Although we may attempt to notify you when major changes are
made to these Innovation Marketing Systems Terms of Service, you
should periodically review the most up-to-date version (http://www.uchoosenet.com/Terms.aspx).
Innovation Marketing Systems may, in its sole discretion, modify or
revise these Terms of Service and policies at any time, and you
agree to be bound by such modifications or revisions. If you do not
accept and abide by this Agreement, you may not use the Innovation
Marketing Systems service. Nothing in this Agreement shall be
deemed to confer any third-party rights or benefits.
1. What the Contract Covers.
This is a contract between you and Innovation Marketing
Systems Inc., sometimes referred to as "IMS," "we," "us" or "our".
This contract applies to any Innovation Marketing Systems software
or services, including updates, that you use while this contract is
in force. All of the software or services are referred to in this
contract as the "service."
Please note that we do not provide warranties for
the service. The contract also limits our liability. These terms
are in sections 17 and 18, and we ask you to read them
2. When You May Use the
You may start using the service as soon as you have
finished the sign-up process and are granted a password by IMS. No
withdrawal right or other "cooling off" period applies to the
service and you waive any applicable "cooling off" period, except
if the law requires a "cooling off" period despite your waiver and
even when a service starts right away.
3. How You May Use the
In using the service, you will:
- obey the law;
- obey any codes of conduct or other notices we
- keep your service account password secret;
- promptly notify us if you learn of a security breach
related to the service.
4. How You May Not Use the
In using the service, you may not:
- use the service in a way that harms us or our affiliates,
resellers, distributors, and/or vendors (collectively, the "IMS
parties"), or any customer of an IMS party;
- engage in, facilitate, or further unlawful
- use any portion of the service as a destination linked
from any unsolicited bulk messages or unsolicited commercial
- use any unauthorized third party software or service to
access IMS systems or services;
- use any automated process or service to access and/or use
- use any unauthorized means to modify or reroute, or
attempt to modify or reroute, the service;
- damage, disable, overburden, or impair the service (or
the network(s) connected to the service) or interfere with
any authorized user's use and enjoyment of the
5. You Are Responsible For Your Service
Only you may use your service account. For some parts of
the service, we may notify you that you may set up additional
member accounts that are dependent on your account (an "associated
account"). You are responsible for all activity that takes place
with your service account or an associated account.
6. If You Are an Associated Account
If you are the user of an associated account, then the
holder of the service account has full control over your associated
account. This control includes the right to end the service, close
or alter your associated account at any time, and, in some cases,
to request and receive machine and service use information related
to your associated account.
7. If You Pay
7.1 Charges. This section 7
applies in all situations in which you directly pay us. If you pay
a company other than us for the service, then the charges and
billing terms are as stated by the other company. Even if you do
not pay for the service, you may still incur charges incidental to
using the service; for example, charges for Internet
7.2 Payment. When you create
a billing account, you enter your payment method. You must be
authorized to use the payment method. You authorize us to charge
you for the service using your payment method and for any
paid feature of the service for which you choose to sign-up or use
while this contract is in force. We may charge you a
different amount than what you approved. If it is a greater amount,
we will tell you the amount and the date of the charge at least 10
days before we make the charge. Also, we may charge you up to the
amount you have approved, and notify you in advance of the
difference. We may bill you for more than one of your prior billing
7.3 Updates to Your Billing
Account. You must keep all information in
your billing account current, including your billing address and
the expiration date of your credit card. You can access your
billing account at https://billing.uchoosenet.com,
where you can make changes to your billing account. You may change
your payment method at any time. If you tell us to stop using your
payment method, we may cancel your service. Your notice to
us will not affect charges we submit to your billing account before
we reasonably could act on your request.
7.4 Prices and Price Increases.
The price for the service excludes all taxes and phone
charges, unless stated otherwise. You are responsible for any taxes
that you are obligated to pay or that we may collect from you. You
are responsible for all other charges (for example, phone charges).
Currency exchange settlements are based on your agreement with your
payment method provider
7.6 Refund Policies. Unless
otherwise provided by law or in connection with any particular
service offer, all charges are non-refundable, and the costs of any
returns will be at your expense.
7.7 Online Statement; Errors.
We will provide you with an online billing statement. This is
the only billing statement that we provide. Go to https://billing.uchoosenet.com
to view, print or request a paper copy of this statement. If you
request a paper copy, we may charge you a retrieval fee. We will
only provide paper copies for the past 120 days. If we make an
error on your bill, we will correct it promptly after you tell us
and we investigate the charge. You must tell us within 120 days
after an error first appears on your bill. You release us
from all liability and claims of loss resulting from any error that
you do not report to us within 120 days after the error first
appears on your online statement. If you do not tell us
within this time, we will not be required to correct the error. We
can correct billing errors at any time.
7.8 Canceling the Service.
You may cancel the service at any time, with or without
cause. Go to https://billing.uchoosenet.com
to obtain information on canceling your service.
Cancellation of the service by you will not alter your obligation
to pay all charges made to your billing account.
7.9 Late Payments. Except to
the extent prohibited by law, we may assess a late charge if you do
not pay on time. You must pay these late charges when we bill you
for them. The late charge will be the lesser of 1% of the unpaid
amount each month or the maximum rate that is permitted by law. We
may use a third party to collect past due amounts. You must pay for
all reasonable costs we incur to collect any past due amounts.
These costs may include reasonable attorneys' fees and other legal
fees and costs. We may suspend or cancel your service if you fail
to pay in full on time.
8. Your Materials.
You may be able to submit materials for use in connection
with the service. We do not claim ownership of the materials you
post or otherwise provide to us related to the service (called a
"submission"). However, by posting or otherwise providing your
submission, you are granting to the public free permission
- use and display your submission, each in connection with
- publish your name in connection with your submission;
- grant these permissions to other persons.
This section only applies to legally permissible content
and only to the extent that use and publishing of the legally
permissible content does not breach the law. We will not pay you
for your submission. We may refuse to publish, and may remove your
submission from the service at any time. For every submission you
make, you must have all rights necessary for you to grant the
permissions in this section.
In order to operate and provide the service, we collect
certain information about you. We use and protect that information
as described in the http://privacy.uchoosenet.com.
In particular, we may access or disclose information about you,
including the content of your communications, in order to: (a)
comply with the law or respond to lawful requests or legal process;
(b) protect the rights or property of IMS or our customers,
including the enforcement of our agreements or policies governing
your use of the service; or (c) act on a good faith belief that
such access or disclosure is necessary to protect the personal
safety of IMS employees, customers or the public.
We may use technology or other means to protect the
service, protect our customers, or stop you from breaching this
contract. These means may hinder or break your use of the
15. Requirements For Placing
You will be able to place advertisements in or through the
service. We have no obligation to display any part of the
advertising content. With respect to any advertising content you
provide, you promise that:
- all advertising content is accurate, complete and
- you have all necessary rights, power and authority to
publish the advertising content;
- the advertising content, and any web site listed or
linked to from the advertising content:
- complies with all applicable laws and
- does not infringe, misappropriate or otherwise violate
any copyright, patent, trademark, service mark, trade secret or
other intellectual property right of any third party;
- does not breach the rights of any person or entity,
including rights of publicity or privacy, and is not defamatory;
- does not result in consumer fraud (including being false
or misleading), product liability, tort, breach of contract,
injury, damage or harm of any kind to any person or
- you possess documents substantiating all claims, express
and implied, contained within the advertising content.
16. How We May Change the
If we change this contract, then we will
inform you at least 30 days before the change takes
place. If you do not agree to these changes, then you must cancel
and stop using the service before the change takes place. If you do
not stop using the service, then your use of the service will
continue under the changed contract.
17. WE MAKE NO WARRANTY.
We provide the service "as-is," "with all faults"
and "as available." We do not guarantee the accuracy or timeliness
of information available from the service. The IMS
parties give no express warranties, guarantees or conditions. You
may have additional consumer rights under your local laws that this
contract cannot change. We exclude any implied warranties including
those of merchantability, fitness for a particular purpose,
workmanlike effort and non-infringement.
18. LIABILITY LIMITATION.
You can recover from the IMS parties
only direct damages up to an amount equal to your service fee for
one month. You cannot recover any other damages, including
consequential, lost profits, special, indirect, incidental or
This limitation applies to anything related to:
- the service,
- content (including code) on third party Internet sites,
third party programs or third party conduct,
- viruses or other disabling features that affect your
access to or use of the service,
- incompatibility between the service and other services,
software and hardware,
- delays or failures you may have in initiating, conducting
or completing any transmissions or transactions in connection with
the service in an accurate or timely manner, and
- claims for breach of contract, breach of warranty,
guarantee or condition, strict liability, negligence, or other
It also applies even if:
- this remedy does not fully compensate you for any losses,
or fails of its essential purpose; or
- IMS knew or should have known about the possibility of
Some states do not allow the exclusion or
limitation of incidental or consequential damages, so the above
limitations or exclusions may not apply to you. They also may not
apply to you because your province or country may not allow the
exclusion or limitation of incidental, consequential or other
19. Changes to the Service; If We Cancel the
We may change the service or delete features at
any time and for any reason. We may cancel or
suspend your service at any time. Our cancellation or suspension
may be without cause and/or without notice. Upon service
cancellation, your right to use the service stops right away.
Once the service is cancelled or suspended, any data you
have stored on the service may not be retrieved later. Our
cancellation of the service will not alter your obligation to pay
all charges made to your billing account. If we cancel the service
in its entirety without cause, then we will refund to you on a
pro-rata basis the amount of payments that you have made
corresponding to the portion of your service remaining right before
20. Interpreting the Contract.
All parts of this contract apply to the maximum
extent permitted by law. A court may hold
that we cannot enforce a part of this contract as written. If this
happens, then you and we will replace that part with terms that
most closely match the intent of the part that we cannot enforce.
The rest of this contract will not change. This is the entire
contract between you and us regarding your use of the service. It
supersedes any prior contract or statements regarding your use of
the service. If you have confidentiality obligations related to the
service, those obligations remain in force (for example, you may
have been a beta tester). The section titles in the contract do not
limit the other terms of this contract.
We may assign this contract, in whole or in part, at any
time with or without notice to you. You may not assign this
contract, or any part of it, to any other person. Any attempt by
you to do so is void. You may not transfer to anyone else, either
temporarily or permanently, any rights to use the service or any
part of the service.
22. No Third Party
This contract is solely for your and our benefit. It is
not for the benefit of any other person, except for permitted
successors and assigns under this contract.
23. Claim Must Be Filed Within One
Any claim related to this contract or the service
may not be brought unless brought within one year. The one-year
period begins on the date when the claim first could be filed. If
it is not filed in time, then that claim is permanently barred.
This applies to you and your successors. It also applies to us and
our successors and assigns.
24. Your Notices to Us.
You may notify us as stated in the customer support or
"help" area for the service. We do not accept e-mail
25. Notices We Send You; Consent Regarding
This contract is in electronic form. We have promised to
send you certain information in connection with the service and
have the right to send you certain additional information. There
may be other information regarding the service that the law
requires us to send you. We may send you this information in
electronic form. You have the right to withdraw this consent, but
if you do, we may cancel your service. We may provide
required information to you:
- by e-mail at the e-mail address you specified
when you signed up for your service;
- by access to a IMS web site that will be
designated in an e-mail notice sent to you at the time the
information is available; or
- by access to a IMS web site that will be
generally designated in advance for this
Notices provided to you via e-mail will be deemed
given and received on the transmission date of the
e-mail. As long as you can access and use the
service, you have the necessary software and hardware to receive
these notices. If you do not consent to receive any notices
electronically, you must stop using the service.
26. Contracting Party, Choice of Law and Location
for Resolving Disputes. This agreement shall
be construed according to the laws of the State of Wisconsin and
constitute the entire understanding between the parties as of the
commencement of the term of the agreement hereunder, and supersedes
all prior agreements and understandings between the parties, and
cannot be changed or terminated orally.