Subject to the following terms and conditions of this Hyperlink License Agreement (“License”), Infinity Kitchen Products, Inc., doing business as Infinity Stainless Products (“Infinity”) will grant you a nonexclusive, royalty free, non-transferable license to create a hyperlink from your Internet Website to our Website (the “Link”) and/or use Infinity’s logo displayed below (the “Link Logo”). Except as expressly provided in this License, all rights to Infinity’s intellectual property are specifically reserved. To indicate your acceptance of the terms and conditions contained in this License, please click the button marked “I Accept” at the end of this Agreement.
a. Form of Link. You may only Link to our home page at: https://infinitystainless.com. If used, the Link Logo must be used as a link to https://infinitystainless.com. You may not use the Link Logo as a static image. You may not frame the Infinity Website or modify or alter the content or manner of display of Infinity’s Website.
b. Proprietary Marks. The Infinity name, Link, and Link Logo contain Infinity’s proprietary logos, trademarks, and service marks (collectively, “Infinity Marks”). The Infinity Marks may not be modified or altered in any way. You may not use the Infinity Marks:
• To imply sponsorship or endorsement by Infinity;
• To disparage Infinity, its product or services;
• In connection with any products or services that in Infinity’s sole judgment may diminish or damage the goodwill in the Infinity Marks, including, but not limited to, use of the Infinity Marks in connection with pornography, violent images, and other objectionable material;
• In such a way that the Infinity marks are displayed more prominently than the name/logo of your company; or
• To infringe Infinity’s intellectual property rights or violate any state, federal, or international law.
c. Trademark Notice. The following notice shall be included on the Web page in which the Link or Link Logo appears: “Infinity Kitchen Products, Inc., d/b/a Infinity Stainless Products and Infinity Stainless Products Logo are trademarks of Infinity Kitchen Products, Inc., d/b/a Infinity Stainless Products”.
d. Disclaimer of Warranties. INFINITY’S WEBSITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF INFINITY’S WEBSITE, SITE-RELATED SERVICES, AND HYPERLINKED WEBSITES.
e. Limitation of Liability and Remedies. YOU AGREE THAT INFINITY SHALL NEITHER BE RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO YOUR USE OF THE LINK AND/OR LINK LOGO. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIM RELATING TO THE LINK AND/OR LINK LOGO IS TO STOP USING THEM. YOU AGREE TO AND WILL RELEASE AND FOREVER DISCHARGE INFINITY AND ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, ATTORNEYS, FINANCIAL ADVISORS, ASSIGNS, ADMINISTRATORS, PREDECESSORS, SUCCESSORS, AND SUBSIDIARIES OF AND FROM ANY AND ALL PAST, PRESENT, AND FUTURE RIGHTS, ACTIONS, CAUSES OF ACTION, CLAIMS, DEMANDS, DAMAGES, COSTS, LOSSES, EXPENSES, AND ATTORNEY FEES, WHICH YOU MAY NOW HAVE, OR WHICH MAY HEREAFTER ACCRUE RELATING TO THE LINK AND/OR LINK LOGO.
f. Indemnity. You agree to defend, indemnify, and hold harmless Infinity and its officers, directors, shareholders, employees, agents, attorneys, financial advisors, subsidiaries, assigns, and successors in interest, from and against any claim, action, proceeding, liability, loss, damage, cost, or expense, including, without limitation, attorney’s fees and costs, arising out of any claim relating to your use of the Infinity company name, the Link, or the Link Logo by paying all amounts that a court finally awards or that you agree to in settlement of such claims.
g. Termination of License. Infinity may terminate this License at any time, with or without cause, in its sole discretion, without liability or obligation to you of any kind. Infinity has the right to inspect your Website from time-to-time to ensure compliance with this License. In the event this License is terminated, you will remove all references to Infinity, including the Link and Link Logo, within twenty-four (24) hours of written request by Infinity.
h. Entire Agreement. This License constitutes the entire agreement of the parties with respect to the subject matter thereto. Only a writing that refers to this License and is signed by both parties may amend this License.
Last Revised June 1, 2014