1. Your IHR Account
If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account. You must immediately notify IHR of any unauthorized uses of your account or any other breaches of security. Operator will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
2. Responsibility of Contributors
If you insert content to the Website or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer sofTware. By making Content available, you represent and warrant that:
• the downloading, uploading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
• if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any sofTware, or (ii) secured from your employer a waiver as to all rights in or to the Content;
• you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
• the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
• the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
• the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
• your content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, blogs and websites, and similar unsolicited promotional methods;
• your content is not named in a manner that misleads your readers into thinking that you are another person or company; and
• you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by IHR or otherwise.
3. User Content License
IHR has the right (though not the obligation) to, in IHR’s sole discretion (i) refuse or remove any content that, in IHR’s reasonable opinion, violates any IHR policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in IHR’s sole discretion. IHR will have no obligation to provide a refund of any amounts previously paid.
4. Responsibility of Website Visitors
IHR has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, IHR does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. IHR disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
5. Third Party Services and Third Party Websites.
The Website enables you to engage and procure certain third party service providers that IHR partners with or incorporates on the Website, including all merchants and brands (collectively, “Third-Party Services”). You acknowledge and agree that regardless of the way such Third-Party Services may be offered to you (bundled with certain services or offered separately by IHR or persons certified or authorized by us anywhere on this Website), including via a link to a third party website, we are not responsible for the content, terms and conditions, privacy policies, or practices of any third-party websites or any Third-Party Services, including your legal right to use such websites or services. IHR does not endorse any Third-Party Services, and your ability to obtain Third-Party Services through this Website does not imply any indorsement or liability on our part. By using this Website, you expressly release IHR from any and all liability arising from your use of any third-party website or any Third-Party Services. IHR encourages you to review the terms and conditions, privacy policies and other governing documents that govern any other website you visit or any Third-Party Services you use.
6. Content Posted on Other Websites
IHR has not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which the Website links, and that link to the Website. IHR does not have any control over those non-IHR websites and webpages, and is not responsible for their contents or their use. By linking to a website or webpage, IHR does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. IHR disclaims any responsibility for any harm resulting from your use of non-IHR websites and webpages.
7. Copyright Infringement
As IHR asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by the Website violates your copyright, and if this website resides in the United States of America, you are encouraged to notify IHR. IHR will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. IHR will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of IHR or others. In the case of such termination, IHR will have no obligation to provide a refund of any amounts previously paid to IHR.
8. Intellectual Property
This Agreement does not transfer from IHR to you any IHR or third-party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with IHR. IHR, ihatereceipts.com, the IHR and Website logo, and all other trademarks, service marks, graphics and logos used in connection with the Website are trademarks of IHR or IHR’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any IHR or third-party trademarks.
IHR reserves the right to display advertisements on your content.
IHR shall be entitled to use the name and logo of your organization publicly as a reference inrelation to the marketing and distribution of its products and/or services.
IHR reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. IHR may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
IHR may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Website account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitation of liability.
13. Password Protected Areas
Access to and use of password protected areas of the Website is restricted to authorized users only. You agree that you: (i) will provide current, complete and accurate identification, contact and other information about you as you may be prompted by the registration process on the Website; (ii) are responsible to maintain, keep current and update any registration data and other information you provide to the Website (iii) are entirely responsible for maintaining the security of your password, identification and account and for any and all activity that occurs under your account; and (iv) will notify IHR immediately of any unauthorized access or use of your account or password or any other breach of security. You understand that any person with your password will be able to access your account and any registration data, including, without limitation access to your servers and applications accessible through your account. You accept sole risk of unauthorized access to your account. IHR will not be liable to you for any loss you may incur as a result of someone else using your password or account with or without your knowledge. You may be held liable for losses incurred by IHR or any other user or visitor to the Website due to someone else using your password or account. You may not use anyone else’s account at any time, without the permission of the account holder.
14. Disclaimer of Warranties
The Website is provided “as is”. IHR and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither IHR nor its suppliers and licensors, makes any warranty that the Website will be error free or that service thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
15. Limitation of Liability
In no event will IHR or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to IHR under this agreement during the twelve (12) month period prior to the cause of action. IHR shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
16. General Representation and Warranty
You agree to indemnify and hold harmless IHR, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between IHR and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of IHR, or by the posting by IHR of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Louisiana, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in New Orleans County, Louisiana. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the American Arbitration Association pursuant to its Employment Arbitration Rules. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; IHR may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.