Last updated: April 6, 2023
These Terms and Conditions apply to your use of the SecretPrompter.com website and all other websites owned and operated by Infinity Partners, Inc.. These Terms and Conditions also apply to your purchase and use of all Infinity Partners, Inc., and Secret Prompter products and services.
Secret Prompter is a business segment of Infinity Partners, Inc. The Secret Prompter business sector develops and sells innovative products and services for speakers, actors other professionals. These Terms and Conditions are entered into between you and Infinity Partners, Inc., (“Infinity Partners, Inc.” or “we” or “our”). The following terms and conditions (these “Terms”) govern your access to and use of www.SecretPrompter.com and all other websites owned and operated by Infinity Partners, Inc., including any content, functionality, and services offered on or through those sites (“Websites”). These Terms also govern the sale and use of the Secret Prompter/Infinity Partners, Inc., and third-party products made available through the Websites (“Products”), regardless of the date of purchase. Please note that Products often include a combination of hardware, materials or accessories, and embedded firmware and other software code.
PLEASE NOTE: Your access to and use of the Websites and Products are subject to these Terms, as well as all applicable laws and regulations. Please read these Terms carefully. If you do not accept and agree to be bound by these Terms, you are not authorized to access or otherwise use the Websites or purchase or use any Products. By using the Websites, by clicking to accept or agree to the Terms, or by purchasing or using a Product, you accept and agree to be bound by these Terms. You and Infinity Partners, Inc., acknowledge that you both have entered into these Terms in consideration of the mutual covenants in these Terms and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged. If you do not want to agree to these Terms, you must not access or use the Websites or purchase or use any Products. The Websites are intended for use only by users who are at least 18 years old.
Accounts
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
Accessing the Websites
We reserve the right to withdraw or amend the Websites, and any Products or material we provide on the Websites, in our sole discretion without notice. We will not be liable if all or any part of any of the Websites are, or if any Products are, unavailable at any time or for any period or for any reason. From time to time, we may restrict access to some parts of the Websites, or an entire Website, to users, including registered users. If you choose, or are provided with, a user name, password, or any other piece of information as part of our login or checkout procedures, you must treat that information as confidential, and you must not disclose it to any other person or entity.
You also acknowledge that your account is personal to you and agree not to provide any other person with access to any Infinity Partners, Inc. Website, including SecretPrompter.com, or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. We may disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time, in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
Usage Data
To access Infinity Partners, Inc., Websites or purchase Products, you may be asked to provide certain registration details or other information, and you agree that Infinity Partners, Inc., will collect and use data and information through your use of the Website (“Usage Data”). Our use and collection of Usage Data is governed by our Privacy Policy, and you consent to all actions we take with respect to Usage Data consistent with our Privacy Policy. You hereby grant Infinity Partners, Inc., and its sublicensees a worldwide, royalty-free, non-exclusive, fully paid-up, transferable, sublicensable, perpetual and irrevocable license to use, distribute, transmit, reproduce, modify, publish, translate, publicly perform, display, and create derivative works of Usage Data in order to provide the Website to you and for other Infinity Partners, Inc., business purposes.
Purchases
If you purchase any Products, you agree to allow Infinity Partners, Inc.’s payment affiliates or service providers to process and store your payment card information. You also agree to pay the applicable fees for the Products as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts. All fees and charges are non-refundable. Please note that some Products may not be available in all jurisdictions.
Intellectual Property
Infinity Partners, Inc., (or its licensors or vendors) own all intellectual property rights and associated know-how in and to the Websites and Products (including all hardware, software, contents, features, functionality, text, displays, images, video, audio, and the design, selection, and arrangement of those things). The Websites and Products are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Infinity Partners, Inc., grants Product purchasers a limited, personal, non-transferable, non-sublicensable right and license to use the intellectual property contained in the Products in accordance with these Terms.
You may use the Products for personal enjoyment and in public speeches and performances.
You shall not copy, reproduce, reverse engineer, decompile, disassemble, distribute, modify, adapt, disclose the functionality or operation of, or create derivative works of any Product, or develop products designed to mimic the features or functionality of, or effects or illusions created by, the Products. Among other things, this means that you may not circumvent the normal operation of the Products (e.g., by decoding the wireless communication encoding included in certain Products) or disclose how the Products work.
Also, you must not reproduce, distribute, modify, adapt, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Websites without our prior written consent.
Under no circumstances will you acquire any ownership rights or other interest in any content on our Websites or the intellectual property rights in the Products by or through your use of our Websites or purchase of a Product (except for the limited license in the preceding paragraph). The Infinity Partners, Inc., name, logo, and all related names, logos, product and service names (including Secret Prompter), designs, and slogans are trademarks of Infinity Partners, Inc., or its affiliates or licensors. You may not use those names or marks without Infinity Partners, Inc.’s prior written permission. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
Permitted Uses
You may use the Websites and Products only for lawful purposes and in accordance with these Terms. You agree that you will not (a) use the Website or Products in any way that violates any applicable federal, state, local, or international law or regulation, (b) use the Websites or Products for any unauthorized, fraudulent, or malicious purpose, (c) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of our Websites or Products, or which, as determined by us, may harm Infinity Partners, Inc., or users of the Websites or Products or expose them to liability, (d) use the Websites in any manner that could disable, overburden, damage, or impair the site, (e) use any robot, spider, scraper, bot or other automatic device, process, or means to access the Websites for any purpose, including monitoring, scraping, framing or copying any of the material on the Websites, (f) access systems, data or information not intended by us to be made accessible to a user, (g) obtain or attempt to obtain any materials or information through any means not intentionally made available by us; or (f) use the Websites or Products for any use other than the business purpose for which it was intended.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Infinity Partners Inc..
Infinity Partners Inc. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Infinity Partners Inc. 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 web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Limited Warranty and DISCLAIMER
Infinity Partners, Inc., warrants to you that the Products will be free from material defects in materials or workmanship for one year from the date of purchase. If your Product is defective, please contact Infinity Partners, Inc., (see the How to Contact Infinity Partners, Inc., section below) to arrange for return of your Product, at your expense. If we determine that the Product is defective following return of the Product, we will (as our sole and exclusive obligation and your sole and exclusive remedy) provide you with a replacement Product at no cost.
EXCEPT FOR THE LIMITED WARRANTY IN THIS SECTION, YOUR USE OF THE WEBSITES AND PRODUCTS IS AT YOUR SOLE RISK, AND ALL CONTENT, PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS. INFINITY PARTNERS, INC., MAKES NO OTHER WARRANTY, REPRESENTATION, OR CONDITION, EXPRESS OR IMPLIED, AND EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. INFINITY PARTNERS, INC., MAKES NO WARRANTY THAT THE WEBSITE, CONTENT OR PRODUCTS ARE ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE, OR THAT ANY PROBLEMS WILL BE CORRECTED. NO INFINITY PARTNERS, INC., DEALER, AGENT, DISTRIBUTOR OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS DISCLAIMER.
Limitation of Liability and Indemnity
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT, CONTRACT OR OTHERWISE, WILL INFINITY PARTNERS, INC., OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR (A) ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY TYPE INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOSS OF PROFITS OR REVENUE, LOSS OF DATA, FAILURE OR MALFUNCTION OF A PRODUCT, PHYSICAL INJURY OR HEARING LOSS, (B) ANY AND ALL OTHER DAMAGES OR LOSSES IN EXCESS OF THE AMOUNT PAID BY YOU FOR THE APPLICABLE PRODUCT GIVING RISE TO LIABILITY, EVEN IF INFINITY PARTNERS, INC., HAS BEEN INFORMED OF THE POSSIBILITY OF HIGHER DAMAGES. INFINITY PARTNERS, INC., IS NOT LIABLE FOR ANY LOSS, DAMAGES, ILLNESSES OR INJURIES CAUSED BY USE, IMPROPER USE OR MISUSE OF ANY PRODUCTS. THE USE OF THE SECRET PROMPTER IS AT THE SOLE DISCRETION AND RISK OF THE USER. INFINITY PARTNERS, INC. CANNOT BE HELD LIABLE FOR ANY DAMAGES, ILLNESSES OR INJURIES CAUSED BY THE USE OR MISUSE OF OUR PRODUCTS.
You agree to defend, indemnify, and hold harmless Infinity Partners, Inc.,, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any third-party claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Website or Products.
Termination
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Electronic Communications
When you visit the Websites or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Websites. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that those communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms.
Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Governing Law
These Terms shall be governed and construed in accordance with the laws of United States without regard to its conflict of law provisions.
These Terms, and any disputes arising out of them, are governed by the laws of the State of Tennessee. You and Infinity Partners, Inc., agree to submit to the exclusive jurisdiction of the federal and state courts located in the State of Tennessee, USA. You and Infinity Partners, Inc., expressly disclaim the applicability of the United Nations Convention on Contracts for the International Sale of Goods (CISG). If any provision of these Terms is held by a court of competent jurisdiction to be unenforceable or otherwise contrary to applicable law, you and Infinity Partners, Inc., intend that all remaining provisions of these Terms remain in full force and effect. For example, if a limitation or restriction is unenforceable, we both intend for all remaining limitations and restrictions to continue to bind us.
Changes
Changes to the Terms. Infinity Partners, Inc., may update these Terms from time to time without advance notice by posting the revised Terms here. Your continued use of the Websites after the Terms are updated will constitute your acceptance of the updated Terms. You are encouraged to review the Website and these Terms periodically for updates and changes. If you do not agree to the updated Terms, you must stop using the Websites, and using or purchasing Products. Unless otherwise indicated, any new content, Products or services added to the Website will also be subject to these Terms effective upon the date of the addition. You can review the most current version of these Terms at any time at https://secretprompter.com/wpautoterms/terms-and-conditions-2/. We reserve the right, at our sole discretion, to modify or replace these Terms at any time.
How to Contact Infinity Partners, Inc.
If you have any questions about these Terms and Conditions, please contact us by telephone at +1-615-333-7546 or by email at info@ipinc.us.