Terms of Service
for Retailers and Third Parties
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.
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.
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.
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:
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
management applications, including planogramming, or
applications, including online shopping and web pages, scanning
devices, mobile phones or
applications and sell sheets or
shopping portals, third party comparison shopping websites
may not rent, lease, loan or sublicense Product
Data, disclaimers from itemMaster.com to
may not alter the images, disclaimers, and/or data on this Internet
site or any notices or trademark designations that appear therewith.
disclaimers and/or data, logos, coupons or copies contained in
itemMaster may not be made available to itemMaster competitors.
may not use the images and data except as expressly authorized in
this license without written permission from itemMaster.
agree to use only the current version of the images and data in
order to preserve the current brand image being displayed by
Trademarks and other Intellectual Property.
"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.
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 ©
LLC ALL RIGHTS RESERVED, or its content providers,
the manufacturer of the products.
One or more patents pending apply to this Site and to the features
and services accessible via the Site.
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
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.
Party Information Providers and Merchants.
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
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,
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.
in Agreement, Fee Schedule or itemMaster Service.
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.
of Warranty and Limitation of Liability.
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.
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.
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.
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.
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.
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.
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
Privacy and Security.
privacy is very important to itemMaster. itemMaster uses Verisign®
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.
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.
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.
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
consent that such information will be governed by the policies and
terms of such third party provider.
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.
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:
Legal and Miscellaneous.
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.
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.
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.
cause of action by you must be instituted within one year after the
claim or cause of action has arisen, or be barred.
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.
Legal Notices to California
customers are entitled to the following consumer rights information
under California Civil Code Section 1789.3:
The Complaint Assistance Unit of the Division of Consumer Services
of the Department of Consumer Affairs may be contacted in writing at
R Street, Sacramento,
or by telephone at 1-916-445-1254.
YOU HAVE ANY QUESTIONS ABOUT THIS AGREEMENT, PLEASE CALL ITEMMASTER
CUSTOMER SERVICE AT 1-877-443-5049.