TERMS OF SERVICE


Last modified: November 15, 2015


Please carefully read the following terms and conditions of use (the “Terms of Use”) because they describe your rights and responsibilities and form a legally binding agreement between you and IMMORDL Inc. (“IMMORDL” or “Provider”).

YOUR USE OF IMMORDL.COM, INCLUDING ANY RELATED SERVICE OR FEATURE THERETO AND ALL CONTENT APPEARING THEREON AND SOFTWARE ASSOCIATED THEREWITH (COLLECTIVELY, THE “SITE”), CONSTITUTES YOUR AGREEMENT TO THESE TERMS, CONDITIONS, COVENANTS, POLICIES AND NOTICES (COLLECTIVELY, THE “TERMS”).

Your use of the Site is subject to these Terms and IMMORDL’s Privacy Policy, incorporated herein by this reference. You must accept the Privacy Policy and the Terms of Use (collectively, the “Agreements”) prior to using the Site. Should any provision in the Privacy Policy conflict with these Terms, these Terms will control solely to the extent necessary to avoid the conflict.

Age Restriction

Only individuals thirteen (13) years of age or older may use the Site. Users between the ages of thirteen (13) and eighteen (18) must review these Agreements with a parent or legal guardian to ensure the parent or legal guardian acknowledge and agree to the Agreements. Should the user’s parent or legal guardian not acknowledge and agree to the Agreements, the user must immediately discontinue use of the Site.

Grant of a Limited License

Subject to your agreement to and continuing compliance with the Agreements, IMMORDL hereby grants you a personal, non-exclusive, non-assignable, non-transferable license to access and use the Site for your personal and non-commercial use only (the “User License”). All other rights are reserved and you may not use the Site for any other purpose, including any way that breaches the Agreements or any other agreement applicable to your use of the Site.

Prohibitions

The User License does not grant you the right to, and you hereby agree that you will not, under any circumstances:

  • download (other than through page caching necessary for personal use, or as otherwise expressly authorized on the Site, including in the Terms of Use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from or offer for sale any information contained on, or obtained from or through, the Site, without Provider’s prior written consent;
  • use, reproduce or remove any copyright, trademark (including use in metatags and “hidden text”), trade names, slogan, logos, images, service marks or other proprietary notations displayed on or through the Site without prior written permission from Provider or such third party as may own same;
  • sell, relicense, distribute, transmit, stream, provide access to or disclose the Site or place any portion on any server, “cloud-based” service, website or retrieval system;
  • duplicate, decompile, reverse engineer, disassemble or decode the Site (including any underlying idea or algorithm), or attempt to do any of the same;
  • introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
  • use any data mining, robots or data gathering and extraction tools;
  • attempt to gain unauthorized access to the Provider computer network or a user account;
  • use the Site for illegal, harassing, unethical or disruptive purposes;
  • use the Site in any way that would affect adversely or reflect negatively on IMMORDL, its goodwill, its employees, its name or reputation or the Site;
  • use the Site in any way that would discourage any person, firm or enterprise from using all or any portion, feature or function of the Site, or from advertising, linking or becoming a supplier to IMMORDL in connection with the Site; or
  • download or copy account information for the benefit of another merchant.

Information that You Provide

The Site may permit you to provide certain personal information such as your email address or other information so that you may receive updates and information about products available in your area and create a user account to participate in certain interactive components of the Site. You agree that any such information you supply will be truthful, accurate and complete, and that you will update such information promptly in the event that it changes. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, Provider reserves the right to terminate your use of the Site.

You are and shall remain solely responsible for the content you post on or through the Site under your username or otherwise by you in any forum on the Site or in connection with the Site (e.g., Facebook, Twitter, etc.) and for the consequences of submitting and posting same. You represent that any such contribution does not and will not defame, violate the rights of privacy or publicity, or infringe upon the copyrights, trademarks, or any other intellectual property rights of any person or entity. Provider shall have no responsibility for information posted in such forums by you or any other user of the Site. Although Provider has no duty to monitor content posted by any user on the Site, Provider reserves the right, in its sole discretion, to remove any content, assist law enforcement in the prosecution of criminal liability, or assert a civil or criminal legal action with respect to content or use of the Site.

You agree that all information you provide to the Site, including, but not limited to, through the use of any interactive features on the Site, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.



Data and Intellectual Property Ownership

As between IMMORDL and you, IMMORDL owns, has licensed, or otherwise has rights, title and interest in and to the Site. Except for the limited license granted to you above, you agree that you have no right, title or interest in or to the Site and any of its content. To the extent you retain any copyrightable interest to any contribution that you may make to the Site (e.g., message board posts, etc.), you hereby assign to Provider, and Provider will immediately become the owner of, the worldwide copyright in all such contributions. If such ownership is not allowed under any law in any territory, then you grant Provider a non-exclusive free license to use all such contributions in such territory in perpetuity without restriction. IMMORDL and its licensors reserve all rights in connection with the Site and its content, including, without limitation, the exclusive right to create derivative works therefrom.

IMMORDL’s name and logo and all related names, logos, product and service names, designs and slogans are trademarks of Provider or its affiliates or licensors. Other names, logos, product and service names, designs and slogans that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by IMMORDL. Any images of persons or personalities contained on the Site are not an indication or endorsement of IMMORDL or any particular product or our service unless otherwise indicated.

Third Party Websites, Apps or Resources

The Site may provide links to third party websites, apps or resources (“Third Party Platforms”). Links to Third Party Platforms are provided for your convenience only. Third Party Platforms are not reviewed, controlled, examined, sponsored or endorsed by IMMORDL and Provider is not responsible for the information, links, advertising, products, resources or other material of any Third Party Platform. The inclusion of any Third Party Platform does not imply endorsement of the owner/sponsor of the Third Party Platform or its content by IMMORDL. YOUR USE OF ANY SUCH THIRD PARTY PLATFORMS IS AT YOUR OWN RISK. None of Provider Parties (as defined below) shall 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, inability to use or reliance on any such content, goods or services available on such Third Party Platforms. Third Party Platforms may each have separate and independent privacy statements, notices and terms of use, which we recommend you read carefully.

Changes to Terms of Use

IMMORDL may revise and update the Terms of Use at any time in our sole discretion. IMMORDL will publish such revisions and updates from time to time. You are expected to check this page frequently so you are aware of any changes, as they are binding on you. By continuing to use the Site after any such publication, you are agreeing to be bound by the then current version of the Terms of Use. If you do not agree to the changes, then you must immediately stop using all portions of the Site and delete or discard any downloaded materials in your possession, custody or control whether in electronic or printed format.

Termination

These Terms are effective until terminated. You may terminate the Terms as to yourself by discontinuing your use of the Site and affirmatively cancelling all features or services to which you are subscribed.

IMMORDL reserves the right to terminate the Terms of Use and/or temporarily or permanently suspend, withdraw or restrict your access to some or all of the Site at any time, effective immediately, with or without notice, for any or no reason whatsoever. If IMMORDL terminates or restricts your use and access of the Site, then you must immediately stop using all portions of the Site and delete or discard any downloaded materials in your possession, custody or control whether in electronic or printed format.

No Medical Advice

The information contained on the Site, or provided at your request, is provided for informational purposes only. While Provider may offer some products on the Site that are classified as food, beverage, or dietary supplements products regulated by the Food and Drug Administration, Provider does not market or sell such products for the purposes of diagnosing, treating, curing or preventing any disease. Provider does not recommend any particular form of medical treatment or that persons manage their own health problems without the advice of a licensed health care practitioner. Information found or received through the Site should not be used in place of a visit with, call to, consultation or advice from a health care provider. If you suspect you have a medical problem, or should you have any health care related questions, please promptly call or see your health care practitioner.

Warranty Disclaimer

THE SITE IS PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. NONE OF THE PROVIDER PARTIES (AS DEFINED BELOW) MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AND HEREBY DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR ACCURACY, COMPLETENESS, LIKELY RESULTS, RELIABILITY, INFORMATION, DATA, DATA PROCESSING, UPTIME OR UNINTERRUPTED OR ERROR-FREE ACCESS AND ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, TITLE, NON-INFRINGEMENT OR OTHER VIOLATIONS OF RIGHTS. NONE OF THE PROVIDER PARTIES (AS DEFINED BELOW) ASSUME ANY RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES, WHETHER CAUSED BY VIRUSES OR OTHERWISE, TO YOUR DEVICE OR ANY NETWORK OF DEVICES RESULTING FROM YOUR VIEWING OF, ACCESS TO OR USE OF THE SITE.

Limitation of Liability

PROVIDER IS NOT RESPONSIBLE FOR DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR YOUR INABILITY TO USE THE SITE. IN NO EVENT SHALL PROVIDER, ITS SUBSIDIARIES, AFFILIATES, OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS OR ANY OTHER PERSON INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED ON THE SITE (THE “PROVIDER PARTIES”) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, LIQUIDATED OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, PROFIT OR GOODWILL, OR DUE TO BUSINESS INTERRUPTION, UNAUTHORIZED ACCESS OR OTHER INTANGIBLE LOSSES), INCURRED THROUGH YOUR USE OF THE SITE OR THROUGH ANY DELAY OR INABILITY TO USE THE SITE, REGARDLESS OF LEGAL THEORY (INCLUDING NEGLIGENCE), EVEN IF ONE OR MORE PROVIDER PARTIES KNEW OR WAS NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES.

PROVIDER DOES NOT ENDORSE OR WARRANT AND IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT APPEARING ON THE SITE WHETHER CONTRIBUTED BY PROVIDER OR ANY USER. UNDER NO CIRCUMSTANCES WILL PROVIDER PARTIES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED ON OR THROUGH THE SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION OR ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE. IN ADDITION, ALTHOUGH PROVIDER MAY IN SOME INSTANCES ATTEMPT TO VERIFY CERTAIN INFORMATION PROVIDED BY THIRD PARTIES, PROVIDER HAS NO OBLIGATION TO DO SO AND MAKES NO REPRESENTATIONS REGARDING THE ACCURACY OF SUCH VERIFICATION. IT IS YOUR RESPONSIBILITY TO VERIFY THE IDENTITY, QUALIFICATIONS AND STATUS OF INFORMATION PROVIDED BY THIRD PARTIES.

YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH PROVIDER IS TO STOP USING THE SITE AND TO CANCEL ALL ACCOUNTS REGISTERED TO YOU. IN NO EVENT SHALL ANY OF THE PROVIDER PARTIES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR AN AMOUNT OF DAMAGES IN EXCESS OF $100. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. NOTHING IN THIS WARRANTY AFFECTS STATUTORY RIGHTS THAT CANNOT BE WAIVED OR LIMITED BY CONTRACT.

Indemnification

You hereby agree to indemnify, defend and hold the Provider Parties harmless from and against any and all claims, causes of action, demands, liabilities, taxes, obligations, damages, losses, fines or penalties incurred by a Provider Party or expenses (including reasonable attorneys’ fees) and all amounts paid in investigation, defense or settlement of any of the foregoing resulting from or arising out of your use of, or any act of fraud or dishonesty by you in connection with, the Site or any breach by you of the Agreements or any applicable laws. The Provider Parties reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate in asserting any available defenses.

Equitable Remedies

In the event that you breach the Terms of Use, you hereby agree that Provider would be irreparably damaged if the Terms of Use were not specifically enforced, and therefore you agree that Provider shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to breaches of the Terms of Use, in addition to such other remedies as Provider may otherwise have available to it under applicable laws. In the event that any litigation is brought by either party in connection with the Terms of Use, you agree that the prevailing party shall be entitled to recover from the other party all the costs, reasonable attorneys’ fees and other expenses incurred by such prevailing party in the litigation.

Dispute Resolution and Governing Law

Any dispute relating in any way to your visit to the Site shall be submitted to confidential arbitration in Los Angeles, California. Arbitration under these terms shall be conducted under the rules then prevailing 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.

You and IMMORDL agree that any arbitration shall be limited to the dispute between IMMORDL and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Except as expressly stated otherwise, the Terms of Use shall be governed by, and will be construed under, the laws of the United States of America and the law of the State of California, without regard to choice of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.


General Provisions

If any provision of the Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

The Terms of Use is the complete and exclusive statement of the agreement between you and Provider concerning the Site, and the Terms of Use supersedes any prior or contemporaneous agreement, either oral or written, and any other communications with regard thereto between you and Provider; provided, however that the Terms of Use is in addition to, Provider’s Privacy Policy. The Terms of Use may only be modified as set forth herein.

Contact

If you have questions or concerns, please email info@immordl.com