You assert that you have the legal ability to enter into this Agreement, and any resulting contracts for purchase. You also agree that you will pay for all goods or services ordered, as denoted elsewhere within this Site. By accessing or utilizing this Site, you certify that you are over 18 years of age. You further certify that you have the legal ability to enter into a legally binding and enforceable agreement whether as a natural person or, if acting on behalf of a business entity, that you have the legal authority to bind the business entity that you are acting on behalf of. You understand that any person who does not have the authority to enter into a legal transaction conducted on this site, for another legal entity, shall be held individually and personally liable for all resulting transactions conducted by you on behalf of the legal entity. If you do not have the legal authority to enter into this binding agreement, please exit this Site now. Otherwise, you are representing that you do have such authority by proceeding further.
You hereby acknowledge that you are entering this Site for the intent of possibly purchasing products or services offered herein and furthermore agree to pay for all products or services ordered through this Site by you. To conduct certain transactions on the Site, you must have an account with Innovative Targets. You may use the Site for obtaining information regarding your account and make payments. The Site includes information, software, text, photographs, graphics, links, and other material that are protected by copyright, trademark, or other proprietary rights of Innovative Targets, or third parties. Innovative Targets grants you a limited nonexclusive license to use the information on the Site for your internal use. You may download your account information of other information on the Site to a computer or print a hard copy for personal reference. Otherwise, you may not copy, store in electronic form, modify, print, transmit, transfer or sell, create derivative works from, distribute, perform, display, frame in another web page, reproduce or in any way exploit the Site or any of the information contained on the Site, in whole or in part, without obtaining permission of the copyright owner, except as expressly permitted in this Agreement or permitted under copyright law. In addition, you agree to not, directly or indirectly, reverse engineer any products offered on this Site. You acknowledge that products or services offered on this Site are owned by Innovative Targets or third parties and may also be protected by copyright, trademark or other similar operations of law.
If no price is listed or posted for a product on this Site, the product is to be considered unavailable for purchase and is not for sale. Innovative Targets reserves the right to alter product offerings or prices at any time and may change, suspend, or discontinue all or any aspect of the Site, including the availability of any feature, database, information, or content without prior notice or liability, as Innovative Targets deems appropriate.
You understand and agree that this Site is intended for use via Internet access and that Innovative Targets is not liable in the event this mode of communication fails or does not perform as intended. For example, Innovative Targets is not liable for any failure to provide the goods or services ordered by you or any resulting damages or resulting financial consequences if an order is not received by Innovative Targets or if the Site is not available or not functioning properly. In connection with using the Site, you may provide or receive information by email. Although email is generally reliable, email can be transmitted improperly or wrongfully intercepted. Innovative Targets does not warrant or guarantee that the transmission of email messages will be uninterrupted or transmitted without error.
By utilizing this Site, you grant Innovative Targets a perpetual, royalty-free license (permission) to use, copy, distribute and modify anything you submit or post to the Site, as Innovative Targets deems appropriate in its sole discretion.
You agree and represent that you are not utilizing this Site, or any products or services offered herein for any illegal, fraudulent, or otherwise legally improper activity. You specifically agree that you are truthful in any and all information that you disclose on this Site. You also assure Innovative Targets that any method of payment offered for goods or services is not fraudulent or illegal. Some products available for purchase on the Site may not be lawfully shipped to or possessed in some jurisdictions. You are responsible for compliance with all international, federal, state and local laws, regulations and ordnances. You agree to indemnify and hole harmless Innovative Targets for any failure by you to comply with any such laws, regulations or ordnances. You agree that you will not, directly or indirectly, use the Site, the Site materials, products or services to violate any applicable laws.
You agree not to disclose your password, if one is issued by Innovative Targets, or any otherwise confidential data to others for use, and understand and agree that if a third party utilizes such information to access this Site, you will be fully liable for such use as a result of the disclosure of information. You should promptly notify Innovative Targets of any unauthorized use of your registration information or other breach of security.
Innovative Targets asserts limits on its liability. Only express warranties made by Innovative Targets in connection with the sale of a product shall be enforceable by you. You agree that Innovative Targets may only be held liable for failure to honor a bona fide sale and improperly retaining funds received from you for the purpose of purchasing product(s) or service(s) offered on this Site. In no manner shall Innovative Targets's liability exceed the price of the goods or services ordered in a bona fide sale. By using this Site, you further agree to the following:
YOU AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH THE SITE, AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS, INACCURACIES OR OTHER PROBLEMS WITH SUCH INFORMATION. IF YOU RELY ON THIS SITE OR ANY MATERIAL AVAILABLE THROUGH THIS SITE, YOU DO SO AT YOUR OWN RISK.
THE MATERIALS ON THIS SITE ARE PROVIDED TO YOU "AS IS, AS AVAILABLE" AND WITHOUT ANY WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. SPECIFICALLY, Innovative Targets AND ITS AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, TIMELINESS, NONINFRINGEMENT, MERCHATABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE ON OR THROUGH THE SITE NOR DO THEY GUARANTEE THAT THE SITE WILL BE ERROR-FREE OR CONTINUOUSLY AVAILABLE OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. INNOVATIVE TARGETS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS SITE OR IN THIRD-PARTY SITES OR YOUR RELIANCE THEREUPON IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
EXCEPT FOR REFUND OF THE PRICE OF THE GOODS OR SERVICES ORDERED BY YOU IN A BONA FIDE SALE, UNDER NO CIRCUMSTANCES SHALL INNOVATIVE TARGETS OR ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES (WHETHER DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHERWISE, OR WHETHER RESULTING FROM PRODUCT LIABILITY, TORT, CONTRACT, OR OTHER THEORIES OF LAW) INCLUDING BUT NOT LIMITED TO ATTORNEYS' FEES AND LOST PROFITS, IN CONNECTION WITH, OR IN ANYWAY ARISING OUT OF, (1) THE USE OR INABILITY TO USE THIS SITE OR ITS CONTENT; (2) ANY GOODS OR SERVICES OBTAINED THROUGH THIRD PARTIES REFERENCED OR MADE AVAILABLE ON OR THROUGH THIS SITE; (3) ANY ERRORS OR OMISSIONS IN THE CONTENT OR INFORMATION ON THE SITE; OR (4) ANY COMPUTER VIRUS OR OTHER PROGRAMMING DEVICE, EVEN IF INNOVATIVE TARGETS IS ADVISED OF THE POSSIBILITY THEREOF.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO PORTIONS OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF INNOVATIVE TARGETS, ITS AFFILIATES, AGENTS, AND LICENSORS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
You agree that any and all disputes, including litigation, may only be raised in the State of Tennessee, County of Rutherford; and that such disputes shall be resolved based on the relevant law in this jurisdiction. You consent to jurisdiction of the federal and state courts in Tennessee for such purposes. If any inconsistency exists between the terms of this Agreement and any additional terms and conditions posted on the Site, such terms shall be interpreted as to eliminate any inconsistency, if possible, and otherwise, the additional terms and conditions shall control. The provisions of this Agreement will be deemed severable and the invalidity or unenforceability of any provision will not affect the validity or enforceability of the other provision hereof. Any provision determined to be invalid or unenforceable will be modified, to the extent possible, to be valid and enforceable so as to retain the intent of the parties.