You acknowledge that IMS and all of its related logos, products and services provided in connection with this website are the trademarks, registered trademarks, service marks, copyrights, and other intellectual property of IMS, that they constitute proprietary property of IMS, and that you shall not copy, download, imitate or otherwise use, in whole or in part, such property without the prior express authorization of IMS. Unless expressly stated to the contrary, nothing on IMS's website shall be construed as conferring any license under any of IMS's or any third party's intellectual property rights, whether by estoppel, implication or otherwise.
The Service is provided "AS IS," and IMS makes no express or implied representations or warranties to you regarding the usability, condition, or operation of the website and its content. IMS does not warrant that access to or use of IMS will be uninterrupted or error-free, or that IMS or its related software or services will meet any particular criteria of performance or quality. IMS expressly disclaims all implied warranties and conditions, including without limitation, warranties or conditions of merchantability, fitness for a particular purpose, compatibility, security, or accuracy.
All information on the IMS website remains the property of either IMS or its information providers. Inclusion on the website does not mean endorsement by IMS, unless so indicated. IMS does not warrant that information provided by third parties is correct. No information may be used for any unlawful or unauthorized purpose.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS DONE SOLELY AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY LIABILITY, LOSSES, DAMAGES OR INJURY INCURRED BY YOU AS A RESULT OF USE THE SERVICE OR INABILITY TO USE THE SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGE TO YOUR COMPUTER SYSTEM AND LOSS OF DATA. IN NO EVENT SHALL IMS BE LIABLE FOR ANY DAMAGES, INCLUDING SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, ARISING OUT OF OR RELATED TO THE SERVICE, EVEN IF IMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IMS's liability to you for breach of this agreement is limited to the amount actually paid by you to IMS for access to and use of the Service. You release IMS from any and all obligations, liabilities, and claims in excess of this limitation. Some jurisdictions do not allow for the limitation or exclusion of incidental or consequential damages, so some of the above limitations may not apply to you.
IMS grants you a non-exclusive, non-transferable license to link to IMS's website, subject to the following provisions. You must notify IMS in writing or via e-mail that you will be linking IMS to your Web site. The link may be created using only text, and not using IMS's or any other logo, design, symbol or artwork. The link may only be created to IMS's homepage located at the URL: http://www.SURFtoIMS.com. The link shall be created in a manner such that the viewer is taken directly to IMS's website and may not be created in a manner such that IMS's website is framed within any other website. Furthermore, the link shall not be used in any way to suggest affiliation with, or sponsorship or endorsement by IMS. The link shall not be used in any manner which, in IMS's sole and exclusive discretion, disparages IMS or in any way diminishes or damages IMS's reputation or goodwill. IMS reserves the right to terminate this license at any time and for any or no reason, without notice. If IMS notifies you that it is terminating your license to link to IMS, you agree to immediately remove the link. If you wish to use IMS's logo, you must first obtain express authorization from IMS to do so.
Electronic Communications. Notices, agreements, and other communications ("Communications") regarding your account and relating to the Service will generally be provided to you electronically and you agree to receive Communications in electronic form. Communications may be posted on the pages within IMS's site and/or delivered to your email address. All Communications in either electronic or paper format are considered to be in "writing," and to have been received by you no later than five (5) business days after posting or dissemination, whether or not you have received, viewed, or retrieved the Communication. IMS reserves the right but assumes no obligation to provide Communications in paper format. Your consent to receive Communications electronically is valid until you explicitly revoke your consent by notifying IMS. If you revoke your consent to receive Communications electronically, IMS may terminate your right to use the Service.
IMS reserves the sole and exclusive right to change this statement at any time and for any or no reason by posting changes online. You are responsible for reviewing regularly information posted online on the website to obtain timely notice of such changes. Your non-termination or continued use of IMS after changes are posted constitutes your acceptance of this statement as modified by the posted changes.
Prohibited Where Illegal
By using the Service, you acknowledge that you are not accessing or using the Service from jurisdictions in which activities conducted using the Service are deemed to be illegal.
All disputes arising from or related to the use of the Service shall be construed in accordance with the laws of the State of Florida applicable to contracts entered into and wholly to be performed within said state, without regard to its conflict of laws provisions. By using the Service, and thereby agreeing to these Terms and Conditions, you agree to submit any claim or cause of action arising out of or relating to the Service or this Agreement to the exclusive jurisdiction of the courts located within the county of Broward, Florida and you consent to personal jurisdiction in such courts.
Any cause of action you may have with respect to this website or the Service must be brought within six (6) months after the cause of action arises or be forever waived and barred. Should any part of this Agreement be held invalid or unenforceable, that part shall be limited or construed to be consistent, as nearly as possible, to reflect the intention of the parties as set forth in the affected part(s) and all remaining parts shall remain in full force and effect.
Copyright � 2001 by IMS. All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without written permission.