INVENTORY AHEAD TERMS & CONDITIONS
IMPORTANT. PLEASE READ. BY CHECKING THIS BOX, YOU AGREE TO THE FOLLOWING INVENTORY AHEAD, LLC ("INVENTORY AHEAD" OR THE "COMPANY"), TERMS AND CONDITIONS (THE "AGREEMENT"). IF YOU ARE EXECUTING THIS AGREEMENT ON BEHALF OF A COMPANY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND THE COMPANY TO THE TERMS GOVERNING THE USE OF INVENTORY AHEAD ON-LINE SERVICE (THE "SERVICE"). THE TERM "YOU" REFERS TO THE INDIVIDUAL OR A LEGAL ENTITY, AS APPLICABLE, THAT REGISTERS FOR OR USES THE SERVICE. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST NOT CHECK THE "I ACCEPT" BOX AND MAY NOT USE THE SERVICE.
Welcome. As part of the Service, inventory ahead will provide you with use of the Service. Your registration for, or use of the Service shall be deemed to be your agreement to abide by this Agreement.
Service Fees and Payments. You are agreeing to subscribe to inventory ahead Service on a monthly basis. You will be charged each billing period the Service Fees in effect posted on inventory ahead's website. Your subscription will continue and renew automatically unless terminated as per the "Termination" section below. You agree to pay all charges for the current billing period at the time of cancellation, whether or not the current billing period is only partially complete. All fees and charges are nonrefundable. inventory ahead may change the Service Fees then in effect, or add new fees or charges, by giving You notice in advance. Continued use of the Service after any such fee changes shall constitute your consent to the new fees.
Postage. You will provide to the Company access to your carrier accounts, including USPS, DHL Express, etc. ("Customer Postage Accounts"). You are responsible for all shipping charges and will deal directly with the carrier yourself in connection with any cancellations, refunds or credits.
Postage Account Registration. You agree to provide your authentic name, company, address and contact information when you register your Customer Postage Account with the Company, and have such information transmitted to the carriers. You agree to pay and be held liable for any sur-charges that the carriers may issue on the labels you printed, including any penalties, as part of under reporting of weight, size, or as part of other carrier rules.
Charges and Credit Card. inventory ahead charges your credit card each billing period Your Service Fees for that period. You must provide inventory ahead with a valid credit card number belonging to you with available credit sufficient to pay the applicable Service Fees. In the event that you cancel this credit card or it is otherwise terminated, you must immediately provide us with a new valid credit card number.
Non-Payment. If timely payment is not received or cannot be charged to your credit card for any reason, inventory ahead reserves the right to either suspend or terminate your access to the Service and account and terminate this Agreement. If inventory ahead receives a cancellation notice from you, you will be obligated to pay balance due on your account. You agree that inventory ahead may charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees.
Contact and Billing Information. It is your responsibility to keep valid contact and billing information on your account. inventory ahead will send out payment issue notices regarding your account in accordance with the contact information you have provided upon registration. To avoid service interruption due to non-payment issues, please ensure all contact information is current under the "Administration/Billing" section of the inventory ahead portal.
Free Trials. To the extent inventory ahead offers new subscribers a one-time free trial to test the Service, each new subscriber is limited to only one trial account. Additional accounts registered by the subscriber will not have free trial periods. inventory ahead reserves the right to discontinue or modify the terms of free or promotional offer at our discretion.
Restrictions. You are permitted to store, manipulate, analyze, reformat, print, and display any information or content displayed on inventory ahead’s website or provided through its Service ("Content") only for your personal use. Unauthorized use of the Service, or the resale of the Services, is expressly prohibited. You shall not copy, license, sell, transfer, make available, distribute, or assign this license or the Content to any third party. You also shall not create Internet "link" to the Service or "frame" or "mirror" any Content contained on, or accessible from, this Service on any other server or Internet-based device.
User Accounts. A user account is required to access the Service and may be accessed and used only by those authorized individuals who are registered with inventory ahead. You are solely responsible for any and all activities that occur under your account and ensuring that you exit or log-off from your account at the end of each session of use. You shall notify inventory ahead immediately of any unauthorized use of your password or account or any other breach of security that is known or suspected by you. inventory ahead shall not be responsible for any unauthorized access to your account.
License Grant. Subscriber may not sublicense or rent the Services to others. Subscriber may use the Services for its internal business purposes only. Subscriber may not timeshare the Services with another entity. Subscriber may not reverse engineer or decompile the Services. Subscriber may not modify the Services or make derivative works from the Services. Subscriber may not use the Services to create similar software or services. Subscriber shall not use the Service that Subscriber directly or indirectly licenses to others or to perform consulting services for others. Subscriber shall treat the Services as Confidential Information. The Parties agree the Agreement constitutes a license, not a sale, of the Services. Any attempt by Subscriber to transfer the license to the Services, except as expressly permitted by the Agreement or permitted in writing by Company, shall cause immediate termination of the Subscription.
Account Information. inventory ahead does not own and will not monitor, edit, or disclose any information regarding you or your account without your prior permission except in accordance with this Agreement. Please be aware that inventory ahead does provide certain user registration and statistical information such as usage or user traffic patterns in aggregate form to third parties, but such information will not include personally identifying information and your Internet protocol address is not transmitted with each message sent from your inventory ahead account. inventory ahead may access your account to respond to service or technical problems or as stated in this Agreement.
User Conduct. You agree to abide by all applicable local, state, national and foreign laws, treatises and regulations in connection with the Service. In addition, without limitation, you agree not to use the Service to: (a) interfere with or disrupt servers or networks connected to the Service or violate the regulations, policies or procedures of such networks; (b) attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means; or (c) harass or interfere with another user's use and enjoyment of the Service.
Intellectual Property Ownership; Trade Secret Property. The Services and any associated software or designs (the "Software") are and shall remain the exclusive Intellectual Property of inventory ahead. Subscriber does not acquire any ownership stake in the Software or Services because of this Agreement. Subscriber acknowledges, shall not challenge, and shall not voluntarily aid any third party in challenging inventory ahead’s Intellectual Property ownership of the Software and Services. inventory ahead will own and have all rights to any suggestions, recommendations or improvements to the Software or Services described by Subscriber, unless otherwise agreed to in writing.
Termination. inventory ahead, in its sole discretion, may terminate your password, account or use of the Service and remove and discard any Data within the Service if you fail to comply with this Agreement. You may terminate your subscription by sending email request to inventory ahead Support with your inventory ahead Account Name. If you terminate your account at any time, you may be liable for any balance of your current subscription, depending on your plan type, and will not receive a refund of any part of the subscription rate if you terminate your account during a billing cycle or plan period. In addition, inventory ahead may terminate a free account if you do not first log-on within 15 days after registration. Upon termination of an account, your right to use such account and the Service immediately ceases. inventory ahead shall have no obligation to maintain any data stored in your account or to forward any data to you or any third party.
Authorization. In your use of the Service, you may allow inventory ahead to access your third party accounts, such as Amazon or Ebay. You authorize inventory ahead to access your account as necessary in connection with the Service.
Third Party Interaction. In your use of the Service, you may enter into correspondence with, purchase goods and/or services, or participate in promotions of advertisers or sponsors showing their goods and/or services through the Service. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. inventory ahead shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party.
Links to Third Party Sites. inventory ahead does not endorse any sites on the Internet which are linked through the Service. inventory ahead is providing these links to you only as a matter of convenience, and in no event shall inventory ahead be responsible for any content, products, or other materials on or available from such sites.
Proprietary Rights. Except for the licenses granted herein, you have no right, title or interest in or to the Service or any Content and inventory ahead or its licensors. inventory ahead and/or other inventory ahead products and services referenced herein are either trademarks or registered trademarks of inventory ahead. The names of other companies and products mentioned herein may be the trademarks of their respective owners.
Indemnification. You shall indemnify and hold inventory ahead, its licensors, and each such party's parents, subsidiaries, affiliates, officers, directors, employees, attorneys, and agents, harmless from and against any and all claims, costs, damages, losses, liabilities, and expenses (including attorneys' fees and costs) arising out of or in connection with your use of the Service (including the Content) or breach of this Agreement.
Disclaimer of Warranties. INVENTORY AHEAD AND ITS LICENSORS, MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR ANY CONTENT. INVENTORY AHEAD AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT: (I) THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (II) THE SERVICE WILL MEET YOUR EXPECTATIONS OR NEEDS; (III) DATA, FORECASTS OR OTHER INFORMATION PROVIDED BY COMPANY WILL BE ACCURATE OR RELIABLE; (IV) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (V) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (VI) ERRORS OR DEFECTS WILL BE CORRECTED, (VII) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY INVENTORY AHEAD AND ITS LICENSORS.
Limitation of Liability. IN NO EVENT SHALL INVENTORY AHEAD’S AGGREGATE LIABILITY EXCEED THE AMOUNT ACTUALLY PAID BY YOU IN THE ONE MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL INVENTORY AHEAD AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SERVICE, INCLUDING BUT NOT LIMITED TO YOUR USE OR INABILITY TO USE THE SERVICE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE, EVEN IF INVENTORY AHEAD OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Submissions. inventory ahead alone will own all right, title and interest, including all related intellectual property rights, to any suggestions, ideas, feedback, recommendations, or other information provided by you relating to the Service ("Submissions") and you agree to assign such Submissions to inventory ahead free of charge. inventory ahead may use such Submissions as it deems appropriate in its sole discretion.
Notice. inventory ahead may give notice by means of a general notice on the Service, electronic mail to your e-mail address on record in inventory ahead's account information, or by written communication sent by first class mail to your address on record in inventory ahead's account information. You may give notice to inventory ahead (such notice shall be deemed given when received by inventory ahead) at any time by any of the following: electronic mail to firstname.lastname@example.org; or form the Support option on https://www.inventoryahead.com.
Modification to Terms. inventory ahead reserves the right to change the terms and conditions of this Agreement or its policies relating to the Service at any time and shall notify you by posting an updated version of this Agreement on the Service. You are responsible for regularly reviewing this Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes.
Beneficiaries. The rights and limitations in this Agreement are also for the benefit of inventory ahead's licensors each of whom shall have the right to enforce its rights hereunder directly and on its own behalf.
General. This Agreement will be governed by New York law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You shall bring all disputes, actions, claims, or causes of action related to this Agreement or in connection with the Service by binding arbitration before an arbitration panel appointed under the rules of the American Arbitration Association. Such arbitration shall be on an individual, non-class basis. To the extent the amount in controversy is less than $50,000, a single arbitrator shall decide the dispute. No text or information set forth on any other purchase order, preprinted form or document shall add to or vary the terms and conditions of this Agreement. The English language version of this Agreement shall control. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. `The failure of inventory ahead to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by inventory ahead in writing. This Agreement comprises the entire agreement between you and inventory ahead and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.
Time Limitations. Each Party shall assert each Claim against the other Party arising from or related to the Services within two years of the later of the accrual of the Claim. A counterclaim is not barred if the Claim filed by the other Party is timely under this section. Otherwise, all Claims not made within the time provided by this section are waived and barred.
Force Majeure Company shall not be liable for any failure or delay caused by events beyond its reasonable control.
Headings. The headings in this Agreement are only finding aids; they shall not be considered in interpreting this Agreement.