Terms & Conditions
Effective Date: October 23, 2017
This website located at i-remove.com (the “Website”) is operated by InQpharm North America (“InQpharm” or “we”). InQpharm offers this website, including all information, tools and services available from this Website to you, conditioned upon your acceptance of all terms, conditions, policies and notices provided in this Terms of Service (“Terms” or “Agreement”), which govern your use of the Website and the services that are offered on the Website (“Services”). This Terms of Service Agreement forms a legally binding agreement between you and InQpharm, and you should read it carefully.
THIS AGREEMENT CONTAINS AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT WAIVE YOUR RIGHT TO A COURT HEARING OR JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW OR IF YOU OPT-OUT.
Please read these Terms carefully before accessing or using our Website. By accessing or using any part of the Website, you agree to be bound by these Terms. If you do not agree to all the terms of this Agreement, please do not use, or purchase any Services through, the Website.
Contact us: You may contact us at firstname.lastname@example.org or 1-888-345-1748.
SECTION 1 – TERMS AND AGREEMENT
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, and you will at all times provide true, accurate, current, and complete information when submitting information to InQpharm through the Website. You shall only use the Website as permitted by this Agreement, and you shall not use the Website for any commercial, political, obscene, illegal, or inappropriate purpose. InQpharm reserves the right, in its sole discretion, to refuse Service to anyone for any reason at any time, and to terminate your access to the Website and the Content (as defined below) for any or no reason, with or without notice to you.
SECTION 2 – WEBSITE CONTENT
The Website contains materials and other items about InQpharm’s products and services including, but not limited to, text, images, files, scripts, designs, photographs, videos, audio clips, graphics, button icons, pictures, advertising copy, URLs, technology, software, interactive features, and the overall arrangement or “look and feel” of such materials including copyrightable material, as well as trademarks, logos, and service marks that belong to either InQpharm, its licensors, licensees or other third parties (collectively the “Content”). The Website and the Content are owned, licensed, or controlled by InQpharm, its licensors, and certain other third parties, and as such all right, title, interest in and to the Content and the Website is the property of InQpharm, its licensors, or certain other third parties and is protected by United States and International copyright, trademark, trade dress, patent or other intellectual property rights and laws to the fullest extent possible. InQpharm is the owner of the copyright in the Content on the Website. By using the Website, you will not obtain any ownership or intellectual property or other interest in any item or content on the Website. In exchange for your agreement and strict compliance with the User Agreement and any additional terms, InQpharm grants you a limited, non-exclusive, non-transferrable, non-assignable, revocable license to access, display, view, and use the Content on the Website for your own personal, non-commercial use only. You further agree that any unauthorized use of any Content of the Website for any purpose is strictly prohibited. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this Website is not accurate, complete or current. The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Website is at your own risk.
This Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Website (or any part or content thereof) without notice at any time.
SECTION 5 - PRODUCTS OR SERVICES
We have made every effort to display as accurately as possible the colors and images of our products. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product or Service at any time. Any offer for any product or Service made on this Website is void where prohibited.
SECTION 6 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If you send certain specific submissions (for example contest entries) or creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (“Comments”), you grant InQpharm a perpetual, unrestricted, unconditional, unlimited, irrevocable, worldwide, cost-free right, and license to use, copy, redistribute, re-sell, or transmit any portion of your Comments. You agree to waive any rights to such Comments, except as prohibited by law. You further represent and warrant that you are the sole author and owner of such content and that to the best of your knowledge such Comments does not infringe on the rights of any other third parties or would cause any harm to any other third parties. You agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms. You further represent and warrant that you are the sole author and owner of such content and that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third-party.
SECTION 7 - PERSONAL INFORMATION
SECTION 8 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Website or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate.
Except as required by law, we undertake no obligation to update, amend, or clarify information in the Service or Website, including, without limitation, pricing information. We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 9 - PROHIBITED USES
In addition to other prohibitions as set forth in these Terms of Service, you are prohibited from using the Website or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or the Website, other websites, or the internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the internet. We reserve the right to terminate your use of the Website and the Service for violating any of the prohibited uses.
SECTION 10 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent, or warrant that our Website or the Service will be uninterrupted, timely, secure, or error-free.
We do not warrant that the results that may be obtained from the use of the Website or the Service will be accurate or reliable.
You expressly agree that your use of, or inability to use, the Website and the Service is at your sole risk. The Website, the Service and all products and Services delivered to you through the Website are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall InQpharm, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based on contract, tort, strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. The foregoing disclaimer of warranties and limitation of liability is not applicable in the state of New Jersey.
SECTION 11 - DISPUTE RESOLUTION BY BINDING ARBITRATION AND CLASS ACTION WAIVER
If you and InQpharm are not able to resolve such a Dispute, we each agree that any and all Disputes shall be submitted to final and binding arbitration before a single arbitrator of the American Arbitration Association (“AAA”) in a location convenient to you. Either party may commence the arbitration process by submitting a written demand for arbitration with the AAA, and providing a copy to the other party. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Dispute Resolutions Procedures, Supplementary Procedures for Consumer-Related Disputes, in effect at the time of submission of the demand for arbitration. We will pay all of the filing costs, including arbitrator fees. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing, the following shall not be subject to arbitration and may be adjudicated only in the state and federal courts located in Salt Lake City, Utah: (i) any dispute, controversy, or claim relating to or contesting the validity of the our proprietary rights, including without limitation, trademarks, service marks, copyrights, or trade secrets; or (ii) an action by a party for temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory, or other provisional relief. Unless you opt-out using the mechanism below, you expressly agree to refrain from bringing or joining any claims in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration.
YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH ARBITRATION.
You shall have thirty (30) days from the date that you access the Website or submit your personal information (whichever occurs first) to opt-out of this arbitration agreement. To opt out of arbitration, you must contact us at InQpharm North America, 170 S Main Street, Suite 1135, Salt Lake City, Utah 84101, United States of America. If more than thirty (30) days have passed, you are not eligible to opt out of arbitration.
SECTION 12- ELECTRONIC SIGNATURES AND AGREEMENTS
You acknowledge that by agreeing to this Agreement electronically that you are expressly agreeing to the terms set forth herein. You acknowledge and agree that by affixing your electronic signature that you are submitting a legally binding electronic signature and entering into a legally binding contract. You acknowledge that your electronic submission constitutes your agreement and intent to be bound by the terms of this Agreement. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”) or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE WEBSITE OR SERVICES OFFERED BY INQPHARM. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature, delivery, or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
SECTION 13 - NOTICE AND TAKE-DOWN PROCEDURES; COPYRIGHT AGENT
If you have a good faith belief that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you can submit a Notice of Claimed Infringement to InQpharm by providing the following information:
- A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed
- Identification or description of the copyrighted work or other intellectual property that you claim has been infringed. If you are asserting infringement of an intellectual property right other than copyright, please specify the intellectual property right at issue (for example, trademark or patent)
- Identification or description of where the material that you claim is infringing is located on the Website, with enough detail that InQpharm may find it on the Website
- Your address, telephone number, and email address
- A statement by you that you have a good faith belief that the use of the material complained of is not authorized by the copyright owner or intellectual property owner, its agent, or the law
- A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf
Our agent designated to receive claims of copyright or other intellectual property infringement may be contacted as follows:
InQpharm North America
170 S Main Street, Suite 1135, Salt Lake City, Utah 84101, United States of America
SECTION 14 – GENERAL PROVISIONS
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions. The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this Website or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
SECTION 15 – TERMINATION
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may terminate your rights to use the Service at any time without notice; and/or accordingly may deny you access to our Services (or any part thereof). The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
SECTION 16 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at: email@example.com.