Terms of Use

Updated May, 2004

INACOM WEB SITE TERMS AND CONDITIONS OF USE

INTRODUCTION

Thank you for visiting Inacom Information Systems' ("we" or "us") web site located http://www.inacom.com (the "Web Site"). This page sets out the terms and conditions ("Terms and Conditions") which will govern your use of the Web Site and compliance with these rules is a condition to your use of the Web Site. We reserve the right to modify these Terms and Conditions. Accordingly, please review this page often. We will give notice of changes to the Terms and Conditions by posting the revised Terms and Conditions on this Web Site, together with the date the Terms and Conditions were last updated. Modifications will be effective immediately upon posting. Your continued use of this Web Site indicates your agreement to be bound by the modified Terms and Conditions. If you do not agree to be bound by the Terms and Conditions, promptly exit this Web Site. If you have any questions regarding these Terms and Conditions, please email your questions to webmaster@inacom.com.

SECTION A - USER INFORMATION

A. User Information

By using this Web Site, (1) you represent and agree that you are bound by these Terms and Conditions; and (2) you have read our Privacy Policy and consent to the use of your personal information by us and others in accordance with the terms of and for the purposes set forth in our Privacy Policy.

SECTION B - OWNERSHIP AND COPYRIGHT

B. Ownership and Copyright

All pages within this Web Site and any material made available for download are our property, or our subsidiaries, affiliates, vendor and/or licensors. The Web Site is protected by United States and international copyright and trademark laws.

The contents of the Web Site, including without limitation the text, images, audio, and video, and any materials accessed through or made available for use or download through this site are copyrighted and may not be copied, distributed, modified, reproduced, published or used, in whole or in part, without our prior written consent. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).

For purposes of these Terms and Conditions, any use of these materials on any other Web site is prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Web Site. The posting of information or materials on the Web Site does not constitute a waiver of any right in such information and materials. All software used on this Web Site is our property or our software suppliers and protected by United States and international copyright laws.

SECTION C - LICENSE; RESTRICTIONS ON USE

C. License; Restrictions on Use

We hereby grant you a nonexclusive license to use the Web Site solely for your personal use. This license does not include any resale or commercial use of this Web Site or its contents; any collection and use of any product or service listings, descriptions, or any prices; any derivative use of this Web Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or other data gathering and extraction tools. You may not frame or utilize framing techniques to use, surround or enclose any of our names, trademarks, service marks, logo, or other proprietary information (including; images, text, page layout, or form) without our express written consent. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without our express written consent.

As a condition of your use of this Web site, you warrant to us that you will not use the Web Site for any purpose that is unlawful or prohibited by these Terms and Conditions. If you breach any of these Terms and Conditions, your authorization to use this Web Site automatically terminates and you must immediately destroy any downloaded or printed materials. Any rights not expressly granted by these Terms and Conditions are reserved by us.

SECTION D - TRADEMARK NOTICE

D. Trademark Notice

Inacom® is a registered trademark owned by us and/ or our subsidiaries or affiliates. Our trademarks may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits us. All other trademarks and logos used in this Web Site are the trademarks, service marks or logos of their respective owners. We do not make any claims to the marks of others which might appear on the Web Site. You gain no right to use any of our marks or any other entity by virtue of your use of this Web Site.

SECTION E - CONFIDENTIAL AND PROPRIETARY INFORMATION/VISITOR SUBMISSIONS

E. Confidential and Proprietary Information/Visitor Submissions

Please refer to our Privacy Policy for an explanation of how we collect, maintain and use information from visitors to and users of our Web Site. By accessing, using or browsing this Web Site, you acknowledge and understand that you have read, understand, and agree to be bound by our Privacy Policy. If you do not agree with our Privacy Policy, do not use this Web Site. All remarks, suggestions, ideas, graphics, or other information communicated to us through our Web Site (collectively, the "Submission") will forever be our property. We will not be required to treat any Submission as confidential, and will not be liable for any ideas for our business (including without limitation, product or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future products or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Submissions of every kind and nature, everywhere. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

You agree not to try to access and not to access any information through the Web Site which does not pertain to you and which you are not properly authorized to receive. You agree that if you should access information about another individual or entity, or otherwise receive information you are not authorized to receive, or if you become aware that someone else has accessed or attempted to access information that person was not authorized to receive, you will immediately cease such unauthorized access, notify us of the unauthorized access, and assist us in identifying and correcting the circumstances which permitted such unauthorized access. You will keep confidential all information you receive concerning another individual or entity confidential, shall not use such information, shall return such information to us immediately, shall not transmit it to any other person or entity and shall not return it in any electronic or other form.

SECTION F - SECURITY

F. Security

You may be required to enter a valid User I.D. and password ("Access Codes") to access certain areas of the Web Site or to purchase products or services. It is your sole responsibility to monitor and control use of these Access Codes for all purposes. You accept all responsibility for the security of your Access Codes, and utilization of the Web Site via the Access Codes. You agree that you shall be solely liable for all authorized and unauthorized access using the Access Codes. Do not disclose your Access Codes to anyone not authorized to act on your behalf. We cannot and will not be liable for any loss or damage arising from your failure to comply with this Section F.

SECTION G - FORWARD LOOKING STATEMENTS

G. Forward-Looking Statements

The Web Site may contain forward-looking statements regarding our business, customers, partners, future products and services or other factors that may affect future earnings or financial results. Such statements involve risks and uncertainties, which could cause actual results to vary materially from those, expressed in or indicated by the forward-looking statements. Examples of these risks include delays in development, competitive service and product offerings, and lack of market acceptance.

SECTION H - DISCLAIMER OF WARRANTIES

H. Disclaimer of Warranties

1. WE DO NOT WARRANT THAT THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE WEB SITE WILL BE CORRECTED. THIS WEB SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT, AND ANY WEB SITE-RELATED SERVICES, ARE PROVIDED "AS IS," WITH ALL FAULTS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
2. WE SPECIFICALLY DISCLAIM ALL LIABILITY FOR ERRORS OR OMISSIONS IN, OR THE MISUSE OR MISINTERPRETATION OF, ANY INFORMATION OBTAINED THROUGH THE WEB SITE. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE WEB SITE.
3. WE DO NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY. YOU AGREE THAT WE SHALL NOT BE LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OF INDIRECTLY FROM ANY SUCH CODE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEB SITE AND OF THE INTERNET.
4. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS WEB SITE, ANY WEB SITE-RELATED SERVICES, AND HYPERLINKED WEB SITES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

SECTION I - LIMITATION OF LIABILITY REGARDING USE OF WEB SITE

I. Limitation of Liability From Use of Web Site

1. WE AND OUR SUBSIDIARIES, AFFILIATES, VENDORS AND/OR LICENSORS AND OTHER THIRD PARTIES MENTIONED ON THIS WEB SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE WEB SITE, WEB SITE-RELATED SERVICE, CONTENT OR INFORMATION CONTAINED WITHIN THE WEB SITE, AND/OR ANY HYPERLINKED WEB SITE. THIS LIMITATION APPLES (A) WHETHER THE ALLEGED CLAIMS OR DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND (B) REGARDLESS OF WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
2. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEB SITE, WEB SITE-RELATED SERVICES, AND/OR HYPERLINKED WEB SITES IS TO STOP USING THE WEB SITE AND/OR THOSE SERVICES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

SECTION J - ACCURACY AND INTEGRITY OF INFORMATION

J. Accuracy and Integrity of Information

Although we attempt to ensure the integrity and accurateness of the Web Site, we make no guarantees whatsoever as to the correctness or accuracy of the Web Site. It is possible that the Web Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Web Site by third parties. In the event that an inaccuracy arises, please inform us so that it can be corrected. Information contained on the Web Site may be changed or updated without notice.

SECTION K - VISITOR/MEMBER CHAT ROOMS AND OTHER INTERACTIVE AREAS

K. Visitor/Member Chat Rooms and Other Interactive Areas

You may post comments, and other content, submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form or spam. You many not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the content.

We reserve the right, but are not obligated to, monitor or review any areas of the Web Site where visitors or users transmit or post Communications or communicate solely with each other, including, but not limited to, chat rooms, bulletin boards, and other user forums, and the content of any such Communications. We, however, will have no liability related to the content of any such Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We retain the right to remove, in our sole discretion, communications that include any material deemed abusive, defamatory, obscene, or otherwise inappropriate. The maker of any such material agrees to indemnify and hold us harmless from and against any claim or suit, including damages, costs and attorney fees, brought by any governmental agency or third party as a result of the making of such material.

SECTION L - LINKS OR POINTERS TO OTHER WEB SITES

L. Links or Pointers to Other Web Sites

We make no representations whatsoever about any other Web site that you may access through this Web Site. When you access another site, please understand that it is independent from us, and that we have no control over the content on that Web site. In addition, a hyperlink to another site does not mean that we endorse or accept any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party sites linked to this Web Site, you do this entirely at your own risk.

SECTION M - TERMINATION

M. Termination

We reserve the right, in our sole discretion, to terminate your access to all or part of this Web Site, with or without cause, and with or without notice.

SECTION N - STATUTE OF LIMITATIONS

N. Statute of Limitations

Any cause of action brought by you against us or our affiliated parties must be instituted within one (1) year after the cause of action arises or be deemed forever waived and barred.

SECTION O - CHOICE OF LAW AND VENUE

O. Choice of Law and Venue

This Web Site is controlled by us from our offices within the state of Wisconsin, of the United States of America. It can be accessed from all fifty states, as well as from other countries around the world. Each of these places has laws that may differ from those of Wisconsin. By accessing this Web Site, both you and we agree that the statutes and laws of the state of Wisconsin will apply to all matters related to these Terms and Conditions and the use of the Web Site, without regard to conflicts of laws or principles thereof. Each party also agrees and hereby submits to the exclusive personal jurisdiction and venue of the state and federal courts sitting in Dane County, Wisconsin, and waives any jurisdictional, venue or inconvenient form of objections to such courts.

We make no representation that materials on the Web Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Web Site from other locations do so on their own initiative and are responsible for compliance with local laws.

SECTION P - SEVERABILITY

P. Severability

In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect.

SECTION Q - ENTIRE AGREEMENT

Q. Entire Agreement

These Terms and Conditions constitute the entire agreement between us and you pertaining to the subject matter hereof. In our sole discretion, we may from time-to-time revise these Terms and Conditions by updating this posting. You should, therefore, periodically visit this page to review the current Terms and Conditions, so you are aware of any such revisions to which you are bound. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages within this Web Site.