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IIMMER Terms of Service
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Last Updated: November 23, 2020
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Welcome to the IIMMER, Inc. (“IIMMER”) web site located at www.iimmer.com
(“the Site”). IIMMER provides this Site as a service to our customers. Please read
the following terms of service (“Terms”) as they govern your use of our Site and our services and
content accessible via our Site. To make these Terms easier to read, the Site and our services and content are collectively called
the “Services.”
By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services.
We may update the Terms at any time. If we do so, we’ll let you know either by posting the updated Terms on the Site or through other
communications. It’s important that you review the Terms whenever we update them or you use the Services. If you continue to use the
Services after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you don’t agree to be bound by the
updated Terms, then you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all
or any part of the Services, at any time and without notice, at our sole discretion.
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IMPORTANT: WHEN YOU AGREE TO THESE TERMS, YOU AGREE TO RESOLVE YOUR DISPUTES
WITH US ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION, UNLESS YOU OPT-OUT OF ARBITRATION WITHIN 30 DAYS OR THE
DISPUTE IS EXCLUDED FROM ARBITRATION, AS FURTHER DESCRIBED IN THE DISPUTE RESOLUTION SECTION BELOW. PLEASE REVIEW THE DISPUTE
RESOLUTION SECTION BELOW FOR DETAILS ON ARBITRATION AND OPTING-OUT.
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Membership & Eligibility
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Through www.iimmer.com, IIMMER shows and sells designer-quality products at great values to the consumer. You can sign up for a membership
by registering and creating an “Account.” You may use the Services to make purchases only if you are 18 years or older and capable of forming
a binding contract with us. It’s important that you provide us with accurate, complete and up-to-date information for your Account and you
agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate
your Account. You agree that you won’t disclose your Account password to anyone, and you’ll notify us immediately of any unauthorized use
of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.
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Privacy Policy
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Please refer to our Privacy Policy https://www.iimmer.com/privacy for information on how we collect, use and disclose information from
our users. You acknowledge and agree that your use of the Services is subject to our Privacy Policy.
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Other Promotions
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We reserve the right to refuse, suspend, or revoke promotional offers at any time.
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Content
- (a) Our Content
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All of the content that appears on the Site, including all visuals, text, audio and video clips are subject to copyright protections
and/or other intellectual property rights or licenses held by IIMMER (“Content”). We either own or have a license to all such Content.
Subject to your compliance with these Terms, IIMMER grants you a limited, non-exclusive, non-transferable, non-sublicensable license
to access and view the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial
purposes.
- (b) User Content
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“User Content” means any text, graphics, images, works of authorship of any kind
or other materials that are posted, generated, provided, or otherwise made available by you through the Services or that you share with
other users or recipients. User Content includes without limitation Feedback (defined below) and Tagged Media (defined below).
By making any User Content available through the Services you hereby grant to IIMMER a non-exclusive, transferable, worldwide, royalty-free
license, with the right to sublicense, to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly
perform your User Content, in whole or in part, in connection with the Services and IIMMER’s (and its successors’ and affiliates’) business,
including without limitation for promoting, marketing or advertising and redistributing part or all of the Services (and derivative works
thereof) in any media formats and through any media channels (whether now known or hereafter devised). You understand that IIMMER is not
obligated to utilize any of the rights granted in these Terms and we do not guarantee any confidentiality with respect to any User Content
you submit or upload.
Except where prohibited by law, by submitting or uploading User Content through the Services, you waive and agree not to assert any “moral”
rights or claim resulting from our alteration of the User Content or any photographs, footage, statements or other work contained in the User
Content. You are also agreeing to appoint IIMMER as your attorney-in-fact with respect to the User Content, with the right to execute and
deliver any documents, in your name and on your behalf, to ensure that we can use the User Content that you are licensing in any way we see
fit, and to protect the rights in any derivative works created from your User Content, and to have the User Content removed from any other
website or platform.
You are solely responsible for all your User Content. You represent and warrant that you own all your User Content, or you have all rights
that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your
User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content
by IIMMER on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of
publicity or privacy, or result in the violation of any applicable law or regulation.
We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
- (C) DMCA/Copyright Policy
- IIMMER respects copyright law and expects its users to do the same. It is IIMMER’s policy to terminate in appropriate circumstances
Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see IIMMER’s
Copyright Policy at, for further information.
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Use of the Services
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We really want everyone to have a great experience using the Services. That’s why you agree that you won’t do any of the following things,
otherwise we might have to suspend or terminate your Account:
- Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright,
trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or
encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent,
false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism,
hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are
threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.
- Use, display, mirror or frame the Services, or any individual element within the Services, IIMMER’s name, any IIMMER trademark, logo
or other proprietary information (including through the use of meta tags or the like), or the layout and design of any page or form contained
on a page, without our express written consent, except as is clearly permitted by the functionality of the services;
- Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool,
agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents
provided by IIMMER or other generally available third-party web browsers;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of
solicitation;
- Use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner
not permitted by these Terms;
- Attempt to interfere in any way with the Services or IIMMER’s networks or network security, or attempt to use the Services to gain
unauthorized access to any other computer system;
- Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation; or
- Encourage or enable any other third party or individual to do anything listed above.
- Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right
to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal
requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice,
including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We
have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law
enforcement authorities to prosecute users who violate the law.
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International Orders
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Customers who access and use the iimmer.com website from outside the United States are responsible for complying with their local laws and
regulations. When you place an order and select a shipping address outside of the United States you or your designated consignee are the
Importer of Record and as such are authorizing IIMMER to import the goods to your destination country on your behalf. Furthermore, you agree
that IIMMER may delegate the obligation to import the goods on your behalf to a subcontractor (e.g. customs broker). When indicated on the
website, IIMMER through its own or 3rd-party software tools will make its best effort to calculate and collect the applicable duties and
taxes and any other additional fees up front, either at Checkout or included in the product price, but ultimately you or your designated
consignee as Importer of Record are responsible to pay the applicable duties & taxes and any other import fees to your local customs
authorities.
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Feedback
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We welcome feedback, comments, reviews of the products you purchase through us, and suggestions for improvements to the Services (“Feedback”).
You can submit Feedback by emailing us or by reviewing a particular product. You grant to us a non-exclusive, worldwide, perpetual,
irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or
control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
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Correction of Site Errors
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The information on the Site may contain typographical errors or inaccuracies. We reserve the right to update any information we see fit at any
time without prior notice. Please note that such errors may relate to product information, pricing and availability. In these instances, we
shall have the right to terminate any orders involving pricing errors or inaccuracies. We apologize for any inconveniences.
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Indemnity
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You agree to indemnify and hold IIMMER (and its officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, as well as losses, expenses, damages and costs, resulting from any violation of these Terms, your use of the Services, or any activity related to your Account (including negligent or wrongful conduct).
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Gift Cards
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Gift cards, both physical and digital, are only redeemable if purchased through iimmer.com or an Authorized reseller. We take no responsibility for gift cards purchased from unauthorized resellers and reserve the right to refuse, cancel, or hold gift cards and orders for suspected fraud, for cards mistakenly issued in an incorrect denomination or for other violations of gift card policies.
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Third Party Links
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The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for
the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole
responsibility for and assume all risk arising from, your use of any third-party websites or resources.
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Termination
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We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may disable access
to your Account at any time by sending an email to us. Upon any termination, discontinuation or cancellation of Services or your Account, the
following sections will survive: User Content, Payments, Feedback, Disclaimer of Warranty, Limitation of Liability, Dispute Resolution,
Governing Law, and General Terms.
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DISCLAIMER OF WARRANTY
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ALL CONTENT, PRODUCTS, AND SERVICES ON THE SITE ARE PROVIDED TO YOU "AS IS" WITHOUT ANY GUARANTEES OR WARRANTY. WITHOUT LIMITING THE
FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT,
AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
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LIMITATION OF LIABILITY
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NEITHER IIMMER NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL,
EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE
OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES,
WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT IIMMER
HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL
PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE
LIMITATION MAY NOT APPLY TO YOU.
IN NO EVENT WILL IIMMER’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES
OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO IIMMER FOR USE OF THE SERVICES OR CONTENT OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD
ANY PAYMENT OBLIGATIONS TO IIMMER, AS APPLICABLE.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN IIMMER AND YOU.
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Dispute Resolution
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Our goal is to provide you with great service, so we’ll try our best to resolve any
disagreements that you have with us. If we can’t, then you and we both agree to resolve disputes related to your use of the Services or these
Terms (each, a “Claim”) in binding arbitration instead of court, except that (a) a Claim may be brought in small claims court if it
qualifies for it and (b) either party may bring suit in court to enjoin the infringement or other misuse of intellectual property rights.
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What is arbitration? Arbitration does not involve a judge or jury. Instead, a neutral
person (the “arbitrator”) hears each party’s side of the dispute and makes a decision
that is finally binding on both parties. The arbitrator can award the same relief as a court could award, including monetary damages. While
court review of an arbitration award is limited, if a party fails to comply with the arbitrator’s decision, then the other party can have the
arbitration decision enforced by a court. If for any reason a Claim proceeds in court rather
than in arbitration, you and we each waive any right to a jury trial.
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Can a Claim be part of a class action or similar proceeding? No. You agree to resolve
your Claims with us solely on an individual basis, and not as part of a class, representative or consolidated action. We agree to do the same.
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What rules apply in the arbitration? The arbitration will be conducted under the
American Arbitration Association (“AAA”) Consumer Arbitration Rules
(the “AAA Rules”). The AAA Rules are available at www.adr.org or by calling 1-800-778-7879.
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How will the arbitration be conducted? How much does it cost? The arbitration will be
conducted by the AAA or a comparable arbitration body in the event the AAA is unable to conduct the arbitration. Payment of all filing,
administration and arbitrator fees will be governed by the AAA Rules. Unless the arbitrator finds your Claim frivolous, we’ll pay for all
filing, administration and arbitrator fees if your Claim is for less than $10,000, and we won’t seek our attorneys’ fees and costs if we
prevail in the arbitration. The arbitration may be conducted in writing, remotely (e.g., by videoconference) or in-person in the county where
you live (or at some other location that we both agree to).
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How do I start an arbitration proceeding? To begin an arbitration proceeding against
us, send a letter requesting arbitration and describing your Claim to us. If we request arbitration against you, we will give you notice at
the email address or street address you provided.
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INSTRUCTIONS FOR OPTING-OUT OF ARBITRATION: If you don’t want to agree to arbitrate
your Claims as explained above, then you can opt-out of this arbitration agreement by notifying us of your decision in writing by submitting
a letter. You must opt-out within 30 days of the date you first agree to these Terms or any
updated Terms.
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Governing Law
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These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws
provisions.
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General Terms
- Entire Agreement.
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These Terms constitute the entire and exclusive understanding and agreement between IIMMER and you regarding the Services and Content, and
these Terms supersede and replace any and all prior oral or written understandings or agreements between IIMMER and you regarding the Services
and Content. If any provision of these Terms is held invalid or unenforceable (either by an arbitrator appointed pursuant to the terms of the
“Dispute Resolution” section above or by court of competent jurisdiction, but only if you timely opt out of arbitration by sending us an
opt-out email in accordance with the terms set forth above), that provision will be enforced to the maximum extent permissible and the other
provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise,
without IIMMER’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. IIMMER may
freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the
parties, their successors and permitted assigns.
- Notices
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Any notices or other communications provided by IIMMER under these Terms, including those regarding modifications to these Terms, will be
given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which
such notice is transmitted.
- Waiver of Rights
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IIMMER’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of
any such right or provision will be effective only if in writing and signed by a duly authorized representative of IIMMER. Except as expressly
set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other
remedies under these Terms or otherwise.
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Questions for us?
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If you have any questions about these Terms or the Services, please contact us.
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