Additonal Legal Terms
Site Use and Content
You may view, copy or print pages from this site solely for personal, non-commercial purposes. You may not otherwise use, modify, copy, print, display, reproduce, distribute or publish any information from this site without the express permission of ImOn. ImOn may, without notice, make changes to this site or to the services or products described in this site.
You agree not to do any of the following:
- Upload, transmit, post, email or otherwise make available to this Website, any content or other material in any format that is false, inaccurate, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another’s privacy, libelous and/or otherwise objectionable; that infringes any third party’s intellectual property; or that contains viruses, worms, Trojan horses, corrupted files, or any other similar software or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
- Alter, remove, or falsify any attributions or other proprietary designations of origin or source of any other content appearing on the Site or contained in a file that is uploaded to the Site.
Impersonate any person or entity, including (but not limited to) an ImOn official, or falsely state or otherwise misrepresent your affiliation with any person or entity.
- Attempt, through any means, to gain unauthorized access to this Website, or to another user’s account.
- Use any robot, spider, other automatic device, or manual process to monitor or copy Web pages or the content contained herein without our prior expressed written permission. Additionally, you agree that you will not take any action that imposes an unreasonable or disproportionately large load on ImOn’s servers and infrastructure.
Use the Website for illegal purposes or for the transmission of material that is unlawful, harassing, libelous, invasive of another’s privacy, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable.
- Post or transmit third-party copyrighted information or in any way infringing upon the intellectual property rights of others.
- Use the Website for the transmission of junk mail, spam, chain letters, or unsolicited mass distribution of email.
- Transmit any material that could constitute, or encourage conduct that could constitute, a criminal offence, give rise to civil liability, or otherwise violate any local, state, national or international law or regulation.
The use of any device, software, or routine that interferes or attempts to interfere with the proper working of this Website is expressly prohibited.
Trademarks and Service Marks
The trademarks and service marks displayed on the ImOn Website are registered trademarks of ImOn and may not be copied, imitated or used, in whole or in part, without the prior written permission of ImOn. ImOn’s custom graphics, button icons, scripts, and page headers are covered by trademark, copyright, or other proprietary right law. They may not be copied, imitated, or used, in whole or in part, without the prior written permission of ImOn. ImOn trademarks, service marks, and trade dress may not be used in any manner that is likely to cause confusion among customers or that disparages or discredits ImOn. All other trademarks, service marks, registered trademarks, product and service names, and company names or logos that appear on this Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by ImOn. You may not use any metatags or any other hidden text that contain an ImOn name, trademark, or product name without the express written consent of ImOn.
Links to this Website
You are granted a limited, nonexclusive right to create a hypertext link to the homepage of ImOn Website, provided such link does not portray ImOn or any of its products and services in a false, misleading, derogatory, or otherwise defamatory manner. You may not use an ImOn logo or other proprietary graphic or trademark to link to this Website without the express written permission of ImOn. This limited right may be revoked at any time.
ImOn also accepts no responsibility for the quality, content, nature, or reliability of third-party Websites or services accessible from the ImOn Website. Such linked Websites are not under the control of ImOn and we are not responsible for the content of any such site. When leaving the ImOn Website, be aware that ImOn’s terms and policies no longer apply. You should, therefore, review the applicable terms and policies, including privacy and data gathering practices, of that Web site.
Warranties and Limitations of Liability
Information in this Website is provided ‘as-is’ without any express or implied warranties, including but not limited to the implied warranties of merchantability, fitness or a particular purpose, and noninfringement. ImOn shall not be liable to any party for any direct, indirect, consequential, or other damages for use of this Website or other hyperlinked Websites.
ImOn uses reasonable precautions to protect the privacy of your credit card and other ordering information by utilizing a Secure Socket Layer (SSL) connection. Accordingly, your credit card and other ordering information, such as your name and address, is encrypted using the SSL connection and is not expected to be read in an intelligible form as it travels to ImOn’s order processing system. ImOn’s order processing systems are not accessible to the public.
Many Web browsers support the use of an SSL connection, but, if your browser does not support the use of an SSL connection, or if you prefer not to send your credit card number over the Internet, you can place your order by telephone.
Please protect your username and password. If you use any part of the Sites that requires a username or password, then you are responsible for maintaining the confidentiality of that username and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. If the confidentiality of your account or password is compromised in any manner, you should notify ImOn immediately.
Purchasing Products and Services On Line
You agree to purchase the products and services ordered on the various order screens when you click the SUBMIT (or similar) button on the product or service order screen. The terms of the purchase agreement include the information included on the various order screens and the terms of this section. Such agreement is in addition to and not in lieu of the agreement with user formed by user's use of the Internet site.
- No Warranties by ImOn
ImOn makes no express representations of warranties about its services and disclaims any implied warranties including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose. ImOn does not authorize anyone to make a warranty of any kind on ImOn’s behalf and you may not rely on any statement of warranty. ImOn is not the manufacturer of the products and the only warranty applicable to the products used in connection with the services is the one provided by the product manufacturers. This section survives termination of this agreement.
- Product Warranty by Manufacturer
Each ImOn product comes with a limited warranty provided by the manufacturer. The warranty is either included with the product itself or can be obtained from the product manufacturer.
- Limitation of Liability
Neither ImOn nor any of its affiliates, directors, employees, or representatives of any of them is liable for damages arising out of or in connection with the use of the products. This is a comprehensive limitation of liability that applies to all damages of any kind, including compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property, and claims of third parties.
- Shipping and Billing to US Address Only, Product Availability
ImOn does not process orders to foreign shipping or billing addresses. ImOn tries to give product availability information on this Website, but sometimes products are unexpectedly unavailable. In addition, ImOn updates and improves its products and services on a continuous basis. ImOn will inform you if any ImOn products that you ordered turn out to be unavailable or if any service that you ordered has been changed. ImOn may use e-mail to inform you.
- E-mail Receipt
After you place an order with ImOn, you should receive an e-mail acknowledgement within one business day to confirm that we have accepted your order and are processing it. The e-mail will contain the details of your order, and the itemized and total amounts that will be billed to your credit card—including all applicable taxes and charges. A receipt will also be included with your purchase. Be sure to keep your receipt. You will need it if you require any warranty service.
- Charging Your Credit Card
ImOn charges your credit card immediately after it receives your order and performs a credit check. If a product cannot be shipped with 3 business days of your order, ImOn will credit your credit card and cancel your order unless you instruct us otherwise. If your credit card is rejected when ImOn charges it, ImOn is not obliged to ship any products or activate any service for your account. ImOn will contact you by e-mail or any other reasonable means to advise you of the situation and will request you to call customer service.
- Prices, Taxes and Shipping & Handling
All prices are stated and payable in US dollars. The prices for products and services quoted on this Website do not include taxes.
ImOn charges all applicable taxes on products and services.
Shipping charges shall be at current rates and will be included in the charges to your credit card purchase.
ImOn welcomes the submission of comments, information or feedback through this site; however, ImOn does not want to receive confidential or proprietary information from you. By submitting information through this site you agree that the information is not confidential and shall become the property of ImOn, including an assignment of all rights and titles to such information. ImOn shall have the unrestricted right to use such information for any purpose and without compensation to the submitting party.
Any software downloaded from the ImOn site by you may be subject to U.S. export controls, including the Export Administration Act (50 U.S.C. Appx. §§ 2401 et seq.) and the Export Administration Regulations ("EAR", 50 C.F.R. Parts 730-774), and may also be subject to export or import regulations in other countries. You are responsible for complying with all trade regulations and laws, both foreign and domestic. Except as authorized by law, you agree and warrant not to export the Software to any county, person, or entity subject to U.S. export controls. These include persons or entities listed on the U.S. Department of Commerce Bureau of Export Administration's Denied Parties List and the U.S. Department of Treasury's Specially Designated Nationals. You further represent and warrant that no U.S. federal agency has suspended, revoked, or denied your export privileges.
Financial Material Disclosure
The ImOn Website, and any ImOn documents it makes available, may contain statements which the U.S. Private Securities Litigation Reform Act of 1995 defines as ‘forward-looking’. Those statements can be identified by the use of words such as ‘believe,’ ‘expect,’ ‘plan,’ ‘may,’ ‘will,’ ‘should,’ ‘anticipate’ or similar. Forward-looking statements include statements made about future operations, costs, capital expenditures, cash flow, improvements in infrastructure, distribution, and replenishment systems and operating efficiencies, sales and earnings estimates, or trends and expansion plans and projections. These forward-looking statements are based on our current expectations. Known and unknown internal and external risks and uncertainties may cause the actual results to be materially different from those expressed in or implied by the forward-looking statements. The information contained in ImOn’s annual reports to stockholders, identifies important factors that could cause actual results to differ from those contemplated by forward-looking statements. ImOn undertakes no obligation to update forward-looking statements to reflect events or circumstances that occur after the date the statements were made.
Similarly, the information contained within press releases issued by ImOn should not be deemed accurate or current except as of the date the release was posted. ImOn does not update the information in the press releases.
From time to time, ImOn may provide earnings or other financial information to the public by Webcast or conference call. Unauthorized recording or downloading of these events is not permitted. Any rebroadcast of these events in any form is prohibited without the express prior consent of ImOn. Information provided is only accurate as of the date of the event.
You agree to indemnify, defend, and hold harmless ImOn, its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the Imon Website from and against all losses, expenses, damages, and costs, including reasonable attorney fees, resulting from any violation of this agreement by you, or your violation of any rights of a third party.
If any provision of this Agreement is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these terms and conditions and will not affect the validity and enforceability of any remaining provisions.
Enforceability and Admissibility
This electronic document will be:
(a) deemed for all purposes to be a ‘writing’ or ‘in writing,’ and to comply with all statutory, contractual, and other legal requirements for a writing; (b) legally enforceable as a signed writing as against the parties subject to the electronic documents; and (c) deemed an ‘original’ when printed from electronic records established and maintained in the ordinary course of business. Electronic documents introduced as evidence in any judicial, arbitration, mediation, or administrative proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.