Site Content and Use
Content
All text, graphics, user interfaces, visual interfaces, photographs, trademarks,
logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited
to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such
Content, contained on the Site is owned, controlled or licensed by or to Infinity, and is protected by
trade dress, copyright, patent and trademark laws, and various other intellectual property rights and
unfair competition laws.
Except as expressly provided in these Terms of Use, no part of the Site and no
Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted or distributed in any way (including “mirroring”) to any other computer,
server, Web site or other medium for publication or distribution or for any commercial enterprise,
without Infinity's express prior written consent.
You may use information on Infinity products and services (such as data sheets, knowledge base articles,
and similar materials) purposely made available by Infinity for downloading from the Site, provided that
you (1) not remove any proprietary notice language in all copies of such documents, (2) use such
information only for your personal, non-commercial informational purpose and do not copy or post
such information on any networked computer or broadcast it in any media, (3) make no modifications
to any such information, and (4) not make any additional representations or warranties relating to
such documents.
Your Use of the Site
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program,
algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or
monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational
structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials,
documents or information through any means not purposely made available through the Site.
Infinity reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Site,
or any other systems or networks connected to the Site or to any Infinity server, or to any of the
services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site,
nor breach the security or authentication measures on the Site or any network connected to the Site.
You may not reverse look-up, trace or seek to trace any information on any other user of or visitor
to the Site, or any other customer of Infinity, including any Infinity account not owned by you, to its source,
or exploit the Site or any service or information made available or offered by or through the Site,
in any way where the purpose is to reveal any information, including but not limited to personal
identification or information, other than your own information, as provided for by the Site.
You agree that you will not take any action that imposes an unreasonable or
disproportionately large load on the infrastructure of the Site or Infinity's systems or
networks, or any systems or networks connected to the Site or to Infinity.
You agree not to use any device, software or routine to interfere or attempt to
interfere with the proper working of the Site or any transaction being conducted on the Site,
or with any other person’s use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of
any message or transmittal you send to Infinity on or through the Site or any service offered on or
through the Site. You may not pretend that you are, or that you represent, someone else, or
impersonate any other individual or entity.
You may not use the Site or any Content for any purpose that is unlawful or prohibited by
these Terms of Use, or to solicit the performance of any illegal activity or other activity
which infringes the rights of Infinity or others.
Information
Orders and Purchases; Other Terms and Conditions
Additional terms and conditions may apply to purchases of goods or services and to
specific portions or features of the Site, including contests, promotions or other similar features,
all of which terms are made a part of these Terms of Use by this reference. You agree to abide by
such other terms and conditions, including where applicable representing that you are of sufficient
legal age to use or participate in such service or feature. If there is a conflict between these Terms
of Use and the terms posted for or applicable to a specific portion of the Site or for any service
offered on or through the Site, the latter terms shall control with respect to your use of that
portion of the Site or the specific service.
Infinity's obligations, if any, with regard to its products and services are governed
solely by the agreements pursuant to which they are provided, and nothing on this
Site should be construed to alter such agreements.
Infinity may make changes to any products or services offered on the Site, or to the
applicable prices for any such products or services, at any time, without notice. The
materials on the Site with respect to products and services may be out of date, and Infinity
makes no commitment to update the materials on the Site with respect to such products and services.
Accounts, Security, Passwords and Other
Certain features or services offered on or through the Site may
require you to open an account (including setting up an ID and password).
You are entirely responsible for maintaining the confidentiality of the information you
hold for your account, including your password, and for any and all activity that occurs
under your account as a result of your failing to keep this information secure and confidential.
You agree to notify Infinity immediately of any unknown use of your account or password, or any
other breach of security. You may be held liable for losses incurred by Infinity or any other user of
or visitor to the Site due to someone else using your ID, password or account as a result of
your failing to keep your account information secure and confidential.
Unless otherwise provided in writing and notified directly to Infinity, you may not use anyone else's ID
and/or password. The express permission of the ID and password holder must be given in writing (email)
directly to Infinity otherwise you may be prosecuted and fined. You will be held liable for any losses,
damages, destruction or misuse in these circumstances, whether you have the permission of the ID holder
or not. It is your responsibility to behave correctly when using and ID and password for any activity on
the Infinity website or its affiliates such as Google (mail, play store, other).
Privacy
Infinity has a dedicated policy for privacy and any information within this regard.
Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never
completely private or secure. You understand that any message or information you send to the Site
may be read or intercepted by others, even if there is a special notice that a particular
transmission (for example, credit card information) is encrypted.
Links within the Infinity website and to other sites
This Site may contain links to other independent third-party Web sites (“Linked Sites”).
These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites
are not under Infinity's control, and Infinity is not responsible for and does not endorse the content
of such Linked Sites, including any information or materials contained on such Linked Sites.
You will need to make your own independent judgment regarding your interaction with these Linked Sites.
If you are found to have misbehaved or acted illegally on these linked sites, Infinity is not liable for
your actions or behaviour and you will be charged accordingly and possible be accountable financially for
any damages or legal actions taken against Infinity on your behalf as a result of your actions. Infinity
will take legal and financial actions against you for reimbursement or for damage payments.
Terms, Liability and Other
Disclaimers
INFINITY DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL
BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF
THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS”
AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE.
INFINITY CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES
OR CONTAMINATION OR DESTRUCTIVE FEATURES. INFINITY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. INFINITY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD
PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY INFINITY SERVICES.
YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY
AGAINST INFINITY FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY
SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of
performance, error, omission, interruption, deletion, defect, delay in operation or transmission,
computer virus, communication line failure, theft or destruction of or unauthorized access to,
alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
Infinity reserves the right to do any of the following, at any time, without notice: (1) to modify,
suspend or terminate operation of or access to the Site, or any portion of the Site, for any
reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or
terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to
perform routine or non-routine maintenance, error correction, or other changes.
Liability and Limitations
Except where prohibited by law, in no event will Infinity be liable to you for any indirect,
consequential, exemplary, incidental or punitive damages, including lost profits, even if
Infinity has been advised of the possibility of such damages.
If, notwithstanding the other provisions of these Terms of Use, Infinity is found to be
liable to you for any damage or loss which arises out of or is in any way connected with
your use of the Site or any Content, Infinity's liability shall in no event exceed the greater of (1)
the total of any subscription or similar fees with respect to any service or feature of or on the
Site paid in the last calendar month prior to the date of the initial claim made against Infinity (but not
including the purchase price for any Infinity hardware or software products or any
similar support program), or (2) US$10.00. Some jurisdictions do not allow limitations of
liability, so the foregoing limitation may not apply to you.
Indemnity
You agree to indemnify and hold Infinity, its officers, directors, shareholders,
predecessors, successors in interest, employees, agents, subsidiaries and affiliates,
harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees),
made against Infinity by any third party due to or arising out of or in connection with your use of the Site.
Violation of Use and Actions Taken
Terms of Use Violtations
In some circumstances, Infinity may disclose any information we have about you
(including your identity) if we determine that such disclosure is necessary in connection with
any investigation or complaint regarding your use of the Site, or to identify, contact or bring
legal action against someone who may be causing injury to or interference with (either intentionally
or unintentionally) Infinity's rights or property, or the rights or property of visitors to or users
of the Site, including Infinity's customers. Infinity reserves the right at all times to disclose any
information that Infinity deems necessary to comply with any applicable law, regulation, legal process
or governmental request. Infinity also may disclose your information when Infinity determines that
applicable law requires or permits such disclosure, including exchanging information with other
companies and organizations for fraud protection purposes.
You acknowledge and agree that Infinity may preserve any transmittal or
communication by you with Infinity through the Site or any service offered on or
through the Site, and may also disclose such data if required to do so by law or Infinity
determines that such preservation or disclosure is reasonably necessary to (1) comply with legal
process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the
rights of others, or (4) protect the rights, property or personal safety of Infinity, its employees,
users of or visitors to the Site, and the public.
You agree that Infinity may, in its sole discretion and without prior notice, terminate
your access to the Site and/or block your future access to the Site if we determine that
you have violated these Terms of Use or other agreements or guidelines which may be associated
with your use of the Site. You also agree that any violation by you of these Terms of Use will
constitute an unlawful and unfair business practice, and will cause irreparable harm to Infinity,
for which monetary damages would be inadequate, and you consent to Infinity obtaining any injunctive or
equitable relief that Infinity deems necessary or appropriate in such circumstances. These remedies
are in addition to any other remedies Infinity may have at law or in equity.
You agree that Infinity may, in its sole discretion and without prior notice, terminate your
access to the Site, for cause, which includes (but is not limited to) (1) requests by law
enforcement or other government agencies, (2) a request by you (self-initiated account deletions),
(3) discontinuance or material modification of the Site or any service offered on or through the
Site, or (4) unexpected technical issues or problems.
If Infinity does take any legal action against you as a result of your violation of these
Terms of Use, Infinity will be entitled to recover from you, and you agree to pay, all reasonable
attorneys’ fees and costs of such action, in addition to any other relief granted to Infinity . You
agree that Infinity will not be liable to you or to any third party for termination of your access
to the Site as a result of any violation of these Terms of Use.
Governing Law and Dispute Resolution
You agree that all matters relating to your access to or use of the Site, including all
disputes, will be governed by the laws of the United Kingdom and by the laws of England and Wales
without regard to its conflicts of laws provisions. You agree to the personal
jurisdiction by and venue in London, England (or in the Home Counties),
and waive any objection to such jurisdiction or venue. The preceding provision regarding venue
does not apply if you are a consumer based in the European Union. If you are a consumer based
in the European Union, you may make a claim in the courts of the country where you reside.
Any claim under these Terms of Use must be brought within one (1) month after the cause of action
arises, or such claim or cause of action is barred. Claims made under the separate terms and
conditions of purchase for goods and services are not subject to this limitation. No recovery
may be sought or received for damages other than out-of-pocket expenses, except that the prevailing
party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute
between Infinity and you arising out of or in connection with your use of the Site, the parties shall
attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any
such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit
such controversy or dispute to mediation. If the dispute cannot be resolved through mediation,
then the parties shall be free to pursue any right or remedy available to them under applicable law.
Void Where Prohibited
Infinity administers and operates the www.infinity-electronics.com Site from its
location in Blackwater, Surrey, United Kingdom; other Infinity sites, such as social media,
may be administered and
operated from various locations outside the United Kingdom. Although the Site is accessible
worldwide, not all features, products or services discussed, referenced, provided or offered
through or on the Site are available to all persons or in all geographic locations, or appropriate or
available for use outside the United States. Infinity reserves the right to limit, in its sole discretion,
the provision and quantity of any feature, product or service to any person or geographic area.
Any offer for any feature, product or service made on the Site is void where prohibited.
If you choose to access the Site from outside the United Kingdom, you do so on your own initiative
and you are solely responsible for complying with applicable local laws.
Miscellaneous
You may not use or export or re-export any Content or any copy or adaptation of such Content,
or any product or service offered on the Site, in violation of any applicable laws or regulations,
including without limitation United States export laws and regulations.
If any of the provisions of these Terms of Use are held by a court or other tribunal of
competent jurisdiction to be void or unenforceable, such provisions shall be limited or
eliminated to the minimum extent necessary and replaced with a valid provision that best
embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full
force and effect. These Terms of Use constitute the entire agreement between you and Infinity
with regard to your use of the Site, and any and all other written or oral agreements or
understandings previously existing between you and Infinity with respect to such use are hereby
superseded and cancelled. Other than as provided in a purchase agreement you enter into with Infinity,
Infinity will not accept any counter-offers to these Terms of Use, and all such offers are hereby
categorically rejected. Infinity's failure to insist on or enforce strict performance of these Terms
of Use shall not be construed as a waiver by Infinity of any provision or any right it has to enforce
these Terms of Use, nor shall any course of conduct between Infinity and you or any other party
be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be
interpreted or construed to confer any rights or remedies on any third parties.
Infinity provides access to Infinity international data and, therefore, may contain references or
cross references to Infinity products, programs and services that are not announced in your country.
Such reference does not imply that Infinity in your country intends to announce such products,
programs or services.
Feedback
Any feedback you provide at this site shall be deemed to be non-confidential.
Infinity shall be free to use such information on an unrestricted basis.
