Updated: December 13, 2010
Welcome to the website (“Web Site") of InterExchange, Inc. ("IEX", “we," "us" or "our").
2. LICENSE FROM IEX
The Services, including any portion(s) thereof, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the prior express written consent of an authorized representative of IEX. 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 IEX or our partners or associations without the respective owner’s authorized representative’s prior express written consent.
You may not use any Meta tags or any other "hidden text" utilizing IEX's name or trademarks and any term or phrase or logo that may infringe or have the likelihood of being considered confusingly similar thereto without the prior express written consent of an authorized representative of IEX.
INTEREXCHANGE and other IEX graphics, logos, designs, page headers, button icons, scripts, domain names and service names are registered trademarks, trademarks or trade dress of IEX in the U.S. and other countries. IEX's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of an authorized representative of IEX.
4. PROPRIETARY RIGHTS
5. USER INFORMATION.
6. PASSWORDS AND ACCOUNT SECURITY
You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services. Accordingly, you agree that you will be solely responsible to IEX for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify IEX immediately at firstname.lastname@example.org.
7. USER CONDUCT
Unacceptable actions, conditions and content, listed below, will constitute grounds for blocking your access to our Services, removal of posted material and cancellation of your registration and or membership without refund. As condition of your use of the Services, you agree that
you shall not:
(a) Share your account credentials or membership subscription with any other person or third party. If, despite the foregoing, you lose control of your password, you may lose substantial control over your personally identifiable information and may be subject to legally binding actions taken on your behalf;
(b) Create or maintain more than one active profile at a time. Each employer, family, InterExchange independent contractor, InterExchange international cooperator, program participant or applicant is allowed only one active profile at any one time;
(c) Exhibit expressions of abuse, use or display offensive language or imagery, obscenity, or pornography, including, but not limited to, child abuse, child pornography, depictions of minors engaged in sexual conduct or explicitly sexual situations or any other material that could give rise to any civil or criminal liability under applicable state or federal law, or violate any laws or regulations of any governing body having jurisdiction over IEX or its partners, coordinators or users;
(d) Include your last name or enter your personal contact information such as an email address, chat address or personal web page address in any photo, image or text field which does not specifically request such information;
(e) Upload, post, email or otherwise transmit any content that is unlawful, harmful, threatening, harassing, defamatory, obscene, vulgar, invasive of another's privacy, hateful, discriminatory or otherwise objectionable;
(f) Upload or post any information or advertisement that may be considered as competitive to the Services. Solicitation for services by any means, other than those offered or directly approved by IEX, to its registered users is strictly forbidden. And under no circumstances shall the harvesting and commercial re-use of emails be allowed;
(g) Upload, post, email or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements) or any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(h) Engage in sexual relations with anyone found through this Service or have been convicted of any sexual or criminal offense
(i) Interfere with or disrupt (or attempt to interfere with or disrupt) our Services, including, this Web Site or servers or networks connected to this Web Site, or disobey any requirements, procedures, policies or regulations of networks connected to this Web Site;
(j) Upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software;
(k) Solicit any relationship other than employer/employee related to work program position(s) found through this Service;
(l) Attempt to subvert any system or direct users to any other website, location or directory where your contact information may be obtained;
(m) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through this Service;
(n) Harm others in any way.
You hereby represent and warrant that you have all necessary rights in and to all Postings you provide and all information they contain and that such Postings shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.
You hereby authorize IEX to use, and authorize others to use, your Postings in whole or in part, on a royalty-free basis, throughout the universe in perpetuity in any and all media, now known or hereafter devised, alone, or together or as part of other material of any kind or nature. Without limiting the foregoing, IEX will have the right to use and change the Postings at any time and in any manner that IEX may determine in its sole and absolute discretion. Additionally, IEX may sweep its chatrooms and/or message boards periodically in its sole discretion.
You further agree not to impersonate any other person or entity, whether actual or fictitious, including anyone from the Services or IEX. You also may not offer to buy or sell any product or service on or through your comments submitted to our forums. Remember that you alone are responsible for the content and consequences of any of your activities and assume all risk of harm associated therewith.
Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret or proprietary information or other material from you through the Services, by e-mail, telephone or in any other way. Any information, creative works, demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques or other materials submitted or sent to us (including, for example and without limitation, that which you submit to our chat rooms, message boards, and/or our blogs, or via telephone or e-mail) ("Submitted Materials") will be deemed not to be confidential or secret, and may be used by us in any manner.
By submitting or sending Submitted Materials to us, you: (i) represent and warrant that the Submitted Materials are original to you, that no other party has any rights thereto, and that any "moral rights" in Submitted Materials have been waived, and (ii) you grant us and our affiliates a fully paid, royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub licensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, including for promotional and/or commercial purposes. We cannot be responsible for maintaining any Submitted Material that you provide to us, and we may delete or destroy any such Submitted Material at any time.
We shall not be liable to you or to any person claiming through you for any exploitation, disclosure, deletion or destruction of any Submitted Materials.
10. CONTENT ACCESSIBLE THROUGH LINKS FROM THE SERVICES
IEX will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these third party hyperlinked websites.
11. CONTESTS, SWEEPSTAKES AND OTHER ACTIVITIES
12. ADS AND MALWARE
We take great care and pride in creating this Service. We are always on the lookout for technical glitches that effect how the Service works. When we find them on our end, we will use our commercially reasonable efforts to fix them. Unfortunately, your computer may cause some glitches that effect how you see or interact with our Services--and that is beyond our control.
If you experience any unusual behavior or content on the Services, it may be the result of Malware on your computer. Malware--short for Malicious software--is a term used to broadly classify a form of software which is installed in a computer system with malicious intentions, usually without the owner's knowledge or permission. Malware includes computer viruses, key loggers, malicious active content, rogue programs and dialers, among others. While we continuously work closely with our partners to ensure that everything on the Services is working properly, sometimes Malware programs on your personal computer may interfere with your experience on our Services and on other websites that you visit.
Please note that we cannot be responsible for the effects of any third-party software including Malware on your computer system. Please make sure to carefully read the Help or Customer Support areas of any software download website.
If you do discover any Malware on your system, we also suggest you speak with a qualified computer technician. If, after taking the above actions, you are still experiencing any problems, please feel free to contact us at email@example.com.
YOU EXPRESSLY UNDERSTAND THAT THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE WEB SITE AND ALL SERVICES, PRODUCTS, CONTENT, FUNCTIONS, INFORMATION, DATA, POSTINGS, SUBMISSIONS AND MATERIALS (COLLECTIVELY THE “SERVICES”), ARE PROVIDED "AS IS," "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, DISPLAYABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED.
WE DO NOT WARRANT THAT THE SERVICES WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IEX ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, DOWNLOADING OR BROWSING IN THE SERVICES. IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SERVICES.
WE TRY TO ENSURE THAT THE INFORMATION CONTAINED IN OR PROVIDED BY THE SERVICES IS CORRECT AND UP-TO-DATE. WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE SERVICES, PRODUCTS, CONTENT, FUNCTIONS, POSTINGS, INFORMATION, DATA, SUBMISSIONS AND MATERIALS CONTAINED IN OR PROVIDED BY THE SERVICES AT ANY TIME AND WITHOUT ANY PRIOR WARNING. WE CANNOT, AND DO NOT, GUARANTEE THE CORRECTNESS, PRECISION, THOROUGHNESS OR COMPLETENESS OF ANY OF THE INFORMATION CONTAINED IN OR PROVIDED BY THE SERVICES, NOR WILL WE BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION CONTAINED IN OR PROVIDED BY THE SERVICES.
15. LIMITATION OF LIABILITY
IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL IEX, OR ANY IMDEMNIFIED PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SERVICES, YOUR PROVISION OF INFORMATION VIA THE SERVICE OR OTHERWISE, LOST BUSINESS OR LOST SALES, EVEN IF IEX OR ANY SUCH INDEMNFIIED PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
17. JURISDICTIONAL, ARBITRATION AND VENUE ISSUES
19. GENERAL PROVISIONS
Supply of goods, services and software through this Service is subject to United States export control and economic sanctions requirements. By acquiring any such items through this Service, you represent and warrant that your acquisition comports with and your use of the item will comport with those requirements.
21. ENTIRE AGREEMENT
22. CLAIMS OF COPYRIGHT INFRINGEMENT
We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on the Service any materials that violate another party's intellectual property rights. If you believe that any material on the Service infringes upon any copyright which you own or control, you may send a notification of such infringement to IEX at: firstname.lastname@example.org and also sending by postal mailing to: InterExchange, Inc. – Marketing Dept. - 161 Sixth Avenue, 10th Floor, New York, NY 10013.