Terms of Service

This Agreement sets forth the terms and conditions that apply to your access and use of the Internet Web site located at BagIQ.com (“BagIQ.com”), as owned and operated by Information Machine LLC., a New York limited liability corporation. By using BagIQ.com you agree to be bound by the terms and conditions of this Agreement and BagIQ.com’s Privacy and Security policies, as they may be amended from time to time in the future (see “Modifications” below).

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1. Accepting the Terms

By using the information, tools, software, features and functionality including content, updates and new releases located on BagIQ.com (together the “Service”), you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the BagIQ.com website) or you are a “Member” (which means that you have registered with BagIQ.com). The term “you” or “User” refers to a Visitor or a Member. The term “we” refers to Information Machine LLC. If you wish to become a Member, communicate with other Members and make use of the Service, you must read this Agreement and indicate your acceptance during the Registration process.

You may not use the Service and you may not accept this Agreement if you are not of a legal age to form a binding contract with Information Machine LLC.

If you accept this Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity that you have the authority to bind such entity. Before you continue, you should print or save a local copy of this Agreement for your records.

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2. Privacy and your Personal Information

For information about Information Machine LLC’s data protection practices, please read BagIQ.com Privacy and Security Policywhich is hereby incorporated into this Agreement. This policy explains how Information Machine LLC treats your personal information when you access BagIQ.com and use the Service. The policy may be updated from time to time at our discretion. Changes will be effective upon posting to the site.

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3. Description of the Service

The Service is a personal shopping information management service that allows Members to consolidate and track their shopping information on BagIQ.com. Based on such information, the Service may also present information relating to third party products or services (“Information Machine LLC offers”).

The Service is provided to you by Information Machine LLC without charge (it is free) and is meant as an aid to assist you in organizing and managing your shopping experience.

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4. Account Information from Third Party Sites

With the Service, Members may direct Information Machine LLC to retrieve their own information maintained online by third-party institutions with which they have customer relationships, maintain accounts or engage in commercial transactions (“Account Information”). Information Machine LLC works with one or more online commercial service providers to access this Account Information. Information Machine LLC makes no effort to review the Account Information for any purpose, including but not limited to accuracy, legality or non-infringement. Information Machine LLC is not responsible for the products and services offered by or on third-party sites.

Information Machine LLC cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. Information Machine LLC cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings. For example, when displayed through the Service, Account Information is only as fresh as the time shown, which reflects when the information is obtained from such sites. Such information may be more up-to-date when obtained directly from the relevant sites. You can refresh your Account Information through the Service, in the manner prescribed in the associated instructions.

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5. Your Registration Information

You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your LoginID e-mail address, allows you to access the Service. That Login ID and password, together with any mobile number or other contact information you provide form your “Registration Information.”

By providing us with your e-mail address, you agree to receive all required notices electronically, to that e-mail address. It is your responsibility to update or change that address, as appropriate. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the e-mail or through a link to the appropriate page on our site, accessible through any standard, commercially available internet browser.

If you become aware of any unauthorized use of your Registration Information, you agree to notify Information Machine LLC immediately at the email address – security@bagIQ.com.

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6. Your Use of the Service

Your right to access and use BagIQ.com and the Service is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use BagIQ.com for lawful purposes.

Accurate records enable Information Machine LLC to provide the Service to you. You must provide true, accurate, current and complete information about your accounts maintained at other web sites, as requested in our “add account” setup forms, and you may not misrepresent your Registration Information. In order for the Service to function effectively, you must also keep your Registration Information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Service to you will be affected.

Your access and use of BagIQ.com may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of BagIQ.com or other actions that Information Machine LLC, in its sole discretion, may elect to take.

From time to time, Information Machine LLC may include new and/or updated pre-release features and trial use (“Sneak Preview” features) in the Service for your use and which permit you to provide feedback. You understand and agree that your use of Sneak Preview features is voluntary and Information Machine LLC is not obligated to provide you with any Sneak Preview features. Furthermore, if you decide to use the Sneak Preview features you agree to abide by any rules or restrictions Information Machine LLC may place on them. You understand that once you use the Sneak Preview features, you may be unable to revert back to the earlier version of the same or similar feature. Additionally, if such reversion is possible, you may not be able to return or restore data created within the Sneak Preview feature back to the earlier version. The Sneak Preview features are provided on an “as is” basis and may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from any connected device. You acknowledge and agree that all use of the Sneak Preview features is at your sole risk.

You agree that Information Machine LLC may use your feedback, suggestions, or ideas in any way, including in future modifications of the Service, other products or services, advertising or marketing materials. You grant Information Machine LLC a perpetual, worldwide, fully transferable, sublicensable, irrevocable, fully paid-up, royalty free license to use the feedback you provide to Information Machine LLC in any way. Information Machine LLC will not sell, publish or share your feedback in a way that could identify you without your explicit permission.

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7. Use With Your Mobile Device

Use of these Service may be available through a compatible mobile device, Internet and/or network access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider. INFORMATION MACHINE LLC MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO:
(i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION;
(ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND
(iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.

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8. Rights You Grant to Us

By submitting information, data, passwords, usernames, PINs, other log-in information, materials and other content to Information Machine LLC through the Service, you are licensing that content to Information Machine LLC solely for the purpose of providing the Service. Information Machine LLC may use and store the content, but only to provide the Service to you. By submitting this content to Information Machine LLC, you represent that you are entitled to submit it to Information Machine LLC for use for this purpose, without any obligation by Information Machine LLC to pay any fees or other limitations.

By using the Service, you expressly authorize Information Machine LLC to access your Account Information maintained by identified third parties, on your behalf as your agent. When you use the “Add Accounts” feature of the Service, you will be directly connected to the website for the third party you have identified. Information Machine LLC will submit information including usernames and passwords that you provide to log you into the site. You hereby authorize and permit Information Machine LLC to use and store information submitted by you to the Service (such as account passwords and user names) to accomplish the foregoing and to configure the Service so that it is compatible with the third-party sites for which you submit your information. For purposes of this Agreement and solely to provide the Account Information to you as part of the Service, you grant Information Machine LLC a limited power of attorney and appoint Information Machine LLC as your attorney-in-fact and agent, to access third party sites, retrieve and use your information with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN INFORMATION MACHINE LLC IS ACCESSING AND RETRIEVING ACCOUNT INFORMATION FROM THIRD PARTY SITES, INFORMATION MACHINE LLC IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY. You understand and agree that the Service is not sponsored or endorsed by any third parties accessible through the Service.

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9. Information Machine LLC’s Intellectual Property Rights

The contents of BagIQ.com, including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under both United States and other applicable copyright, trademark and other laws. The contents of BagIQ.com belong or are licensed to Information Machine LLC or its software or content suppliers. Information Machine LLC grants you the right to view and use BagIQ.com subject to these terms. You may download or print a copy of information provided on BagIQ.com for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from BagIQ.com in whole or in part for any other purpose is expressly prohibited without our prior written consent.

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10. Access and Interference

You agree that you will not:

  • Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor BagIQ.com or any portion of BagIQ.com, without Information Machine LLC’s express written consent, which may be withheld in Information Machine LLC’s sole discretion;
  • Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search BagIQ.com, other than the search engines and search agents available through the Service and other than generally available third-party web browsers (such as Microsoft Explorer);
  • Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of BagIQ.com or the Service; or
  • Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of BagIQ.com or the Service.

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11. Rules for Posting

As part of the Service, Information Machine LLC allows Members to post content on bulletin boards, blogs and at various other publicly available locations on BagIQ.com. These forums may be hosted by Information Machine LLC or by one of our third-party service providers on Information Machine LLC’s behalf. You agree in posting content to follow certain rules.

  • You are responsible for all content you submit to BagIQ.com.
  • By submitting content to us, you represent that you have all necessary rights and hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the content in connection with BagIQ.com and our business, including without limitation for promoting and redistributing part or all of the site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User a non-exclusive license to access your posted content through BagIQ.com, and to use, reproduce, distribute, prepare derivative works of, display and perform such content as permitted through the functionality of BagIQ.com and under this Agreement.
  • You may not post or transmit any message which is libelous or defamatory, or which discloses private or personal matters concerning any person. You may not post or transmit any message, data, image or program that is indecent, obscene, pornographic, harassing, threatening, abusive, hateful, racially or ethnically offensive; that encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; or that is otherwise inappropriate.
  • You may not post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.
  • You may not interfere with other Users’ use of the Service, including, without limitation, disrupting the normal flow of dialogue in an interactive area of BagIQ.com, deleting or revising any content posted by another person or entity, or taking any action that imposes a disproportionate burden on the Service infrastructure or that negatively affects the availability of the Service to others.
  • Except where expressly permitted, you may not post or transmit charity requests; petitions for signatures; franchises, distributorship, sales representative agency arrangements, or other business opportunities (including offers of employment or contracting arrangements); club memberships; chain letters; or letters relating to pyramid schemes. You may not post or transmit any advertising, promotional materials or any other solicitation of other users to use goods or services except in those areas (e.g., a classified bulletin board) that are designated for such purpose.
  • You agree that any employment or other relationship you form or attempt to form with an employer, employee, or contractor whom you contact through areas of BagIQ.com that may be designated for that purpose is between you and that employer, employee, or contractor alone, and not with us.
  • You may not copy or use personal identifying or business contact information about other Users without their permission. Unsolicited e-mails, mailings, telephone calls, or other communications to individuals or companies whose contact details you obtain through the Service are prohibited.
  • You agree that we may use any feedback, suggestions, or ideas you post in any way, including in future modifications of the Service, other products or services, advertising or marketing materials. You grant us a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to us in any way.
  • • You acknowledge that Information Machine LLC uses our third-party service provider, User Voice, Inc. (“User Voice”) to help us provide, host and operate the “Feedback” area of the Service. You agree that if you choose to participate in, or post content to, the “Feedback” area of the Service (located at the domain bagIQ.uservoice.com), such as by posting a new topic, following a topic or replying to an existing topic, then you agree to also comply with User Voice’s Terms of Use and Security and Compliance, in addition to the terms of this Agreement.

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12. Social Media Sites

Information Machine LLC may provide experiences on social media platforms such as Facebook®, Twitter® and LinkedIn® that enable online sharing and collaboration among users who have registered to use them. Any content you post, such as pictures, information, opinions, or any Personal Information that you make available to other participants on these social platforms, is subject to the Terms of Use and Privacy Policies of those platforms. Please refer to those social media platforms to better understand your rights and obligations with regard to such content.

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13. Disclaimer of Representations and Warranties

THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH BAGIQ.COM OR PROVIDED THROUGH THE SERVICE (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. INFORMATION MACHINE LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF BAGIQ.COM OR OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.

INFORMATION MACHINE LLC MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON BAGIQ.COM OR OF THE SERVICE (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. INFORMATION MACHINE LLC MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.

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14. Alert Disclaimer

You understand and agree that any alerts provided to you through the Service may be delayed or prevented by a variety of factors. Information Machine LLC does its best to provide alerts in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any alert. You also agree that Information Machine LLC shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.

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15. Limitations on Information Machine LLC’s Liability

INFORMATION MACHINE LLC SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO BAGIQ.COM, YOUR USE OF THE SERVICE OR THIS AGREEMENT, EVEN IF INFORMATION MACHINE LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, INFORMATION MACHINE LLC’S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $500.00 (FIVE HUNDRED UNITED STATES DOLLARS).

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16. Your Indemnification of Information Machine LLC

You shall defend, indemnify and hold harmless Information Machine LLC and its officers, directors, shareholders, and employees, from and against all claims and expenses, including but not limited to attorney’s fees, in whole or in part arising out of or attributable to any breach of this Agreement by you.

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17. Ending your relationship with Information Machine LLC

This Agreement will continue to apply until terminated by either you or Information Machine LLC as set out below. If you want to terminate your legal agreement with Information Machine LLC, you may do so by closing your account for the Service.

Please use the directions below to cancel your account:

  • Login to your BagIQ.com account.
  • Go to “Your account”.
  • Locate the “delete my BagIQ account” option under “Basic Info”.
  • Press “Yes”
  • Your account will be closed and your ability to log in deactivated immediately. Your BagIQ.com account data will be removed within 48 hours subject to and as explained in our Privacy Policy.

Information Machine LLC may at any time, terminate its legal agreement with you:

a. if you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to or are unable to comply with the provisions of this Agreement);
b. if Information Machine LLC in its sole discretion believes it is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); or
c. immediately upon notice, to the e-mail address provided by you as part of your Registration Information.

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18. Modifications

Information Machine LLC may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the BagIQ.com site. In addition, the Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Service after those changes are posted.

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19. Governing Law and Forum for Disputes

This Agreement, and your relationship with Information Machine LLC under this Agreement, shall be governed by the laws of the State of New York without regard to its conflict or choice of law’s provisions. Any dispute with Information Machine LLC, or its officers, directors, employees, agents or affiliates, arising under or in relation to this Agreement shall be resolved exclusively through the small-claims court of the Superior Court of New York within the county of Kings, New York, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case Information Machine LLC may seek such relief in any court with jurisdiction over the parties. You understand that, in return for agreement to this provision, Information Machine LLC is able to offer the Service at the terms designated, without charge to you, and that your assent to this provision is an indispensable consideration to this Agreement.

You also acknowledge and understand that, with respect to any dispute with Information Machine LLC, its officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Service or this Agreement:

  • YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and
  • YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.

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20. Miscellaneous

If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.

You agree that if Information Machine LLC does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which Information Machine LLC has the benefit of under any applicable law), this will not be taken to be a formal waiver of Information Machine LLC’s rights and that those rights or remedies will still be available to Information Machine LLC.

All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.

This Agreement represents the entire understanding and agreement between you and Information Machine LLC regarding the subject matter of the same and supersedes all other previous agreements.

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