iExchangeWeb(SM)
THE TERMS AND CONDITIONS UNDER WHICH SERVICE WILL BE PROVIDED ARE SET OUT
BELOW. BY COMPLETING THE ONLINE ENROLLMENT PROCESS, SERVICE SUBSCRIBER AGREES
TO THESE TERMS AND CONDITIONS JUST AS IF IT MANUALLY SIGNED A CONTRACT
CONTAINING THEM. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. THEN
INDICATE (1) WHETHER YOU ARE AUTHORIZED TO BIND YOUR COMPANY TO THESE TERMS AND
CONDITIONS AND (2) WHETHER YOUR COMPANY ACCEPTS AND AGREES TO THESE TERMS AND
CONDITIONS.
If you enter "I Do Not Agree" to the question at the bottom of this
page, this sign-up session will automatically terminate.
iExchangeWeb
Service Terms and Conditions
iExchangeWeb ("Service") is an electronic information interchange
application service which is provided by iConnect, Inc. ("iCi") by
means of the public Internet. It allows authorized subscribers to access
iConnnect's iExchangeWeb servers for the purpose of electronically exchanging
business information in standardized formats with trading partners on a computer-to-computer
basis. Access to and use of the Service by your Company
("Subscriber"), and persons who use Subscriber's User ID Number and
password to access the Service ("Authorized Users"), will be subject
to the following terms and conditions:
- Charges and Payment.
- Subscriber will pay the charges posted in the
online Billing and User Information for the Service. All Subscribers will
pay a one-time service initiation fee. Subscriber may elect a semi-annual
or month-to-month subscription. Subscriber may change the subscription
elected at any time. Subscription fees for the Service are payable in
advance and are non-refundable. Prices are exclusive of taxes and duties;
Subscriber will pay any sales, use, excise, value added, utility or
similar taxes applicable to its Service. Payment will be made by
Subscriber by credit card, or by direct debit to the Subscriber's bank
account where available and authorized by Subscriber, unless otherwise
agreed by Subscriber and iConnect. Subscriber authorizes iConnect to
charge Subscriber's specified credit card or bank account for amounts
which become payable by Subscriber to iConnect under this Agreement.
- Subscriber will be responsible for all charges
resulting from use of its Service account, including unauthorized use
prior to its notifying iConnect of such use and taking steps to prevent a
recurrence by changing its password. iConnect reserves the right to
change prices or institute new charges for access to or use of the
Service at any time by posting such changes online on the IExchangeWeb
web site at least thirty (30) days before the new prices become
effective. Subscriber is responsible for reviewing pricing information
posted on the web site regularly to obtain timely notice of such changes.
Continued use of the Service after changes are posted constitutes
acceptance by Subscriber of the prices as modified by the posted changes.
- Subscriber is responsible for
providing and maintaining a personal computer and modem and Internet
services (including browser software) required for accessing and using
the Service. Subscriber will pay the service providers separately for all
telecommunications and Internet service fees and charges incurred by it
in accessing the Service. The subscriber will also be responsible for
Value Added Network charges if the subscriber’s data is routed via a
Value Added Network.
- Subscriber will be billed
in advance for requested services and the payment is due within 30
days of the invoice date. If the payment is not received by the due
date, subscriber will be assessed a Late Payment Fee of 1.5% per month
of amount overdue or $25 (whichever is higher).
- Term. Unless earlier terminated as provided herein, this
Agreement will continue until terminated by either party upon thirty (30)
days prior notice to the other. iConnect may suspend use of the Service
without notice in the event of a breach of this Agreement by Subscriber
(including failure to timely pay) and may terminate this Agreement if the
breach is not cured within fifteen (15) days after notice to Subscriber.
iConnect may change this Agreement (other than prices) at any time by
posting changes online on the IExchangeWeb web site. Subscriber is
responsible for reviewing regularly information posted online to obtain
timely notice of such changes. Continued use of the Service after changes
are posted constitutes acceptance by Subscriber of this Agreement as
modified by the posted changes.
- Modifications of Terms. iConnect may unilaterally
change these terms and conditions at any time by conspicuously posting
notice of such change in the User Support area of the Service for a period
of five (5) consecutive days. Continued use of the Service after such
notice will constitute acknowledgment and acceptance of the revised terms
and conditions.
- Limited
Warranty.
- iConnect warrants that the Service will perform
substantially as specified in the online service description. This
warranty will apply only to failures to meet the warranty that are
reported to iConnect in writing within thirty (30) days after the date of
the failure. Subscriber will cooperate fully and provide such information
as is necessary for iConnect
- iConnect to verify the failure. If any failure
should not be corrected within a reasonable period of time, as iConnect's
sole obligation and Subscriber's exclusive remedy, the charges paid by
Subscriber for the particular Service affected by the failure will be
equitably reduced and a credit issued to Subscriber in the amount of the
reduction.
- NO OTHER WARRANTIES, WHETHER
EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY
WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE APPLY TO
THE SERVICE. ICONNECT DOES NOT WARRANT THAT THE SERVICE WILL MEET
SUBSCRIBER'S REQUIREMENTS OR THAT USE AND OPERATION OF THE SERVICE WILL
BE UNINTERRUPTED OR ERROR-FREE. SUBSCRIBER IS RESPONSIBLE FOR TAKING
APPROPRIATE PRECAUTIONS AGAINST DAMAGE TO ITS OPERATIONS WHICH COULD BE
CAUSED BY DEFECTS, INTERRUPTIONS, OR MALFUNCTIONS OF THE SERVICE AND
ASSUMES THE RISK OF SUCH OCCURRENCES. ICONNECT DOES NOT WARRANT THE
AVAILABILITY, ACCURACY, COMPLETENESS, TIMELINESS OR USEFULNESS OF ANY
INFORMATION OR MATERIALS ACCESSED BY USE OF THE SERVICE. SUBSCRIBER IS
RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO
SATISFY ITS PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA INPUT AND
OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO THE SERVICE FOR THE
RECONSTRUCTION OF ANY LOST DATA.
- Limitations of Liability. NEITHER ICONNECT NOR ITS
SUPPLIERS WILL BE LIABLE TO SUBSCRIBER FOR SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES ARISING FROM THE PROVISION OR FAILURE TO PROVIDE THE
SERVICE TO SUBSCRIBER (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES). THE LIABILITY OF ICONNECT AND ITS SUPPLIERS FOR ANY OTHER TYPES
OF DAMAGES ARISING FROM THIS AGREEMENT OR THE USE OF THE SERVICE, REGARDLESS
OF THE FORM OF ACTION, WHETHER IN CONTRACT OR TORT, INCLUDING CLAIMS OF
NEGLIGENCE, WILL NOT EXCEED, IN THE AGGREGATE, THE GREATER OF: THE TOTAL
AMOUNT PAID BY SUBSCRIBER FOR THE SERVICE FOR THE THREE (3) MONTHS
PRECEDING THE EVENT WHICH IS THE CAUSE OF LIABILITY OR ONE HUNDRED DOLLARS
($100).
- Force Majeure. Except for the failure to make payments when
due, neither party will be liable to the other by reason of any failure in
performance of this Agreement if the failure arises out of any cause beyond
the reasonable control of that party.
- Notices;
Business Records.
- Any
Notice which is required or permitted to be given by either party to the
other under this Agreement must be in writing and may be given by
personal delivery, by certified mail or by electronic transmission (i.e.,
telex, cable, fax or electronic mail) properly addressed to the other.
All notices will be effective upon the date of receipt.
- Neither party will contest the validity,
enforceability or admissibility of hard copy printouts of this Agreement
or notices submitted pursuant to this Agreement. Copies of this Agreement
or any notices submitted under this Agreement, if introduced as evidence
in tangible form in any judicial or administrative proceedings, will be
admissible to the same extent and under the same conditions as other
business records originated and maintained in documentary form.
- Use
of the Service.
a.
Use of
the Service is subject to all laws and government regulations and to iConnect's
standard conditions of use applicable to the Service. Subscriber is solely
responsible for all information or content provided to iConnect in connection
with the Service. Subscriber represents to iConnect that Subscriber has all
necessary rights to use all such material.
b.
Subscriber
will indemnify and hold ICONNECT harmless from any demands, claims, actions or
causes of action, assessments, losses, damages, costs, expenses, judgments,
awards, fines, amounts paid in settlement and other liabilities arising from
(a) the unlawful, improper or unauthorized use of the Service, (b) errors or
omissions in any information content made available to ICONNECT in connection
with the Service, or (c) alleged copyright or other intellectual property
rights infringement, defamation or other tort on account of information content
provided to ICONNECT.
- General.
- In
the event that iConnect, in the course of providing the Service, gains
access to the content of documents transmitted to or from Subscriber or
its Authorized Users, iConnect will maintain the confidentiality of such
content by using the same degree of care that iConnect takes to hold in
confidence its own confidential information of a similar nature.
- Subscriber's use of its user ID and password
constitutes Subscriber's continuing acceptance of the terms and
conditions of this Agreement.
- If Subscriber allows third parties to use the
Service, Subscriber will indemnify and hold iConnect harmless against any
liability, costs or damages arising out of claims or suits by such third
parties including Subscriber's Authorized Users based upon or relating to
such use.
- iConnect may include Subscriber's name and
contact information in directories of iConnect service subscribers.
However, iConnect is not authorized to use Subscriber's name, trademarks,
logos or other identifying information in any other advertising or
promotional materials without its prior consent.
- This Agreement will be governed by the laws of
the State of Michigan, excluding its conflict-of-laws provisions. Any
cause of action arising out of this Agreement must be instituted within
one (1) year after the cause of action first accrues or the suit will be
barred. Any right to jury trial in any suit arising out of this Agreement
is waived.
- The provisions of Sections 3, 4 and 7 are for
the benefit of ICONNECT and its employees, agents, contractors,
information providers, licensors and other suppliers, each of whom shall
have the right to assert and enforce these provisions directly on its own
behalf. These provisions will survive any termination of this Agreement.
- This Agreement contains the
complete and exclusive agreement of the parties with respect to the
matters covered. No waiver, alteration or modification of any of the
provisions of this Agreement will be binding unless made in accordance
with the provisions of Section 8 or expressly agreed to in a writing
signed by the party to be bound. If Subscriber issues a purchase order or
other similar document, it will be for Subscriber's internal purposes
only, and, therefore, even if it is acknowledged by ICONNECT, the terms
and conditions of such purchase order or similar document will have no
effect on this Agreement.
PLEASE TAKE NOTE OF YOUR USER ID AND PASSWORD AND STORE SUCH INFORMATION IN A
SECURE PLACE. PROTECT YOUR PASSWORD AGAINST DISCLOSURE TO UNAUTHORIZED USERS.
THE IEXCHANGEWEB SERVICE IS A SERVICE OFFERING OF ICONNECT, INC., 24 FRANK
LLOYD WRIGHT DRIVE, P. O. BOX 452, ANN ARBOR, MI 48106, (734) 930-4260.