PLEASE READ THESE TERMS AND CONDITIONS (“T&C”) CAREFULLY.
These Terms constitute the entire and exclusive understanding and agreement between Ivachi and you regarding the Service and supersede and replace any prior oral or written understandings or agreements between Ivachi and you regarding the Service. Suppose, for any reason, a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable. In that case, 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 Ivachi’s prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and of no effect. Ivachi may freely give or transfer these Terms without restriction. Subject to the preceding, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns. Any notices or other communications provided by Ivachi under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Service. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
We do not guarantee that any content, including any new features or tools, will be error-free or uninterrupted or that any errors or defects will be corrected. We may also remove features or tools at any time without notice.
Suppose you reject any changes to this Arbitration Agreement. In that case, the Arbitration Agreement in place when you first got the Terms (or accepted any subsequent changes) will continue to govern any disputes between you and Ivachi. If you do not reject any such changes, you will be deemed to have accepted such changes. If any part of this Arbitration Agreement is deemed invalid or unenforceable, the remaining portions will remain in full force and effect. This Arbitration Agreement shall survive any termination of your relationship with Ivachi.
Even if the Terms come to an end or lapse, the provisions of this paragraph will still be valid and enforceable by the parties.
- Arbitration Agreement
(a) You and Ivachi both agree to arbitrate any disputes or claims between us, including but not limited to those concerning this Agreement, the purchase of products, services, or any other aspect of our relationship. This arbitration agreement is subject to the Federal Arbitration Act and is legally binding by the laws of the United States.
(b) This arbitration agreement does not cover any disputes that may arise: (i) in which either side seeks fair compensation for the other's claimed or actual violation of their intellectual property rights; or (ii) cases that are eligible to be heard in the small claims court in the state where you reside.
(c) Any disagreement or claim arising out of or related to this Agreement, or our relationship must be settled through binding arbitration on an individual basis, except as otherwise specified. The arbitrator has the sole authority to decide any dispute concerning the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that the entire or any part of this arbitration agreement is invalid or unenforceable.
1.1 Opt-Out Right
You cannot be subject to the arbitration and class action waiver provisions in Section 1 by sending a written notice of your decision to opt-out to Ivachi, Inc., 7335 Calle Cristobal, Unit 160, San Diego, CA, 92126, within 30 days of accepting this Agreement. If you do not send the notice within this time frame, you will be required to arbitrate disputes according to the terms of this Section.
1.2 Arbitration Rules
The American Arbitration Association (“AAA”) will oversee the arbitration process through its Consumer Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes (the “AAA Rules”), as modified by this Agreement. The arbitrator must abide by the terms of this Agreement. The AAA Rules and filing forms can be found online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address.
1.3 Arbitrator’s Decision
The arbitrator's ruling is definitive and applicable to all parties involved. The decision will include the primary findings and conclusions that the arbitrator used to make the decision. Nevertheless, any party can challenge the decision by sending a written notification to the Notice Address or another address assigned by the AAA within 30 days of the decision. The AAA Rules must file the appeal.
1.4 Costs of Arbitration
The AAA Rules will determine the payment of all filing, administration, and arbitration costs.
The parties and their representatives must keep confidential any information shared during the arbitration process unless it is necessary to disclose it for the arbitration or as mandated by law. This agreement also binds the arbitrator.
Should any portion of this arbitration agreement be deemed invalid or unenforceable, the invalid or unenforceable part will be severed, and the remaining arbitration terms will be enforced.
1.7 Governing Law
This Agreement shall be subject to the Federal Arbitration Act and the laws of the State of California, excluding its rules of conflict of laws.
1.8 Waiver of Jury Trial
The parties involved in this agreement forgo their legal rights to take their claims to court and have a trial before a judge or jury, instead choosing to settle any disputes through arbitration as outlined in this agreement.
This arbitration agreement will remain in effect even after the end of your association with Ivachi.
- Online Store Terms
By agreeing to these Terms of Service, you certify that you are of the legal age of majority in your state or province of residence or that you are of the legal age of majority and have given your consent to any minor dependents to use this site. You also agree that you will not use the products for any illegal or unauthorized purpose or in any way that violates any laws in your jurisdiction (including but not limited to copyright laws). Furthermore, you agree not to use the products for any unlawful, immoral, or prohibited by these Terms, for any purpose not reasonably intended by the product’s design, or to interfere or attempt to interfere with the proper working of the Service.
You agree not to send malicious software, viruses, or any code that could be damaging. We may take action if you break this rule, including ending your account.
2.1 General Criteria
We also reserve the right to refuse service to anyone who violates laws or regulations or misbehaves at any time.
You acknowledge that your content (except credit card data) may be transmitted over a variety of networks and entail (a) transmissions and (b) modifications to comply and adapt to the technological requirements of connecting networks or devices. Whenever credit card data is transferred over networks, it is always encrypted.
The user agrees not to reproduce, duplicate, sell, resell, or exploit any service portion, use the service, or access the service or any contact on the websites without written consent from Ivachi.
2.2 Accuracy of contents and Timelines for information
The information provided on this website is not guaranteed to be accurate, complete, or up to date. It should be used as a general guide only and not as the sole source for making decisions. We do not take responsibility for any loss or damage that may arise from relying on the material on this website.
This website may include historical information that is not up to date and is only provided for your reference. We reserve the right to modify the contents of this site at any time, but we are not obligated to update any information on the site. It is your responsibility to check for changes to our website. Links to other websites may be found on this website. We are not responsible for the content or privacy practices of different websites. We may make changes or updates to this policy without prior notice.
2.3 Changes to the service and prices
Our prices may be altered without prior notification. At any point, we have the right to modify or cease the Service (or any part of it) without warning. We will not be responsible for any changes in price, suspension, or termination of the Service that may affect you or any other third party.
2.4 Products or Services
Our website offers certain products and services exclusively online, which may be in limited supply. They are subject to our Return Policy and can only be exchanged or returned accordingly.
We have made every effort to accurately display the colors and images of our products in our online store. However, we cannot guarantee that your computer monitor will display the colors accurately.
We reserve the right to restrict the sale of our products and services to specific individuals, regions, or jurisdictions and limit the quantities of products or services we offer. We may also change the descriptions and pricing or discontinue products without notice. Any offers for products or services on our site are void in prohibited areas. We do not guarantee that the quality of 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.
2.5 Billing and Account information
We may limit or cancel the number of items ordered per individual, household, or charge. This can include orders with the same customer account, credit card, and demands with the same billing and shipping address. We have the right to reject any order placed with us. If we make any changes to or cancel an order, we will try to contact you using the email and billing address/phone number given when the order was made. We also reserve the right to restrict or prohibit orders that, in our opinion, seem to be from dealers, resellers, or distributors.
You must provide accurate, up-to-date, complete purchase and account information for all purchases from our website. You must promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so we can process your transactions and contact you when necessary.
2.6 Subscription information
You can purchase an item subscription and will be charged for it regularly and automatically until you cancel. Your first subscription order will include the subscription price, applicable taxes, and shipping charges, all set to your default payment method. You will continue to be charged the same amount for each shipment until you cancel your subscription. We will send your previous selections unless you update them for any given load. You may also change the frequency of your subscription and the quantity of the product. Any changes will take effect within five business days, but not after processing shipments. You can cancel your subscription(s) online through the customer portal by filling out the contact us form. Cancellations are effective at the end of the then-current subscription period; to avoid future charges, cancel five business days before renewal. Refunds will not be given after products are shipped, but they can be returned according to our Return Policy. For more information, please refer to our Returns Policy.
2.7 Other Tools
You understand that we do not monitor or have any control over third-party tools that are available via our website. We provide access to these tools “as is” and “as available” without warranties, representations, or conditions. We are not responsible for any damage or loss that may result from your use of these third-party tools. If you choose to use any optional tools offered on our website, you do so at your own risk and discretion. We may introduce new services and features to the website in the future, which will also be subject to these Terms of Service.
2.8 Third-Party Links on the Website
Our Service may include materials from third parties and links to third-party websites. We are not responsible for examining or evaluating these materials or websites and do not warrant or have any liability. Any transactions you make with third parties found on our Service are solely between you and the third party. We are not liable for any harm or damages related to these transactions. Please get in touch with the third party directly if you have any concerns or complaints about third-party products.
2.9 Comments and Feedback from Users on the Website or Any Other Submissions by User
Suppose you send us specific submissions, such as contest entries or any creative ideas, suggestions, proposals, plans, or other materials without us requesting them. In that case, you agree that we can use, edit, copy, publish, distribute, translate, and otherwise utilize them in any medium without any restrictions. We are not required to maintain the confidentiality of any comments, pay for them, or respond to them. We may monitor, edit, or remove any content that we deem inappropriate, unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or violates any party's intellectual property or these Terms of Service. You are solely responsible for your comments and their accuracy, and we assume no liability for any comments posted by you or any third party.
You guarantee that your remarks will not infringe any third-party's rights, including copyright, trademark, privacy, personality, or other personal or proprietary rights. Additionally, your comments will not include libelous or otherwise unlawful, abusive, or obscene material or contain any computer virus or malware that could affect the Service or any related website. You must not use a false email address, pretend to be someone else, or mislead third parties regarding the origin of any comments or us. You are solely responsible for the accuracy of your statements. We are not liable and assume no liability for any comments posted by you or any third party.
2.10 Personal User Information
2.11 Website Errors, Inaccuracies, and Omissions
Our website or Service may contain occasional typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to rectify any mistakes, inaccuracies, or omissions and to modify or update information or cancel orders if any information in the Service or on any related website is incorrect at any time without prior warning (including after you have placed your order).
We do not have to modify, amend, or clarify information in the Service or on any related website, including pricing information, except for what is legally required. There is no date when the Service or any related website is updated, and no inference should be made that all information in the Service or related website has been changed.
2.12 Prohibited uses
You are not allowed to use the site or its content for any unlawful purpose, to persuade others to do or take part in any illegal activities, to disobey any international, federal, provincial, or state regulations, rules, laws, or local ordinances, to infringe or violate anyone's intellectual property rights, to be offensive, abusive, insulting, harmful, defaming, slanderous, intimidating, or discriminating based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability, to provide false or misleading information, to upload or transmit viruses or any other type of malicious code, to collect or track the personal information of others, to spam, phish, pharm, pretext, spider, crawl, or scrape, for any obscene or immoral purpose, or to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. If you violate these prohibitions, we reserve the right to terminate your use of the Service or any related website.
- User Account and Subscription
Under these Terms, you are allowed to create an account, access, and use the Service, provided that you are 18 years or older. You must not use the Service for any illegal or unauthorized purpose. You must not damage, disable, overload, or impair our servers or networks or interfere with any other party’s use of the Service. Additionally, you must not attempt to gain unauthorized access to the Service or its related systems or networks.
Suppose you create a user account or subscribe to the Service. In that case, you are responsible for maintaining the security of your account and entirely responsible for all activities that occur under the account and any other actions taken in connection with the performance. You must immediately notify Ivachi of unauthorized use of your account or other security breaches. Ivachi will not be liable for any acts or omissions by you, including any damages incurred due to such acts or omissions.
You are solely responsible for the content you submit, post, or otherwise make available to us (referred to as "User Content"). You accept all risks associated with using your User Content, including any reliance on its accuracy, completeness, or usefulness by others or any disclosure of your User Content that makes you or any third party identifiable. You guarantee that your User Content does not violate the Acceptable Use Policy. Ivachi is not obligated to monitor User Content but reserves the right to review, delete, remove, or refuse to accept any User Content that it believes, in its sole discretion, violates these Terms. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) comply with any applicable law, regulation, legal process, or governmental request, (ii) enforce these Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Ivachi, its users and the public.
3.2 Acceptable Use Policy
You agree not to and not to allow any third party to (i) use the Service to store, host, or transmit any material that is illegal, slanderous, offensive, obscene, pornographic, indecent, lecherous, menacing, damaging to privacy, or publicity rights, abusive, inflammatory, or otherwise objectionable, (ii) use the Service to store, host, or transmit material that violates the intellectual property or other proprietary rights of any third party, (iii) use the Service to store, host, or transmit viruses, corrupted data, or other harmful, disruptive, or destructive files, (iv) use the Service to interfere with or disrupt the integrity or performance of the Service or the data contained therein, (v) attempt to gain unauthorized access to the Service or its related systems or networks, or (vi) use the Service in any way that is not by these Terms.
3.3 Third-Party Links and Services
The Service may contain links to third-party websites, services, or other resources. You are solely responsible for your use of any such websites or resources. We do not endorse and are not responsible or liable for their availability, accuracy, related content, products, or services. Additionally, your dealings with or participation in promotions of third parties found on or through the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such third parties. You agree that Ivachi shall not be responsible or liable for any loss or damage incurred due to such dealings or the presence of third parties on the Service.
- User content
We do not possess ownership rights over any User Content uploaded to the Site. Nothing in these Terms shall be interpreted as limiting any rights a User may have to use and benefit from their User Content.
We will not be held accountable to any third party for the Content posted by you or any other User on the Site as long as it is within the bounds of the law. We reserve the right to take down any Content posted by you or any other User on the Site whenever we deem it necessary.
4.1 Right to use content posted by you
If you upload any User Content to the Site, you agree to grant IVACHI the right to use your copyright in such Content throughout the world. We are allowed to use any elements of the Content in connection with and as part of our business, including, but not limited to, in connection with or in any advertising in any media, product packaging, printed publications, presentations, promotional materials, events, and associated marketing materials, television and cinema commercials, videos, or on the Site. We also have all rights, titles, and interests in any results and proceeds from our use of the User Content to the extent permissible by law and have the right to transfer our rights to use the User Content to any third party, such as subsidiaries or affiliated companies.
We reserve the right to modify, adapt, or edit User Content and any additional material created as part of these Terms and to exploit and market it at our sole discretion. We are not obligated to use your User Content or exercise any of the rights granted by these Terms. You must provide IVACHI with any documentation, releases, or substantiation needed to verify your compliance with these Terms upon request.
You are accountable for all the User Content you create. You guarantee that you own all of your User Content or have the necessary rights to grant IVACHI the license rights in your User Content as laid out in these Terms. You also guarantee that your User Content, your use of it on the Site, and IVACHI’s use of it on or through the Site will not infringe, misappropriate, or violate any third party’s intellectual property rights, rights of publicity or privacy, or breach any applicable law or regulation.
This agreement will remain in effect for all obligations and liabilities incurred before its termination. You or we may terminate this agreement anytime, provided that you notify us if you no longer wish to use our Services or stop using our site.
Your access to or ability to use the Service may be terminated or suspended by us, without prior notice, at any time and at our sole discretion. If your access to or ability to use the Service is terminated or suspended, the Terms that were in effect at the time of the event causing the termination or suspension will still apply. This will not affect our right to demand that you stop using the Service by these Terms or any other agreement between us.
Should we, in our sole discretion, determine that you have not complied with any term or provision of these Terms of Service, we reserve the right to terminate this agreement at any time without prior warning. You are still responsible for all amounts due until the termination date, and we deny you access to our Services (or any part thereof).
- Disclaimer of Warranties
We cannot guarantee that the use of our service will be continuous, prompt, secure, or free of errors. We cannot ensure that the results obtained through the service will be accurate or reliable. We reserve the right to discontinue or cancel the service at any time without prior notice. The Service is provided without any guarantees or warranties. You use it at your own risk. No express or implied warranties, such as merchantability, fitness for a particular purpose, or non-infringement, are given to the fullest extent allowed by applicable law. IVACHI, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT GUARANTEE THAT THE CONTENT IS ACCURATE, RELIABLE, OR CORRECT. We cannot guarantee that the service will fulfill your needs, that it will always be available or in any particular location, that any defects or errors will be fixed, or that the service is free from viruses or other harmful components. You use the Service at your own risk. You are responsible for any damage to your computer system, mobile device, or data loss resulting from downloading or using the Service.
- Limitation of Liability
Under no circumstances will Ivachi, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be held responsible for any harm, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, but not limited to, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, that result from the use of any of the services or any products purchased using the service, or from any other issue related to the use of the service or any product, including, but not limited to, any mistakes or omissions in any content, or any loss or damage of any kind caused by using the service or any content (or product) posted, transmitted, or otherwise made available through the service, even if warned of the possibility of such damages. In certain states or jurisdictions, the exclusion or limitation of liability for consequential or incidental damages may not be allowed. In this case, our liability shall be limited to the maximum extent permitted by law.
Ivachi disclaims any liability for any errors, mistakes, or inaccuracies of content; any personal injury or property damage of any kind; any unauthorized access to or use of our secure servers and any personal information stored therein; any interruption or cessation of transmission to or from the service; any bugs, viruses, Trojan horses, or the like that may be transmitted to or through our service by any third party; any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the service; and user content or the defamatory, offensive, or illegal conduct of any third party. Itachi's total liability to you for all damages, losses, or causes of action shall not exceed one hundred dollars ($100.00).
You agree to protect, indemnify, and absolve Ivachi and its parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claims, legal actions, suits or proceedings, as well as any losses, liabilities, damages, costs, and expenses (including reasonable attorne4ys fees) resulting from or related to (i) your use of the Service, (ii) any user content or feedback you provide, (iii) your breach of these Terms, (iv) your violation of any rights of a third party, or (v) any other act or omission by you.
If any provision of these Terms of Service is deemed unlawful, void, or unenforceable, it will still be enforceable to the maximum extent allowed by law. The portion that cannot be enforced will be severed from the Terms of Service, but this will not affect the validity and enforceability of any other provisions.
- Entire Agreement
These Terms of Service, along with any policies or operating rules posted by us on this website or about The Service, make up the entire agreement between you and us concerning The Service. This agreement replaces any prior agreements, communications, or proposals between you and us, whether written or verbal. We will only be considered to have waived any right or provision under these Terms of Service if we have done so in writing. No interpretations of these Terms of Service should be made against us.
- Governing Law
The laws of the United States will be used to interpret and enforce these Terms of Service and any other agreements we provide you with Services.
- Changes to terms of service
You can check out the newest edition of the Terms of Service on this page whenever you want. We have the right to alter any part of these Terms of Service at our discretion. You must look at our website occasionally to see if any changes have been made. Your continued use of our website or services after the changes have been posted is your agreement to these changes.
- Contact information
If you have any queries regarding the Terms of Service, please direct them to [email protected].
- No Legal Effect