Terms and Conditions of Use – (Revised May 1, 2008)

The following terms and conditions are important things that you should know before using or accessing the Igenti system. By accessing or using any part of the Igenti website or systems, or any of the products or services offered by or through Igenti, you agree to the following terms and conditions of use. If you do not wish to be bound by these terms and conditions, you may not access or use them. Igenti may change these terms and conditions of use at any time, without any notice to you. Your continued access and use of Igenti will mean that you agree to the most current version of the terms and conditions of use. Please check these terms and conditions periodically for any changes that have been made.

The Igenti websites are owned and operated by Igenti, Inc. Except where otherwise noted, the content of Igenti web pages, including the design, text, graphics and arrangement thereof, and the software used herein, is the property of and is owned and controlled by Igenti, Inc. and is the copyrighted material of Igenti, Inc. or its content providers.

ALL RIGHTS ARE RESERVED. No materials from Igenti may be copied, duplicated, reproduced, sold, resold, shown or played in public, republished, uploaded, posted, stored, transmitted or distributed, adapted or changed in any way or otherwise exploited for any commercial purpose that is not expressly permitted by Igenti. Any other use, reproduction, modification, distribution, transmission, republication, display or performance without the prior written consent of Igenti, Inc. is strictly prohibited.

All page headers, logos, custom graphics and button icons are service marks, trademarks and/or trade dress of Igenti, Inc. All other trademarks, product names and company names or logos cited anywhere on Igenti are the property of their respective owners.

Except as expressly provided, nothing contained in these terms and conditions or anywhere on Igenti shall be construed as conferring any license under any intellectual property rights of Igenti, Inc. or any third party.

To guide you in using the Igenti website and systems responsibly, Igenti, Inc. has established the following rules. If you do not abide by these rules while using Igenti, Igenti, Inc. has the right to prohibit you from using Igenti and may terminate any account that you may have on Igenti. While using Igenti, you may not: 

1. Upload, post, email, transmit or otherwise distribute any data, text, information, messages, software, music, sound, photographs, graphics, video messages or other material that:

   (a) Constitutes or encourages conduct that would intentionally or unintentionally violate any applicable local, state, provincial, national or international law or give rise to civil liability, or otherwise use Igenti in a manner which is contrary to law;

   (b) Is harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful or racially, ethically or otherwise objectionable;

   (c) You do not have a right to transmit under any law or under any other arrangement, contractual or otherwise;

   (d) Is protected by patent, trademark, trade secret, copyright or other similar intellectual property right of any person without obtaining the permission of the holder of such intellectual property right; or

   (e) Contains any virus, cancelbot, trojan horse, worm or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; 

2. Upload, post, transmit or otherwise distribute any unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation except where specifically permitted on Igenti or by the CAN-SPAM Act of 2003; 
    
3. Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity; or 
    
4. Use the system, directly or indirectly, to distribute messages to email addresses of persons that have not willingly provided you with their email address; or 
    
5. Collect or store personal data about other users of Igenti. You are solely responsible for any and all information, data, text, software, music, sound, photographs, graphics, video messages or other materials that you upload, post, email, reproduce, transmit or otherwise distribute ("Your Content") using Igenti and any consequences that may result from Your Content. Igenti does not review and has no obligation to monitor such content.

Igenti, Inc. is providing Igenti on an "AS IS, AS AVAILABLE" basis to users. You use Igenti at your own risk. Neither Igenti, Inc. nor any of its officers, directors, shareholders, employees, affiliates, agents, third-party content providers, sponsors, licensors, or the like, makes any representation or warranty or condition, either express or implied, to you (a) that Igenti will be uninterrupted or error-free, (b) that Igenti or the server that makes Igenti available are free of viruses or other harmful components, (c) as to the accuracy, reliability or completeness of results that may be obtained from the use of Igenti or (d) as to the accuracy, content, timeliness, completeness, legality, reliability, quality or suitability of any information, advice, content, service, product or merchandise provided through Igenti.

IGENTI, INC. MAKES, AND YOU RECEIVE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WITH RESPECT TO IGENTI, ITS CONTENT, ITS MERCHANDISE, ITS SERVICES, ANY DOCUMENTS, INFORMATION, ITEMS OR MATERIALS PROVIDED BY IGENTI, INC. IN CONNECTION WITH THE USE OF IGENTI WEB SITES, ANY GOODS OR SERVICES RECEIVED THROUGH OR ADVERTISED ON IGENTI WEB SITES OR RECEIVED THROUGH ANY LINKS PROVIDED ON IGENTI WEB SITES, ANY INFORMATION OR ADVICE RECEIVED THROUGH IGENTI OR ANY LINKS PROVIDED ON IGENTI WEB SITES, INCLUDING WITHOUT LIMITATION NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS OR OTHERWISE.

No oral advice or written information given by Igenti, Inc. or its affiliates, or any of its officers, directors, employees, agents, providers, merchants, sponsors, licensers, or the like, will create a representation, a warranty or condition nor should you rely on any such information or advice.

Some jurisdictions do not do not allow the exclusion or disclaimer of certain warranties. In such jurisdictions, any or all of the above exclusion may not apply to you.

UNDER NO CIRCUMSTANCES WILL IGENTI, INC. OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, AGENTS, SPONSORS, LICENSORS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING IGENTI BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, GOODWILL, USE DATA OR OTHER INTANGIBLE LOSSES) THAT RESULT OR ARISE FROM (A) THE USE OF AND RELIANCE ON IGENTI, (B) THE INABILITY TO USE IGENTI, (C) MISTAKES, OMISSIONS, INTERRUPTIONS, SUSPENSION, TERMINATION, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WITH RESPECT TO IGENTI, INCLUDING WITHOUT LIMITATION THOSE THAT RESULT FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO IGENTI'S RECORDS, PROGRAMS, OR SERVICES, (D) MERCHANDISE, PRODUCTS, OR SERVICES RECEIVED THROUGH OR ADVERTISED ON IGENTI AND MERCHANDISE, PRODUCTS, OR SERVICES RECEIVED THROUGH OR ADVERTISED ON ANY LINKS PROVIDED ON IGENTI, (E) INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON IGENTI AND INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON ANY LINKS PROVIDED ON IGENTI AND (F) ANY INFORMATION, DATA, TEXT, MESSAGES AND OTHER MATERIALS THAT YOU EMAIL, POST, UPLOAD, REPRODUCE, TRANSMIT OR OTHERWISE DISTRIBUTE USING IGENTI.

Because some jurisdictions do not allow the restriction, exclusion or limitation of liability for, in such jurisdictions liability is limited to the fullest extent permitted by law.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF IGENTI OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE REMEDY IS TO DISCONTINUE USING IGENTI.

These terms and conditions shall be governed by and construed in accordance with the laws of the State of Florida.