Channel Intelligence, Inc. (“Channel Intelligence”) provides services to you subject to the following Terms of Service. If you visit or use a service of Channel Intelligence, you accept these terms. Please read them carefully.
Representations, Warranties and Covenants
User represents and warrants that use of this site will comply with all applicable governmental laws and regulations. Channel Intelligence Inc. and its affiliates, suppliers, and business partners make no representations about the suitability, accuracy, currency, or completeness of the information contained in the documents or of any graphics, content, or services published or offered on this site for any purpose. All such documents, graphics, content and services are provided “As-Is” without warranty of any kind. Channel Intelligence and its affiliates, suppliers and business partners hereby disclaim all warranties and conditions with regard to the documents, any information contained therein, any content, and the services, features, functionalities, and availability of the Channel Intelligence web sites, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.
To the fullest extent permissible, Channel Intelligence disclaims all warranties expressed or implied, including, but not limited to, implied warranties of merchantability, performance, and fitness for a particular purpose, in relation to the web sites, its use and the results of such use. Without limiting the foregoing, Channel Intelligence specifically disclaims any warranty (A) that the web sites and services will be uninterrupted or error-free, (B) that defects will be corrected, (C) that there are no viruses or other harmful components, (D) that the security methods employed will be sufficient or (E) regarding correctness, accuracy, completeness, availability, or reliability of the information contained on Channel Intelligence web sites and services.
While every reasonable attempt has been made to check on the validity of the availability, location, product and pricing information provided, we cannot guarantee that the information provided is without error. Stock status reported is an accurate representation of the dealer information as of the date and time shown. “Yes” stock status does not guarantee availability, please check directly with the stores listed. Company logos, product and service names may be trademarks or service marks of the respective companies.
Limitation of Liability
Channel Intelligence shall not be liable for (i) any indirect, special, punitive, incidental or consequential damages of any character arising out of or in relation to these web sites and services, including, without limitation, damages for loss of goodwill, any lost profits, business interruption, loss of programs or other data, even if Channel Intelligence has been advised of the possibility of such damages, or (ii) any claim or damages attributable to errors, omissions, or other inaccuracies in the Channel Intelligence web sites or any Channel Intelligence service. Channel Intelligence’s sole obligation, and user’s exclusive remedy, for any action or claim by user under this agreement shall be limited to user’s termination of the use of those site and services. The limitations set forth in this section shall apply even if any other remedies fail of their essential purpose.
User shall indemnify Channel Intelligence, its officers, directors, employees, partners and agents from and against all damages, costs, expenses (including reasonable attorneys’ fees), claims and liabilities arising out use of this site. The party claiming indemnification under this Section (the “Claimant”) shall notify the indemnifying party as soon as practicable in writing of any demand, action, arbitration, investigation or other proceeding brought or threatened to be brought against the Claimant. The indemnifying party shall defend such claim, and pay all costs and expense of such defense, including attorneys’ fees, and any liability resulting there from. The indemnifying party shall be entitled to exercise exclusive control over any such defense and all negotiations for its settlement or compromise. No settlement or compromise that adversely affects the rights or obligations of the Claimant shall be binding on the Claimant without its written consent.
These Terms of Service will be governed by and construed in accordance with the laws of the State of Florida, without giving effect to its conflict of laws provisions or User’s actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect. These Terms of Service and our End User License Agreements between the parties with respect to the subject matter hereof supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service and the End User License Agreements will be effective only if in writing and signed by Channel Intelligence.
Licenses and Reservation of Rights
Without conveying any right, title or interest, Channel Intelligence agrees that User may make accurate informational references to Channel Intelligence’s trade names, trademarks or service marks (collectively, “Marks”) and white papers, press releases, datasheets and FAQ’s (collectively “Documents”) in connection with the use of this site. User shall not and shall not allow others to exceed it’s scope of use and access to the Channel Intelligence services, shall not harm or jeopardize Channel Intelligence’s services, website or proprietary software, and shall not reverse engineer, decompile, or otherwise attempt to discern proprietary information embodied in Channel Intelligence’s websites, software, or services. Subject to the limited license granted hereunder, Channel Intelligence hereto reserves all of its right, title and interest in its intellectual property rights, including trademarks, patents, copyrights, trade secrets and other intellectual property rights. Document use is granted provided that: (1) the copyright notice contained below appears on all copies of Documents along with the phrase “Reproduced by Permission”, (2) Documents from this site are used solely for informational, non-commercial, internal and personal use, and in no event for redistribution in whole or in part or for combination with other commercial goods or services, and (3) Documents are not modified or edited in any manner whatsoever. Any use of Documents for purposes other than those listed herein is expressly prohibited by Channel Intelligence and by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Digital Millennium Copyright Act Policy
We allow third-party companies to collect certain anonymous information when you visit our website. These companies may use non-personally identifiable information during your visits to this and other websites in order to provide advertisements about goods and services likely to be of greater interest to you. These companies typically use a cookie or a third party web beacon to collect this information. To learn more about this behavioral advertising practice, including your choice options, you can visit www.networkadvertising.org.”
Channel Intelligence, CDI, SellPath, SellCast, SellCore, Product Links, Product Pinpointer, Product Links Coverage Reports, Product Pinpointer Coverage Reports, Store Locator, VAR Pinpointer, MyList, Dealer Links, Bundle Links, Associate Links, TrueTag, Channel Reports, Channel BuyLinks, BrandPath, You Know Best, CommerceIQ, AttributeIQ, CateoryIQ, KeywordIQ, FeedIQ, ImageIQ, ItemNameIQ, TaxonomyIQ, UnificationIQ, UPCIQ and ModelIQ are trademarks and service marks of Channel Intelligence. All other company, product, and brand names or logos are trademarks or service marks of their respective owners. Any rights not expressly granted herein are reserved by Channel Intelligence.
Copyright © 1999-2011 Channel Intelligence, Inc.
*Channel Intelligence is the owner of U.S. Patent No. 6,917,941 entitled, “Method and Apparatus for Creation and Maintenance of Database Structure.”