Terms of Service
The following Terms of Service section applies to the Ingenuity Innovation Center (IIC) website.
1. ACCEPTANCE OF TERMS
Ingenuity Innovation Center (“IIC”) provides the information on this Web site as provided in these Terms of Service (“TOS”). IIC may update the TOS at any time and without prior notice by posting a new version at http://www.ingenuity.pro. The information on this site and your use of it is subject to the most recent version of the TOS posted.
2. DESCRIPTION OF SERVICE
IIC provides you with access to discussion lists, forums, licenses and a variety of other services. (“IIC Service”). Unless explicitly stated otherwise, any new features that augment or enhance the current IIC Service shall be subject to the TOS.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the IIC Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to:
(a) provide true, accurate, current and complete information about yourself as prompted by the IIC Service’s registration form (the “Registration Data”) and
(b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or IIC has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, IIC has the right to suspend or terminate your account and refuse any and all current or future use of the IIC Services (or any portion thereof).
You understand that all information, data, text, software, graphics or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not IIC, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the IIC Service. IIC does not control the Content posted via the IIC Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will IIC be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the IIC Service. You agree to not use the IIC Service to:
1) upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable or harm minors;
2) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
3) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the IIC Service;
4) upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or other relationships;
5) upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
6) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” or any other form of solicitation;
7) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
8) disrupt the normal flow of dialogue, or otherwise act in a manner that negatively affects other users’ ability to engage in discussions or exchanges;
9) interfere with or disrupt the IIC Service or servers or networks connected to the IIC Service, or disobey any requirements, procedures, policies or regulations of networks connected to the IIC Service;
10) intentionally or unintentionally violate any applicable local, state, national or international law,
11) “stalk” or otherwise harass another; and/or
12) collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs above. You acknowledge that IIC may or may not pre-screen Content, but that IIC and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, move, or remove any Content that is available via the IIC Service and which violates the TOS. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge, consent and agree that IIC may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:
(a) comply with legal process;
(b) enforce the TOS;
(c) respond to claims that any Content violates the rights of third parties;
(d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of IIC its users and the public.
6. CONTENT MADE AVAILABLE FOR INCLUSION ON THE IIC SERVICE
IIC does not claim ownership of Content you submit or make available for inclusion via the IIC Service. However, with respect to Content you submit or make available for inclusion on the publicly available IIC Service, you irrevocably grant IIC the perpetual, worldwide, royalty-free and non-exclusive license, with the right to sublicense through multiple tiers of sublicensees, to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content, in whole or in part, on the IIC Service or other publications by IIC in any media whether now existing or which come into the existence into the future and to provide that information under the license set forth on the initial page of the http://www.ingenuity.pro web site. And for Content you submit for private discussions, you grant IIC the worldwide, royalty-free and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the associated private discussion group.
You agree to indemnify and hold IIC and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including but not limited to reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the IIC Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
8. MODIFICATIONS TO IIC SERVICE You acknowledge that IIC may establish general practices and limits concerning use of the IIC Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the IIC Service. You further acknowledge that IIC reserves the right to modify these general practices and limits from time to time. IIC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the IIC Service (or any part thereof) with or without notice. You agree that IIC shall not be liable to you or to any third party for any modification, suspension or discontinuance of the IIC Service.
You agree that IIC may terminate your access to the IIC Service for violations of the TOS and/or requests by authorized law enforcement or other government agencies.
The IIC Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because IIC has no control over such sites and resources, you acknowledge and agree that IIC is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that IIC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
11. DISCLAIMER OF WARRANTIES
You expressly understand and agree that: Your use of the IIC service is at your sole risk. IIC service is provided on an “as is” and “as available” basis. IIC and its subsidiaries, affiliates, officers, employees and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. IIC and its subsidiaries, affiliates, officers, employees and licensors make no warranty that
(i) The IIC service will meet your requirements;
(ii) The IIC service will be uninterrupted, timely, secure or error-free and
(iii) The results that may be obtained from the use of the IIC service will be accurate or reliable. No advice or information, whether oral or written, obtained by you from IIC or through or from the service shall create any warranty not expressly stated in the TOS.
12. LIMITATION OF LIABILITY
You expressly understand and agree that IIC and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if IIC has been advised of the possibility of such damages), resulting from the use or the inability to use the IIC service. This includes, but is not limited to, any damages caused by:
- Any site errors, omissions, or defects
- Any site failures, including performance failures
- Use of, or inability to use the website
- Use of, or inability to use any linking sites
- Any interruption of site availability or transmission
- Any line failures
- Any computer viruses or similar malware
- Damages intended as direct compensation for a loss or injury
- Damages expected as a result of a loss or injury (consequential damages)
- Any miscellaneous damages as a result of a loss or injury (incidental damages)
We claim no liability even if the possibility of negligence by US or an authorized representative.
13. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
IIC respects the copyright of others, and we ask our users to do the same. IIC may, in appropriate circumstances and at its discretion, disable and/or terminate the access of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide IIC’s Copyright Agent the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the site; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
IIC’s Agent for Notice of claims of copyright infringement can be reached as follows:
Ingenuity Innovation Center
C/O Copyright Agent
32180 Pittsburg Rd.
St. Helens, OR 97051
14. GENERAL INFORMATION
Entire Agreement. The TOS constitutes the entire agreement between you and IIC and governs your use of the IIC Service, superseding any prior agreements between you and IIC with respect to the IIC Service. The TOS and the relationship between you and IIC shall be governed by the laws of the State of Oregon without regard to its conflict of law provisions. You and IIC agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Columbia County, Oregon. Waiver and Severability of Terms. The failure of IIC to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
Terms and Conditions for Products and Services
The following Terms and Conditions section applies to the products and services IIC sells.
We currently accept cash, money orders, Visa, MasterCard, American Express, Discover Card, and PayPal.
Do you charge sales tax?
Although Ingenuity Innovation Center does not charges sales tax due to being headquartered in Oregon, please note that your state of residence may require you to pay sales or use tax and file a sales or use tax return for certain purchases made from Ingenuity Innovation Center. Please consult your city, county, and state tax rates to determine your applicable sales or use tax.
Make sure the information on your order is correct. Before placing your order, please make sure that your phone number, e-mail address, and shipping address are correct. In some cases, the freight delivery company may need to contact you to set up a delivery appointment. If the freight company cannot reach you and your order cannot be delivered, you may be responsible for all freight charges associated with returning the merchandise back to our facility.
IIC makes every attempt to process orders as quickly as we can. Most orders will typically be processed within one week, with the exception of our larger aquaponic systems and installs. We will make every attempt to keep our customers informed with when they can expect their orders with email updates. We encourage customers to provide accurate and up to-date contact and address information to prevent issues that may result in delays or non-receipt of items.
‘The receipt of an order number or an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. IIC reserves the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any customer. Verification of information may be required prior to the acceptance of an order. Prices and availability of products are subject to change without notice. Errors will be corrected when discovered and IIC reserves the right to revoke any stated offer and to correct any error, inaccuracy, or omission (including after an order has been submitted). IIC reserves the right, at its sole discretion, to refuse or cancel any order for any reason.
We ship to addresses in the United States. and Canada (including Alaska, Hawaii and U.S.Territories). U.S. Territories include: American Samoa, Guam, Marshall Islands, Federated States of Micronesia, Northern Mariana Islands, Palau, Puerto Rico, and the U.S. Virgin Islands. Certain products are available for shipping outside the U.S. and Canada. Please note that shipping times outside the U.S. and Canada may be longer than the time periods specified above.
For customers outside of the United States, please note that you are responsible for any additional taxes, GST/HST, VAT, fees, customs duties, or brokerage charges normally imposed for import items in your country. These are not included in our shipping charges. Also note that all prices shown on the site are in U.S. Dollars. Your total amount will be converted to and charged in your currency by your credit card company at the exchange rate then in effect, and additional fees may apply. Check with your bank or credit card issuer for details on their currency exchange policies and fees.
Disclaimer of Warranty; Limitation of Liability
EXCEPT FOR ANY WARRANTIES THAT ARE EXPRESSLY MADE IN WRITING WITH RESPECT TO A PARTICULAR PRODUCT, ALL PRODUCTS ARE SOLD WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND INGENUITY INNOVATION CENTER, LLC. HEREBY DISCLAIMS ANY SUCH WARRANTIES TO THE FULLEST EXTENT PERMITTED BY LAW.
TO THE FULLEST EXTENT PERMITTED BY LAW, INGENUITY INNOVATION CENTER, LLC. (AND ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, LICENSORS, LICENSEES, VENDORS, AFFILIATED ENTITIES AND THEIR SUCCESSORS AND ASSIGNEES) SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE PRODUCTS OR YOUR USE OF THE PRODUCTS, EVEN IF INGENUITY INNOVATION CENTER, LLC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
For the first 30 days after your purchase you may return merchandise for a full money back refund, excluding any shipping charges. The refund will be the purchase price, minus the cost of outbound shipping and a 15% restocking fee. Return shipping is the buyer’s responsibility, so please be sure to package items well for shipment back to IIC. This policy will apply to all orders, including items listed with “free shipping”. Shipment refusals will be treated as a standard return, in which the above policy will apply.
Returned or exchanged products must be in brand new, mint condition, and have all original manufacturer’s packaging, materials, and accessories, including instruction booklets, packing inserts, and blank warranty cards.
Merchandise missing the original Universal Product Code (UPC) cannot be returned. The original manufacturer’s labeled packaging should be enclosed within an outer shipping box. Please do not write or place shipping labels or stickers on the manufacturer’s packaging.
A Return Merchandize Authorization (RMA) number is required prior to returning the order, so please contact us to let us know about your return. We will provide you with a return RMA number and the return address. Package the item back in its original packaging and write your RMA number on the box.
Returns must be in their original packaging, unassembled, undamaged and in original condition. Return items are subject to inspection upon arrival, and any missing or damaged components will result in assessment and reduction of the final refund amount. In the instance a return is received without RMA and original packaging, refund will not be issued and return will be discarded.
In some instances, images may vary in color due to print process, monitor settings, or personal perceptions. We are not responsible for color variations, and standard return fees apply.
Ingenuity Innovation Center does not accept returns of the following items:
IIC Damage/Defect standard policy is to provide replacement parts and/ or repair kits free of additional charge. Damages and/or Defects reported after 30 days are not covered.
Please provide photographs of the damaged parts, part numbers, and part descriptions that require replacement.
Once IIC receives a part request and photographs, replacement parts will be ordered from the manufacturer. This typically takes 4-7 business days. Once we receive your part, we will immediately ship it out to you, and will email you with your tracking information. In some rare circumstances a part may become unavailable, in these rare cases, we will contact you with an alternative resolution.
Please hold on to your damaged items. When you receive your replacement part tracking notification, we will advise if your damaged part can be disposed of or if we will need to schedule a shipping pick up.
Please note the following stipulations:
- If parts are available nevertheless the customer would like to return, return will be subject to standard return policy including 15% restock fee and deduction of outbound shipping cost.
- After reviewing pictures, in some instances where a part is not easily replaceable a partial refund option can be discussed and determined at that time.
- In an instance a customer cannot or has not provided photographs – return will be subject to inspection upon arrival at IIC’s facility. Customer will be notified if reported damages are not found, and standard return policy fees will apply.
If a shipment is not received by the expected delivery date and tracking does not show an estimated delivery date:
Please notify IIC on all tracking delays, and lost shipments within 15 days of expected delivery date. There might be an unexpected travel delay, and we can assist you and update you of the details. In instances that a carrier has lost a shipment please notify IIC immediately, and we will file a Lost Trace with the carrier. The carrier will respond back within 48 hours and report if the package was located or is indeed lost. If package is lost, a full refund will be issued, if package is found, a reattempt at delivery will be set up.
If a tracking number indicates completed delivery, but a package has still not been received:
Please notify IIC within 5 days of the tracking delivery date. Please double check the following: Inside garage, side door or back entrance, neighbors, front desk, and/or anyone else living with you etc. If Ingenuity Innovation Center is notified within 5 days, the carrier will be contacted and a Lost Trace will be opened. The carrier will respond within 48 hours and report if they have been able to locate your package or confirm if it is indeed lost. If package is lost, a full refund will be issued, if package is found, a reattempt at delivery will be set up. If Hal’s Deals is notified after 5 days of the carrier delivery date, Ingenuity Innovation Center can contact the carrier to assist in a trace, however a refund can no longer be issued past this time.
IIC’s Membership Program may provide benefits such as coupons, discounts and other membership perks for products and services. For more information about the program, please visit the Membership Program page. For more information on Terms and Conditions for the Membership Program, click here.
Miscellaneous Questions / Issues
For all other questions, please contact us.
Changes to This Agreement
We may change the terms of this Agreement at any time without notice or liability by posting a revised Agreement on the IIC website. Any change shall take effect immediately, unless otherwise provided.
This Agreement was last modified on July 30th, 2014.