Terms & Conditions

CRM Metrix owns and operates the Internet site located at http://www.americaninnovates.com , located on servers in the United States. By accessing, browsing and/or using the pages in this Site, you agree to these terms and conditions (“Terms and Conditions”). This agreement contains disclaimers and other provisions that limit our liability to you. If you do not agree to these Terms and Conditions, do not access, browse or use this Site.

Grant and Restrictions on Use

The materials published on this Site, and any other website owned, operated, licensed, or controlled by CRM Metrix or any of its related, affiliated or subsidiary companies (collectively the "Materials") may not be copied or distributed, republished, uploaded, posted or transmitted in any way, except as otherwise permitted by CRM Metrix or any of its relevant related, affiliated or subsidiary company or companies, as the case may be.

CRM Metrix hereby grants you a limited license to use the Materials, features and services provided by CRM Metrix on this Site, solely for your personal, non-commercial use, to post any idea (“Idea”), comment or other material, subject to these Terms and Conditions. All of the Materials available on this Site are proprietary and the subject of copyright and author’s rights and nothing herein shall be construed as conferring in any manner, whether by implication, estoppel or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property right.

Acceptable Use Idea

You are prohibited from transmitting any “sensitive” personally identifiable information over the Site, which may include, but not be limited to, any information about yourself or another person that may relate to health or medical conditions, social security numbers or national identifiers, credit card, bank account or other financial information, other information concerning trade union membership, sex life, political opinions, criminal charges or convictions, religious or philosophical beliefs, racial or ethnic origin, or other sensitive matters (“Sensitive Personal Information”). You are also prohibited:

1. from using the Site to send or post harassing, abusive, or threatening messages;
2. transmit through the Web Site any information, data, text, files, links, software, or other materials that CRM Metrix considers to be unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, hateful, racially, ethnically or otherwise objectionable or which threatens our relationships with our partners, customers or suppliers;
3. from attempting to conceal or misrepresent the identity of the sender or person submitting the information;
4. disrupting the normal flow of the Site, including any dialogue on the Site or otherwise act in a manner that negatively affects other participants;
5. from sending spam or other direct marketing communications or posting, transmitting or linking to any unsolicited advertising, promotional materials, or any other forms of solicitation or commercial content;
6. intentionally or unintentionally performing or promoting any activity that would violate any applicable local, state, national or international law, including but not limited to any regulations having the force of law while using or accessing the Site;
7. posting or transmitting executable programming of any kind, including viruses, spyware, trojan horses, easter eggs, or any other form of computer programming;
8. posting Submissions or using the Site in such a way that damages the image or rights of CRM Metrix, other Users or third parties; and
9. from creating any frames at any other Sites pertaining to any portions of this Site.

User Submissions

You give CRM Metrix a non-exclusive, free, worldwide license for the duration of the applicable author’s rights, to publish your remarks, ideas, graphics, photographs or other information communicated to CRM Metrix through this Site (together, the "Submission"). In addition to the right to publish, CRM Metrix is also granted under said license the following rights, without limitation:

1. the right to reproduce;
2. the right to transfer, which includes the distribution via computer and networks;
3. the right to edit, modify, adapt, arrange, improve, correct, translate, in all or in part;
4. the right to update/upgrade by adding or removing; and
5. the right to film, perform or post the Submission in any media. Except as described in our Privacy Idea, CRM Metrix will not be required to treat any Submissions as confidential.

Your Submission, including any personally identifiable information, is voluntary and subject to the Privacy Idea. You are responsible for the content of the Submission and agree to defend (at CRM Metrix option and at your sole expense), indemnify and hold CRM Metrix harmless from any damages, losses, costs, or expenses, including attorneys' fees, which CRM Metrix may incur as a result of your Submission. If you are viewing this Site on a public computer or are otherwise using a computer to which multiple people have potential access, be sure to follow all relevant instructions to ensure you are sufficiently disconnected and logged off this Site and the computer system you are using to prevent unauthorized Submissions. CRM Metrix retains the right to review, edit or delete from this Site any Submission which CRM Metrix in its sole discretion considers illegal, offensive or otherwise inappropriate.

Do to the volume of responses, it is not possible for us to respond to or publish every Submission made to the Site. By making a Submission to the Site, you hereby represent and warrant that:

1. you either own or control all of the rights to the content submitted;
2. you have obtained permission from the owner of the content to submit the information; and
3. that you have received all necessary permissions from any person mentioned in Submission to submit such information to the Site to be used in accordance with these Terms of Use.

Submission of Ideas

The submission of your Idea to CRM Metrix is entirely voluntary, non-confidential, gratuitous and non-committal. You grant CRM Metrix and its designees a perpetual, irrevocable, non-exclusive fully-paid up and royalty-free license to use any ideas, expression of ideas or other materials you submit (collectively, “Idea”) to CRM Metrix and americaninnovates.com without restrictions of any kind and without any payment or other consideration of any kind, or permission or notification, to you or any third party. The license shall include, without limitation, the irrevocable right to reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, license the Idea, and all rights therein, in the name of CRM Metrix, or its designees throughout the universe in perpetuity in any and all media now or hereafter known. You understand that CRM Metrix may be working on the same or a similar Idea, that it may already know of such Idea from other sources, that it may simply wish to develop this (or a similar Idea) on its own or it may have taken/will take some other action. In return for CRM Metrix review and consideration of your Idea, you acknowledge that you have read, understand and agree to the terms enumerated below, and further agree that these terms shall apply to any additional material previously or later submitted, until such time as CRM Metrix otherwise agrees in writing:

1. To the best of your knowledge, the Idea represents your own original work, you have all necessary rights to disclose the Idea to CRM Metrix and in doing so or CRM Metrix review and/or use of the Idea, will not infringe upon any other individual’s or entity’s whose rights.
2. You understand that disclosure of your Idea to CRM Metrix does not establish a confidential relationship or obligate CRM Metrix to treat the Idea (or any related materials) as secret or confidential.
3. You understand that CRM Metrix has no obligation, either express or implied, to develop or use your idea and that no compensation is due to you or anyone else for any inadvertent or intentional use of that Idea, related Ideas or Ideas derived from your Idea. You understand that CRM Metrix assumes no obligation with respect to any Idea unless and until CRM Metrix enters into a written contract with you, and then only as expressed in that contract. For your own protection, we assume that you will rely on whatever patent protection you may want to secure, or have already secured, in your idea. In the absence of a separate formal contract, your rights shall be limited to those existing under the patent laws of the United States.
4. If your Idea is the subject of a pending or issued patent, you have disclosed or will disclose that fact to CRM Metrix. To the extent you hold a patent in the Idea, CRM Metrix acknowledges that no license under any patent is herein granted to CRM Metrix. Any license to use a patented Idea shall be in the form of a written contract, in which event CRM Metrix obligations shall be only those expressed in such contract.
5. CRM Metrix will give your Idea such consideration as is warranted by its sole judgment. CRM Metrix review of your Idea shall not be construed as any recognition of the novelty or originality of the Idea. CRM Metrix is not obligated to give reasons for rejecting your Idea or to reveal CRM Metrix activities that are related to the subject matter of the submitted Idea.
6. Neither the discussion or negotiations between CRM Metrix and you relating to the possible purchase or license of the Idea, nor the making of any offer for the purchase or license of the Idea, shall prejudice CRM Metrix in any way, or be construed as recognition of the novelty, originality, priority, other rights or value of the submitted Idea. Further, CRM Metrix consideration or its discussions or negotiations with you will not in any way impair CRM Metrix right to contest the validity or infringement of your rights.
7. You acknowledge and declare that (a) you have read and fully understand these terms and appreciate the nature, extent and consequences of this Agreement, (b) the submission of my Idea to CRM Metrix is entirely voluntary, and (c) CRM Metrix, directly or indirectly, may (i) be working on the same Idea or a similar Idea to the Idea, or (ii) already know of such Idea from other sources, or (iii) simply wish to develop this Idea or as similar to the Idea on its own.
8. You agree that, except to the extent that these terms are superseded by a separate agreement in writing by you and CRM Metrix, you hereby irrevocably release and forever discharge CRM Metrix and its affiliates and subsidiaries from any and all actions, causes of actions, claims, damages, liabilities and demands, whether absolute or contingent and of any nature whatsoever, which you now have or hereafter can, shall or may have against CRM Metrix and its affiliates and subsidiaries or their respecting successors and assigns with respect to the Idea, including without limitation in respect of how CRM Metrix and its affiliates and subsidiaries, directly or indirectly, use the Idea, with the sole exception in respect of the foregoing release and discharge being your right to bring a claim of patent infringement.

Access to Site

CRM Metrix reserves the right to review your Submissions in order to ensure compliance with these Terms and Conditions and our Privacy Idea. CRM Metrix reserves the right to deny or revoke access to this Site, or any part thereof, at any time in its sole discretion, with or without cause. Your access to this Site will terminate upon the termination of these Terms and Conditions for any reason. While CRM Metrix endeavors to ensure that this Site is available at all times, CRM Metrix shall not be liable if, for any reason, this Site is unavailable at any time or for any period.

Disclaimer

The materials and information on this Site may include technical inaccuracies or typographical errors. CRM Metrix may make changes or improvements at any time without notice. The materials, information and services on this Site are provided "as is" without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by applicable law, CRM Metrix provides this Site on the basis that CRM Metrix excludes all representations, warranties, conditions and other terms (including without limitation, the conditions implied by law of satisfactory quality, fitness for a particular purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to the Site.

Liability

To the maximum extent permitted by applicable law, CRM Metrix, any other party (whether or not involved in creating, producing, maintaining or delivering the Site) and the officers, directors, employees, shareholders or agents of CRM Metrix exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damage or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damage arising from or connected in any way to business interruption and whether in tort (including without limitation negligence, contract or otherwise) in connection with the Site in any way or in connection with the use, inability to use, or the results of use of the site, any websites linked to the Ste, or the material on such websites, including but not limited to loss or damage due to viruses that affect your computer equipment, software, data or other property on account of your access to, use of or browsing the Site or your downloading of any material from the Site or any website linked to the Site.

Nothing in these Terms and Conditions shall exclude or limit CRM Metrix liability for (i) fraud; willful misconduct or gross negligence; (ii) death or personal injury caused by its negligence; or (iii) any liability which cannot be excluded or limited by law.

Jurisdiction and Compliance with Laws

Access to and use of this Site and these Terms and Conditions are governed by U. S. federal law and/or the laws of the State of New Jersey, U.S.A. Any legal action or proceeding relating to your access to, or use of the Site or these Terms and Conditions shall be instituted only in a state or federal court located in the State of New Jersey, U.S.A. You and CRM Metrix agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.

Waiver

The delay or omission by either party to enforce or exercise any terms or right pursuant to these Terms and Conditions will not impair any such term or right nor be construed to be a waiver thereof and shall in no way affect the other party’s right later to enforce it. Any waiver by either party of any covenants, conditions or agreements to be performed by the other party will not be construed to be a waiver of any succeeding breach thereof or any covenant, conditions or agreement herein contained.

Miscellaneous

If any part of these Terms and Conditions is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity or enforceability of any remaining provisions. Any information related to your use of this Site for illegal purposes will be provided to law enforcement authorities. These Terms and Conditions and the Privacy Idea constitute the entire agreement between the parties relating to the use of this Site and supersede and replace any prior agreement and communication between the parties, except as otherwise set forth above. Save as provided in these Terms and Conditions, you shall have no remedy in respect of any untrue statement (whether written or oral) made to you upon which you rely in agreeing to these Terms and Conditions (a “Misrepresentation”) and CRM Metrix shall have no liability to you other than pursuant to these express Terms and Conditions. Nothing in these Terms and Conditions shall exclude or limit CRM Metrix’s liability for any Misrepresentation knowing it was untrue.

In the event you browse, access or use another Site hosted by CRM Metrix or its affiliates, you may be subject to alternative terms and conditions of use, as may be specified on such Site. In such event, the terms and conditions of use applicable to that Site will govern your use of the Site.

Digital Millennium Copyright Act (“DMCA”) Notice.

In operating the Site, CRM Metrix may act as a “services provider” (as defined by DMCA) and offer services as online provider of materials and links to third-party websites. As a result, third-party materials that CRM Metrix does not own or control may be transmitted, stored, accessed or otherwise made available using the Site. CRM Metrix has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site. CRM Metrix has adopted a policy that provides for the immediate removal of any content or the suspension of any user that is found to have infringed on the rights of CRM Metrix or of a third party, or that has otherwise violated any intellectual property laws or regulations, or these Terms. If you believe any material available via the Site infringes a copyright, you should notify CRM Metrix using the notice procedure for claimed infringement under the DMCA (17 U.S.C. Sect. 512(c)(2)). CRM Metrix will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the Content. CRM Metrix designated agent (i.e., proper party for notice) to whom you should address infringement notices under the DMCA is Customer Care, CRM Metrix, 700 Plaza Drive, 2nd Floor, Secaucus, NJ 07094 and email to info@americaninnovates.com.

Please provide the following notice:

1. Identify the copyrighted work or other intellectual property that you claim has been infringed;
2. Identify the material on the Site that you claim is infringing, with enough detail so that CRM Metrix may locate it on the Site;
3. 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;
4. A statement by you declaring under penalty of perjury that (a) the above information in your notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
5. Your address, telephone number, and email address; and
6. Your physical or electronic signature.

CRM Metrix may give notice to its users of any infringement notice by means of a general notice on any of its websites, electronic mail to a user's email address in its records, or by written communication sent by first-class mail to a user's physical address in its records. If you receive such an infringement notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:

1. Your physical or electronic signature;
2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

Modifications to Terms and Conditions

CRM Metrix can revise these Terms and Conditions at any time by modifying or updating this posting, except where other notice or consent is required by law. Your use of this Site on or after the effective date of any such modification or update will constitute your acceptance of these Terms and Conditions as modified and/or updated. These Terms and Conditions were last revised on October 1st, 2010.

Contact Us

Please feel free to contact us with any comments, questions or suggestions you might have regarding the information described in this Site.

You may contact us at:

Customer Care
CRM Metrix, Inc.
700 Plaza Drive, 2nd Floor
Secaucus, NJ 07094
Phone: 1-201-617-7500
Fax: 1-201-617-8588