Terms and Conditions

These Website Terms of Use (“Terms of Use”) govern your use of and access to Implus LLC’s and its consumer segmented brands’ (collectively, “Implus”, “we”, “us”, “our”) websites (collectively, the “Website”) and any resources, features, functionality, or services made available through the Website (“Service”). We reserve the right to modify, suspend or discontinue the Website or the Service (or any part thereof) with or without notice to you. You agree that Implus shall not be liable to you or to any third party for any claim or loss related to or arising out of your use of the Website or Service, or any such modification, suspension, or discontinuance of the Service.

Acceptance

Your access to and use of the website is subject to your unconditional acceptance of and compliance with these terms of use. if you do not accept these terms of use, you are not authorized to use the website. We reserve the right to revise the Terms of Use from time to time, with-out prior notice to you, and your continued use of the Website constitutes your acceptance of and agreement with any and all such changes. We may post additional terms, conditions, rules or requirements related to the Website and/or a Service, and all such terms, conditions, rules, or requirements shall be incorporated into these Terms of Use.

Content

This Website and the content and all intellectual property rights included in or associated with the Website, including, but not limited to patents, copyrights, trademarks, service marks and logos (collectively “Content”), are owned by or licensed to Implus. Except as ordinarily occurs when a website is downloaded to your computer in the normal course of viewing such website, you may not make use of any such Content on or outside of the Website, including, without limitation, utilizing, copying, distributing, re-publishing, uploading, removing, posting, creating or attempting to create any derivative works, modifying, or transmitting any such Content, unless expressly authorized in these Terms of Use. Additionally, you may not remove or alter any copyright, trademark, or other intellectual property or proprietary rights notice or legend contained on the Website or in the Content.

Links and Third Party Content

The Website and/or Service may contain links to third-party websites not under our control or operation. Your use of any such third-party web-sites and/or content shall be conditioned upon such third party website’s terms and conditions

User Information and Privacy

Any user IDs, names or passwords associated with any account you create via the Website shall be maintained by you as confidential and should not be shared by you with anyone not authorized to have access to your personal information. By using the Website or Service, you agree to be subject to the terms and conditions set forth in our Privacy Policy. In addition to consenting to our collection and use of information about you in accordance with that policy as it exists now or in the future, you also agree that, regardless of where you are physically located, the nature of electronic communications and our network architecture and business practices involves the transfer of this information and other data transmission via the Website or Service to the United States, on an interstate basis, and/or to other countries for storage, processing and use by Implus.

Compliance

You agree to comply with all applicable laws, statutes, ordinances and regulations in connection with your use of the Website and its Content and the Services. To the extent that any applicable taxes, duties, or other fees apply to your use of the Website or the Services, you are responsible for all such payments. We reserve the right to report any wrongdoing, if and when we become aware of it, and disclose any such in-formation to any applicable government agencies, all without liability to you. Without limiting the foregoing rights, you consent and agree that Implus may access, preserve and disclose your account information, as applicable, if required to do so by law or based on a good faith belief that such access, preservation, or disclosure is reasonably necessary for legitimate business purposes, including without limitation, to: (i) comply with legal process; (ii) enforce the Terms of Use; and (iii) respond to requests for customer service. You agree that you will not, and you will not encourage or assist others to, use the Website or the Service in any way to specifically circumvent proper and authorized use of our Website and its functionality, to interfere with or disrupt the Service or servers or networks connected to the Service, or violate any applicable local, state, national or international law.

Termination

Implus shall have the right to terminate your use of the Website and/or the Services any time for any reason, including, but not limited to, your breach of these Terms of Use or your violation of any law, including, without limitation, violations of intellectual property rights or violations of other applicable laws and regulations. Following any such termination, Implus shall have no further obligations, responsibilities, or liabilities to you. Notwithstanding anything to the contrary contained herein, in the event that Implus terminates your use rights, Implus shall in no way be precluded from pursuing any and all of its additional rights and remedies, either at law or in equity, for any claims, damages, awards, costs and liabilities occasioned by such breach or violation.

Disclaimer of Warranties

Implus provides the website and all information, content, materials, products and services included on or otherwise made available to you through the website on an “as is” and “as available” basis, unless otherwise specified in writing. Implus makes no representations or warranties of any kind, either express or implied, including, but not limited to, warranties of non-infringement, fitness for a particular purpose, or merchantability, regarding your use of this website or any information, content, services or products provided or made available herein or the avail-ability of the website itself, unless otherwise specified in writing. Limitation of liability Implus shall not be liable to you, and you shall be solely responsible, for the selection, use, and suitability of the website and the information, content, services and merchandise provided via the web-site. Implus shall not be liable to you for any direct, indirect, incidental, special, exemplary, punitive, or consequential or any other damages in connection with your use of the website, or purchase or use of products, services or merchandise via the website, including, but not limited to, loss of or damage to data or loss of or damage to information, personal injury or property damage, however caused, whether based on con-tract, tort, warranty, or other legal theory, even if implus has been informed in advance of the possibility of such damages and/or such damages could have been reasonably foreseen by Implus. Regardless of whether any remedy set forth herein fails of its essential purpose or other-wise, implus’ total liability, regardless of the form of action, shall not exceed $50.

Governing Laws

These Terms of Use shall be governed by and construed and enforced in accordance with the laws of the state of North Carolina, without regard to its conflicts of laws principles. Except for claims for injunctive or equitable relief regarding intellectual property rights (which may be brought in any state or federal court of competent jurisdiction located in North Carolina), you agree that any claim, dispute or controversy arising out of, relating to or concerning the website, the services, and/or these terms of use will be decided by binding arbitration in accordance with the rules of the American Arbitration Association. You also agree that any claim must be brought by you in your individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, with Implus and you each bearing its and your own costs and legal fees related to the arbitration, regardless of whether you or Implus prevails. Regardless of any statute or law to the contrary, any claim or cause of action (whether arising in contract or tort, law or equity) by you must be filed within one (1) year after such claim or cause of action arose or be forever barred. Judgment upon any award of the arbitrators may be entered by any court having competent jurisdiction located in North Carolina, and each of the parties hereto expressly consents and submits to the exclusive jurisdiction and venue of such courts for this limited purpose. Some jurisdictions do not allow excluding or limiting implied warranties or limiting liability for incidental or consequential damages, and some jurisdictions have special statutory consumer protection provisions that may supersede the foregoing disclaimers and limitations. As a result, these disclaimers and/or limitations may not apply to you if prohibited by law.

General

Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. All rights and obligations of Implus under these Terms of Use, including without limitation, the Privacy Policy, are freely assignable by Implus in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. These Terms of Use, and any web pages or other documents incorporated by reference, set forth the entire understanding and agreement between us with respect to the subject matter hereof.

Product Specifications

All features, content, specifications, products and prices of products and services described or depicted on the Website are subject to change at any time without notice. We make reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services in the Website at a particular time does not imply or warrant that these products or services will be available at any time. Although we attempt to ensure that information on the Website is complete, accurate and up to date, it may occasionally be inaccurate, incomplete or out of date. In the event of a pricing error on the Website, we reserve the right to cancel any orders resulting from such pricing errors. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.

Use of the Site

The Website is a general purpose website and is not targeted toward children under 13.

Customer Service

If you have any questions or comments, please contact us at [email protected] 408-912-7625.