TERMS OF USE

Last updated: February 17, 2017

1. Agreement

   Please review the following terms and conditions (the "Terms") carefully before using ILLUMAGEAR.com and before purchasing products or obtaining content from our website, as the Terms constitute a legally binding agreement by and between ILLUMAGEAR, Inc. ("ILLUMAGEAR," "we," "our," "us") and you ("you" or "your"). ILLUMAGEAR.com is a website associated with ILLUMAGEAR, Inc., a corporation existing under the laws of the State of Washington, U.S.A. When we use the word "website," we are referring to our web pages that begin with www.ILLUMAGEAR.com.

   Your use of our website, registration on our website, or your providing to us any content or personal information constitutes your agreement to these Terms, including but not limited to our Privacy Policy, which is incorporated herein by reference.

   If you do not understand these Terms or the Privacy Policy, do not agree to be bound by the Terms or the Privacy Policy, or if your jurisdiction will not honor them, you must immediately leave the website and refrain from using it.

2. Privacy Policy

   Our Privacy Policy, which is amended from time to time, is a part of these Terms. By using the website, you acknowledge that you have read, understood, and agreed to our Privacy Policy. To view our Privacy Policy, please click here.

3. Changes to Terms and Privacy Policy

   We reserve the right to change the Terms and Privacy Policy at any time upon notice to you, to be given by posting a new version on our website and/or by a change notice on the website. It is your responsibility to review the Terms and Privacy Policy periodically. If at any time you find either unacceptable, you must immediately leave the website and cease using it. You will be deemed to have agreed to any such change by your continued use of the website following the date of the change.

4. Users must be of Legal Age

   Our website is a commercial website designed for persons who have reached the age of majority in the state, country, province, territory or country in which they reside. By using the website, you represent that you have reached the legal age of majority in the state, province, territory or country in which you reside. ILLUMAGEAR does not sell products for children under 18 years of age. Only adults who are at least 18 years of age and are otherwise legally qualified to enter into and form contracts are authorized to use and purchase products from the website. We are not liable for any damages that may result from a user's misrepresentation of age.

5. License

   Subject to your compliance with these Terms, ILLUMAGEAR grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and make personal and non-commercial use of the website. This license does not include any resale or commercial use of the website or its contents; any collection and use of any product listings, descriptions, or prices; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms are reserved and retained by ILLUMAGEAR or our licensors, suppliers, publishers, rightsholders, or other content providers. You may use the website only as permitted by law. The license granted by us terminates if you do not comply with these Terms.

6. Risk Assumption

   Use of this website is exclusively at the sole risk to you, the visitor. ILLUMAGEAR is not responsible if the information on this website is inaccurate or incomplete. Any reliance upon the material of this website shall be at your own risk.

7. Intellectual Property Rights

   All copyright and other intellectual property rights in all text, images, and other materials on this website are the property of ILLUMAGEAR or are included with the permission of the relevant owner.

   You may freely browse the website, but you are only permitted to access, download, or use information from this website, including any texts, images, audio, and video, etc., for your own non-commercial use. All copyright, trademark, and other proprietary notices must appear on such reproductions. No reproduction of any part of this website may be sold or distributed for commercial gain, nor shall it be modified or incorporated into any other work, publication, or website. YOU SHALL BE SOLELY RESPONSIBLE FOR ANY VIOLATIONS OF ANY LAWS AND FOR ANY INFRINGEMENTS OF THIRD-PARTY RIGHTS CAUSED BY YOUR USE OF THE WEBSITE.

   Copyright. All content included in or made available through ILLUMAGEAR.com, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of ILLUMAGEAR or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through the website is the exclusive property of ILLUMAGEAR and protected by U.S. and international copyright laws.

   Trademarks. The trademarks, logos, characters, trade dress, and service marks (collectively hereafter referred to as "trademarks") (e.g., ILLUMAGEAR, ILLUMAGEAR.com, ILLUMAGEAR's logo and product labels) are protected trademarks of ILLUMAGEAR, Inc. ILLUMAGEAR's trademarks may not be used in connection with any product or service that is not ILLUMAGEAR's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits ILLUMAGEAR. All other trademarks not owned by ILLUMAGEAR that appear on the website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by ILLUMAGEAR.

   DMCA Policy. The following is provided pursuant to the requirements of the Digital Millenium Copyright Act ("DMCA") designating the Company's agent for the notification of claims of infringement pursuant to Section 512(c) of the Copyright Act, 17 U.S.C. §§ 101 et seq.

   If you believe that content available on or through the website infringes one or more of your copyrights, please immediately notify our Copyright Agent by mail at the respective addresses below, providing the information for a notification as described below. A copy of your notification will be sent to the person who posted or stored the material addressed in the notification. Please be advised that pursuant to federal law, you may be held liable for damages if you make material misrepresentations in a notification. Thus, if you are not sure that content infringes your copyright, you should consider first contacting an attorney.

   All notifications should include the following:

   1. a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
   2. identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that site;
   3. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit ILLUMAGEAR or other party identified in the notification as a "service provider," as such term is defined under the DMCA, to locate the infringing material;
   4. information reasonably sufficient to permit ILLUMAGEAR to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
   5. a statement that you have a good faith belief that use of the infringing material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
   6. a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

    

   For this notification to be effective, you must provide it to ILLUMAGEAR's designated agent at:

   By mail:

   ILLUMAGEAR Copyright Agent
   c/o ILLUMAGEAR, Inc.
   1752 NW Market St., #733
   Seattle, WA 98107

   By phone: 206.973.4277

   We may terminate access, usage or subscription to the website, as the case may be, for repeat infringers in appropriate circumstances.

8. Reviews, Comments, Communications, and Other Content

   Visitors may post reviews, comments, photos, and other content, and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. You understand that if you include your email address in any public posting to the website, that you may receive unsolicited emails for which we bear no responsibility. ILLUMAGEAR reserves the right (but does not assume any obligation) to remove or edit such content for any reason, but does not regularly review posted content.

   If you do post content or submit material, and unless we indicate otherwise, you grant ILLUMAGEAR a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant ILLUMAGEAR the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify ILLUMAGEAR for all claims resulting from content you supply. ILLUMAGEAR has the right but not the obligation to monitor and edit or remove any activity or content. ILLUMAGEAR takes no responsibility and assumes no liability for any content posted by you or any third party.

9. Violation of Terms

   If ILLUMAGEAR becomes aware that you have violated any of the Terms, we may immediately take corrective action. Such measures include preventing you from using the website and immediately removing, without notice, any information, data, and content put on the website by you. If ILLUMAGEAR has been injured by your violation, we may, in our sole discretion, seek to recover damages.

10. Product Descriptions

    ILLUMAGEAR attempts to be as accurate as possible. However, we do not warrant that product descriptions or other content of the website is accurate, complete, reliable, current, or error-free. If a product offered by ILLUMAGEAR is not as described, your sole remedy is to return it in unused condition.

11. Third Party Websites

    Our website may provide links to or advertisements from other websites that are operated by third parties. We provide these links for your convenience and we do not endorse such websites or their contents. We have no control over, and do not review, these websites or their content. Under no circumstances will ILLUMAGEAR be responsible or liable, whether directly or indirectly, for any loss caused or allegedly caused by these other websites, including, without limitation, their content, the goods and services offered by them, or your reliance on them. We have not investigated, monitored or checked these other websites for accuracy, completeness, or conformance with applicable laws and regulations. If you leave this website and access these other websites, you do so at your own risk, and the rules and policies of the other websites will apply to you while you are on their websites.

12. Disclaimer of Warranties and Limitation of Liability

    OUR WEBSITE IS OPERATED ON AN "AS IS," "AS AVAILABLE" BASIS. WE MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, AS TO THE OPERATION OF OUR WEBSITE AND THE INFORMATION, CONTENT, MATERIALS AND PRODUCTS INCLUDED ON OUR WEBSITE. WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, DURABILITY, AVAILABILITY, TIMELINESS, ACCURACY, COMPLETENESS OR NON-INFRINGEMENT.

    WE SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY LOSS, CLAIM OR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A VIRUS, LOSS OF INCOME OR PROFIT, THE PROVISION OF SERVICES AND SUPPORT, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR NATURE, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE THAT: (1) RESULTS FROM PRODUCT NOT BEING AVAILABLE FOR USE, (2) RESULTS FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE OR ANY WEBSITE WITH WHICH IT IS LINKED, OR (3) IS CAUSED BY VIRUSES THAT INFECT YOUR COMPUTER OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEBSITE, OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE WEBSITE, IN EACH CASE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

    YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCT, WE ARE NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE PURCHASE PRICE (PLUS SHIPPING, IF APPLICABLE) INVOICED FOR THE PRODUCT. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, SO THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE COMPANY AND SERVICE PROVIDERS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED, WILL NOT EXCEED U.S. $100. WE DO NOT SEEK TO EXCLUDE OR LIMIT LIABILITY FOR FRAUDULENT MISREPRESENTATION. NOTWITHSTANDING ANYTHING IN THESE TERMS TO THE CONTRARY, THE REMEDIES SET FORTH IN THESE TERMS APPLY EVEN IF SUCH REMEDIES FAIL THEIR ESSENTIAL PURPOSE.

    NOTE: THE ABOVE DISCLAIMERS DO NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE PRODUCT MANUFACTURER.

    YOU ACKNOWLEDGE THAT OUR WEBSITE AND THE INFORMATION PROVIDED AT THIS WEBSITE WOULD NOT BE PROVIDED BY ILLUMAGEAR WITHOUT THE FOREGOING DISCLAIMERS AND LIMITATIONS.

13. Indemnification

    You agree to indemnify, defend, release, and hold harmless ILLUMAGEAR, our affiliates, and our respective directors, officers, employees, and agents from any liability, loss, claim, fine, penalty, and expense, including, without limitation, reasonable attorney's fees and costs related to (i) your breach of these Terms, including, without limitation, any representation or warranty contained in this Agreement; (ii) your access to or use of the website; (iii) your provision to ILLUMAGEAR of information or other data; (iv) your violation or alleged violation of any foreign or domestic, federal, state or local law or regulation; or (v) your violation or alleged violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights.

14. Disputes; Governing Law and Venue

    This Agreement, the entire relationship between you and ILLUMAGEAR, and any litigation or other legal proceeding between you and ILLUMAGEAR (whether grounded in tort, contract, statute, law, or equity) shall be governed by and construed in accordance with the laws of the State of Washington, without giving effect to its choice of law rules.

    Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Seattle, Washington before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

15. Term; Termination

    This Agreement will remain in full force and effect while you use the website.

    ILLUMAGEAR may terminate your right to use this website, with or without cause, at any time in its sole discretion, including, without limitation, your violation of this Agreement, failure to provide accurate registration data, and lack of use. In the event of termination, all representations, warranties, indemnifications, and promises made by you shall survive.

16. Waiver

    The failure by either party to enforce at any time any of the provisions of this Agreement, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein, will not in any way be construed as a waiver of such provisions.

17. Severability

    If any section of these Terms is deemed invalid, void, or for any reason unenforceable, that section shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.