TERMS OF USE

IMRE, LLC, for itself, and on behalf of its subsidiaries and affiliated companies (collectively, “IMRE”), maintains this website located at www.IMRE.com and its associated and/or successor websites, microsites, webpages, content and other materials (collectively the “Site”) to provide to its customers (“You” or “Your”) information about IMRE, its products and industry, to enable You to interact with IMRE customers and other Site visitors in connection with creative projects and ideas and generally to assist You in communicating with IMRE. Your access to and use of the Site is subject to these Terms of Use and all applicable laws. You must accept and abide by these Terms of Use as presented to You. No change, addition or modification is acceptable. If You do not agree to all the terms as presented, You may not access, view or use the Site or any Licensed Content (as hereinafter defined). By accessing, commenting through blog sites made available by IMRE, registering on or otherwise using the Site or any of its Licensed Content, You agree, without limitation or qualification, to be bound by these Terms of Use whether or not You have read them.

1. Generally

You are free to browse the Site to learn more about IMRE, its vision and services, submit questions with respect to services and participate in any blogs, communities or other services (although certain of these activities require You to register). This and all other material posted on the Site or otherwise approved by IMRE (collectively, “Licensed Content”) is licensed to You for the sole and limited purposes set forth in the Site and these Terms of Use. You may view and print portions of the Licensed Content for Your own internal use but not for resale or other commercial exploitation and not for use other than as provided in these Terms of Use. Any other use of Licensed Content without IMRE’s prior written approval is strictly prohibited.

2. Industry and Other Technical Information

While IMRE uses commercially reasonable efforts to provide accurate information, the industry of which IMRE is a part and the laws and regulations applicable to that industry change frequently. Therefore information contained on the Site may not be current or accurate. Because many factors go into the decision-making process of embarking on a new strategy, marketing campaign or engaging related services, and everyone’s particular circumstances and needs may differ, the Licensed Content is provided for informational purposes only. IMRE cannot ensure or guarantee and does not warrant that any information or material located on the Site will be accurate, meet Your (or Your customer’s) particular needs or requirements or that the recommendations, regulations or other information provided by IMRE experts or other Site users is complete, accurate or current. Each claim or statement made by IMRE about the effectiveness of its services and/or comparing the effectiveness of IMRE services to that of others and all use of the Site is expressly limited to the United States unless otherwise stated on the Site.

3. User Conduct

In general, IMRE expects visitors to interact with IMRE and other users of the Site in a courteous manner and in compliance with all laws. However, certain more interactive portions of the Site, such as blogs require special mention. The IMRE blog sites enable You to comment on and share creative ideas (collectively Your “Communications”). You must be the sole author and owner of Your Communications. If Your Communications include material authored by another, it must be insubstantial in relation to the author’s work as a whole. Regardless, You must give proper attribution to the author and use quotation marks around the author’s material. If possible, include a link directly to the author’s primary material. Your Communications may not include paragraphs of an author’s work unless You have first obtained the author’s written consent to your use thereof. If uncertain about your authorization to include works of others in Your Communications, err on the side of caution and first obtain consent. The foregoing is not intended to provide and should not be considered legal advice to You with respect to Your inclusion of works of others in Your Communications. You are solely responsible for understanding and complying with United States and international copyright laws and IMRE has no obligation to review or investigate the origin, application or use of material contained within Your Communications.

Vandalism, obscene or abusive language, harassment, threats, or abuse of any nature or form on the Site, including via e-mail, post, comment or other means is strictly prohibited. Impersonation of others or misrepresenting Your affiliation with IMRE or another is prohibited. You may not upload to, distribute or otherwise publish through the Site any material that You know is false, misleading, defamatory, vulgar, obscene, threatening, libelous, invasive of another’s privacy or publicity rights, hateful, racially or ethnically objectionable, contains viruses or malicious code, infringes upon another’s proprietary rights, or which may constitute or encourage a criminal offense, violate any law or another’s rights or otherwise give rise to liability.

You agree not to forge headers or otherwise manipulate identifiers in order to disguise the origin of anything transmitted through the Site, disclose proprietary or confidential information or otherwise infringe another’s patent, trademark, trade secret, copyright or other proprietary right (“Rights”). You may not upload chain letters, pyramid schemes, solicitations, or commercial material of any sort to the Site, use the Site to solicit others, advertise or promote anything. Framing, in line linking or other means of associating the Site, Marks (as hereinafter defined) or Licensed Content with another or with any material, link or information not originating with IMRE is expressly prohibited.

Any attempt to interfere with or disrupt the Site, its servers, networks, Software, equipment or database connected to the Site, whether via malicious code, files or other means, or attempts to disassemble, reverse engineer or decompile any Software, circumvent security features such as passwords, or take any action that compromises the privacy or security of the Site, users or other visitors is strictly prohibited.

You are solely responsible for Your Communications and Your activities on the Site. Although IMRE will not, and has no obligation to, monitor Your Communications, it has the right not to post or publish Licensed Content and/or Your Communications and to delete, remove or edit any Licensed Content and or Communications at any time in its sole discretion without notice or liability of any notice or sort. Under no circumstances is or will IMRE or its affiliates be liable in any way for any Communications, Your or another’s use of the Site or any Licensed Content, including but not limited to any errors or omissions in any Licensed Content, or for loss or damage of any kind incurred as a result of the use of any Licensed Content via the Site. Product performance, capability or other claims made through the public forums provided on the Site have not undergone review, testing, or research by IMRE to substantiate such claims. IMRE cautions You not to use products for any purpose or in any manner other than as expressly set forth in the manufacturer’s warranty and product user manual.

4. Indemnity

You agree to indemnify, defend, release and hold IMRE, its officers, directors, suppliers, service providers, co-branders or other partners, agents and employees, and those of its affiliates, harmless from all claims, demand, damages, fees and costs of any nature, including reasonable fees of attorneys and other professionals, due to or arising out of Your Communications and/or anything You submit, transmit through or upload to the Site, Your use of the Site, Your connection to the Site, Your violation of these Terms of Use, or Your violation of any Rights. In the event You provide registration or other information that is untrue, inaccurate, fraudulent, or out of date, You agree to indemnify IMRE for and hold it harmless from and against any and all liability, damages, loss or expense (including reasonable fees of attorneys and other professionals) it may incur, including but not limited to loss of business profits, taxes, penalties or sanctions, interest, fees, costs and expenses of any nature arising from or related to any claim, demand, action or proceeding alleged or initiated against IMRE by any third party based upon the information You provide or Your use of the Site.

5. Modifications to the Site and these Terms of Use

From time to time IMRE may change the Licensed Content, the services offered, disable certain features of the Site or expand the Site’s capability. IMRE also reserves the right at any time and from time to time to modify these Terms of Use, the Site and/or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You are responsible for regularly reviewing these Terms of Use.

6. Termination

IMRE, in its sole discretion, may suspend or terminate Your access or use for any reason, but especially if IMRE believes that You have violated or acted inconsistently with the letter or spirit of these Terms of Use. IMRE may also in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. You agree that any suspension or termination may be effected without prior notice, and acknowledge and agree that IMRE may immediately bar further access to the Site. IMRE shall not be liable to You or any third party for any suspension or termination of Your access to or use of the Site.

7. Links

The Site may contain links to other internet websites or resources. When You link to those sites, You leave the Site. IMRE has no control over such sites, their content and resources or the business practices or policies of operators of such sites. Please use caution and review the privacy policies of any sites that You visit to learn more about their information-gathering practices as those policies will apply to You. IMRE expressly disclaims all responsibility or liability for the availability or accuracy of such external sites or resources or the content thereon, does not endorse and is not responsible or liable for any advertising, products or other materials on or available from such sites or resources. The inclusion of any link on the Site does not imply that IMRE endorses the linked site. Your use of any links is at Your own risk. You further acknowledge and agree that IMRE shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with Your use of or reliance on any goods, services or materials available on or through any such link, site or resource.

8. IMRE’s Proprietary Rights

Everything You see or read on the Site, including the collection, compilation, assembly and arrangement of Licensed Content, is protected by all United States and international copyright and trademark laws, and may not be used except as provided in these Terms of Use without IMRE’s express written permission. The Site and any necessary software used in connection with the Site (“Software”), the collection, compilation, assembly and arrangement of Licensed Content, all images, photography, graphics, artwork, text, and other information and material found on the Site, regardless of source, all Marks and other intellectual property relating thereto and all information and data collected through the Site (all of which are included in and as the “Licensed Content”), is owned by IMRE, its customers, suppliers or partners, is used under license granted to IMRE and contains proprietary and confidential information that is protected by all applicable intellectual property and other laws. All trademarks, logos, trade names, trade dress, product and service marks, individually or combined with one another (collectively the “Marks”) and whether or not registered, are proprietary to IMRE or other third party owners who have granted IMRE the right and license to use its marks (“Third Party Marks”). You may not use or display the Marks or Third Party Marks in any manner without the prior written consent of the applicable owner. This includes use of the Site address or Marks in page text, as key words, meta tags or any other “hidden text.” Other product or service names, logos, graphics, page headers, button icons and scripts are trademarks or trade dress of IMRE and may not be used in connection with any other product or service in any manner, but especially not in a manner that is likely to cause confusion in the marketplace or in any matter that disparages or discredits IMRE or its affiliated companies. You recognize and acknowledge that Your submission of any suggestions, ideas, images, sounds, enhancements, data or other material is done on a non-confidential, non-proprietary basis, without expectation of compensation or attribution of any sort. IMRE may use any such material in any manner for any reason without Your consent, fee or obligation to account to You in any way, and, unless You and IMRE agree otherwise in writing, IMRE is and shall be the sole and exclusive owner.

9. Notices and Procedures for Making Claims of Copyright Infringement

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to IMRE at the address provided below.

IMRE respects the intellectual property of others, and asks its users and visitors to do the same. IMRE will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, IMRE will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.

If You believe that Your work has been copied in any way that constitutes copyright infringement, please provide all of the following information:

(a) a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;

(b) a description of the copyrighted work that You claim has been infringed;

(c) a description of where the material that You claim is infringing is located on the Site;

(d) Your address, telephone number, and email address and all other information reasonably sufficient to permit IMRE to contact You;

(e) a statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

(f) a statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notices of claimed copyright infringement should be directed to:

By mail:
IMRE, LLC
210 W Pennsylvania Ave, 7th Fl
Baltimore, Maryland 21204
Attn: IMRE Webmaster

By fax:
410-821-5619

By Email:
webmaster@IMRE.com
(Please include “Notice of Infringement” in the subject line.)

IMPORTANT NOTE: THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING IMRE THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS PRODUCT-RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.

10. DISCLAIMERS AND LIMITATIONS OF LIABILITY

IMRE disclaims all representations or warranties about the accuracy or completeness of the Site or Licensed Content. IMRE does not target or market to and the Site is not intended for use by, children under age 13. IMRE will not intentionally contact or request personal information from children under the age of 13 for any purpose except as may be reasonably necessary to obtain parental consent. IMRE will not contact children under age 13 about promotions, for marketing or any other purpose without a parent’s permission, nor will it ask for more personal information than is reasonably necessary to participate in a given activity. Upon receipt of parental consent, children under the age of 13 may access family accounts. However, the Site does not filter ads or other material children may view through the Site or linked sites, some of which may be inappropriate for children.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(a) YOUR USE OF THE SITE AND ANY PARTICULAR FEATURE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. IMRE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, FREEDOM FROM MALICIOUS CODE, NON-INFRINGEMENT AND NONINTERFERENCE WITH YOUR USE OF ALL OR ANY PART OF THE SITE.

(b) IMRE MAKES NO WARRANTY (i) THAT THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR TIMELY, THAT IT IS SECURE, OR THAT LICENSED CONTENT IS ACCURATE OR ERROR-FREE, (iii) THAT THE RESULTS OBTAINED FROM USE OF THE SITE WILL BE ACCURATE OR RELIABLE, OR (iv) THAT THE QUALITY OF THE SITE, ANY INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR (OR YOUR CUSTOMER’S) EXPECTATIONS.

(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING DAMAGE.

(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM IMRE OR THROUGH OR FROM THE IMRE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE OR OTHERWISE APPLICABLE PURSUANT TO YOUR ENGAGEMENT OF IMRE SERVICES, ALL OF WHICH SHALL BE GOVERNED BY IMRE STANDARD TERMS AND CONDITIONS FOR PROVISION OF SERVICES.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT IMRE SHALL NOT BE LIABLE FOR ANY DAMAGES WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF IMRE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER ARISING OUT OF OR IN CONNECTION WITH THE USE OR THE INABILITY TO USE, ACCURACY OF THE INFORMATION AND MATERIALS SHOWN OR AVAILABLE FROM THE SITE OR ANY OTHER MATTER RELATING TO YOUR ACCESS TO OR USE OF THE SITE. IN ANY CASE, IMRE’S SOLE LIABILITY, AND THAT OF ITS LICENSORS, SUPPLIERS, CUSTOMERS AND BUSINESS PARTNERS, IS LIMITED TO FIVE DOLLARS ($5.00). YOUR LEGAL RIGHTS WITH RESPECT TO THESE DISCLAIMERS AND WAIVERS MAY VARY FROM JURISDICTION TO JURISDICTION. WITHOUT INTENDING TO LIMIT THE FOREGOING, YOU MUST BRING ANY CLAIMS YOU MAY HAVE AGAINST IMRE WITHIN SIX (6) MONTHS OF THE DATE THE CLAIM AROSE OR BE FOREVER BARRED. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

11. Notice/Opt Out Options

Notices to You may be made via either email or regular mail. IMRE may also provide notices of changes to these Terms of Use or other matters by displaying notices or links to notices to You generally on the Site. Notice or other correspondence to IMRE should be sent by certified mail, return receipt requested to:

IMRE, LLC
210 W Pennsylvania Ave, 7th Fl
Baltimore, Maryland 21204
Attn: IMRE Webmaster

Should You wish to update Your information or no longer receive communications from IMRE, please contact webmaster@IMRE.com.

12. Specific Trademark Information

IMREIMREIQ, IMREBuildIQ, IMREFinancialIQ, IMREHealthIQ, IMREHomeIQ, IMRESportsIQ, IMRE IQ, IMRE Build IQ, IMRE Financial IQ, IMRE Health IQ, IMRE Home IQ, and IMRE Sports IQ, and any logos or designs associated therewith, individually and/or as may be combined with one another, are proprietary trademarks of IMRE LLC and its subsidiaries and affiliates. The names and trademarks of IMRE and those of its customers and business partners located on the Site are owned by and proprietary to IMRE and such other entities and may not be used in any manner without consent.

13. General Information

These Terms of Use and any other agreements, whether or not referenced herein, constitute the entire agreement between You and IMRE with regard to and shall govern all purchases. Your activities and use of the Site supersedes any prior agreements between You and IMRE. You also may be subject to additional terms and conditions contained in invoices, purchase orders, or terms and contracts that may apply when You request services, third party content or third party software. These Terms of Use, Your use of the Site and any other agreement with and the relationship between You and IMRE shall be governed by the laws of the State of Maryland without regard to choice of law provisions. You and IMRE agree to submit to the personal and exclusive jurisdiction of the pertinent state or federal courts located within or with jurisdiction over the City of Baltimore, State of Maryland, regardless of the fact that the Site is accessible outside the United States. If You do access the Site outside the United States, Your connection is through and to servers located in the United States. Any personal information You provide will be processed and maintained on IMRE Site servers and/or has other network systems operated by or for IMRE’s benefit located within the United States. Notwithstanding the foregoing, IMRE may seek equitable relief, including preliminary and permanent injunction, in any court of competent jurisdiction to prevent or enjoin misappropriation, misuse, unauthorized disclosure or infringement of any intellectual property rights. Such relief shall be available without the obligation by IMRE to post bond. The failure of IMRE to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, You must file any claim or cause of action arising out of or related to Your use of the Site or the Terms of Use within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.

14. Violations

Please report any violations of the Terms of Use to webmaster@imre.com.