USER AGREEMENT

The following is the ITSPmagazine (an imsmartin, LLC publication) User Agreement Policy (“User Agreement”) and is intended to be incorporated with the Website Terms of Use that governs the relationship between You (“You” and “Your”) and ITSPmagazine (“We” or “ITSPmagazine”) in relation to Your use of a ITSPmagazine website and/or services.

1. Scope of User Agreement and Acceptance

1.1 The ITSPmagazine websites and/or services may be used to facilitate transactions for the sale of goods or services between and amongst ITSPmagazine and its registered users (“Users”). Users are those who register or establish an online account with ITSPmagazine.

1.2 It is understood that You are subject to the Website Terms of Use associated with the ITSPmagazine websites and/or services in which You have accessed. This User Agreement is incorporated with and forms a part of the Website Terms of Use (that also includes the ITSPmagazine Privacy Policy).

1.3 Before You may become a User You must read and accept all of the terms in, and linked to, this User Agreement. This User Agreement defines the relationship between and amongst ITSPmagazine and its Users.

2. Most Current Terms

2.1 ITSPmagazine may make changes to this User Agreement from time to time at its sole discretion. When these changes are made, ITSPmagazine will make a new copy of the most current User Agreement available to You from within, or through, the affected ITSPmagazine website or services.

2.2 You understand and agree that if You use the affect ITSPmagazine website or services after the date on which the User Agreement, ITSPmagazine will treat Your use as acceptance of the updated User Agreement.

3. Using ITSPmagazine

While using ITSPmagazine websites, services and tools, You will not:

● post content or items in an inappropriate category or areas on our websites and services;

● violate any laws, third party rights or our policies;

● use our websites services or tools if You are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our websites, services or tools;

● fail to deliver payment for items purchased by You;

● manipulate the price of any item or interfere with any product listings;

● circumvent or manipulate our fee structure, the billing process, or fees owed to ITSPmagazine;

● post false, inaccurate, misleading, defamatory, or libelous content (including personal information);

● take any action that may undermine the feedback or interest level systems (such as displaying, importing or exporting feedback information off of the websites or using it for purposes unrelated to ITSPmagazine);

● transfer Your ITSPmagazine account (including feedback) and User ID to another party without our consent;

● distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;

● distribute viruses or any other technologies that may harm ITSPmagazine, or the interests or property of ITSPmagazine users;

● export or re-export any ITSPmagazine tools except in compliance with the export control laws of any relevant jurisdictions;

● copy, modify or distribute rights or content from the ITSPmagazine websites, service or tools or ITSPmagazine’s copyrights and trademarks; or

● harvest or otherwise collect information about users, including email addresses, without their consent.

4. Abusing ITSPmagazine

4.1 ITSPmagazine and Users work together to keep our websites and services working properly and the community safe. Please report problems, offensive content, and policy violations to us by writing to hello@itspmagazine.com.

4.2 ITSPmagazine’s Intellectual Rights Protection program works to ensure that listed items do not infringe upon the copyright, trademark or other rights of third parties. If You believe that Your rights have been violated, please notify our team at hello@itspmagazine.com and We will investigate.

4.3 Without limiting other remedies, We may limit, suspend or terminate our service and user accounts, prohibit access to our websites and its content, services and tools, delay or remove hosted content, and take technical and legal steps to keep users off the websites if We think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time, or to modify or discontinue ITSPmagazine websites, services or tools.

5. ITSPmagazine Purchase Protection

The ITSPmagazine Purchase Protection Policy is part of this Agreement and incorporated by reference.

6. Buyer Obligations

6.1 Buyers agree to file claims in accordance with the conditions, exclusions and coverage limitations as further explained in the ITSPmagazine Purchase Protection Policy.

6.2 Buyers who ITSPmagazine believes are abusing the program or a Vendor, attempting to commit or committing fraud, or attempting to unjustly benefit from the program ITSPmagazine reserves the right to temporarily, indefinitely or permanently suspend the ITSPmagazine Purchase Protection Policy immediately if We suspect abuse, excessive claims, tampering, or interference with the proper working of the policy.

6.3 ITSPmagazine Purchase Protection does not cover certain types and categories of goods or services, false, abusive or illegitimate claims, or transactions where You have been or may be compensated from another third party. Please read the ITSPmagazine Purchase Protection Policy for more details.

7. Content

When You give us content, You grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, trademark, publicity, and database rights (but no other rights) You have in the content, in any media known now or in the future.

8. Limitation of Liability

8.1 You will not hold ITSPmagazine responsible for other Users’ content, actions or inactions.

8.2 We cannot guarantee continuous or secure access to our websites, services or tools, and operation of our websites, services or tools may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, We exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of Your use of or Your inability to use our websites, services and tools. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to You.

9. Release

If You have a dispute with one or more Users, You release ITSPmagazine (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If You are a California resident, You waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

10. Indemnity

You will indemnify, defend and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Your breach of this Agreement, or Your violation of any law or the rights of a third party.

11. Notices

Except as explicitly stated otherwise, legal notices shall be served on ITSPmagazine’s national registered agent (in the case of ITSPmagazine) or to the email address You provide to ITSPmagazine during the registration process (in Your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, We may give You legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.

12. Complaints

In accordance with Cal. Civ. Code §1789.3, You may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

Additional Terms

Each of these policies may be changed from time to time. Changes take effect when We post them on the ITSPmagazine website. When using particular services on our websites, You are subject to any posted policies or rules applicable to services You use through the websites, which may be posted from time to time. All such policies or rules are hereby incorporated into this Agreement.