We provide services to you subject to the notices, terms, and conditions set forth in this agreement. Besides, you will obey the rules, guidelines, policies, terms, and conditions applicable to such services before you use them. We reserve the right to change this site and these terms and conditions at any time.
Before proceeding, please read this agreement because accessing, browsing, or otherwise using the Site indicates your agreement to all the terms and conditions in this agreement.
You shall not upload, distribute, or otherwise publish through this Site any Content, information, or other material that (a) includes any bugs, viruses, worms, trap doors, Trojan horses, or other harmful code or properties; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, discriminatory, or could give rise to any civil or criminal liability under the laws of the U.S. or the laws of any other country that may apply; or (c)violates or infringes upon the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person. immaculon.com may give you an account identification and password to enable you to access and use certain portions of this Site. Each time you use a password or identification, you are deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this agreement, and immaculon.com has no obligation to investigate the source of any such access or use of the Site.
By accepting these Terms of Use through your use of the Site, you certify that you are 18 years of age or older. If you are under 18 years old please use this Site only under the supervision of a parent or legal guardian. Subject to the terms and conditions of this agreement, hereby grants you a limited, revocable, non-transferable, and non-exclusive license to access and use the Site by displaying it on your Internet browser only for the purpose of shopping and not for any commercial use or use on behalf of any third party, except as explicitly permitted by immaculon.com in advance. Any violation of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
Unless explicitly permitted by our company in advance, all materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Site (collectively, the “Contents”) are intended solely for personal, non-commercial use. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business. We reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if we believe that customer conduct violates applicable laws or is harmful to our interests. You may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile, or otherwise exploit this Site or any portion of it unless expressly permitted by our company in writing.
You will be solely responsible for all access to and use of this site by anyone using the password and identification originally assigned to you whether or not such access to and use of this site is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including without limitation financial obligations) incurred through such access or use. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify immaculon.com of any unauthorized use of your password or identification or any other breach or threatened breach of this Site’s security.
YOU MAY NOT COPY, REPRODUCE, RECOMPILE, DECOMPILE, DISASSEMBLE, REVERSE ENGINEER, DISTRIBUTE, PUBLISH, DISPLAY, PERFORM, MODIFY, UPLOAD TO, CREATE DERIVATIVE WORKS FROM, TRANSMIT OR IN ANY WAY EXPLOIT ALL OR ANY PART OF THE SITES, EXCEPT AS EXPRESSLY PROVIDED HEREIN. THE CONTENTS OF THE SITES MAY NOT BE RECIRCULATED, REDISTRIBUTED OR PUBLISHED BY YOU WITHOUT IMMACULON’S PRIOR WRITTEN CONSENT. IF YOU DOWNLOAD ANY INFORMATION OR SOFTWARE FROM THE SITES, YOU AGREE THAT YOU WILL NOT COPY IT OR REMOVE OR OBSCURE ANY COPYRIGHT OR OTHER NOTICES OR LEGENDS CONTAINED IN ANY SUCH INFORMATION. MODIFICATION OF ANY OF THE CONTENT BY YOU WOULD BE A VIOLATION OF IMMACULON’S COPYRIGHT AND OTHER PROPRIETARY RIGHTS. YOU MAY NOT USE THE SITES FOR ANY ILLEGAL PURPOSE OR IN ANY MANNER INCONSISTENT WITH APPLICABLE LAW OR THESE TERMS OF USE. YOU MAY NOT OFFER ANY PART OF THE SITES FOR SALE OR DISTRIBUTE THEM OVER ANY OTHER MEDIUM INCLUDING BUT NOT LIMITED TO TELEVISION OR RADIO BROADCAST, A COMPUTER NETWORK OR HYPERLINK FRAMING ON THE INTERNET WITHOUT THE PRIOR WRITTEN CONSENT OF IMMACULON. YOU MAY NOT USE ANY OF IMMACULON’S TRADEMARKS, TRADE NAMES OR SERVICE MARKS IN A MANNER THAT SUGGESTS THAT SUCH NAMES AND MARKS BELONG TO OR ARE ASSOCIATED WITH YOU OR ARE USED WITH IMMACULON’S CONSENT, AND YOU ACKNOWLEDGE THAT YOU HAVE NO OWNERSHIP RIGHTS IN AND TO ANY OF THESE NAMES AND MARKS. YOU WILL NOT USE ANY OF THE SITES OR THE CONTENT IN UNSOLICITED MAILINGS OR SPAM MATERIAL. YOU WILL NOT SPAM OR SEND UNSOLICITED MAILINGS TO ANY PERSON OR ENTITY USING ANY OF THE SITES. YOU AGREE TO COMPLY WITH ANY OTHER APPLICABLE TERMS AND CONDITIONS SET FORTH ON THE SITES OR IMMACULON’S INSTRUCTION PROVIDED FROM TIME TO TIME.
You represent and warrant that:
• you will not use or access our Sites or Content if you are not able to form legally binding contracts (for example, if you are under 18 years old);
• you are the person to whom the User Codes you used to access the Sites were issued by us and the information you provided to us in connection with the issuance of the User Codes, if any, was and is true, accurate, current and complete;
• if you are accessing the Sites on behalf of the company or organization to whom the User Codes you used to access the Sites were issued by us, you are duly authorized by all necessary action and have all consents, rights and authority to bind that company or organization to these Terms of Use, and you agree to these Terms of Use on that company’s or organization’s behalf;
• you will not reverse engineer, de-compile or reverse compile any of our technology, associated with any of the Sites and/or the Content;
• unless we expressly authorize you to do so in writing, you will not use, reproduce, duplicate, copy, sell, resell, distribute, publish or exploit for any commercial purposes any portion of any of the Sites and/or the Content;
• you will access and use the Sites in compliance with any and all applicable law(s), rules(s) or regulation(s) (whether in the United States or other countries) and in accordance with these Terms of Use; and
• you have all consents, rights and authority to provide and submit any and all information and content provided and submitted by you using the User Codes, the Sites and/or the Content and all such information and content: (1) is true, accurate, current and complete and we may rely on such information and content; (2) is not libelous, defamatory, indecent, obscene, harassing, hateful or violent; (3) is not meant to harm any IMMACULON Parties or any third party; (4) does not constitute or include viruses or other harmful codes; (5) as well as its anticipated uses, does not violate, infringe or misappropriate any copyright, patent, trademark or other proprietary rights, or right of publicity or privacy of any IMMACULON Parties or any third party; and (6) does not violate these Terms of Use, or any applicable law, rule or regulation (whether of the United States or other countries).
You acknowledge that your submission of any information or content to us is at your own risk. None of the IMMACULON Parties will assume any liability to you with regard to any loss or liability relating to such information in any way.
The Sites are made available solely for information purposes and, with the exception of these Terms of Use or as otherwise indicated, is not intended to, and shall not, constitute any offer or acceptance with the respect to any transactions or other matters. Except for these Terms of Use, the Sites shall not create any legal relationship between you and IMMACULON. The Sites and the Content are subject to change at any time by IMMACULON without notice and IMMACULON reserves the right to modify, suspend, terminate or restrict any aspect or feature of any of the Sites and/or Content or your access to and/or use of the Sites and/or Content. If IMMACULON elects to modify, suspend, or discontinue any of the Sites, none of the IMMACULON Parties shall be liable to you or any third party. ANY USE OF THE SITES OR CONTENT IS AT YOUR OWN RISK. THE SITES AND THE CONTENT ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY OF THE SITES AND/OR THE CONTENT, OR IN RESPECT OF ANY MATERIALS OR PRODUCTS REFERRED TO ON THE SITES, OR NON- INFRINGEMENT. DIFFICULTIES IN ACCESS TO AND/OR USE OF THE SITES COULD INVOLVE, AMONG OTHERS, FAILURES, DELAYS, MALFUNCTION, SOFTWARE EROSION, INADVERTENT DISCLOSURE OF INFORMATION PROVIDED TO IMMACULON VIA THE SITES, OR HARDWARE DAMAGE, WHICH DIFFICULTIES COULD BE THE RESULT OF HARDWARE, SOFTWARE OR COMMUNICATION LINK INADEQUACIES OR OTHER CAUSES. SUCH DIFFICULTIES COULD LEAD TO POSSIBLE ECONOMIC AND/OR DATA LOSS. IMMACULON DOES NOT WARRANT THAT ANY OF THE SITES ARE COMPATIBLE WITH YOUR EQUIPMENT OR THAT ANY OF THE SITES ARE OR WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, INTERFERENCE, HACKING, ERRORS, VIRUSES, WORMS, OR OTHER SECURITY INTRUSION. IN NO EVENT SHALL IMMACULON PARTIES BE LIABLE FOR ANY DAMAGE YOU MAY SUFFER AS A RESULT OF ANY OF THE FOREGOING DIFFICULTIES. ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, ARE HEREBY EXCLUDED TO THE EXTENT PERMITTED BY LAW.
