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TERMS AND CONDITIONS

Terms of Service for Retailers and Third Parties

 

itemMaster® Customer Agreement

 

Welcome to itemMaster! This Agreement (the "Agreement") is a legal agreement between you and itemMaster, LLC ("itemMaster") that states the terms and conditions under which you may receive the itemMaster Service and use the itemMaster website ("itemMaster.com"). If you use the itemMaster Service or itemMaster.com, you agree to these terms and conditions.

 

1.   itemMaster Service.

 

The itemMaster Service is a database, information, image and communication service available to authorized users ("customers") who access itemMaster.com. itemMaster currently provides an online database of product images and data provided by the manufacturer (the "licensor"), and may in the future provide additional related services.

 

a)   Description of the service. itemMaster is a service for providing product images and data to any registered user.  Product data is provided by itemMaster, the manufacturer of the products and/or third party image and data capture companies. 

 

b)   Licensed Use. Provided that you comply with all terms of this License Agreement, you are granted a non-exclusive, non-transferable right to use the images and data contained in the current version of the itemMaster solely for:

 

1.    advertising layout purposes only including, but not limited to, flyers, inserts, direct mailers, ROP ads, internal publications, coupons, kiosks, signs and labels, and in-store video systems, self checkout, aisle locators or

2.    shelf management applications, including planogramming, or

3.    e-commerce applications, including online shopping and web pages, scanning devices, mobile phones or

4.    presentation applications and sell sheets or

5.    Internet shopping portals, third party comparison shopping websites

 

2.   Restrictions on Use.

 

a)   You may not rent, lease, loan or sublicense Product Data, disclaimers from itemMaster.com to any others.

b)   You may not alter the images, disclaimers, and/or data on this Internet site or any notices or trademark designations that appear therewith.

c)    Images, disclaimers and/or data, logos, coupons or copies contained in itemMaster may not be made available to itemMaster competitors.

d)   You may not use the images and data except as expressly authorized in this license without written permission from itemMaster.

 

3.   Current Use.

 

You agree to use only the current version of the images and data in order to preserve the current brand image being displayed by participating manufacturers. 

4.   Copyrights, Trademarks and other Intellectual Property.

 

a)   Trademarks. "itemMaster," "The One Source for Free Product Images & Data," all itemMaster logos, and all titles, characters, names, graphics and button icons are service marks, trademarks and/or trade dress of itemMaster or otherwise proprietary to itemMaster and may not be used by you for any reason other than as expressly permitted by this Agreement. All other trademarks, service marks, product names and company names or logos appearing on itemMaster.com are the property of their respective owners.

 

b)   Copyright. All content on itemMaster.com including, but not limited to, design, text, graphics, interfaces, and the selection and arrangement thereof, and all software are the property of itemMaster © 2009-2010, itemMaster®, LLC ALL RIGHTS RESERVED, or its content providers, the manufacturer of the products.

 

c)    Patents. One or more patents pending apply to this Site and to the features and services accessible via the Site.
 

d)   All rights in the consumer packaged goods (CPG) product including, without limitation, copyright, trademark, trade dress and other intellectual property rights are and shall remain the property of the product manufacturer (itemMaster's licensor). You agree to utilize the proper trademark designations (® for registered trademarks and ™ for unregistered trademarks) of these participating companies. You acknowledge the product manufacturer's ownership of the trademarks, agree that you will do nothing inconsistent with or that may dilute such ownership, agree to use reasonable efforts to preserve the product manufacturer's rights in the trademarks and agree that all uses of the trademarks by you shall inure to the sole benefit of the product manufacturer. You agree that the nature and quality of your use of the trademarks shall conform to the reasonable standards set by the product manufacturer. You shall comply with all applicable laws, rules, regulations, and customs with respect to your use of the trademarks.  itemMaster or the product manufacturer shall have the sole right to bring any legal proceeding with respect to any such unauthorized use.

 

5.   Third Party Information Providers and Merchants.

 

The itemMaster Service may advertise on the itemMaster website companies which are not owned or operated by itemMaster and which may permit you to order and receive products, information and services from these businesses. The purchase, payment, warranty, guarantee, delivery, maintenance and all other matters concerning the merchandise, services or information ordered or received from such businesses are solely between you and such businesses. itemMaster does not endorse, warrant or assume any responsibility or liability for such products, information or services including, but not limited to, the accuracy, completeness or usefulness of such information, opinion and advice and the quality and availability of such products or services. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility and are not part of the fee charged for the itemMaster Service.

 

6.   Your Account.

 

You agree to provide itemMaster with accurate and complete information as required by registration for the itemMaster Service ("Customer Registration Data"), including, but not limited to, your legal name, company name, billing and delivery addresses and telephone number, and promptly to notify itemMaster of any change in your Customer Registration Data. Upon registration, you will be issued a customer identification number and password allowing you access to the itemMaster Service. Your password should be kept strictly confidential to prevent unauthorized use. You agree to notify itemMaster promptly of any unauthorized use of your password or your account or loss or theft of your credit card or bank account number. You will remain liable for any use of the itemMaster Service until you notify itemMaster of the unauthorized use, loss or theft.

 

7.   Changes in Agreement, Fee Schedule or itemMaster Service.

 

itemMaster may at any time change any of the terms of this Agreement or the itemMaster fee schedule including, but not limited to, the amount of, or basis for determining, any fees or charges for the itemMaster Service. If itemMaster makes material changes to this Agreement or changes to the itemMaster fee schedule, itemMaster will provide notice to you in a manner provided in this Agreement. Your use of the itemMaster Service after any such change will be conclusively deemed acceptance of such change. itemMaster may discontinue or revise any or all aspects of the itemMaster Service without prior notice to you. Price and availability of products are also subject to change without notice. We reserve the right to correct online pricing errors. In such event, we reserve the right to correct the pricing error or cancel undelivered orders for such incorrectly priced products. You will be contacted in such circumstances, and your credit card or checking account will not be charged. If any change is unacceptable to you, you may cancel your itemMaster Service and terminate this Agreement.

 

8.   Disclaimer of Warranty and Limitation of Liability.

 

YOUR USE OF THE ITEMMASTER SERVICE, ITEMMASTER.COM AND THE INTERNET IS ENTIRELY AT YOUR OWN RISK. THE ITEMMASTER SERVICE, ITEMMASTER.COM AND ITS CONTENTS ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, ITEMMASTER DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO THE AVAILABILITY, ACCURACY OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES, AND WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ITEMMASTER DOES NOT WARRANT THAT THE FUNCTIONS PROVIDED BY ITEMMASTER.COM WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ITEMMASTER.COM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

 

NEITHER ITEMMASTER NOR ANY OF ITS DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR MERCHANTS (COLLECTIVELY, ITS "ASSOCIATES") SHALL BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE ITEMMASTER SERVICE, ITEMMASTER.COM, THE INTERNET OR FOR ANY OTHER CLAIMS RELATED IN ANY WAY TO YOUR RELATIONSHIP WITH ITEMMASTER. ITEMMASTER'S LIABILITY IS LIMITED TO CREDITING YOUR ACCOUNT FOR PRODUCTS SOLD BY ITEMMASTER AND RETURNED BY YOU. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR OF CERTAIN DAMAGES, IN SUCH STATES AND JURISDICTIONS WARRANTIES AND LIABILITY ARE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

 

The material on itemMaster.com is provided for lawful purposes only. itemMaster controls and operates itemMaster.com from its headquarters in Skokie, Illinois, USA and makes no representation that these materials are appropriate or available for use in other locations. If you use itemMaster.com from other locations, you are responsible for compliance with applicable local laws.

 

While we work to ensure that product information is correct, on occasion manufacturers may alter their ingredient lists.  Actual product packaging and materials may contain more and/or different information than that shown on our website.  For these reasons you should not rely on the information presented, but should always read labels, warnings, and directions before using or consuming a product.  For additional information about a product, please contact the manufacturer.

 

Content on this site is for reference purposes and is not intended to substitute for advice given by a physician, pharmacist, or other licensed health care professional.  You should not use this information as self-diagnosis or for treating a health problem or disease.  Contact your health care provider immediately if you suspect that you have a medical problem.  Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease or health condition.  Neither itemMaster, LLC nor the manufacturer assumes any liability for inaccuracies or misstatements about products.

 

9.   Indemnification.

 

You agree to defend, indemnify and hold itemMaster and its Associates harmless from any claims and expenses, including attorney's fees, arising in connection with a violation of this Agreement by you or through use of your account.

 

10.         Termination.

 

itemMaster may suspend or terminate your access to the itemMaster Service at any time for any reason with or without notice to you. You may terminate your itemMaster Service at any time for any reason.  If you terminate your itemMaster Service for any reason, you will not be entitled to a refund of any fees. itemMaster reserves the right to collect fees and charges incurred before you cancel your itemMaster Service. In addition, you are responsible for any charges incurred to third-party vendors or content providers prior to your cancellation.

 

11.         Privacy and Security.

 

Your privacy is very important to itemMaster. itemMaster uses Verisign® or a similar service at itemMaster's discretion to encrypt your personal information in order to protect your information as it travels over the Internet. Once we receive your information, it is stored in our secure data center. itemMaster does not sell personal information about individual customers (such as name, address, e-mail address) to third parties, sell or rent lists of customers or use information about individual customers except to provide the itemMaster Service or as described below.

 

a)   Aggregated Information. itemMaster may use aggregated information regarding its customers and usage of the itemMaster Service (such as customer demographics and traffic patterns) and disclose such aggregated information to advertisers, partners and others for various purposes.

 

b)   Third Party Service Providers. itemMaster may employ other companies and individuals to perform certain functions such as delivering packages, processing credit card payments and analyzing data. They may have access to personal information to perform their functions.

 

c)    Sale of Business. itemMaster may transfer Customer Registration Data and other personal information in connection with the sale of itemMaster or the sale or transfer of its business operations in your geographic area to a third party provider of grocery ordering or delivery services who agrees to be bound by this Privacy Policy until you consent that such information will be governed by the policies and terms of such third party provider.

 

d)   Enforcement of Agreement or Compliance with Law. itemMaster may use or disclose personal information when itemMaster believes it is appropriate to enforce this Agreement, to protect the rights, property or safety of itemMaster or its users or to comply with the law.

 

 

12.         Notices.

 

itemMaster may give notice to you of a change in this Agreement, a change in the itemMaster Fee Schedule, and any other matter by general posting on itemMaster.com, by electronic mail, or by conventional mail to your address contained in the Customer Registration Data. You may give notice to itemMaster by telephone (1-877-443-5049), by electronic mail (as specified in the "Contact itemMaster" section of itemMaster.com), or by conventional mail to:

 

itemMaster

9933 Woods Drive 

Skokie, IL  60077 

Attention: Customer Service

 

13.         Legal and Miscellaneous.

 

a)   This Agreement states your entire agreement with itemMaster regarding the use of the itemMaster Service and itemMaster.com. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties, and the remainder of this Agreement shall remain in full force and effect.

 

b)   The failure of either party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.

 

c)    This Agreement shall be governed by the laws of the State of Illinois without regard to its conflict of laws rules. You expressly agree that exclusive jurisdiction for any claim or dispute with itemMaster or its Associates or relating in any way to your use of the itemMaster Service or itemMaster.com resides in the courts of Illinois, and you further consent and agree to personal jurisdiction by the state and federal courts sitting in the State of Illinois in connection with any such dispute.

 

d)   Any cause of action by you must be instituted within one year after the claim or cause of action has arisen, or be barred.

 

e)   Sections 8 and 9 of this Agreement are for the benefit of itemMaster and its Associates, and each shall have the right to assert and enforce the provisions directly on their own behalf. Sections 8 and 9 of this Agreement and all obligations and restrictions placed upon you or your permitted users by this Agreement shall survive termination of your itemMaster service.

 

14.         Legal Notices to California Customers.

 

California customers are entitled to the following consumer rights information under California Civil Code Section 1789.3:

 

Complaints. The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 400 R Street, Sacramento, CA 95814, or by telephone at 1-916-445-1254.

 

IF YOU HAVE ANY QUESTIONS ABOUT THIS AGREEMENT, PLEASE CALL ITEMMASTER CUSTOMER SERVICE AT 1-877-443-5049.

 

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