts;
interfering with, disrupting, or creating an undue burden on the Services or the networks or services connected to the Services;
displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the use of the Services on behalf of that person, such as placing commercial content on review posts or solutions, links to e-commerce sites not authorized by InternMart, Inc., or sending messages with a commercial purpose;
activity unrelated or disruptive to the Services, such as intentionally distributing the wrong solutions to problems, submissions that force browsers to scroll horizontally, large blank or content-free submissions, "Bumping" multiple older topics (posting in them well after the last post), posting multiple identical or near-identical messages or topics, including "fad" topics, hard-to-read topic titles (e.g., ALL CAPS, AlTeRnAtE cApS, no spaces, no or excessive punctuation), or multiple hard-to-read or nonsensical messages in a single or multiple topics; or
using the Services in a manner inconsistent with any applicable law.
The Services may offer features and services that are available to you via your mobile device. These features and services may include, without limitation, the ability to upload content to the Services, receive messages from the Services, download applications to your mobile phone or access features from the Services (collectively, the "Mobile Features"). We may charge for Mobile Features and these charges will be disclosed prior to completion of registration for the Mobile Feature. Also, standard messaging, data and other fees may be charged by your carrier. Carrier fees and charges will appear on your mobile bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues.
If you change or terminate your mobile account, you agree to promptly update your InternMart, Inc. account information so that any messages or notices from InternMart, Inc. regarding the Services are sent to you and not to the person who is assigned your old number.
For any of our mobile apps, you agree that the third-party store or platform through which our apps are available (including, without limitation, the Apple App Store) is not liable to you in connection with our apps. If you use any ISBN scan feature of the Services, you are responsible for verifying the accuracy of the scanned code before relying on it.
Payment for ALL Services is due in advance of each applicable enrollment period (e.g., monthly or annually). MONTHLY AND ANNUAL ENROLLMENTS MAY AUTOMATICALLY RENEW AND YOUR CREDIT CARD OR OTHER PAYMENT METHOD YOU PROVIDE WILL BE CHARGED ON THE FIRST DAY OF EACH RENEWAL PERIOD UNTIL YOUR ENROLLMENT IS TERMINATED BY US OR CANCELLED BY YOU . You agree to pay all applicable fees for your enrollments and use of our paid Services, plus any applicable taxes or other charges as may be required, when due and payable.
You may request cancellation of your account at any time throughout your use of our Services. To the fullest extent permissible under applicable law, your account will can be cancelled and closed ONLY after careful evaluation of the reasons for cancellation request.
All fees and charges are payable in advance and non-refundable, including after cancellation, unless otherwise disclosed at the time of enrollment. If you wish to cancel your enrollment in a Service (if available), you may do so within seventy-two (72) hours of purchase for a full refund. No refunds will be given more than seventy-two (72) hours after enrollment or after the sessions start.
No refunds will be given for cancellations after, a student has gone through the process of:
Registering his/her full profile.
Completing the Career Map test.
Completing the related skill quiz.
Reviewing ALL the applicable job postings.
InternMart, Inc. may cancel your account in its sole discretion for any reason, including but not limited to inactivity or misuse. Even if your account is cancelled, your photos, bibliographic and citation information, comments, likes, friendships, and any other data you have shared via the Services may persist within the Service after cancellation of your account (for example, if your content has been reshared by others).
InternMart, Inc. may require users of the Services to provide a valid credit or debit card tied to an account at a financial institution when they register for an account (to ensure users are able to make applicable payments to InternMart, Inc.) or upon ordering products or services. If a payment card is required, you are responsible for ensuring that a valid credit or debit card is associated with your InternMart, Inc. account at all times (either the original card or a replacement). To confirm your card is valid, InternMart, Inc. may initiate a "pending" charge for one dollar (US $1.00) on the account. This charge will not be confirmed and, therefore, you will not be charged, and it will simply disappear from your financial statement (usually within seven days - check with your financial institution for additional information). Please be aware that this $1.00 pending charge may be initiated each time you edit the card information for your account or place an order that cannot be processed. Where your billing address is requested, you must provide the address and phone number your financial institution has on record, as well as the card's security code (e.g., CVC, CVV, CID). InternMart, Inc. will make reasonable efforts to process your transactions in a timely manner, but we make no guarantees regarding the processing time for charges. InternMart, Inc. will store your credit or debit card information and you hereby acknowledge and agree that InternMart, Inc. may charge you for, and you will pay for, any charges specified on the Services and for any auto-extension. InternMart, Inc. reserves the right to place you into collections if you fail to timely pay for the products and services ordered through the Services; collections may be done by InternMart, Inc. or a third party on InternMart, Inc.'s behalf. You also agree that we may, at our discretion, send your account to a collection agency, and recover our reasonable costs of collection from you, if you fail to pay all fee due and owing to InternMart, Inc. You agree that the person using card represents and warrants that they are an adult and authorized to use the charge card. – Chargeback language?
There may be links from the Services, or from communications you receive from the Services, to third party web sites or online features. The Services also may include third party content that we do not control, maintain or endorse.
Functionality on the Services may also permit interactions between the Services and a third-party web site or online feature, including applications that connect the Services or your profile on the Services with a third-party site. For example, the Services may include a button enabling you to indicate, on your social networking page, that you "like" a specific product on the Services, or a feature that lets you post to your social networking page a link to a specific product or the ability to share content from the Services or your User Content with a third party, which may be publicly posted on that third party's web site. Using this functionality typically requires you to login to your account on the third-party website. We do not control any of these third-party sites or any of their content. Neither InternMart, Inc. nor its service providers are responsible for the practices of any third party. Accordingly, you expressly acknowledge and agree that we make no representations or warranties about the completeness, accuracy, or existence of any advertising, products, or other materials on or available from third party sites or online features and any reliance placed by you on such materials is at your own risk. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SERVICES INCLUDING, WITHOUT LIMITATION, THE PAYMENT AND DELIVERY OF PRODUCTS AND SERVICES, AND ANY TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND THE THIRD PARTY.
InternMart, Inc.'s site may help students identify potential careers by providing a basic description for a variety of potential jobs. In some cases, InternMart, Inc. may provide salary ranges for jobs, and point users to potential job opportunities in that field, based upon your interests and skills that you have represented to InternMart, Inc. that you possess. InternMart, Inc. may also help identify skills that are commonly required for those jobs and recommend learning materials that (combined with your own efforts) may help you achieve better proficiency with those skills. InternMart, Inc.'s attempts to assess your skills, identify gaps, and match those gaps to available learning materials may not be accurate in your particular circumstances. InternMart, Inc. is simply one starting point, not an exhaustive list of all potential jobs or opportunities that might be available to you, and in a fast changing employment landscape, InternMart, Inc. does not guarantee that the descriptions, salaries and job opportunities set out on our site are always up to date, reflect the current job market, or are applicable to the market in your area. We believe that the materials on our site, if you use them and apply yourself, can improve your skills and employability. Still, InternMart, Inc. does not provide in-depth, individualized job counseling, and your success in landing a job in a particular career depends on a wide variety of factors. Our system's efforts to identify skills gaps, and recommend learning materials to address those gaps, may not result in improved employment prospects; completing recommended classes is in not a guarantee of finding employment in that field, or any other field.
InternMart, Inc. may also help students or alumni find internships or entry level jobs or other positions by accepting postings of job descriptions from third party employers, through its Internships.com website or other InternMart, Inc. Websites. InternMart, Inc. does not confirm the accuracy of the postings, nor can InternMart, Inc. know whether a particular position has been filled. InternMart, Inc. may recommend particular job postings to particular users based upon available data about the position or the user, or other criteria, but the actual criteria for job positions lie within the discretion of the employer and InternMart, Inc. makes no representations about the suitability of any candidate for any listed position.
We may update your Account or profile with information we extract from resumes or other User Content you upload to any of the Services or to the InternMart, Inc. Websites. If you choose to create a profile or Account, or if you upload a resume or other User Content to any of the Services or to the InternMart, Inc. Websites, you permit us to transfer your resume or other information to another InternMart, Inc. Website, and to share that information with prospective employers and recruiters and you agree to be contacted by InternMart, Inc. or by prospective employers and users, including via email to the address you provide.
If you are an employer and post employment opportunities or job openings to the Site, you hereby grant InternMart, Inc. a non-exclusive right and license to use your company trademarks and service marks, including without limitation company names and logos, solely in connection with marketing and promoting the employment opportunities and job openings you have posted and your use of the Services.
InternMart, Inc. may offer third party learning videos and instructional material. InternMart, Inc. does not hire or employ Instructors. We are not responsible for the content of such third-party materials, nor the advice provided in such materials. We do not control such materials and, as such, to the fullest extent permitted under applicable law, do not guarantee their reliability, validity, accuracy or truthfulness. Completing such courses may provide you with skills and experience that may help your career prospects, but as noted above, there are a large number of factors tied to your career and completing such courses is no guarantee of improved employability or enhanced career prospects.
InternMart, Inc. may offer citation, bibliography and plagiarism checker services, including but not limited to, EasyBib, BibMe, Cite This For Me, Citation Machine, Normas APA and other writing tools through InternMart, Inc. Website to help students develop student reading and writing skills. To the fullest extent permitted under applicable law, InternMart, Inc. does not guarantee the accuracy or quality of content that appears on the Services in connection with such citation, bibliography and plagiarism checker services and other writing tools.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE INTERNMART, INC. WEBSITES AND SERVICES ARE PROVIDED ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INTERNMART, INC. AND ITS SUBSIDIARIES, DIRECTORS, EMPLOYEES, MANAGERS, OFFICERS, AGENTS, REPRESENTATIVES, VENDORS AND THIRD PARTY LICENSORS OF CONTENT SOLD THROUGH INTERNMART, INC. (COLLECTIVELY THE "INTERNMART, INC. PARTIES") SPECIFICALLY MAKE NO REPRESENTATIONS, WARRANTIES, OR ENDORSEMENTS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO (A) THE INTERNMART, INC. WEBSITES OR THE SERVICES; (B) THE INTERNMART, INC. CONTENT; (C) USER CONTENT; AND/OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO INTERNMART, INC. OR VIA THE SERVICES. IN ADDITION, TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE INTERNMART, INC. PARTIES DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, AND SYSTEM.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE INTERNMART, INC. PARTIES SPECIFICALLY DO NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER, NETWORK OR OTHER SOFTWARE AND EQUIPMENT THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, INTERNMART, INC. DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE CONTENT OF ITS PRODUCTS, WEBSITES OR SERVICES, OR REGARDING THE RESULTS OF THE USE OF THE SERVICES IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, RELIABILITY, USEFULNESS OR OTHERWISE, UNLESS SPECIFICALLY SET OUT ON THE SERVICES. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE INTERNMART, INC. PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE INTERNMART, INC. PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES.
BY ACCESSING OR USING THE SERVICES YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICES.
THE INTERNMART, INC. PARTIES ARE NOT RESPONSIBLE FOR THE USER CONTENT, ACCURACY OR OPINIONS EXPRESSED IN USER CONTENT POSTED OR PROVIDED BY THIRD PARTIES ON THE SERVICES OR LINKED SERVICES, AND SUCH SERVICES ARE NOT NECESSARILY INVESTIGATED, MONITORED OR CHECKED FOR ACCURACY OR COMPLETENESS BY INTERNMART, INC. INCLUSION OF ANY LINKED WEBSITE OR FEATURE ON THE SERVICES DOES NOT IMPLY APPROVAL OR ENDORSEMENT OF THE LINKED WEBSITE OR FEATURE BY INTERNMART, INC.. POSTS AND LINKED SERVICES CREATED AND POSTED BY USERS ON, THOUGH OR IN CONNECTION WITH THE SERVICES MAY CONTAIN LINKS TO OTHER WEBSITES OR SERVICES. INTERNMART, INC. TAKES NO RESPONSIBILITY FOR THIRD PARTY ADVERTISEMENTS OR LINKED SERVICES THAT ARE POSTED ON, THROUGH OR IN CONNECTION WITH THE SERVICES OR LINKED SERVICES, NOR DOES IT TAKE ANY RESPONSIBILITY FOR THE GOODS OR SERVICES PROVIDED BY THESE THIRD PARTIES. THIS "DISCLAIMERS" SECTION SHALL SURVIVE ANY EXPIRATION OR TERMINATION OF YOUR RELATIONSHIP WITH INTERNMART, INC.
IN NO EVENT SHALL THE INTERNMART, INC. PARTIES BE LIABLE FOR ANY INDIRECT, ECONOMIC, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES RELATED TO: (A) THE SERVICES; (B) THE INTERNMART, INC. CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SITE; (E) ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE INTERNMART, INC. PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE SITE; (F) ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICES' TECHNICAL OPERATION; OR (H) ANY DAMAGE THAT RESULTS FROM EVENTS BEYOND OUR REASONABLE CONTROL, SUCH AS DAMAGES TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE INTERNMART, INC. PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE INTERNMART, INC. PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED THE AMOUNTS PAID BY YOU, IF ANY, TO INTERNMART, INC. IN THE PAST SIX MONTHS, OR $250, WHICHEVER IS GREATER. THE PRIOR LIMITATION ON DAMAGES IS NOT INTENDED TO LIMIT THE INTERNMART, INC. PARTIES’ OBLIGATION TO PAY PREVAILING PARTY COSTS OR FEES IF RECOVERABLE PURSUANT TO APPLICABLE LAW. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE THE INTERNMART, INC. PARTIES’ LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY THE INTERNMART, INC. PARTIES, OR FOR THE INTERNMART, INC. PARTIES’ GROSS NEGLIGENCE, FRAUD OR INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT. THIS SECTION SHALL SURVIVE ANY EXPIRATION OR TERMINATION OF YOUR RELATIONSHIP WITH INTERNMART, INC.
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF THE INTERNMART, INC. PARTIES' ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER INTERNMART, INC. CONTENT OWNED OR CONTROLLED BY THE INTERNMART, INC. PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER INTERNMART, INC. CONTENT OWNED OR CONTROLLED BY THE INTERNMART, INC. PARTIES.
BY ACCESSING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
Software related to or made available by the Services may be subject to United States export controls. Thus, no software from the Services may be downloaded, exported or re-exported: (a) into (or to a national or resident of) Cuba, North Korea, Iran, Syria or any other country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software related to InternMart, Inc. Websites, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list. Further, by using any of the Services, you represent and warrant that you are not on any United States government list of restricted or prohibited persons with whom a United States company may do business.
InternMart, Inc. respects the intellectual property rights of others and takes the protection of copyrights and other intellectual property seriously. Only the intellectual property rights owner or person authorized to act on behalf of the owner can report potentially infringing content. If you believe your work has been infringed through the Services, please notify us at InternMart, Inc., Attention: Copyright Agent: legal@InternMart.com and provide the following information:
Your contact information, including name, address, telephone number, and e-mail address;
A description of the copyrighted work you claim has been infringed (including, e.g., the title, ISBN and other bibliographic information for books);
A reasonably specific description of where the allegedly infringing material is located on the Services (including, e.g., the URL);
A statement by you that you have a good-faith belief that the allegedly infringing material is not authorized by the copyright owner, its agent, or the law;
Your electronic or physical signature;
A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
Information reasonably sufficient to permit us to contact the complaining party.
NOTE: This contact information is for inquiries regarding potential copyright and other infringement only.
It is often difficult to determine if your intellectual property rights have been violated or if the DMCA requirements have been met. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter.
InternMart, Inc. will provide you with notice if your materials have been removed based on a third-party complaint of alleged infringement of the third party's intellectual property rights.
IF YOU KNOWINGLY MISREPRESENT THAT MATERIAL IS OR IS NOT INFRINGING, YOU MAY BE SUBJECT TO CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES INCURRED BY INTERNMART, INC., BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF RELIANCE UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY. You agree we may provide your notice to the provider of the allegedly infringing material.
We have a policy of terminating accounts of users who repeatedly and intentionally infringe the intellectual property rights of others.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides forms for use in arbitration proceedings including a Demand for Arbitration: Consumer Arbitration Rules here.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Unless you and InternMart, Inc. otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and InternMart, Inc. submit to the arbitrator, unless you request a hearing, or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.
This "Legal Disputes" section shall survive any expiration or termination of your relationship with InternMart, Inc.
Through the Services, you may purchase, as a separate product, a digital access code (DAC) to certain Digital Content. The DAC publishers allow only one user (one activation) of these codes. InternMart, Inc. will ship your ordered DAC to you in sealed packaging. If the DAC packaging is opened, InternMart, Inc. must assume that the code is activated and therefore cannot be resold. Thus, you may not return a DAC with opened packaging for a refund.
Purchases through the Services may be subject to taxes in many states. Depending on your state and the nature of the service you receive from us, this may be a sales tax and/or use tax. Tax rates are different from state to state. You are responsible for paying all such taxes.
We know that most of you have never and will never abuse the Services or any of the information, services or materials available through them. You agree to abide by our Honor Code and Acceptable use Policies stated above.
If you have any questions or concerns regarding the InternMart, Inc. Website or Services, please write to us at http://www.internmart.com/contactus/ or at our offices located at 325 Sandhurst Drive, Milpitas, CA 93035. All notices, authorizations, and requests to InternMart, Inc. shall be deemed given on receipt.