THE BRAND THAT COUNTS

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

1. ACCEPTANCE OF TERMS:

These Terms of Use (these “Terms”) shall govern your use of www.inthenumber.com, including all pages within this website (the “Website”). These Terms apply in full force and effect to your use of this Website, and, by using this Website, you expressly accept all terms and conditions contained herein. If you have any objection to any of these Terms, then you must not use this Website. Your continued use of this Website shall be deemed an acceptance of all terms and conditions contained herein. Please check these Terms periodically for any changes.

2. COPYRIGHT:

All content included on this site, such as text, graphics, logos, button icons, images, video clips, audio clips, digital downloads, data compilations, and software is the exclusive property of In The Number, LLC (the “Company”, “We”, “Us”, “ITN” or “In The Number”) or its content suppliers and is protected by United States and International copyright laws. The content on this website may be used by you as a shopping and/or information resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on this Website is strictly prohibited.

3. TRADEMARKS:

All trademarks, service marks and trade names of ITN used in this Website are common law trademarks or registered trademarks of the Company. You are strictly prohibited from any unauthorized use of the Company’s trademarks, service marks and/or trade names.

4. RESTRICTIONS:

You are expressly prohibited from the following:

1. Using this Website in any way that is, or may be, damaging to the Company;
2. Using this Website in any way that impacts user access to this Website;
3. Using this Website contrary to applicable laws and regulations or in any way that causes, or may cause, harm to the Website, the Company or to any other person or business entity; and,
4. Engaging in data miming, data harvesting, data extracting or any other similar activity in relation to this Website or while using this Website.

5. PRIVACY POLICY:

The Company shall handle your personal information pursuant to its Privacy Policy, which is incorporated herein by reference. Please review and be familiar with the terms of our Privacy Policy.

6. WARRANTY DISCLAIMERS

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

1. YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK;
2. THIS WEBSITE AND THE MATERIALS AND PRODUCTS ON THIS WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE”;
3. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT;
4. THE COMPANY DOES NOT MAKE ANY REPRESENTATION OR WARRANTY THAT THE FUNCTIONS CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
5. THE COMPANY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE INFORMATION, MATERIAL OR SERVICES POSTED ON THIS WEBSITE, IN TERMS OF ACCURACY, CORRECTNESS, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE;
6. WE DO NOT WARRANT THE QUALITY OF ANY GOODS OR OTHER MATERIALS PURCHASED OR OBTAINED, OR TRANSACTIONS ENTERED INTO BY YOU, THROUGH OUR WEBSITE OR THAT SUCH WILL MEET YOUR EXPECTATIONS;
7. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE IS DONE AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL; AND,
8. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU CREATES ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

7. LIMITATION OF LIABILITY:

YOU EXPRESSLY UNDERSTAND AND AGREE THAT ITN SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, ANY OTHER TORT OR OTHERWISE) RESULTING FROM:

1. THE USE OR INABILITY TO USE THIS WEBSITE;
2. GOODS PURCHASED FROM THIS WEBSITE;
3. SUBSTITUTE GOODS, RESULTING FROM GOODS PURCHASED ON THIS WEBSITE;
4. UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
5. STATEMENTS OR CONDUCT OF ANY THIRD PARTY;
6. CHANGES TO THESE TERMS;
7. FAILURE BY ITN OR ANY DESIGNEE TO ENFORCE THESE TERMS;
8. TERMINATION, SUSPENSION OR UNAVAILABILITY OF THE GOODS OR SERVICES PROVIDED TO YOU ON THIS WEBSITE; AND,
9. ANY OTHER MATTER RELATING TO YOUR USE OF THIS WEBSITE.

8. INDEMNIFICATION:

You agree to indemnify, defend, and hold harmless ITN, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against any and all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms or any activity related to your use of this Website (including negligent or wrongful conduct).

9. DESCRIPTION OF GOODS:

ITN attempts to be as accurate as possible in its product descriptions; however, We do not warrant that descriptions of goods or other content of this Website are accurate, reliable, complete, error-free or current.

10. NOTICE:

We may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to ITN.

11. USE OF WEBSITE:

You understand that all information, data, text, software, documents, files, graphics, videos, links, messages or other materials or communications (the “Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. Therefore, you, and NOT ITN, are entirely responsible for all Content that you upload, post, email or otherwise transmit through your use of this Website. You are strictly prohibited from using this Website to:

1. Upload, post, email or otherwise transmit any Content that is likely to be perceived by any individual as unlawful, harmful, threatening, harassing, “stalking”, tortious, defamatory, derogatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
2. Harm minors in any way;
3. Impersonate any person or entity, including, but not limited to, an ITN employee, consultant or official, or falsely misrepresent your affiliation with a person or entity;
4. Upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law, contract, or fiduciary relationship;
5. Upload, post, email or otherwise transmit any Content that infringes any intellectual property rights;
6. Attack others or negatively affect other users’ ability to engage in civil online communication exchanges;
7. Interfere with or disrupt others’ use or enjoyment of this Website;
8. Violate any applicable local, state, national or international law;
9. Upload, post, email or otherwise transmit any Content that contains software viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware of telecommunications equipment;
10. Upload, post, email or otherwise transmit any Content that encourages a criminal offense, violates the rights of any party or which may otherwise give rise to liability or violates any law; and/or,
11. Upload, post, email or otherwise transmit any Content to solicit others to join or become members of any other commercial online service or other organization.

12. ACCOUNT INFORMATION:

If you use this Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

13. PARTICIPATION DISCLAIMER:

ITN does not and cannot review all communications and materials posted to or created by users accessing this Website, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on this Website, ITN is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on this Website. However, ITN reserves the right to block or remove communications or materials that it determines, in its sole discretion, to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to ITN.

14. THIRD PARTY LINKS:

In an attempt to provide increased value to our visitors, ITN may link to sites operated by third parties. However, even if the third party is affiliated with ITN, ITN has no control over these linked sites, all of which have separate privacy policies and terms of use. These linked sites are only for your convenience and therefore your access to them is at your own risk and ITN is not responsible or liable for any damages or loss caused or alleged to be caused by or in connection with the use of or reliance of any content, goods or services available on or through these sites. Nonetheless, ITN seeks to protect the integrity of this Website and the links placed upon it and therefore requests any feedback on not only its own Website, but for sites it links to as well (including if a specific link does not work).

15. INTERNATIONAL INFORMATION:

You must comply with all local rules regarding online conduct and acceptable Content. Specifically, you must comply with all applicable laws regarding the transmission of technical data exported from the United States of the county in which you reside or are accessing this Website. In addition, note that the laws of certain countries may restrict certain online activities and it is your responsibility to comply with these Terms as well as applicable laws, rules and regulations.

16. CHOICE OF LAW:

These Terms and your use of this Website shall be construed in accordance with and governed by the laws of the State of Ohio, without regard to its conflict of laws provisions.

17. CHOICE OF FORUM:

You agree to submit to the personal and exclusive jurisdiction of the courts located within the County of Franklin, Ohio with regard to any legal action or proceeding related to these Terms and your use of this Website.

18. MISCELLANEOUS:

1. Headings. The subject headings of the paragraphs and subparagraphs of these Terms are included for the purposes of convenience only and shall not affect the construction or interpretation of any of its provisions.
2. Entire Agreement. These Terms constitute the entire agreement between you and ITN pertaining to your use of this Website and supersedes all prior and contemporaneous agreements, representations and understandings regarding the same.
3. Modification of these Terms. ITN is permitted to revise, amend, or modify these Terms at any time, and, by using this Website, you are expected to review these Terms on a regular basis to ensure you understand all terms and conditions, as may be modified from time to time, governing your use of this Website.
4. If any provision of these Terms, or a portion thereof, is held, by a court of competent jurisdiction, to be invalid or unenforceable, then the remainder of these Terms shall nevertheless remain in full force and effect.
5. Non-Waiver. The failure of ITN to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
6. ITN may deliver notices to you via email, a general notice on the Website or by other reliable methods to the address you have provided to ITN.

19. VIOLATIONS:

Please report any violations of these Terms to our customer service group at [email protected] .