1. Acceptance of Terms and Conditions of Use
JFF Technologies, LLC and its affiliates and subsidiaries (collectively, "JFF") welcome you to www.inventorychamp.com (the "Site"). By using the Site, you agree to be bound by the following terms and conditions of use (the "Terms"), including JFF's Privacy Policy (the "Policy) which is part of and is incorporated into the Terms, and all applicable laws and regulations. JFF may change the Terms at any time by posting revisions to the Site, and your continued use of the Site indicates your agreement to the revised Terms. Accordingly, JFF urges you to review the Terms at the start of each visit to the Site. If you do not agree to the Terms, you are not permitted to use the Site.
2. Privacy Policy
JFF's Privacy Policy (the "Policy") describes how JFF handles your information when you use the Site. The Policy is part of and is incorporated into the Terms. You may view or print the current version of the
Policy by clicking here .
3. Use of the Site
You agree to use the Site in a manner consistent with any and all applicable laws, rules and regulations. You agree not to upload or transmit to or through the Site any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. Any unauthorized modification to, tampering with or change to any information, or any interference with the availability of or access to the Site is strictly prohibited. You will not hack into or otherwise gain unauthorized access to the Site, JFF's computer systems, or the computer systems of other users of the Site. You will not engage in any data mining in connection with the Site. JFF reserves all rights and remedies available to it including reporting any breach to the relevant law enforcement authorities and cooperating with those authorities by disclosing your identity to them.
4. Site Content
The Site includes certain tools that you may access only as part of the Site. You are not otherwise being given a license to such tools. With respect to any other materials on the Site as to which JFF is the copyright owner and as to which you have properly gained access, JFF hereby grants you a limited, revocable license to download and print copies but only in connection with the purposes for which you were granted access to the Site and only if you do not remove, modify or obscure any copyright, trademark, or other proprietary notices.
All materials not originating with JFF are provided for your interest and convenience only, and JFF does not endorse these materials nor the third parties who supply them, nor does JFF warrant or represent that these materials are current, accurate, complete or reliable.
5. Links to Third Party Sites
The Site may contain links to sites operated by third parties. The linked sites are not under JFF's control, and JFF is not responsible for the content of any linked site or subsequent links from that site. JFF may provide links only as a courtesy to its users, but such links do not (and will not) imply JFF's endorsement of any linked site.
6. Linking to the Site
JFF does not object to you linking directly to the information that is hosted on the Site, provided you do so in a way that is fair and legal and does not damage JFF's reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on JFF's part where none exists. You may not establish a link to the Site from any website that is not owned by you. The Site must not be framed on any other site. JFF may withdraw linking permission without notice.
7. User Registration
To obtain access to certain portions of the Site—including the use of the Economic Order Quality Tool, the Forward Buying Tools, and any other tools that JFF may make available via the Site—you are required to complete a registration. You agree that you will provide true, accurate, current and complete information about yourself as prompted by the registration process and that you will update that information as necessary to maintain its accuracy. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You accept responsibility for all activities that occur under your account or password and such use shall be deemed to be use by you. You will ensure that all use of your account fully complies with these Terms. Transfer of the account by you to any other person or entity is prohibited.
8. User Subscription
To obtain full access to the Site—including use of the Forward Buying Tools—you are required to pay a subscription fee in the amount shown (the "Fee") in addition to completion of the registration process described above. The Fee entitles you to full access to the site for the time period shown (the "Subscription Period"). JFF may, at its option, extend the Subscription Period, but is under no obligation to do so and may terminate your access to a portion or all of the Site at any time at the expiration of the initial one month Subscription Period. JFF's intention is that the combined duration of any single Subscription Period and any extensions thereto will not exceed twelve (12) months.
9. Submitted Information
If you submit any information to us by e-mail, through a form on the Site, or in any other manner other than through Economic Order Quality Tool, the Forward Buying Tools, or any other tool that JFF may make available via the Site, including any comments, remarks, suggestions, ideas, notes, drawings, graphics, concepts, or other information, you hereby grant JFF a limited, revocable license (or sublicense, as the case may be) to use such material (including all associated intellectual property rights) for any purpose, without your consent or any compensation to you or anyone else.
In connection with your use of the Site, you agree not to submit or transmit any material that is unlawful, threatening, libelous, defamatory, obscene, pornographic, profane, or might in any other way violate any law, regulation, or rule. You are solely responsible for any material you submit to the Site. You further agree not to upload, email, post or transmit to, or distribute or otherwise publish through the Site any material which disrupts the normal operation of the Site, including posting or otherwise transmitting material that is not related to the subject at issue or otherwise restricts or inhibits any other user from using the Site.
Through your usage of the Site, you may submit and/or JFF may gather certain limited information about you and your web site usage, and JFF may use this information in accordance with the Policy (which is part of the Terms and incorporated herein by reference).
10. Disclaimer of Warranties
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED ON OR AVAILABLE THROUGH THIS SITE, INCLUDING THE ECONOMIC ORDER QUALITY TOOL, THE FORWARD BUYING TOOLS, AND ANY OTHER TOOLS JFF MAY MAKE AVAILABLE VIA THE SITE (COLLECTIVELY, THE "CONTENT") ARE PROVIDED "AS IS", "AS AVAILABLE" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, BY EITHER JFF OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION OR PRODUCTION OF THE SITE AND/OR THE CONTENT, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. JFF MAKES ANY WARRANTY THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE AND/OR THE CONTENT WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT THE SITE OR DATA OF YOURS OR ABOUT YOU IS SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THAT THE SITE WILL BE COMPATIBLE WITH ANY HARDWARE OR SYSTEMS SOFTWARE CONFIGURATION; OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECOMMENDATIONS ON THIS SITE.
11. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL JFF BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (WHETHER IN CONTRACT, NEGLIGENCE, TORT OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR INABILITY TO USE THE SITE, SITE CONTENT OR ANY PRODUCTS OR SERVICES, OR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, EFFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE SYSTEM FAILURE, LOSS OF DATA, USE OF DATA, OR LOSS OF USE RELATED TO THE SITE OR ANY WEBSITE OPERATED BY ANY THIRD PARTY. IF YOU ARE DISSATISFIED WITH JFF, ANY OF JFF'S SERVICES OR THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, JFF'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF JFF FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED $100.00.
12. Indemnification
You agree to defend, indemnify, and hold JFF and its employees, contractors, officers and directors harmless from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of the Site or the Content therein. JFF reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with JFF in asserting any available defenses.
13. International Use
By choosing to access the Site from any location other than the United States, you accept full responsibility for compliance with all local laws that are applicable. JFF makes no representation that materials on the Site, including the Economic Order Quality Tool, the Forward Buying Tool, and any other tools that JFF chooses to make available via the Site, are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited.
14. Trademarks, Trade Names, and Service Marks
Unless otherwise indicated, all logos, names, package designs, and marks on the Site are trademarks or service marks owned or used under license by JFF. The use or misuse of any of these marks or other information is strictly prohibited.
15. Choice of Law
The Terms shall, for all domestic and international purposes, be governed, interpreted, construed, and enforced solely and exclusively in accordance with the laws of the State of Colorado, U.S.A., without regard to conflicts of law provisions. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms or your use of the Site or the Content shall be filed only in the state or federal courts located in the State of Colorado, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. All actions or proceedings arising out of or relating to the Terms shall be venued exclusively in state and federal court in Colorado. You waive any objection you may now or hereafter have with respect to venue or to convenience of such forum.
16. Integration and Severability
The Terms constitutes the entire agreement between you and JFF with respect to the Site and supersedes all prior or contemporaneous communications and proposals with respect to the Site. If any provision of the Terms is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect.
17. Waiver
JFF's failure at any time to require performance of any provision of the Terms (including the Policy, which is incorporated by reference) or to exercise any right provided for herein or by law shall not be deemed a waiver of such provision or such right. All waivers must be in writing and signed by an authorized representative of JFF. Unless the written waiver contains an express statement to the contrary, no waiver by JFF of any breach of any provision of the Terms of any right provided for herein or by law shall be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Extranet Terms of Use.
18. Termination
JFF reserves the right, in its sole discretion, to terminate your access to all or part of the Site, with or without notice.