Terms of Use

Terms of Use

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE. ACCESS TO and use of password protected and/or secure areas of this web site is restricted to authorized users only. "AUTHORIZED USER" MEANS A NAMED INDIVIDUAL TO WHOM ITRADENETWORK, INC. HAS ISSUED A LOGIN AND PASSWORD. Unauthorized individuals attempting to access these areas of the web site may be prosecuted.

BY USING OR ACCESSING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, AND THAT YOU ACCEPT AND WILL BE BOUND BY THEM. ITRADENETWORK, INC. (formerly INSTILL CORPORATION)("ITN") RESERVES THE RIGHT TO CHANGE THESE TERMS AND CONDITIONS FROM TIME TO TIME AT ITS SOLE DISCRETION.

Trademark Notice. "iTradeNetwork" and "Instill" and the iTradeNetwork and Instill logos are either registered trademarks or trademarks of iTradeNetwork, Inc. Spend Management, Procurement, Quality Management, Inventory Insight, Query Plus and Sales Insight are service marks of iTradeNetwork, Inc.

Limited License. Subject to the terms contained herein, ITN hereby grants you a nonexclusive, nontransferable and internal use only license to (1) use this web site, and (2) access those solutions, services or applications that you are authorized to access pursuant to an appropriate agreement between ITN and your employer during the term of such agreement. Notwithstanding any of the foregoing, you may not (1) provide access to this web site to any third party or person who is not an authorized user of this web site, (2) directly, or through any third party, sell, license, barter, trade or otherwise make available or allow access to this web site to any third party without ITN's prior written consent, nor (3) share a named user login and password with any other person, unless otherwise permitted under the agreement between ITN and your or your employer. In addition, you shall not allow any further processing or analysis of the information contained in this web site (other than mere reformatting for presentation purposes) through any outsourced service or application competitive with ITN and not approved by ITN, and may not attempt to derive any of ITN's product naming conventions or methods for deriving any ITN product codes or ITN product names. Your use of this web site will also be limited to the use described in the applicable agreement between you and ITN, and only in connection with and only so long as you are entitled to use the web site in accordance with such agreement. All copies of the content must retain all copyright and other proprietary notices. Under no circumstance will you acquire any ownership rights or other interest in any content by or through your use of this web site. ITN may terminate this license at any time if you are in breach of these Terms of Use or of any agreement between you and ITN.

General Disclaimer. ITN assumes no responsibility for the accuracy of the information. ALL INFORMATION PROVIDED ON THIS WEB SITE IS PROVIDED "AS IS," WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SUITABILITY, NON-INFRINGEMENT, FITNESS OR SUFFICIENCY FOR YOUR PARTICULAR PURPOSE, OR ARISING FROM THE COURSE OF DEALING BETWEEN THE PARTIES OR USAGE OF TRADE. YOU ACKNOWLEDGE THAT YOUR USE OF THIS WEB SITE MAY NOT BE FREE OF INTERRUPTIONS, THAT THE INFORMATION AVAILABLE ON THIS WEB SITE MAY CONTAIN, ERRORS, PROBLEMS OR OTHER LIMITATIONS, AND THAT THE SITE MAY BE UNAVAILABLE FROM TIME TO TIME.

ITN SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, OR THE LIKE), PUNITIVE, SPECIAL DAMAGES, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF THE USE OR INABILITY TO USE THIS WEB SITE, EVEN IF ITN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES ND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Links to Third Party Web Sites. This web site may contain links to third-party web sites. You assume the risk of accessing any third-party web site linked to this web site. Because ITN has no control over these third party web sites, ITN is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on the third-party sites. ITN provides these links for your convenience and inclusion of these links does not imply an endorsement.

Submission of Information. You and/or your employer is solely responsible for the accuracy, quality, integrity, legality, reliability, appropriateness and intellectual property ownership or right to use of all data and information that you submit to the site. You grant ITN a nonexclusive, worldwide, royalty-free license to (in any media now known or not currently known or invented) link to, utilize, use, copy, exploit, and prepare derivative works of the submitted data or information.

Conflicts with Other Agreements. In the event of a conflict or inconsistency between these Terms of Use and any other agreement between you or your employer and ITN, these Terms of Use shall govern.

Miscellaneous. These Terms of Use and any disputes arising out of or related to use of this web site shall be governed by the laws of the state of California and any applicable federal laws without regard to conflicts of laws principles. In the event of any dispute arising out of or relating to this web site, you agree that the exclusive venue for litigating disputes shall be in state or federal court in San Mateo County, California.

Third Party License Terms. Third party licensor, copyrighted and proprietary software used in ITN's solutions require the following terms:

a) Third party software may be used only as part of an ITN solution solely for Your internal purposes;

b) Third party software may not be copied, downloaded or distributed;

d) The number of Authorized Users is limited to the number of Authorized User licenses You have paid for;

e) You may use the third party software only to access data from the data models provided by an ITN solution;

f) You may not reverse engineer, disassemble or decompile the third party software;

g) Title to the third party software remains with ITN's licensors and will not pass to You;

h) You disclaim ITN's licensors from liability for damages, whether direct, indirect, incidental or consequential, arising in connection with the third party software or an ITN solution;

i) ITN's licensors disclaim any warranty of any kind directly to You, including a warranty of performance, merchantability, fitness for a particular purpose, title and non-infringement;

j) You may not make any written or oral disclosures to any other third party of any results of any quantitative analysis of the third party software or performance of the third party software measured in a controlled environment; and

h) An ITN licensor may, in conjunction with ITN, audit Your use of its software.

Contact Information. Should you desire to contact ITN, you may do so at: iTradeNetwork, Inc., 4160 Dublin Blvd., Suite 300, Dublin, CA 94568, Phone: (925) 660-1100.