Terms of Use Effective Date: January 21, 2014
The site (the "Site") is owned and operated by Impex Inc. and its Family of Businesses and Brands (collectively, "IMPEX"). These terms (these "Terms") are provided by IMPEX and applicable to all IMPEX operations at or through our websites, our mobile/table sites, our social media presence, our applications, and our stores.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE. YOUR USE OF THE SITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS. IF YOU DO NOT FULLY ACCEPT THESE TERMS, DO NOT USE THE SITE.
1. Use of the Site. The Site is a general purpose site and is not targeted towards children under the age of 13. By registering an account on the Site, you represent and warrant that you are 18 years of age or older. If we become aware that you are under the age of 18, we will terminate your registration.
You may use the Site solely for your personal, non-commercial use. You acknowledge and agree that we do not control the User Content (as defined herein) posted to the Site, or any links to other sites, including the content of any messages or posts, and that we do not guarantee the accuracy, integrity or quality of User Content. All User Content, including advice and opinions posted by users, comprises the views and responsibilities of those who post such User Content and does not necessarily represent our views. You understand that, by using the Site, you may be exposed to User Content that is offensive, indecent or objectionable. You are responsible for maintaining the confidentiality of your account and password information and for restricting access to such information and to your device. You agree to accept responsibility for all activities that occur under your account or password.
2. Revisions to these Terms. IMPEX may revise these Terms at any time and from time to time by updating this posting. You should visit this page from time to time to review the current Terms as they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages of the Site. Your continued use of the Site after any modifications indicates your acceptance of the modified Terms.
3. Products, Content and Specifications. All features, content, specifications, products and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products and services, including the applicable colors; however, the actual color you see depends on your device set-up, and we cannot guarantee that your device will accurately display such colors. The inclusion of any products or services on the Site at a particular time does not imply or warrant that these products or services will be available at any time.
4. Applicable Law. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any product or service purchased via the Site. By placing an order, you represent that the products or services ordered will be used only in a lawful manner and as intended by such manufacturer.
5. Shipping Limitations. When an order is placed, it will be shipped to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on the Site. All purchases from the Site are made pursuant to a shipment contract. As a result, risk of loss and title for products purchased from the Site pass to you upon delivery to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
6. Accuracy of Information. We attempt to ensure that information on the Site is complete, accurate and up to date. Despite our efforts, the information on the Site may occasionally be inaccurate, incomplete or out-of-date. We make no representation as to the completeness, accuracy or currency of any information on the Site. For example, products or services included on the Site may be unavailable, may have different attributes than those listed, or may carry a different price than what is stated on the Site. In addition, we may make changes in information about price and/or availability without notice. In the event of a pricing error or discrepancy on the Site, we reserve the right to cancel any such orders.
While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service of any order or to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
7. Intellectual Property. The Site design and all text, graphics, information, content and other material displayed on or that can be downloaded from the Site (excluding User Content) are either the property of, or used with permission by, IMPEX or our other service providers and licensors and are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms or with the prior written permission of the owner of such material. As a User of the Site you may post content, including reviews, profile information, photographs, video, messages or other materials ("User Content") and share it with other users. Subject to any licenses and rights expressly granted herein, any User Content posted by you is owned by you.
Certain trademarks, trade names, service marks and logos used or displayed on the Site are the property of IMPEX, its affiliates and/or our licensors. Nothing contained on the Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on the Site without the written permission of IMPEX or such third party owner.
8. Restrictions of Use of the Site. By using the Site, you agree that you will not:
1. Create or maintain any link from another site to any page on the Site without IMPEX prior written permission;
2. Run or display the Site or any material displayed on the Site in frames or through similar means on another site without IMPEX prior written permission;
3. Modify the information or materials located on the Site in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public or commercial purpose;
4. Use any robot, spider, site search application or other device to retrieve or index any portion of the Site;
5. Collect any information about other users, including usernames and email addresses;
6. Create or transmit to other users unsolicited electronic communications, such as spam, or otherwise interfere with other users' enjoyment of the Site;
7. Transmit or upload to the Site any item containing or embodying any virus, worm, defect, Trojan horse, software bomb or other feature designed to damage or degrade in any manner the performance of the Site;
8. Take any action that imposes, in our sole discretion, an unreasonable or disproportionately large load on the Site or the IT infrastructure used to operate the Site;
9. Submit to the Site any content that is unlawful or facilitates, constitutes, promotes or encourages illegal activity or otherwise use the Site to transfer or store illegal material; or
10. Use the Site or any User Content to violate any applicable local, state, federal or international law.
9. Third Party Links. From time to time, the Site may contain links to sites that are not owned, operated or controlled by IMPEX or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave the Site. Neither IMPEX nor any of its affiliates, service providers or suppliers are responsible for any content, materials or other information located on or accessible from any other site. Neither IMPEX nor any of its affiliates, service providers or suppliers endorse, guarantee, or make any representations or warranties regarding any other site; any content, materials or other information located or accessible from such sites; or any results that you may obtain from using such sites. If you decide to access any other site linked to or from the Site, you do so entirely at your own risk.
10. Inappropriate User Material. You are prohibited from posting or transmitting any content that:
1. Is unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material;
2. Promotes illegal activity, encourages conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violates any law;
3. Is patently offensive to users of the Site, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; or
4. Harasses or advocates harassment of another person or entity.
11. User Content Posted by You. User Content is and will be considered non-confidential and non-proprietary. You are solely responsible for any User Content you post, publish or display on the Site or transmit to users. You will post only User Content you believe in good faith to be true and accurate and you will not post to the Site any User Content that is false, inaccurate, misleading or fraudulent. IMPEX may, but is not obligated to, monitor or review any User Content. IMPEX shall have no obligations to use, return, review, or respond to any User Content. IMPEX will have no liability related to the content of any such User Content, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. IMPEX retains the right to remove any or all User Content for any or no reason. This includes User Content that, in our sole discretion, violates these Terms; is offensive or illegal; or may harm, or violate the rights of, or threaten the safety of any user or any other individual or entity. By uploading User Content to the Site, you hereby grant, and represent and warrant that you have all rights and authority necessary to grant:
1. IMPEX and our service providers an irrevocable, perpetual, non-exclusive, royalty-free, fully sub-licensable, fully paid up, worldwide license and right to use, copy, publicly perform, digitally perform, publicly display and distribute such User Content, and to prepare derivative works based on, or incorporate into other works, such User Content with or without attribution; and
2. All users of the site an irrevocable, perpetual, non-exclusive, royalty-free license and right to use such User Content for each such user's personal, non-commercial use, subject to the restrictions set forth in these Terms.
You understand that IMPEX may be working on the same or similar idea to any ideas, expression of ideas or other materials you submit within your User Content ("Idea"); that IMPEX may already know of such Idea from other sources; and that IMPEX may simply wish to develop such idea or a similar idea on its own.
12. Disclaimers. YOUR USE OF THE SITE AND OF ANY USER CONTENT IS AT YOUR OWN RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED IN CONNECTION WITH THE SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER IMPEX, NOR ANY OF ITS AFFILIATES, OTHER SERVICE PROVIDERS OR SUPPLIERS WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THE SITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE SITE MAY BE OUT OF DATE, AND NEITHER IMPEX NOR ANY OF ITS AFFILIATES, OTHER SERVICE PROVIDERS OR SUPPLIERS MAKE ANY COMMITMENT OR ASSUME ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THE SITE ARE SUBJECT TO ONLY THE APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IMPEX HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THE SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IMPEX HEREBY EXPRESSLY DISCLAIMS ALL LIABILITY FOR PRODUCT OR SERVICE DEFECTS OR FAILURES, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
13. Limitations of Liability. IMPEX does not assume any responsibility, and shall not be liable for any damages to, or viruses that may infect or affect, your computer, device, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing of the Site, or your downloading of any materials or information from the Site.
IN NO EVENT WILL IMPEX OR ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS, ASSIGNS, RETAIL PARTNERS, VENDORS NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE SITE BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SITE, ANY SITES LINKED TO THE SITE, OR THE INFORMATION, MATERIALS, OR SERVICES CONTAINED IN ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. IN THE EVENT OF ANY PROBLEM WITH THE SITE, OR ANY MATERIAL OR CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THE SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICE IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THE SITE.
14. Copyrights. If you believe any User Content or any other aspect of the Site infringes your copyright, you should send written notice of the alleged copyright infringement to our designated copyright agent at this address:
Impex Inc. 2801 South Towne Avenue – Pomona, California 91766 or by email at [email protected] Such notice must meet the requirements of the Digital Millennium Copyright Act by providing the following information:
1. A description of the copyrighted work that you claim has been infringed;
2. A description of where the allegedly infringing material is located on the Site;
3. Your name, address, telephone number and email address;
4. 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;
5. A statement by you, made under penalty of perjury, affirming that the above information in your notice is accurate, and that you are the owner of the copyright at issue or are authorized to act on the copyright owner's behalf; and
6. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright at issue.
15. Counter-Notice. If you believe that your User Content was removed or disabled but is not infringing; or that you have the authorization from the copyright owner, the copyright owner's agent or pursuant to the law, to post and use the content in your User Content; you may send a counter-notice to the Copyright Agent containing the following information:
1. Your physical or electronic signature;
2. Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
3. A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
4. Your name, address, telephone number and email address, a statement that you consent to the jurisdiction of the federal court in Pittsburgh, PA, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received, IMPEX may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at IMPEX's sole discretion.
16. Disputes, Choice of Law, and Jurisdiction. These Terms supersede any other agreement between you and IMPEX to the extent necessary to resolve any inconsistency or ambiguity between them. The Site is administered by IMPEX from its offices in Pennsylvania. These Terms will be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without giving effect to any principles of conflicts of laws. Any dispute relating in any way to your visit to or participation on the Site, including compliance with these Terms shall be submitted to confidential arbitration in Pittsburgh, PA, except that to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in the state courts of the Commonwealth of Pennsylvania or the United States District Court for the Western District of Pennsylvania and you consent to exclusive jurisdiction and venue in such courts.
17. Arbitration. Arbitration under these Terms shall be conducted under the prevailing rules of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, or whether through class arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise.
18. Admissible. A printed version of these Terms shall be admissible in judicial and administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
19. Indemnity. You agree to indemnify and hold IMPEX and its respective affiliates, licensors, directors, officers, employees, agents and representatives, harmless from and against any losses, costs, expenses or damages of any nature whatsoever, including attorney fees and court costs arising from any claim, cause of action, suit or demand of any third party due to, arising out of or related to:
1. Your access to and use of the Site;
2. Any User Content posted, uploaded or transmitted by you;
3. Your use or distribution of any User Content;
4. Your violation of these Terms; or
5. The infringement or other violation by you or any third party using your account or password of any intellectual property or other right of any person or entity.
20. Termination. You or IMPEX may suspend or terminate your account or your use of the Site at any time, for any reason or for no reason. You are personally liable for any orders that you place or charges that you incur prior to termination. IMPEX reserves the right to change, suspend, or discontinue all or any aspect of the Site at any time without notice.
21. Additional Assistance. If you do not understand any of the foregoing Terms or if you have any questions or comments, we invite you to call our customer service department at 1.800.999.8899.