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Terms of Service




We stand behind our work and act in good faith.



Nowadays, life canít be so simply stated. We work in a complex world of legal and liability considerations and want to provide you with those details so you can have confidence in working with us. Below are the Terms Of Service that you agree to when you use Infomergent, LLC. Please read this TOS carefully.




TERMS OF SERVICE AGREEMENT

This Terms of Service Agreement constitutes the entire agreement between Infomergent, LLC and you (ďCustomerĒ) concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Infomergent, LLC, or by the posting by Infomergent, LLC of a revised version. By using the products or services of us, Infomergent, LLC, you accept and agree to be bound by the terms and provision of this agreement.

CUSTOMER RESPONSIBILITIES.
Upon receipt, Customer shall inspect Infomergent, LLCís work for compliance with the order. If verifiable errors are reported to Infomergent, LLC within 30 days, Customer shall elect its remedy as set forth in the Remedies Section of this Agreement. Customerís failure to notify Infomergent, LLC of errors shall constitute acceptance of the order ďAs IsĒ.

REMEDIES.
Infomergent, LLCís sole obligation and Customerís exclusive remedy for any claim of defective Services shall be to re-perform the Services in question without charge or, at Customerís option, to refund the price paid by Customer for any defective Services. When choosing a refund, the Customer shall permanently destroy and not make use of any data or product returned by Infomergent, LLC. Infomergent, LLCís aggregate liability to Customer whether for negligence, breach of warranty, or any other cause of action shall be limited to the price paid for the Services to which the incident relates.

INDEMNITY.
You agree to indemnify, defend, and hold harmless us, Infomergent, LLC, and the employees, officers, agents and affiliates of Infomergent, LLC, from and against any and all claims, actions, demands, judgments, losses, and liabilities (including, without limitation, costs, expenses and attorneys' fees) by you or any third-party resulting or arising, directly or indirectly, from our products or services.

LIMITATION OF LIABILITY.
In no event shall Infomergent, LLC or the respective officers, directors, agents, employees, successors or assigns of Infomergent, LLC be liable for lost income or lost revenue or for any consequential, indirect, special, incidental or punitive damages, regardless of the form of action, whether in an agreement, tort, strict product liability or otherwise, even if advised of the possibility of such damages and even if the damages were foreseeable. Infomergent, LLC shall have no liability for any failure or delay due to matters beyond their reasonable control. Any cause of action arising from or in connection with this Agreement shall be asserted within one (1) year of the date upon which such cause of action accrued, or the date upon which the complaining party should have reasonably discovered the existence of such cause of action, whichever is later.

GENERAL WARRANTIES.
Infomergent Servcies, LLC reserves the right to suspend Services for any reason, at any time, at its sole discretion. Infomergent Servcies, LLC will promptly refund to Customer any portion of its pre-paid fee that has not been used for services at the time of service suspension. EXCEPT AS OTHERWISE STATED IN THIS AGREEMENT, THERE ARE NO OTHER WARRANTIES EXPRESS OR IMPLIED HEREUNDER, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT THAT ANY DATA IS TO BE SUPPLIED HEREUNDER, Infomergent, LLC MAKES NO WARRANTIES EXPRESS OR IMPLIED WITH RESPECT THERETO, INCLUDING BUT NOT LIMITED TO WARRANTIES OF ACCURACY, COMPLETENESS, OR CURRENTNESS.

ENTIRE AGREEMENT.
This Agreement, together with the Schedule attached hereto, sets forth the entire understanding and supersedes and merges all prior and contemporaneous agreements between the parties relating to the subject matter contained herein, and neither party shall be bound by any provision, amendment or modification other than as expressly stated in or contemplated by this Agreement or as subsequently shall be set forth in writing and executed by a duly authorized representative of the party to be bound thereby. All waivers hereunder must be made in writing, and failure at any time to require the other party's performance of any obligation under this Agreement shall not affect the right subsequently to require performance of that obligation. Any waiver of any breach of this Agreement shall not be construed as a waiver of any continuing or succeeding breach.

SEVERABILITY.
Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law; but in the event that any provision, clause, sentence, section or other part of the Agreement is held to be invalid, illegal, inapplicable, unconstitutional, contrary to public policy, void or unenforceable in law to any person or circumstance, then that part will be construed to reflect the partiesí original intent, and the remaining portions will remain in full force and effect.

SUBJECT HEADINGS.
The subject headings of this Agreement are included for convenience only, and shall not affect the construction or interpretation of any of its provisions.

GOVERNING LAW.
This Agreement shall be governed by the Laws of the Commonwealth of Pennsylvania.

FORCE MAJEURE.
Neither party is responsible for delays due to causes or occurrences beyond its control including, but not limited to, civil disobedience, acts of God, casualty or accident, war, labor disputes, government actions, or the like.

CHANGES TO THESE TERMS OF SERVICE.
Infomergent LLC may update these terms at its sole discretion and without notice. You can review the most current version of the TOS at any time at: http://www.Infomergent.com/termsofservice.html

Last Update to TOS: 1/27/2015 (Governing Law to Pennsylvania)

Prior Update to TOS: 12/26/2012


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