Use of Information and Materials
The information contained in this Web Site is subject to change without notice. The Site is not intended to be (i) a comprehensive or detailed statement concerning the matters addressed; (ii) investment, tax, banking, accounting, legal, or other professional or expert advice; or (iii) an offer or recommendation to sell or buy any stock, bond, other financial instrument, product, or service.
You should seek appropriate, qualified professional advice and recommendations before acting or omitting to act based upon any information provided on or though the Site. You acknowledge that any reliance on any information contained in the Site shall be at your own risk.
IMPACT Group may in its discretion refuse permission to access and use the Site. IMPACT Group reserves the right to correct any errors or omissions in any portion of the Site.
Site Communication and Orders
The Site is a portal and information conduit to other Web Sites operated by IMPACT Group and IMPACT Group’s various affiliates (“Affiliates”). If you use the Site to initiate communication, the information you submit may be disclosed to, and processed and responded to by, IMPACT Group and Affiliates.
You authorize IMPACT Group to:
(a) accept communications from you by means of the Site or email as if those communications had been given directly by you and signed in writing;
(b) disclose your communications to any IMPACT Group and Affiliate workers by means of the Site, email, or other communications;
(c) respond to your communications by means of Internet communications, email, or other forms of communications.
Communications you send to IMPACT Group by means of the Site or email are not effective unless and until they are processed by the responsible IMPACT Group representative.
IMPACT Group may refuse to process any communications sent to IMPACT Group by means of the Site or email, or may reverse the processing of any communications sent to IMPACT Group by means of the Site or email, at any time by IMPACT Group’s discretion, and without any notice or liability to you or any other person, including, without limitation, if:
(a) IMPACT Group cannot process the communications;
(b) the communications violate any provision in these Terms and Conditions or any other agreement that you or any other person may have with IMPACT Group or Affiliates;
(c) IMPACT Group considers that the communications conflict with any other instructions or agreements with you or any person you represent;
(d) there is an operational failure or malfunction in connection with the transmission of the communications.
Any information submitted to IMPACT Group or Affiliates via this Site shall become and remain the property of IMPACT Group. IMPACT Group shall be free to use such information for any purpose and shall not be subject to any obligations of confidentiality regarding such information, except as required by law or as set forth in the privacy practices or policies applicable to the relationship. Users should be aware that information sent by email may not be secure and may be intercepted by third parties. Please do not use email to send IMPACT Group any confidential information or information which will need immediate attention.
Warranty Disclaimer; Limitation of Liability; Release; Indemnity
IMPACT Group makes no express or implied warranties or representations of any kind with respect to this site, and expressly disclaims all warranties, including without limitation warranties of title, non-infringement, merchantability, fitness for a particular purpose, performance, durability, availability, timeliness, accuracy, or completeness.
The Internet is not a secure medium, and it may be subject to interruption, disruption, and inadvertent or deliberate breaches of security and privacy. The operation of the Site may be affected by numerous factors beyond IMPACT Group’s control. The operation of the Site may not be continuous or uninterrupted, secure, or private.
In no event will IMPACT Group be liable for any damages or losses resulting from or in any way relating to any person’s use of or inability to use this Site or any part hereof or arising out of or in connection with this Site and the information contained at this Site, including without limitation loss of data, loss of use, loss of profits, or loss of any special, incidental, consequential, indirect, or punitive damages regardless of whether IMPACT Group has been advised of the possibility of such losses.
The Site may only be used in the manner described expressly in these Terms and Conditions. In particular, except as expressly stated otherwise in these Terms and Conditions, the Site may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, mirrored, or distributed in any way, in whole or in part, without the express prior written consent of IMPACT Group. The Site may be used only for lawful purposes.
IMPACT Group®, impactgrouphr.com, the IMPACT Group Logo, and other marks and logos appearing on the Site (including IMPAXIS®) are registered and unregistered trademarks, trade names, and service marks owned or licensed by IMPACT Group. Other product and company names and logos appearing on the Site may be registered or unregistered trade names, trademarks, and service marks of their respective owners. Any use of the trade names, trademarks, service marks, and logos (Collectively, “Marks”) displayed on the Site is strictly prohibited. Nothing appearing on the Site or elsewhere shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Marks displayed on the Site.
International Users and Choice of Law
This Site is controlled, operated, and administered by IMPACT Group from its offices within the United States. IMPACT Group makes no representation that materials on this Site are appropriate or available for use at locations outside the US and access to them from territories where their contents are illegal is prohibited.
Persons using the Site must comply with all applicable laws. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
The arbitration will be before a single arbitrator. The place of arbitration will be Saint Louis, MO, United States of America. Notwithstanding the foregoing, you or IMPACT Group may seek injunctive relief from an appropriate court prior to or during the arbitration. Any cause of action you may have with respect to your use of the Site must be commenced within six (6) months after the cause of action arises. These Terms and Conditions constitute the entire agreement between IMPACT Group and you with regard to your use of the Site.