IMPORTANT! THIS IS A BINDING LEGAL AGREEMENT (this “Agreement”).  PLEASE READ THESE LEGAL TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEB SITE.  This Agreement governs your use of this Web Site and is between Independence Tube Corporation (referred to herein as “ITC”, “we”, “us”, or “our”) and you, on behalf of yourself and the customer, distributor, member or supplier for which you have registered. By using, viewing, transmitting, caching, storing and/or otherwise utilizing this Web Site, the services, systems or functionality offered in or by the Web Site and/or the contents of this Web Site in any way, you have agreed to each and all of the terms and conditions set forth below.  This Agreement also incorporates by reference any other terms, such as our privacy policy, that can be found by clicking on the relevant link in this Agreement. If you do not accept all of the terms and conditions of this Agreement, do not use this Web Site and leave this Web Site immediately.  We reserve the right, at our sole and absolute discretion, to change, modify, add or remove portions of these terms and conditions at any time without notice and unless otherwise indicated, such changes will become effective immediately; therefore, please check these terms and conditions periodically for changes. Your continued use of this Web Site following the posting of changes to this Agreement will mean you accept those changes.  Please print and retain a copy of this Agreement, as it may be changed from time to time, for your records.

1.              This Web Site is owned by and under the control of ITC.  Access to and use of this Web Site and all of ITC’s content, services, materials, information, databases and systems are subject to these Terms and Conditions, any other agreements and applicable laws and regulations (including all export and import laws, regulations and restrictions), all of which are subject to change and revision from time to time without prior notice.  From time to time, ITC may: (a) supplement or make changes to these Terms and Conditions and other rules or access and use procedures, documentation, security procedures and standards for equipment; (b) change the type and location of ITC’s system equipment, facilities or software; or (c) modify or withdraw any particular service or product referred to in this Web Site or any ITC database, material, service or system.  ITC reserves the right to terminate access to this Web Site or take other actions it reasonably believes necessary to comply with the law or to protect its rights, members or customers.  Any access or attempt to access or use this Web Site for any unauthorized or illegal purpose is strictly prohibited.

2.              This Web Site is provided without charge as a convenience to visitors to be used for the purposes of information, education, communication and commerce, including the offering for sale of goods and services.  While ITC’s information and advice contained in this Web Site have been prepared and compiled from sources believed to be reliable, ITC makes no guarantee as to, and assumes no responsibility for, the correctness, sufficiency or completeness of such information, material or recommendations.  ITC does not represent or endorse (a) the accuracy or reliability of any of the information, content or advertisements contained on, distributed through, or linked, downloaded or accessed from this Web Site, any other links from or to other web sites or through any third party that provides information to ITC, or (b) the quality of any products, information or other materials or services displayed, obtained or purchased by you as a result of your use of this Web Site or any ITC good, service, database, materials or system.  You hereby acknowledge that any reliance upon any information, products, services or materials shall be at your sole risk.  ITC reserves the right, in its sole discretion and without any obligation, to correct any error or omissions in any portion of this Web Site or any ITC good, service, database, materials or system at any time, with or without notice to you. 

3.              Without ITC’s prior written consent, which consent may be given or withheld in ITC’s sole discretion, you may not: (a) resell, sublicense, rent, lease or otherwise publicly distribute any ITC information provided on or through the Web Site or any Hyperlink, services or database, or any part or parts thereof or information contained therein, or any access thereto; (b) use your access to this Web Site or any Hyperlinked Web Site or ITC’s information provided on or through the Web Site or any Hyperlink, services, database or system to export or re-export technical data in violation of U.S. export control laws and regulations; (c) use this Web Site or any ITC information provided on or through the Web Site or any Hyperlink, services, database or system, which you access in violation of, or post any information to any ITC owned or licensed database which violates, any federal or state law, including data privacy laws and communication regulations and tariffs, or which infringes the intellectual property rights or misuses proprietary information of a third party or is made in furtherance of an illegal or fraudulent scheme or activity; (d) use any robot, spider or other automatic device, or manual process to monitor or copy this Web Site or its content or information, or otherwise attempt to copy or transfer any ITC information provided on or through the Web Site or any Hyperlink, service, database or documentation, except pursuant to ITC Written permission; or (e) modify, adapt, reverse engineer, decompile, disassemble, translate or convert any portion of ITC’s databases or system, or the selection, coordination or arrangement of products or services in any ITC database.  

4.              As a user on our Web Site, you will represent yourself accurately and truthfully at all times. You grant ITC the right to independently verify any information that you post on our Web Site about yourself, although ITC does not routinely undertake any verification.  This Web Site, the information contained on it or accessible through it and our products and services are available only to individuals who can form legally binding contracts under applicable law.  Without limiting the foregoing, our Web Site and its content and services are not available to anyone under the age of thirteen (13).If you do not qualify, you may not the Web Site or our information or services.  

5.              “Your Information” includes any information you provide to us, including but not limited to, (i) during your enrollment with our Web Site, (ii) in any public message area or (iii) through any email feature.

By posting Your Information on or through the Web Site, you automatically grant ITC a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display Your Information alone or as part of other works in any form, media or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sub licensees.

You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.  However, we may take any action we deem necessary or appropriate in our sole discretion if we believe Your Information creates a risk of liability to ITC. ITC may, at its sole discretion, remove or disable access to, material on the Web Site that we believe may infringe on the rights of third parties or is otherwise harmful to ITC or its customers.

ITC will only use and disclose Your Information in accordance with our then current privacy policy, available here., incorporated herein by reference.

If you believe that Your Information has been used on this Web Site in a manner that constitutes copyright infringement, please provide ITC’s Designated Agent with a written notice (e-mail is sufficient) that includes the following information:

·      an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;

·      identification of the copyrighted work claimed to have been infringed;

·      a description of where the material that you claim is infringing is located on the Web Site;

·      your address, telephone number and e-mail address;

·      a statement by you that have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;

·      a statement by you, 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.

Mail such statements and materials to ITC’s Designated Agent as follows: John Tassone .

              Any information, including but not limited to remarks, suggestions, ideas, graphics or other submissions, communicated to ITC through this Web Site is deemed non-confidential and non-proprietary unless ITC agrees in writing otherwise.ITC is entitled to use any information or ideas submitted for any purpose without restriction and without compensation or acknowledgement of its source, unless ITC agrees in writing otherwise. 

7.              Except as otherwise identified, the trademarks including names, logos, slogans and service marks appearing at this Web Site, whether registered or unregistered, are the property of ITC or ITC’s affiliates.Such marks are not to be copied, reproduced, published or in any way used without the written permission of ITC or the identified owner of the trademark.  Except as otherwise identified, the copyright in the content of this Web Site is owned by ITC.  No part of this Web Site may be published, stored or transmitted in any form or means without the express written permission of ITC.You may download content displayed on this Web Site for non-commercial, personal use only and must retain all copyright and other proprietary notices contained in the content.

8.       No person may establish Hyperlinks either to this Web Site or away from this Web Site without the prior written consent of an appropriate ITC officer, which consent may be given or withheld in ITC’s sole discretion. Contact ITC at jtassone@independencetube.com to obtain this consent. In its sole discretion, ITC reserves the right to remove a Hyperlink to this Web Site or away from this Web Site at any time and for any reason.  All Hyperlinks approved shall be to the home page of this Web Site.  Framing at this Web Site is expressly prohibited. 

9.              ITC advises you to exercise discretion while browsing this Web Site and the Internet. In addition, Hyperlinks on this Web Site may direct you to sites containing information that some people may find offensive or inappropriate.  Such linked web sites may not be under the control of ITC and ITC does not make any representations concerning any such web sites that you may access via a Hyperlink from this Web Site, and accordingly ITC is not responsible for the accuracy, copyright compliance, legality, legitimacy or decency of material contained in such web sites which may be accessible via a Hyperlink to or from this web Site or for the Hyperlink itself. ITC is providing these Hyperlinks to you only as a convenience and the inclusion of any Hyperlink on this Web Site is not and should not imply any endorsement by ITC of such linked web sites.

10.           ALL INFORMATION OR CONTENT ON OR OBTAINED THROUGH THIS WEB SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, AND YOU HEREBY WAIVE ALL OTHER WARRANTIES RELATING THERETO, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE OR WARRANTY AGAINST INTERFERENCE OR INFRINGEMENT.  ITC DOES NOT WARRANT THAT THIS WEB SITE OR ITS INFORMATION, CONTENT OR OTHER MATERIAL WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF ANY ITC SERVICE, DATABASE, MATERIAL OR OTHER PRODUCT OR ANY THIRD PARTY SERVICES, PROGRAMS, SYSTEMS OR DATA USED WITH OR THROUGH OR PROVIDED BY ITC, INCLUDING ANY HYPERLINKED SITE, OR ANY PART THEREOF, WILL BE UNINTERRUPTED OR FREE FROM ERRORS, BUGS OR SOFTWARE VIRUSES OR THAT ANY DEFECTS IN SUCH INFORMATION, SERVICES, SYSTEMS, DATABASES OR MATERIALS WILL BE OR CAN BE CORRECTED. IN NO EVENT SHALL ITC HAVE ANY LIABILITY TO YOU (INCLUDING LIABILITY TO ANY PERSON OR PERSONS WHOSE CLAIM OR CLAIMS ARE BASED ON OR DERIVED FROM A RIGHT OR RIGHTS CLAIMED BY YOU) WITH RESPECT TO ANY AND ALL CLAIMS AT ANY AND ALL TIMES ARISING FROM OR RELATED TO THE SUBJECT MATTER OF THIS WEB SITE, IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE.  SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

11.           YOU ASSUME THE RESPONSIBILITY TO TAKE ADEQUATE PRECAUTIONS AGAINST DAMAGES TO YOUR SYSTEMS OR OPERATIONS WHICH COULD BE CAUSED BY DEFECTS OR DEFICIENCIES IN THIS WEB SITE, ANY ITC INFORMATION, SERVICE, SYSTEM, DATABASE OR MATERIAL, OR PART THEREOF.  YOU ALSO ACKNOWLEDGE THAT ELECTRONIC COMMUNICATIONS AND DATABASES ARE SUBJECT TO ERRORS, TAMPERING AND BREAK-INS AND THAT WHILE ITC WILL IMPLEMENT REASONABLE SECURITY PRECAUTIONS TO ATTEMPT TO PREVENT SUCH OCCURRENCES, ITC DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT TAKE PLACE.  YOUR INSTALLATION AND INPUTS, AS WELL AS THIRD PARTY SYSTEMS AND PROCEDURES, MAY INFLUENCE THE OUTPUT AND ERRORS IN ANY ORDER OR ELECTRONIC TRANSMISSION OR COMMUNICATION, AND CAN RESULT IN SUBSTANTIAL ERRORS IN OUTPUT, INCLUDING INCORRECT INFORMATION, ORDERS AND AGREEMENTS. IN ADDITION, ERRORS MAY BE INTRODUCED INTO INFORMATION OR ORDERS IN THE COURSE OF THEIR TRANSMISSION OVER ELECTRONIC NETWORKS.  YOU SHALL IMPLEMENT AND TAKE RESPONSIBILITY FOR APPROPRIATE REVIEW AND CONFIRMATION PROCEDURES TO VERIFY AND CONFIRM ORDERS OR OTHER TRANSACTIONS IN WHICH YOU PARTICIPATE USING ITC’S WEB SITE, INFORMATION, SERVICES, DATABASES, SYSTEMS OR OTHER MATERIAL. 

12.           YOU ALSO ARE SOLELY RESPONSIBLE FOR ENSURING THAT ANY POSTING MADE BY OR FOR YOU TO THIS WEB SITE OR ANY ITC INFORMATION, SERVICE, SYSTEM OR DATABASE DOES NOT CONTAIN ANY VIRUS OR OTHER COMPUTER SOFTWARE CODE OR ROUTINE DESIGNED TO DISABLE, ERASE, IMPAIR OR OTHERWISE DAMAGE THE WEB SITE OR ANY SYSTEM, SOFTWARE OR DATA OF ITC OR ANY OTHER USER OF THE ITC INFORMATION, SERVICES, DATABASES, MATERIALS OR SYSTEM.  YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD ITC AND ITS MEMBERS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS AND SUPPLIERS HARMLESS FROM ANY LIABILITY, CLAIM, COST OR DAMAGE ARISING OUT OF ANY CLAIM OR SUIT BY ANY SUCH USER CAUSED BY SUCH VIRUS OR CODE OR SUBROUTINE.  

13.           NEITHER ITC NOR ITS MEMBERS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS OR SUPPLIERS SHALL IN ANY EVENT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOST PROFITS, REVENUES, BUSINESS OPPORTUNITIES OR BUSINESS ADVANTAGES WHATSOEVER, NOR FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INDIRECT OR INCIDENTAL LOSSES, DAMAGES OR EXPENSES DIRECTLY OR INDIRECTLY RELATING TO THE USE OR MISUSE OF THIS WEB SITE, OR WITH RESPECT TO ANY OTHER HYPERLINKED WEB SITE, INCLUDING QUESTION.COM OR ANY ITC INFORMATION, CONTENT OR OTHER MATERIAL OR SOFTWARE USED THEREWITH, THE USE OR FAILURE, NON-COMPLIANCE OR LIMITED AVAILABILITY OF ANY INFORMATION, CONTENT, OR SERVICE PROVIDED BY ITC THROUGH THIS WEB SITE, ANY INFORMATION PROVIDED IN ANY ITC SYSTEM OR ANY OBLIGATION UNDER OR SUBJECT MATTER OF THIS WEB SITE, WHETHER SUCH CLAIM IS BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY IN TORT OR ANY OTHER THEORY OF RELIEF, OR WHETHER OR NOT ITC IS INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.  

14.           If any part or parts of these Terms and Conditions are held to be invalid, the remaining parts will continue to be valid and enforceable.  Nothing in these Terms and Conditions affects any statutory rights of consumers that cannot be waived or limited by contract. The use by you of this Web Site, the ITC information, content, services or other materials, and any and all other matters between ITC and you related hereto, shall be governed by applicable United States federal law and the laws of the State of Illinois, excluding its conflict-of-laws rules.  You hereby agree to waive any right to a jury trial in any suit arising out of or relating to this Web Site or any ITC information, content, service or other product. Any suit or proceeding arising out of or relating hereto must be commenced within one year from the date the right, claim, demand or cause of action being asserted first came into being.

15.           You agree to comply with all applicable export laws, regulations and restrictions.  Information ITC places on or makes available through this Web Site may contain references or cross references to ITC or third party products, programs and services that are not announced or available in your country.  Such references do not imply that either ITC or such third party intends to announce or make available such products, programs or services in your country.  Consult ITC or the applicable third party for information regarding any such products, programs or services.  This Web Site may contain other proprietary notices and copyright information, the terms of which must be observed and followed.  Any rights not expressly granted herein are reserved to ITC.

16.           Any software which is downloaded from this Web Site or other ITC system or service for or on behalf of the United States of America, its agencies and/or instrumentalities (“U.S. Government”), is provided with Restricted Rights. Use, duplication or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable.

17.           If the user has any questions regarding this Web Site or its contents, or these Term and Conditions, contact John Tassone at jtassone@independencetube.com.