Impact-O-Graph Devices Terms and Conditions
Welcome to the Impactograph.com website operated by IOG Products, LLC.
Definitions: The Impactograph.com will be referred to as “Website”. The individual using the website referred to as “User” and purchaser of Impactograph product is referred to as “Buyer” and when Impactograph sells a product to a Buyer it will be referred to as “Seller”.
The use of the Website is governed by these Terms and Conditions. By using the Website the User agrees that they have read and familiarized themselves with the Terms and Conditions, they understand the Terms and Conditions, and that they are bound by the Terms and Conditions when using the Website. If you do not agree to the Terms and Conditions, you may not access the Website. The Terms and Condition constitute the entire agreement between Impactograph and User and/or Buyer regarding its subject matter and supersedes and replaces any and all prior agreements between the parties regarding such subject matter.
Changes to Website
User acknowledges and agrees that Impactograph may change, modify, amend, suspend or discontinue any aspect of the Website, at any time, without notice and without liability to User or to any third party. Impactograph reserves the right to impose limits on certain features of the Website, at any time, without notice and without liability to User or to any third party.
Further, User acknowledges and agrees that Impactograph may amend any or all of the Terms and Conditions at any time, at Impactograph’s sole discretion, without notice. Any amendment of the Terms and Conditions will be reflected on the Website. User is encouraged to review periodically the Terms and Conditions posted on the Website. Use of the Website constitutes acceptance of the current Terms and Conditions.
Impactograph Ownership Information
The information on this Website, along with any materials (including, for example, product sheets, white papers, press releases, product descriptions and FAQs) is the copyrighted work of Impactograph and/or its suppliers and is protected under United States and worldwide copyright laws and treaty provisions. Impactograph grants you permission to copy such Materials so long as each copy (i) is solely for informational, non-commercial use in support of Impactograph products and is not modified or revised in any manner, (ii) plainly displays all copyright and other proprietary notices, in the same form and manner as on the original and (iii) displays a statement that the Materials are used solely with permission of Impactograph. The intent is that any information displayed on the Website is proprietary to Seller (Impactograph) and for the express purpose of exclusively assisting our Users and Buyers to acquire Sellers products and services as outlined on the Website.
Impactograph’s trademarks and service marks may be used publicly only with written permission from Impactograph. For a current list of Impactograph’s trademarks and service marks, as well as trademarks licensed to Impactograph by third parties, please contact Impactograph via the “Contact” section on this website. All other trademarks, brands, and names are the property of their respective owners.
Except as expressly granted in this section (or to you specifically in writing), Impactograph and its suppliers do not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information.
Impactograph expressly reserves the right to terminate the use of, or to refuse to permit the use of, the Website by any person or entity, at the sole discretion of Impactograph, for any reason and without notice.
Impactograph recognizes that when you choose to provide us with information about yourself, you trust us to act in a responsible manner. That’s why we have put in place a Privacy Statement to protect your personal information. You should review this document before providing any personal data on the Impactograph.com site. Please read our Privacy Statement.
Links to Third Parties
The Website may provide links to the websites of others (“Third-Party Sites”). Links to such Third-Party Sites do not constitute an endorsement by Impactograph of such Sites, or the products, content, materials or information presented or made available by such Sites. User acknowledges and agrees that Impactograph is not responsible for any damages or losses caused or alleged to have been caused by the use of any Third-Party Sites, or from the products, content, material, services or information presented by or made available through such Sites.
Downloading Information and Material
User hereby releases Impactograph, its affiliates and subsidiaries, and their respective directors, officers, employees, agents, shareholders, partners, successors and assigns from any and all actual or alleged damages which may result from User downloading any information or materials from the Website.
Choice of Law – Consent to Jurisdiction
This Agreement, and all questions with respect to the interpretation of this Agreement, shall be governed by and construed in accordance with the internal laws of the State of California, without regard for conflict of law’s provisions. User expressly consents to personal and exclusive jurisdiction in the courts of the State of California.
User will defend, indemnify and hold harmless Impactograph, its affiliates and subsidiaries, and their respective directors, officers, employees, agents, shareholders, partners, successors and assigns (collectively, “Indemnified Parties”), from and against any claim, loss, damage, liabilities, judgments, fees and expenses related thereto (including, without limitation, reasonable attorney’s fees) incurred by any of the Indemnified Parties arising from or related to: (1) the use Website by User, (2) any breach or violation of these Terms and Conditions by User and (3) any breach of any of User’s representations, warranties and covenants.
Disclaimer of Warranties
The website, including all content, functions, materials, services and information made available on or accessed through the website, are provided on an “as is,” basis without representations or warranties of any kind whatsoever, express or implied, including without limitation, non-infringement, merchantability or fitness for a particular purpose. Impactograph does not warrant that the functions, features or content contained made available on or accessed through the website, including without limitation any third-party software, products or other materials used in connection with the website, will be timely, secure, uninterrupted or error free, or that defects will be corrected. Impactograph makes no warranty that the website will meet user’s requirements. If the User is dissatisfied with the website, User’s sole remedy is to discontinue using the website.
Limitation of Liability
The materials accessible from or on this website are provided “as is,” and Impactograph expressly disclaims any implied or express warranties or conditions of any kind. Although Impactograph has attempted to provide accurate information on this Website as a service to its Users and Buyers, Impactograph assumes no responsibility for, and makes no representations with respect to, the accuracy of the information. Impactograph may change the programs or products mentioned at any time without notice. Mention of non-Impactograph products or services is for information purposes only and constitutes neither an endorsement nor a recommendation.
Terms and Conditions of Sale
Quotations are provided to Buyer from Seller based on product and quantity of product requested. All orders by Buyer are subject to acceptance by Seller and acceptance of an order is expressly limited to the conditions contained in the quotation. Any additional or different terms and conditions contained in a Buyer’s order or other response e.g., a Purchase Order or Sales Acknowledgement) shall be objected to by Seller and shall be of no effect nor in any circumstances binding upon Seller unless expressly agreed otherwise in writing by the Seller. Quotation for product by Seller open for acceptance when no period is stated, is for 30 days from the date of Seller’s quotation. By placing an order for products from Impactograph, buyer is accepting and agreeing to these terms and conditions. Buyer represents and warrants that Buyer has the right, authority, and capacity to accept and agree to these terms and conditions.
Terms of payment shall be as specified in the quotation and, unless otherwise agreed, payment shall be made within 30 days from the date of invoice. No discounts shall be provided for payments earlier than 30 days. Late payments shall accrue interest at the rate of one and one half percent (1.5%) per month, or the highest interest rate allowable by applicable law, whichever is lower. Buyer shall pay all of Seller’s costs and expenses (including reasonable collection agency and attorney’s fees) to enforce and preserve Seller’s right to collect all amounts payable by Buyer to Seller. In addition, in the event that Buyer becomes delinquent in the payment of any sum due to Seller, Seller shall have the right to suspend performance under any order until such delinquency is corrected. Partial shipments made under any order shall be treated as a separate transaction and payment thereof shall be made accordingly. In the event of any default by Buyer, Seller may decline to make further shipments without in any way affecting its rights under such order or any other orders or agreements between Seller and Buyer.
Delivery and Acceptance of Product
The delivery terms of equipment purchased will be included in Impactograph’s offer. Insurance for equipment shipped to Buyer, and the cost and risk of loss incurred during shipment, shall be at Buyer’s sole expense and risk. Acceptance of product by Buyer will be signature of the recipient that indicates cessation of responsibility of Seller and transport company and acceptance of Buyer.
Product Warranty Return
Seller warrants to Buyer that any equipment or goods sold will be free from defects in material or workmanship for a period of one hundred eighty (180) days from the date of shipment. If during the warranty period, Buyer notifies the Seller of a defect, the Seller shall, at its option, repair or replace the defective material or workmanship. Buyer is required to contact Impactograph customer service to request the RMA number prior to returning product. No return for any reason will be accepted without a pre-issued RMA number. Buyer shall bear the cost of freight to the Seller’s plant and Seller will bear the cost of freight to return any such product. If materials have been added to the goods or if any part has been modified by Buyer without the consent or knowledge of the Seller or if the equipment’s designed purpose is changed during the warranty period, or if the equipment or goods have been misused or negligently operated or maintained by Buyer or if goods have been damaged, then this warranty is void, and Seller is released from all liability and responsibility under these terms of sale.
Impactograph’s data services gather data from equipment, processes that data and makes it available to customers through Impactograph’s proprietary software on computer hardware through the Internet. Impactograph uses cellular telecommunications service so Impactograph can provide the data to customer. The Buyer is not a purchaser of cellular telecommunications service, and Buyer acknowledges that Buyer has no contractual relationship or right with respect to any carrier providing telecommunications services. Any attempt by Buyer to connect the services to any non-approved data source that threatens the security and functionality of the service is a violation of the terms.
Access to data
Impactograph will provide Buyer access to the service on a non-exclusive, revocable basis, for use solely for Buyer’s internal business purposes. Buyer is fully responsible for all use of services through its access credentials.
Intellectual property rights
All title and intellectual property rights in and to the data services are owned or licensed by Impactograph. Buyer has no rights to any such intellectual property except for the limited rights expressly granted herein. Buyer agrees that he will not reverse engineer any Impactograph product or service.
Data Use and Support
• All rights, including rights of use, not specifically granted under this Agreement are reserved by Impactograph. Buyer shall not resell data or information content, in any derivative work or application, accessible to anyone not directly employed by Buyer.
• Buyer will not use the services or data SIM card for any other purpose than what it is intended for the transmission of mission data from the device. In addition, Buyer agrees not to use the service in connection with the transmission or delivery of any defamatory, offensive, or illegal products, services or materials. Buyer agrees not to attempt to gain unauthorized access to any systems or data, or engage in any type of denial of service or other cyberattack on Impactograph’s systems or violate local, state, federal or equivalent privacy or other regulations.
• Impactograph will make reasonable efforts to maximize the availability of its web portal however, Buyer acknowledges that system maintenance and backups, as well as server and network malfunctions, may and do occur and Impactograph will not be liable to Buyer for outages and service issues that occur despite Impactograph’s reasonable efforts, regardless of whether the causes of those outages were within Impactograph’s actual or theoretical control.
• Impactograph will provide reasonable technical support to Buyer, which is limited to and consists of general instructions for getting users started and connected with the Impactograph data portal. Impactograph assumes no responsibility to provide support for Buyer’s applications or for Internet access issues or other issues not under Buyer’s direct control.
Term of Data Service
The duration of all new services shall be a minimum term of twelve (12) months and shall automatically renew from for such period until or unless either party gives notice to the other. Impactograph reserves the right to change rates and term duration at the end of any minimum term.
Unless otherwise agreed by the parties in writing, service fees shall be specified in each order. Fees for renewal terms may be adjusted by Impactograph for any subsequent term.
Data Service Suspension
Impactograph may, at its discretion and after written notice and without refund, suspend or disconnect Buyer’s device(s) from the service if there is a breach of any of Buyer’s obligations hereunder or reasonable cause to suspect fraudulent use or nonpayment for service. If Buyer breaches any of its undertakings under these Terms and Conditions of if Buyer is using the services in a fraudulent, abusive or improper manner; unless the reason for such suspension or disconnection is cured to the reasonable satisfaction of Impactograph within thirty (30) days of such notice.
To Impactograph: To be valid, notices must be sent by email (info@IOGproducts.com) and by certified mail, return receipt requested, to IOG Products LLC, Attention: Legal Department, 1025 N Brand Blvd. Suite 100, Glendale, CA 91202. Notices to Impactograph shall be deemed to have been given three days after the date of mailing by certified mail, return receipt requested.
To User: Notices to User will be sent by email at the email address reflected in User’s registration information. Notices to User shall be deemed to have been received 24 hours after the email is sent.
If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement and the remainder of this Agreement shall continue in full force and effect.
The failure of Impactograph to exercise or enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision.
Revised February 7, 2018