Last Updated: 3/8/2019
TERMS AND CONDITIONS OF USE
USE OF THIS WEBSITE
PURCHASING PRODUCTS OR SERVICES
From time to time, we may offer products or services for sale through this Website. However, all such purchases will be made by third parties through the websites of such third parties, and ITPalooza is not responsible for such purchases, products or services. For the terms and conditions of purchase with respect to the purchase of such products and services, please see the terms and conditions set forth in such third party websites.
LINKS TO THIRD PARTY WEBSITES
LINKING TO THIS WEBSITE
Although this Website is accessible worldwide, this Website is neither designed nor intended for use outside the United States. Those who choose to access this Website from locations outside the United States do so on their own initiative and at their own risk and are responsible for compliance with all local laws. We reserve the right, at any time and in our sole discretion, to limit the availability and/or use of this Website to any person, geographic area, or jurisdiction. You shall, at all times, comply with all applicable laws and regulations of the United States and all other applicable governmental entities governing, restricting or otherwise pertaining to the use, transmission, display, exporting or importing of data, products, services and/or technical information.
Your use of this Website may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of this Website, or other actions that we may take in our sole discretion and from time to time. We reserve the right to modify, suspend or discontinue the availability of this Website, or any portion or feature of this Website, at any time and in our sole discretion and without prior notice. You, and not ITPalooza, are solely responsible for maintaining, protecting, backing-up and providing redundant access to your Customer Information, Personal Information and User Generated Content (each as defined below).
CODE OF CONDUCT
You agree that you shall not, and you shall not attempt, or otherwise authorize, encourage or support a third party’s attempts, to do any of the following:
- Use this Website for any unlawful purposes.
- Breach or otherwise circumvent any security or authentication measures of this Website.
- Probe, scan or test the vulnerability of this Website or any network associated with this Website.
- Re-engineer, decompile, decrypt, break or otherwise alter or interfere with this Website.
- Create derivative works of or reproduce, modify, distribute, sell or otherwise transfer any rights in or to any of the content of this Website.
- Register to use, use or copy any information from this Website if you are a competitor of ITPalooza.
- Register to use, use or copy any information from this Website for purposes of monitoring availability, performance or functionality or for any other benchmarking or competitive purposes.
- Meta tag, frame or mirror this Website.
- Restrict, inhibit or prevent any access to, use or enjoyment of this Website.
- Use any search engine, software, tool, agent or other device or mechanism, including, without limitation, browsers, spiders, robots, scrapers, avatars or intelligent agents, deep link or other similar automated device, program, algorithm or methodology (other than those made available by ITPalooza on this Website or other generally available third party web browsers, e.g., Internet Explorer, Chrome, Firefox or Safari), to access, acquire, copy, monitor, navigate or search this Website.
- Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, data mine, scrape or in any way reproduce or circumvent the navigational structure or presentation of this Website.
- Deliver malware to this Website or use this Website to distribute malware.
- Launch a DoS or DDoS attack on this Website or use this Website as part of a DDoS attack.
- Deliver altered, deceptive or false source-identifying information, including spoofing or phishing, through this Website.
- Impersonate or misrepresent your affiliation with any other person or entity.
- You also agree that you shall not transmit, submit or post any of the following to or through this Website or otherwise submit to ITPalooza:
- Information that violates any law, statute, ordinance or regulation.
- Information that is false, inaccurate, incomplete, untimely or misleading.
- Information that is trade libelous, unlawfully threatening, unlawfully harassing, defamatory, obscene, explicit or vulgar or otherwise injurious to ITPalooza or third parties.
- Information that breaches or infringes on ITPalooza’s or any third party’s rights of confidentiality, publicity, privacy, intellectual property and/or other proprietary rights.
- Copyrighted and/or trademarked information without the prior written permission of the owner of such intellectual property rights.
- Data that contains any viruses or other disabling or enabling code that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
- Information containing unsolicited or unauthorized advertising or any other form of SPAM.
ITPalooza owns all right, title and interest in and to this Website including, without limitation, the look and feel, design and organization, and the compilation of the content, code, data and other materials on this Website (collectively, “Website Materials”).
Names, Markings, and Other Intellectual Property Rights.
ITPalooza owns all right, title and interest in and to the name ITPalooza and all copyrights, service mark rights, trademark rights, trade dress rights, patent rights, database rights, moral rights and other intellectual property and proprietary rights relating to this Website or otherwise owned and/or operated by ITPalooza, as well as all of ITPalooza’s URLs, website domain names, graphics, logos, page headers, button icons, scripts and other markings (collectively, “Names, Markings and Other Intellectual Property Rights”).
ITPalooza owns all right, title and interest in and to all content on this Website, including, without limitation, all audio, photographs, illustrations, graphics, other visuals, video, copy, text, software, titles and Shockwave files (collectively, “Website Content”).
Limited License and Prohibited Use.
RIGHTS YOU GRANT TO ITPALOOZA
YOUR INFORMATION REPRESENTATIONS AND WARRANTIES
BLOGS, FORUMS, CHAT ROOMS AND BULLETIN BOARDS
From time to time, this Website may include blogs, forums, chat rooms and/or bulletin boards (each, a “Forum”), which allows users to post User Generated Content and interact. ITPalooza does not prepare, approve or endorse any User Generated Content that may appear in a Forum. You acknowledge and agree that ITPalooza has no control over and is not responsible for the accuracy, correctness, timeliness, safety or legality of any User Generated Content. You may find User Generated Content to be deceptive, inaccurate, harmful or offensive. Please use caution and common sense when reading User Generated Content posted in our Forums, and do not rely solely on such information. You hereby acknowledge and agree that your use and/or reliance on any User Generated Content is at your own risk. ITPalooza reserves the right, but not the obligation, from time to time and at our sole discretion for any reason or no reason, to monitor, edit, remove and/or re-post User Generated Content posted in our Forums.
COPYRIGHT INFRINGEMENT NOTICE
We respect the intellectual property rights of our customers and third parties, and we comply with the Digital Millennium Copyright Act of 1988 (“DMCA”). This DMCA Policy addresses how we handle notices of alleged copyright infringement appearing on this Website.
Pursuant to the DMCA, notifications (each, a “Notification”) of alleged copyright infringement appearing on this Website must be sent in writing to ITPalooza’s designated agent (“Designated Agent”) as follows:
Attn: Designated Agent
100 SE 3rd Avenue, Suite 2400
Fort Lauderdale, 33394
Pursuant to Title 17, U.S. Code, Section 512(c)(2), the Notification must include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner ( Complaining Party ) of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single notification, a representative list of such works;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit ITPalooza to locate the material;
- Information reasonably sufficient to permit ITPalooza to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the Complaining Party may be contacted;
- A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement under penalty of perjury that the information in the notification is accurate and that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receipt of the written Notification containing the information as outlined in 1 through 6 above, and pursuant to Title 17, U.S. Code, Section 512(c)(2):
- ITPalooza will remove or disable access to the material that is alleged to be infringing;
- ITPalooza will attempt to forward the written notification to the alleged infringer; and
- ITPalooza will take reasonable steps to attempt to notify the alleged infringer that ITPalooza has removed or disabled access to the material.
Pursuant to Title 17, U.S. Code, Section 512(c)(2), a party may counter a Notification by providing a written communication (each, a Counter Notification ) to ITPalooza’s Designated Agent that includes substantially the following:
- A physical or electronic signature of the party;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that the party has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
- The party’s name, address, and telephone number; and
- A statement that the party consents to the jurisdiction of Federal District Court for the judicial district in which the party is located, or if the party’s address is outside of the U.S., for any judicial district in which the Website may be found, and that the party will accept service of process from the person who provided the Notification or an agent of such person.
- Upon receipt of a Counter Notification containing the information as outlined in 1 through 4 above, and pursuant to Title 17, U.S. Code, Section 512(c)(2):
- ITPalooza will attempt to provide the Complaining Party with a copy of the Counter Notification;
- ITPalooza will attempt to inform the Complaining Party that ITPalooza will replace the removed material or cease disabling access to the removed material within 10 business days;
- ITPalooza will replace the removed material or cease disabling access to the removed material within 14 business days following receipt of the Counter Notification, provided ITPalooza’s Designated Agent has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain the party providing the Counter Notification from engaging in infringing activity relating to the removed material on ITPalooza’s network or system.
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
DISCLAIMER OF WARRANTIES
THE TRANSMISSION, STORAGE, VIEWING AND RETRIEVAL OF DATA AND FILES THROUGH THE INTERNET ARE SUBJECT TO A VARIETY OF CONDITIONS BEYOND OUR CONTROL THAT MAKE SUCH TRANSMISSION, STORAGE, VIEWING AND RETRIEVAL POTENTIALLY UNRELIABLE. THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, ALL CONTENT, LICENSES, FUNCTIONS, MATERIALS, AND INFORMATION ARE PROVIDED “AS IS” AND AS AVAILABLE WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND.
WE MAKE NO WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH REGARD TO ANY THIRD PARTY PRODUCTS OR SERVICES USED WITH PRODUCTS OR SERVICES PURCHASED THROUGH THIS WEBSITE.
Some state laws do not allow disclaimers of implied warranties. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you.
LIMITATION OF LIABILITY
Some state laws do not allow limitations on certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you.
LIMITATION ON TIME TO FILE CLAIMS
Customer Service Department.
Governing Law, Jurisdiction and Venue.
TERM AND SURVIVAL
NOTICES, COMMUNICATIONS, AND ELECTRONIC SIGNATURES
By using this Website or otherwise submitting information through this Website, you consent to receive communications from ITPalooza electronically. Although we may choose to communicate with you by other means, we may also choose to solely communicate with you electronically by email or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we send to you electronically satisfy any legal requirement that such communications be in writing. You agree that, when in the future you click on an “I agree,” “I Consent” or other similarly worded buttons, hyperlink or entry field with your mouse, a keystroke or other device, your agreement or consent will be legally binding and enforceable and legal equivalent of your handwritten signature.
Attn: Designated Agent
100 SE 3rd Avenue, Suite 2400
Fort Lauderdale, 33394