ImpactandImage.com Terms of Service

Welcome to the Impact & Image LLC Web site (“Site”). In consideration of Impact & Image  LLC providing access to and use of our Web site, you agree to the following Terms of Service, (“TOS”):

1. Terms of Use

This Site is owned and operated by Impact & Image LLC.  Any and all content on this Site is the property of Impact & Image LLC or its customers as noted.  You agree not to copy, duplicate, republish, upload, post, transmit, save, archive, distribute or capture this content by any means. You agree to view the content for its intended purpose, to evaluate our advertising and marketing services.  This Site is provided for authorized business use only.

2. Use of Online Forms

You agree to provide true and accurate information about yourself, when completing our online forms.

3. Conduct

You will not use this Site for any purpose that is unlawful or prohibited by these TOS. You agree to abide by all applicable local, state, national and international laws and regulations.

You are prohibited from transmitting or uploading any material that contains viruses, trojan horses, worms, time bombs, cancel bots, or any other harmful or deleterious programs as well as any material that contains material protected by any applicable law, including but not limited to, intellectual property and privacy, unless you own or control the rights thereto or have received all necessary consents.

You are prohibited from interfering with, disrupting or violating the server or networks connected to this Site.  You are prohibited from attempts to gain unauthorized access to this Site, server, network or computer system.

You are prohibited from interfering with another person’s use of this Site.  Impact & Image LLC has no obligation to monitor the use of this Site. However, Impact & Image LLC reserves the right to monitor, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.

Those visitors with password access are solely responsible for all acts or omissions that occur under their account or password, including the content uploaded to this Site.

4. Modifications to Site

It is Impact & Image LLC’s right to change or enhance this Site’s content and functionality periodically without notice.

5. Privacy and Confidentiality

Impact & Image LLC will disclose collected information only when legally required to do so by government authorities conducting investigations, to verify compliance with our privacy policies, or protect against unauthorized use, or in connection with a corporate change, such as sale or merger.  Please see this Site’s Privacy Statement.

6. Links to Other Web Sites

Our Web site contains links to our company’s Web sites, which will open in separate browser windows.  Please review the Terms of Service policies of each of these other Web sites, as we are not responsible for their privacy policies or the content of these other Web sites.  These links do not imply endorsement of these Sites by Impact & Image LLC.

7. Indemnification

You agree to indemnify and hold Impact & Image LLC harmless from and against any and all claims, liabilities or damages, which arise from your use of this Site.  This indemnification shall include the costs of litigation and counsel fees.

8. Termination

Impact & Image LLC may terminate your access to all or any part of this Site with or without cause, with or without notice, effective immediately, for any reason whatsoever. Impact & Image LLC may terminate previously authorized access to protected areas, upon termination of your Services Agreement or for misuse.

9. Trademarks

Impact & Image®, its logos and Inciting Brand Demand® are the trademarks and service marks of Impact and Image LLC.  All other names, trademarks, service marks and logos used on this Site are the names, trademarks, service marks and logos of their respective owners.

10. Copyright

You agree that content, including but not limited to text, audio, images, video, graphics or other material contained in this Site by Impact & Image LLC, or Impact & Image LLC's customers or other content providers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws and may not be modified, copied, reproduced, republished, uploaded, posted, transmitted, reprinted, saved, archived, or distributed in any form without the express written permission of Impact & Image LLC. The code and software utilized to create this Site are proprietary products of Impact & Image LLC and its suppliers and are protected under copyright law. All rights, title, and interest in and to the code and software, including associated intellectual property rights, are and shall remain with Impact & Image LLC and its suppliers. You shall not reverse engineer, decompile, disassemble or otherwise translate this Site’s code.

Impact & Image LLC does not grant any license or other authorization to any user of its trademarks, registered trademarks, service marks, or other copyrightable material or other intellectual property, by placing them on this Web site. 

If you make other use of this Site, except as otherwise provided above, you may violate copyright and other laws of the United States, as well as applicable state laws and may be subject to penalties.

11. Modification to Terms of Service

Impact & Image LLC reserves the right to change the TOS regarding the use of this Site at any time without prior notice. You are responsible for regularly reviewing the TOS for updated version, since use after changes constitutes your consent to such changes.

12. Accuracy and Suitability

Although Impact & Image LLC makes every reasonable and practicable attempt to ensure the accuracy of content on this Site, it makes no guarantees whatsoever as to the accuracy or suitability of the information the Customer provides. It is possible the site could include inaccuracies, unauthorized additions, deletions or modifications made by a third party.  The content is intended for business use by persons over 18 years of age.  To report possible abuse or inaccuracy contact Impact & Image LLC at webmaster@impactandimage.com.

13. Relationship

You agree that nothing contained in this TOS agreement shall be deemed to constitute a partner, joint venturer or employee relationship by use of this Site.

14. Severability

Each of the provisions of this TOS agreement shall be enforceable independently of any other provision of this Agreement and independent of any other claim or cause of action.  If a court finds any provision or part of a provision, of this Agreement is held to be invalid or unenforceable, the remaining provisions of this TOS agreement shall continue to be valid and enforceable.

15. Disclaimers and Limitation of Liability

This Site’s content is provided “as is” without representations or warranties of any kind, either express or implied, including without limitation, any warranty for information, services or uninterrupted access.  You assume total responsibility and risk for your use of this Site and Site related services.

This Site’s content may include inaccuracies or typographical errors. Archived and previous content entered on this Site may contain content that is no longer accurate.  Impact & Image LLC and/or its respective suppliers may make improvements and/or changes in this Site or its server at any time. Impact & Image LLC does not warrant or represent this Site’s content will be correct, accurate, timely, reliable, uninterrupted or error-free, that defects will be corrected, or that this Site and the server that makes it available, are free of viruses or other harmful components.

You specifically agree that Impact & Image LLC shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through this Site. You specifically agree that Impact & Image LLC is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. You specifically agree that Impact & Image LLC is not responsible for any content sent using and/or included in this Site by any third party.

Impact & Image LLC disclaims any and all warranties, including, but not limited to: any warranties concerning the availability, accuracy, usefulness, or content of information, products or services and any warranties of title, warranty of non-infringement, warranties of fitness for a particular purpose. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.

Under no circumstances shall Impact & Image LLC nor any of its employees or service providers shall be liable to you or other third party for any direct, indirect, incidental, lost profits, special, exemplary, punitive or consequential damages arising out of use of this Site or its contents or inability to gain access to or use the Web site or out of any breach of any warranty, regardless of whether such failure was caused by intentional or negligent acts or omissions of Impact & Image LLC or a third party. Your sole remedy is to cease using this Site.

Fictitious companies, Web sites, addresses, products, people and events may be used for demonstration purposes and are not intended to represent real companies, Web sites, addresses, products, people and events.

16. Waiver

The failure of Impact & Image LLC to require the performance by the other of any of the provisions of this TOS agreement shall in no way effect the respective rights Impact & Image to enforce the same at a later time nor shall the waiver by Impact & Image LLC of any breach of any provision of this TOS agreement be construed as a waiver of any succeeding breach or as a waiver or modification of the provisions of the TOS agreement itself.

17. Language

This Site has been created and shall be interpreted in the English language.

18. Governing Law

The laws of the State of New Jersey and the United States of America will govern the interpretation, validity and effect of this TOS agreement without regard to conflict of law provisions. You and Impact & Image LLC agree to submit to the personal and exclusive jurisdiction of the courts located in the state of New Jersey.

19. Integration

This TOS agreement expresses the complete understanding with respect to the subject matter and supersedes all prior TOS agreements.

Thank you for visiting our Site and reviewing our Terms of Service.