THE I.LI.LEWA COMPANIES CORPORATE WEBSITES AND TERMS AND CONDITIONS
Effective Date: September 10, 2018
I. OVERVIEW
THANK YOU FOR VISITING THE I.LI.LEWA COMPANIES WEBSITE (THE “SITE”). THE I.LI.LEWA COMPANIES INCLUDING I.LI.LEWA ENTERPRISE HOLDINGS, LLC, I.LI.LEWA MANUFACTURING, LLC, I.LI.LEWA DISTRIBUTION, LLC, AND ITS FAMILY OF BRAND SITES INCLUDING WITHOUT LIMITATION IDENTITY NARRATIVE, HOLLINGWORTH AND DUNN (COLLECTIVELY “ILILEWA” AND HEREINAFTER ALSO REFERRED TO AS “IC”, “US”, “OUR” OR “WE”) THANK YOU FOR VISITING OUR SITES. BY VISITING THIS SITE YOU ARE SUBJECT TO ITS TERMS AND CONDITIONS IN THEIR ENTIRETY (HEREINAFTER REFERRED TO AS THE “TERMS AND CONDITIONS”) AND THE I.LI.LEWA COMPANY PRIVACY POLICY (HEREINAFTER REFERRED TO AS THE “PRIVACY POLICY”). IT IS IMPORTANT THAT YOU READ ALL THE TERMS, CONDITIONS, POLICIES INCLUDING WITHOUT LIMITATION AND DISCLAIMERS CAREFULLY.
THE IC PROVIDES THE CONTENT AND SERVICES AVAILABLE ON THE SITE TO YOU SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS, OUR PRIVACY POLICY, OUR SALE TERMS. OUR USE TERMS, AND OTHER TERMS AND CONDITIONS AND POLICIES WHICH YOU MAY FIND THROUGHOUT OUR SITE IN CONNECTION WITH CERTAIN FUNCTIONALITY OR FEATURES,
ALL OF WHICH ARE DEEMED A PART OF AND INCLUDED WITHIN THESE TERMS AND CONDITIONS (COLLECTIVELY, "TERMS AND CONDITIONS"). YOU MAY BE ACCESSING OUR SITE FROM A COMPUTER OR MOBILE PHONE DEVICE AND THESE TERMS AND CONDITIONS GOVERN YOUR USE OF OUR SITE AND YOUR CONDUCT, REGARDLESS OF THE MEANS OF ACCESS. BY ACCESSING OR USING THE SITE, YOU ARE ACKNOWLEDGING THAT YOU HAVE READ, UNDERSTAND, AND AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THESE TERMS AND CONDITIONS.
THIRD PARTY SITES WHERE WE POST CONTENT, CONTENT IS POSTED ON OUR BEHALF, OR WHERE WE INVITE YOUR FEEDBACK, INCLUDING WITHOUT LIMITATION SUCH AS INSTAGRAM, TWITTER, FACEBOOK, SNAPCHAT, LINKEDIN AND GOOGLE+ (HEREINAFTER REFERRED TO AS "THIRD PARTY SITES") ARE USED BY IC AND YOU WILL INTERACT WITH SUCH SITES WHEN YOU INTERACT WITH IC. IC’S TERMS AND CONDITIONS MAY PROVIDE GUIDELINES IN CONNECTION WITH OUR INTERACTIVE SERVICES, INCLUDING SERVICES THAT INVOLVE THIRD PARTY SITES, BUT IC DOES NOT CONTROL THOSE THIRD PARTY SITES, AND THESE TERMS AND CONDITIONS DO NOT APPLY TO COMPANIES THAT WE DO NOT OWN OR CONTROL, OR TO THE ACTIONS OF PEOPLE THAT WE DO NOT EMPLOY OR MANAGE. PLEASE ALWAYS CHECK THE TERMS OF USE POSTED ON ANY THIRD PARTY SITES.
BY USING OUR SITE YOU AGREE TO OUR TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, YOU MAY NOT USE OUR SITE.
THE SECTION BELOW TITLED “DISPUTES” CONTAINS A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS AND SHOULD BE READ IN ITS ENTIRETY.
II. PRIVACY
PLEASE REVIEW THE IC PRIVACY AND COOKIE POLICY SO THAT YOU MAY UNDERSTAND OUR PRIVACY PRACTICES.
III. ACCURACY OF INFORMATION
WE ATTEMPT TO BE AS ACCURATE AS POSSIBLE WHEN PROVIDING YOU WITH INFORMATION ON THIS SITE; HOWEVER, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DO NOT WARRANT THAT THE CONTENT AVAILABLE ON THE SITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE.
IV. INTELLECTUAL PROPERTY
ALL INFORMATION AND CONTENT AVAILABLE ON THE SITE AND ITS “LOOK AND FEEL", INCLUDING BUT NOT LIMITED TO TRADEMARKS, LOGOS, SERVICE MARKS, TEXT, GRAPHICS, LOGOS, BUTTON ICONS, IMAGES, AUDIO CLIPS, DATA COMPILATIONS AND SOFTWARE, AND THE COMPILATION AND ORGANIZATION THEREOF (COLLECTIVELY, THE "CONTENT"). THE CONTENT IS THE EXCLUSIVE PROPERTY OF IC, OUR AFFILIATES, PARTNERS OR LICENSORS, AND IS PROTECTED BY UNITED STATES AND INTERNATIONAL LAWS, INCLUDING LAWS GOVERNING COPYRIGHTS AND TRADEMARKS.
EXCEPT AS SET FORTH IN THE LIMITED LICENSES IN SECTION V, OR AS REQUIRED UNDER APPLICABLE LAW, NEITHER THE CONTENT NOR ANY PORTION OF THE SITE MAY BE USED, REPRODUCED, DUPLICATED, COPIED, SOLD, RESOLD, ACCESSED, MODIFIED, OR OTHERWISE EXPLOITED, IN WHOLE OR IN PART, FOR ANY PURPOSE WITHOUT OUR EXPRESS, PRIOR WRITTEN CONSENT.
V. LIMITED LICENSES
A. WE GRANT YOU A LIMITED, REVOCABLE, NON-TRANSFERABLE, AND NON-EXCLUSIVE LICENSE TO ACCESS AND MAKE PERSONAL USE OF THE SITE. YOU UNDERSTAND AND AGREE THAT YOU WILL NOT DO OR ATTEMPT TO DO OR CAUSE ANY THIRD PARTY TO DO OR ATTEMPT TO DO ANY OF THE FOLLOWING IN CONNECTION WITH YOUR USE OF THE SITE:
B. WE ALSO GRANT YOU A LIMITED, REVOCABLE, NON-TRANSFERABLE, AND NON-EXCLUSIVE LICENSE TO CREATE A HYPERLINK TO THE HOMEPAGE OF THE SITE FOR PERSONAL, NON-COMMERCIAL USE ONLY. A WEBSITE THAT LINKS TO THE SITE (I) MAY LINK TO, BUT NOT REPLICATE, ANY AND/OR ALL OF OUR CONTENT; (II) MAY NOT IMPLY THAT WE ARE ENDORSING SUCH WEBSITE OR ITS SERVICES OR PRODUCTS; (III) MAY NOT MISREPRESENT ITS RELATIONSHIP WITH US; (IV) MAY NOT CONTAIN CONTENT THAT COULD BE CONSTRUED AS DISTASTEFUL, OBSCENE, OFFENSIVE CONTROVERSIAL OR ILLEGAL OR INAPPROPRIATE FOR ANY AGES (AS DETERMINED IN OUR SOLE DISCRETION); (V) MAY NOT PORTRAY US OR OUR PRODUCTS OR SERVICES, IN A FALSE, MISLEADING, DEROGATORY, OR OTHERWISE OFFENSIVE OR OBJECTIONABLE MANNER, OR ASSOCIATE US WITH UNDESIRABLE PRODUCTS, SERVICES, OR OPINIONS; AND/OR (VI) MAY NOT LINK TO ANY PAGE OF THE SITE OTHER THAN THE HOME PAGE. WE MAY, IN OUR SOLE DISCRETION, REQUEST THAT YOU REMOVE ANY LINK TO THE SITE, AND UPON RECEIPT OF SUCH REQUEST, YOU SHALL IMMEDIATELY REMOVE SUCH LINK AND CEASE ANY LINKING UNLESS SEPARATELY AND EXPRESSLY AUTHORIZED IN WRITING BY US TO RESUME LINKING.
C. ANY UNAUTHORIZED USE BY YOU OF THE SITE OR ANY AND/OR ALL OF OUR CONTENT AUTOMATICALLY TERMINATES THE LIMITED LICENSES SET FORTH IN THIS SECTION V WITHOUT PREJUDICE TO ANY OTHER REMEDY PROVIDED BY APPLICABLE LAW OR THESE TERMS AND CONDITIONS.
VI. YOUR OBLIGATIONS AND RESPONSIBILITIES
A. BY ACCESSING OR USING THE SITE OR ANY CONTENT, YOU AGREE THAT YOU WILL COMPLY WITH THESE TERMS AND CONDITIONS AND ANY WARNINGS OR INSTRUCTIONS ON THE SITE. YOU AGREE THAT WHEN ACCESSING OR USING THE SITE OR ANY CONTENT, YOU WILL ACT IN ACCORDANCE WITH THE LAW, CUSTOM AND IN GOOD FAITH. YOU MAY NOT MAKE ANY CHANGE OR ALTERATION TO THE SITE OR ANY CONTENT OR SERVICES THAT MAY APPEAR ON THIS SITE AND MAY NOT IMPAIR IN ANY WAY THE INTEGRITY OR OPERATION OF THE SITE. WITHOUT LIMITING THE GENERALITY OF ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS, IF YOU WILLFULLY OR NEGLIGENTLY OR WILLFULLY AND WANTONLY BREACH ANY OF THE OBLIGATIONS SET FORTH IN THESE TERMS AND CONDITIONS, YOU SHALL BE LIABLE FOR ALL THE LOSSES AND DAMAGES THAT THIS MAY CAUSE TO IC, OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS OR LICENSORS.
B. IF YOU ACCESS THE SITES VIA YOUR MOBILE PHONE, WE DO NOT CURRENTLY CHARGE FOR THIS ACCESS. PLEASE BE AWARE THAT YOUR CARRIER'S NORMAL RATES AND FEES, SUCH AS DATA CHARGES, WILL STILL APPLY.
VII. THIRD PARTY LINKS
A. WE ARE NOT RESPONSIBLE FOR THE CONTENT OF ANY OFF-WEBSITE PAGES OR ANY OTHER WEBSITES LINKED TO OR FROM THE SITE INCLUDING THIRD PARTY SITES. LINKS APPEARING ON THE SITE ARE FOR CONVENIENCE ONLY AND ARE NOT AN ENDORSEMENT BY US, OUR AFFILIATES OR OUR PARTNERS OF THE REFERENCED CONTENT, PRODUCT, SERVICE, OR SUPPLIER. YOUR LINKING TO OR FROM ANY OFF-WEBSITE PAGES OR OTHER WEBSITES INCLUDING THIRD PARTY SITES IS AT YOUR OWN RISK. WE ARE IN NO WAY RESPONSIBLE FOR EXAMINING OR EVALUATING, AND WE DO NOT WARRANT THE OFFERINGS OF, OFF-WEBSITE PAGES OR ANY OTHER WEBSITES LINKED TO OR FROM THE SITE (INCLUDING THIRD PARTY SITES), NOR DO WE ASSUME ANY RESPONSIBILITY OR LIABILITY FOR THE ACTIONS, CONTENT, PRODUCTS, OR SERVICES OF SUCH PAGES AND WEBSITES, INCLUDING, WITHOUT LIMITATION, THEIR PRIVACY POLICIES AND TERMS AND CONDITIONS.
B. YOU SHOULD CAREFULLY REVIEW THE TERMS AND CONDITIONS AND PRIVACY POLICIES OF ALL OFF-WEBSITE PAGES AND OTHER WEBSITES (INCLUDING THIRD PARTY SITES) THAT YOU VISIT.
VIII. USER CONTENT
A. WHEN YOU TRANSMIT, UPLOAD, POST, E-MAIL, SHARE, DISTRIBUTE, REPRODUCE OR OTHERWISE MAKE AVAILABLE SUGGESTIONS, IDEAS, INQUIRIES, FEEDBACK, DATA, TEXT, SOFTWARE, MUSIC, SOUND, PHOTOGRAPHS, GRAPHICS, IMAGES, VIDEOS, MESSAGES OR OTHER MATERIALS ("USER CONTENT") ON THE SITE IN ANY MANNER (INCLUDING, BUT NOT LIMITED TO, THROUGH THE “CONTACT US” FORM) YOU ARE ENTIRELY RESPONSIBLE FOR SUCH USER CONTENT. YOU HEREBY GRANT TO US A PERPETUAL, WORLDWIDE, IRREVOCABLE, UNRESTRICTED, NON-EXCLUSIVE, ROYALTY-FREE LICENSE TO USE, COPY, LICENSE, SUBLICENSE, ADAPT, DISTRIBUTE, DISPLAY, PUBLICLY PERFORM, REPRODUCE, TRANSMIT, MODIFY, EDIT, AND OTHERWISE EXPLOIT SUCH USER CONTENT THROUGHOUT THE WORLD, IN ALL MEDIA NOW KNOWN OR HEREAFTER DEVELOPED, FOR ANY PURPOSE WHATSOEVER, INCLUDING WITHOUT LIMITATION, DEVELOPING, MANUFACTURING, DISTRIBUTING AND MARKETING PRODUCTS.
B. YOU REPRESENT AND WARRANT THAT YOU OWN OR OTHERWISE CONTROL THE RIGHTS TO YOUR USER CONTENT. YOU AGREE NOT TO ENGAGE IN OR ASSIST OR ENCOURAGE OTHERS TO ENGAGE IN TRANSMITTING, UPLOADING, POSTING, EMAILING, SHARING, DISTRIBUTING, REPRODUCING, OR OTHERWISE MAKING AVAILABLE USER CONTENT THAT (i) IS UNLAWFUL, HARMFUL, THREATENING, ABUSIVE, HARASSING, TORTIOUS, DEFAMATORY, VULGAR, OBSCENE, PORNOGRAPHIC, LIBELOUS, INVASIVE OF ANOTHER'S PRIVACY, HATEFUL, OR RACIALLY, ETHNICALLY OR OTHERWISE OBJECTIONABLE; (ii) YOU DO NOT HAVE A RIGHT TO MAKE AVAILABLE UNDER ANY LAW OR UNDER CONTRACTUAL OR FIDUCIARY RELATIONSHIPS; (iii) IS KNOWN BY YOU TO BE FALSE, FRAUDULENT, INACCURATE OR MISLEADING; (iv) YOU WERE COMPENSATED FOR OR GRANTED ANY CONSIDERATION BY ANY THIRD PARTY; OR (v) INFRINGES ANY PATENT, TRADEMARK, TRADE SECRET, COPYRIGHT OR OTHER PROPRIETARY RIGHTS OF ANY PARTY.
C. WE ARE IN NO WAY RESPONSIBLE FOR EXAMINING OR EVALUATING USER CONTENT, NOR DO WE ASSUME ANY RESPONSIBILITY OR LIABILITY FOR THE USER CONTENT. WE DO NOT ENDORSE OR CONTROL THE USER CONTENT TRANSMITTED OR POSTED ON THE SITE AND THEREFORE, WE DO NOT GUARANTEE THE ACCURACY, INTEGRITY OR QUALITY OF USER CONTENT. YOU UNDERSTAND THAT BY USING THE SITE, YOU MAY BE EXPOSED TO USER CONTENT THAT IS OFFENSIVE, INDECENT OR OBJECTIONABLE TO YOU. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE IN ANY WAY FOR ANY USER CONTENT, INCLUDING WITHOUT LIMITATION, FOR ANY ERRORS OR OMISSIONS IN ANY USER CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED BY YOU AS A RESULT OF THE USE OF ANY USER CONTENT TRANSMITTED, UPLOADED, POSTED, E-MAILED OR OTHERWISE MADE AVAILABLE VIA THE SITE. YOU HEREBY WAIVE ALL RIGHTS TO ANY CLAIMS AGAINST US FOR ANY ALLEGED OR ACTUAL INFRINGEMENTS OF ANY PROPRIETARY RIGHTS, RIGHTS OF PRIVACY AND PUBLICITY, MORAL RIGHTS, AND RIGHTS OF ATTRIBUTION IN CONNECTION WITH USER CONTENT.
D. YOU ACKNOWLEDGE THAT WE HAVE THE RIGHT (BUT NOT THE OBLIGATION) IN OUR SOLE DISCRETION TO REFUSE TO POST OR REMOVE ANY USER CONTENT AND WE RESERVE THE RIGHT TO CHANGE, CONDENSE, OR DELETE ANY USER CONTENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING OR ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS, WE HAVE THE RIGHT TO REMOVE ANY USER CONTENT THAT VIOLATES THESE TERMS AND CONDITIONS OR IS OTHERWISE OBJECTIONABLE AND WE RESERVE THE RIGHT TO REFUSE SERVICE AND/OR TERMINATE ACCOUNTS WITHOUT PRIOR NOTICE FOR ANY USERS WHO VIOLATE THESE TERMS AND CONDITIONS OR INFRINGE THE RIGHTS OF OTHERS.
E. DELETION OF USER CONTENT
IX. NOTICES OF CLAIMED COPYRIGHT INFRINGEMENT
A. WE RESPECT THE INTELLECTUAL PROPERTY OF OTHERS AND REQUIRE THAT USERS OF THE SITES DO THE SAME. WE ALSO MAINTAIN A POLICY THAT PROVIDES FOR THE TERMINATION IN APPROPRIATE CIRCUMSTANCES OF THE SITES’ USE PRIVILEGES OF USERS WHO ARE REPEAT INFRINGERS OF INTELLECTUAL PROPERTY RIGHTS. CONSISTENT WITH THE DIGITAL MILLENNIUM COPYRIGHT ACT, IF YOU BELIEVE THAT COPYRIGHTED MATERIALS HAVE BEEN COPIED IN A WAY THAT CONSTITUTES COPYRIGHT INFRINGEMENT, PLEASE SEND AN EMAIL OR WRITTEN NOTICE TO OUR DESIGNATED AGENT FOR NOTICES OF INFRINGEMENT AND PROVIDE THE FOLLOWING:
B. OUR DESIGNATED AGENT FOR NOTICE FOR CLAIMS OF COPYRIGHT INFRINGEMENTS M. RICHARDSON-LOWRY, MANAGING MEMBER, ILILEWA, 155 NORTH WACKER DRIVE, SUITE 4250, CHICAGO, IL 60606. TELEPHONE NUMBER 1.302.515-0502. EMAIL AT ADMIN@ILILEWA.COM.
NOTE: THE ABOVE CONTACT INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING IC THAT COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS AND SHOULD BE DIRECTED TO OUR CLIENT SERVICES GROUP BY EMAIL TO CONCIERGE@IDENTITYNARRATIVE.COM.
X. INTELLECTUAL PROPERTY
A. OWNERSHIP. THE IC WEBSITES AND MATERIAL ON THE THOSE WEBSITES (INCLUDING ALL INTELLECTUAL PROPERTY OF ANY NATURE, WHETHER REGISTERED OR UNREGISTERED, INCLUDING DRAWINGS, DESIGNS, ILLUSTRATIONS, PHOTOGRAPHS, VIDEOS, SOUNDTRACKS, WRITTEN TEXT, LOGOS, TRADEMARKS) ARE THE EXCLUSIVE PROPERTY OF IC AND ITS AFFILIATES AND SUBSIDIARIES. YOU MAY NOT REPRODUCE BY ANY MEANS OR PROCESS (EXCEPT AS EXPRESSLY PROVIDED HEREIN), IN WHOLE OR IN PART, DISTRIBUTE, PUBLISH, TRANSMIT, CREATE DERIVATIVE WORKS BASED ON, MODIFY OR SELL ANY MATERIAL CONTAINED ON IC WEBSITES.
THE “ILILEWA” TRADEMARK AND ALL OTHER IC RELATED MARKS AND LOGOS, WHETHER REGISTERED OR NOT REGISTERED, DISPLAYED ON OUR WEBSITES, AS WELL AS OUR DOMAIN “NAMES " ARE AND WILL REMAIN THE EXCLUSIVE PROPERTY OF IC. ANY REPRODUCTION, DISTRIBUTION, TRANSMISSION, MODIFICATION, OR USE OF ANY IC TRADEMARKS FOR ANY PURPOSE IS PROHIBITED.
B. PROPRIETARY MARKINGS. YOU MAY NOT REMOVE ANY COPYRIGHT, TRADEMARK OR OTHER PROPRIETARY NOTICE CONTAINED ON THE OUR WEBSITE OR ANY CONTENT CONTAINED THEREIN.
C. FEEDBACK. YOU AGREE THAT ANY AND ALL FEEDBACK, REVIEWS, SUGGESTIONS, DESIGNS, CONCEPTS, PHOTOGRAPHS, TESTIMONIALS, AND OTHER ITEMS OR MATERIALS (EXCEPT FOR YOUR PERSONAL INFORMATION) DISCLOSED OR SUBMITTED TO IC THROUGH THIS WEBSITE OR BY OTHER MEANS ("SUBMISSIONS") ARE NEITHER CONFIDENTIAL OR PROPRIETARY TO YOU AND MAY BE USED BY IC WITHOUT RESTRICTION OR COMPENSATION. BY MAKING A SUBMISSION TO IC, YOU GRANT TO IC UNDER ALL RIGHT, TITLE AND INTEREST, INCLUDING COPYRIGHTS, IN THE SUBMISSION A NONEXCLUSIVE, ROYALTY-FREE, PERPETUAL, IRREVOCABLE, AND FULLY SUBLICENSABLE RIGHT TO USE, REPRODUCE, MODIFY, ADAPT, PUBLISH, TRANSLATE, CREATE DERIVATIVE WORKS FROM, DISTRIBUTE, DISPLAY AND OTHERWISE FULLY EXPLOIT SUCH SUBMISSIONS. IC HAS NO OBLIGATION (i) TO KEEP ANY SUBMISSION CONFIDENTIAL; (ii) TO PAY YOU OR ANYONE ANY COMPENSATION FOR ANY SUBMISSION OR FOR USING A SUBMISSION; OR (iii) TO RESPOND TO OR ACKNOWLEDGE ANY SUBMISSION. YOU REPRESENT AND WARRANT THAT NO SUBMISSION YOU MAKE WILL VIOLATE ANY RIGHT OF ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, COPYRIGHT, TRADEMARK, PATENT, TRADE SECRET, PRIVACY OR OTHER PERSONAL OR PROPRIETARY RIGHT. BY MAKING A SUBMISSION, YOU AGREE THAT IC HAS THE RIGHT (BUT NOT THE OBLIGATION) TO COPY, PUBLISH, DISTRIBUTE OR USE SUCH SUBMISSION FOR ANY PURPOSE, INCLUDING, BUT NOT LIMITED TO, ADVERTISING, PROMOTIONAL, PRODUCT DEVELOPMENT OR OTHER COMMERCIAL PURPOSES, WITHOUT COMPENSATION TO YOU OR TO ANY OTHER PERSON. YOU ARE AND SHALL REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF ANY SUBMISSION YOU MAKE.
XI. USE RESTRICTIONS
A. NO SCRAPING. YOU MAY NOT USE ANY AUTOMATIC DEVICE, PROGRAM, OR METHODOLOGY (INCLUDING, WITHOUT LIMITATION, “PAGE-SCRAPE,” “ROBOT,” OR “SPIDER”), OR ANY SIMILAR OR EQUIVALENT MANUAL PROCESS, TO ACCESS, ACQUIRE, COPY, OR MONITOR ANY PORTION OF THE WEBSITE, TO OBTAIN OR ATTEMPT TO OBTAIN ANY MATERIALS, DOCUMENTS OR INFORMATION THROUGH ANY MEANS NOT PURPOSELY MADE AVAILABLE THROUGH THE WEBSITE. IC RESERVES THE RIGHT TO BAR ANY SUCH ACTIVITY.
NO CIRCUMVENTION. YOU MAY NOT ATTEMPT TO GAIN UNAUTHORIZED ACCESS TO ANY PORTION OR FEATURE OF THE WEBSITE, OR ANY OTHER SYSTEMS OR NETWORKS CONNECTED TO THE WEBSITE BY HACKING, PASSWORD “MINING” OR ANY OTHER ILLEGITIMATE MEANS.
IN ADDITION, YOU MAY NOT PROBE, SCAN OR TEST THE VULNERABILITY OF THE WEBSITE OR ANY NETWORK CONNECTED TO THE WEBSITE, NOR BREACH THE SECURITY OR AUTHENTICATION MEASURES ON THE WEBSITE. YOU MAY NOT REVERSE LOOK-UP, TRACE OR SEEK TO TRACE ANY INFORMATION ON ANY OTHER USER OF OR VISITOR TO THE WEBSITE, OR ANY OTHER CLIENT OF IC, OR EXPLOIT THE WEBSITE OR ANY SERVICE OR INFORMATION MADE AVAILABLE OR OFFERED BY OR THROUGH THE WEBSITE, IN ANY WAY WHERE THE PURPOSE IS TO REVEAL ANY INFORMATION, INCLUDING BUT NOT LIMITED TO PERSONAL IDENTIFICATION OR INFORMATION, OTHER THAN YOUR OWN INFORMATION, AS PROVIDED FOR BY THE WEBSITE.
C. NO INTERFERENCE. YOU AGREE NOT TO USE ANY DEVICE, SOFTWARE OR ROUTINE TO INTERFERE OR ATTEMPT TO INTERFERE WITH THE PROPER WORKING OF THE WEBSITE OR ANY TRANSACTION BEING CONDUCTED ON THE WEBSITE, OR WITH ANY OTHER PERSON’S USE OF THE WEBSITE.
D. NO UNLAWFUL USE. YOU MAY NOT USE THE WEBSITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THESE USE TERMS, OR TO SOLICIT THE PERFORMANCE OF ANY ILLEGAL ACTIVITY OR OTHER ACTIVITY WHICH INFRINGES THE RIGHTS OF IC OR OTHERS.
XII. TERMS AND CONDITIONS OF SALE FOR IC WEBSITES
A. THE PURCHASE OR ATTEMPTED PURCHASE BY YOU OF ANY PRODUCTS OFFERED ON IC WEBSITES IS SUBJECT TO THESE SALE TERMS. FOR EACH ORDER ON IC WEBSITES, YOUR ACCEPTANCE OF THE SALE TERMS IN FORCE AT THE DATE OF THE ORDER WILL BE REQUIRED.
1. PURCHASE – GENERAL TERMS
2. PURCHASE – CONFIRMATION
3. PURCHASE – PRICING AND PAYMENT
4. SHIPPING AND DELIVERY
f). DELIVERY PROBLEMS. ANY DELIVERY FAILURE OR LATE DELIVERY THAT EXCEEDS TEN (10) BUSINESS DAYS SHOULD BE REPORTED TO OUR CLIENT SERVICES AS SOON AS POSSIBLE. IN ORDER FOR YOUR CLAIM OF DELIVERY FAILURE OR LATE DELIVERY TO BE ACCEPTED, YOU MUST NOTIFY US WITHIN THIRTY (30) CALENDAR DAYS FROM THE DATE OF CONFIRMATION OF YOUR ORDER.
YOU MUST CHECK THAT YOUR SHIPMENT IS CORRECT ON DELIVERY. IF THERE ARE ANY DISCREPANCIES IN YOUR ORDER, FOR EXAMPLE DAMAGED OR MISSING GOODS, WHEN YOU RECEIVE YOUR ORDER, YOU SHOULD NOTE THE NATURE OF THE PROBLEM BY HAND, IF POSSIBLE, ON THE DELIVERY NOTICE, AND SIGN. YOU MUST CONTACT US AS SOON AS POSSIBLE BUT NO LATER THAN TEN (10) CALENDAR DAYS AFTER RECEIVING THE DELIVERY.
5. RETURNS AND EXCHANGES
a). RETURNS AND EXCHANGES OF PURCHASED ITEMS. YOU MAY RETURN ANY FULL-PRICED PRODUCT ORDERED ON THE IC WEBSITES FOR EXCHANGE OR REFUND WITHIN TEN (10) CALENDAR DAYS FROM THE DELIVERY DATE; PROVIDED HOWEVER SAMPLE ILLUSTRATION VIAL(S) ARE NOT RETURNABLE. RETURNED PRODUCTS MUST BE IN THEIR ORIGINAL CONDITION, UNUSED, UNWASHED, UNALTERED, AND IN THE SAME CONDITION IN WHICH IT WAS RECEIVED WITH ALL TAGS ATTACHED, AND IN THE ORIGINAL PACKAGING (INCLUDING, IF POSSIBLE, THE ORIGINAL DELIVERY BOX). THE ORIGINAL INVOICE MUST BE PROVIDED WITH ANY RETURN. IC WILL DETERMINE IN ITS SOLE DISCRETION WHETHER THE PRODUCTS ARE IN ORIGINAL CONDITION WHEN RETURNED. IF IC DETERMINES THAT THE PRODUCTS ARE NOT IN ORIGINAL CONDITION THEY WILL BE RETURNED TO YOU. PLEASE ALLOW UP TO TEN (10) BUSINESS DAYS FOR THE PROCESSING OF YOUR RETURN.
RETURNING A PRODUCT FOR EXCHANGE OR REFUND IS AT NO ADDITIONAL COST IF YOU USE OUR PRE-PAID LABELS. TO RETURN A PRODUCT, LOGIN TO YOUR ACCOUNT TO REQUEST A RETURNS MERCHANDISE AUTHORIZATION (COMMONLY REFERRED TO AS “RMA”) AND TO DOWNLOAD A PRE-PAID SHIPPING LABEL. ADDITIONAL INSTRUCTIONS MAY BE PROVIDED ON THE INVOICE OR THROUGH THE RETURN PROCESS. IN ORDER TO RETURN A PRODUCT AT NO ADDITIONAL COST TO YOU, YOU MUST RETURN IT TO USING OUR CARRIER BY USING OUR SYSTEM OF PRE-PAID RETURN LABELS. IC DOES NOT TAKE TITLE TO ANY RETURNED PRODUCTS UNTIL THEY ARE RECEIVED BY US.
d). RETURNS AND SHIPPING COSTS. IF YOU RETURN PRODUCTS FOR EXCHANGE, THE SHIPPING COSTS, IF APPLICABLE, FOR THE FIRST DELIVERY WILL NOT BE REFUNDED. HOWEVER, YOU WILL NOT BE CHARGED FOR THE SHIPPING COSTS OF ONE EXCHANGE DELIVERY PER ORDER. ONLY ONE EXCHANGE PER ITEM WILL BE HONORED.
IF YOU REQUEST A REFUND, THE ORIGINAL SHIPPING COSTS WILL BE REFUNDED ONLY IF THE PRODUCTS ARE RETURNED BECAUSE THEY WERE NOT AS ORDERED OR WERE DAMAGED.
e). ADDITIONAL TERMS FOR PERSONAL CARE, COSMETICS AND FRAGRANCE PRODUCTS.
IN ADDITION TO THE CONDITIONS DESCRIBED ABOVE, FOR PERSONAL CARE, COSMETIC AND FRAGRANCE PRODUCTS TO BE RETURNED THEY MUST NOT BE OPENED (MUST BE IN ORIGINAL PACKAGING WITH TRANSPARENT FILM INTACT WHERE TRANSPARENT FILM IS USED). IF THE TRANSPARENT FILM HAS BEEN OPENED OR REMOVED THE ITEM WILL NOT BE ACCEPTED FOR RETURN OR EXCHANGE.
IN THE EVENT A PERSONAL CARE, COSMETIC OR FRAGRANCE PRODUCT IS DEFECTIVE OR DAMAGED DURING DELIVERY, YOU MUST CONTACT CLIENT SERVICES AT CONCIERGE@IDENTITYNARRATIVE.COM FOR ADDITIONAL INSTRUCTIONS PRIOR TO AN ATTEMPTED RETURN.
6. ADDITIONAL TERMS OF SALE REQUIREMENTS
(1) TERMINATION OF ACCESS
YOU AGREE THAT IC MAY, IN ITS SOLE DISCRETION AND WITHOUT PRIOR NOTICE, TERMINATE YOUR ACCESS TO THE WEBSITE, FOR CAUSE, WHICH INCLUDES (BUT IS NOT LIMITED TO) (i) REQUESTS BY LAW ENFORCEMENT OR OTHER GOVERNMENT AGENCIES, (ii) A REQUEST BY YOU (SELF-INITIATED ACCOUNT DELETIONS), (iii) DISCONTINUANCE OR MATERIAL MODIFICATION OF THE WEBSITE OR ANY SERVICE OFFERED ON OR THROUGH THE WEBSITE, OR (iv) UNEXPECTED TECHNICAL ISSUES OR PROBLEMS.
(2) DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
THE IC WEBSITES AND ITS CONTENTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. IC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE WEBSITE, CONTENT, SERVICES OR THE PRODUCTS OFFERED THROUGH THE WEBSITE NOR AS TO THE MERCHANDISE BEING SOLD TO YOU. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, WHICH EXTEND BEYOND THE DESCRIPTION OF THE MERCHANDISE CONTAINED ON OUR ORDER CONFIRMATION.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IC DOES NOT REPRESENT, WARRANT, OR GUARANTEE THAT:
(3) LIMITATION OF LIABILITIES; INDEMNITY.
XIV. GENERAL INDEMNIFICATION
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD US HARMLESS FOR ANY LOSS, DAMAGES OR COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM ANY THIRD PARTY CLAIM, ACTION, OR DEMAND ARISING FROM (i) YOUR USE OF THE SITES OR THE SITE CONTENT IN VIOLATION OF ANY LAW, RULE, REGULATION OR BREACH OF THESE TERMS AND CONDITIONS, OR (ii) ANY PART OF USER CONTENT. YOU ALSO AGREE TO INDEMNIFY US FOR ANY LOSS, DAMAGES, OR COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM YOUR USE OF SOFTWARE ROBOTS, SPIDERS, CRAWLERS, OR SIMILAR DATA GATHERING AND EXTRACTION TOOLS, OR ANY OTHER ACTION YOU TAKE THAT IMPOSES AN UNREASONABLE BURDEN OR LOAD ON OUR INFRASTRUCTURE.
XV. LAW AND DISPUTES
OUR TERMS, INCLUDING THE USE TERMS, THE SALE TERMS, AND THE ADDITIONAL TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF ILLINOIS, WITHOUT REGARD TO ITS PRINCIPLES OF CONFLICTS OF LAWS, AND SHALL GOVERN ALL MATTERS ARISING OUT OF OR RELATING TO THE USE TERMS OR SALE TERMS, INCLUDING, WITHOUT LIMITATION, THEIR VALIDITY, INTERPRETATION, CONSTRUCTION, PERFORMANCE, AND ENFORCEMENT. IN THE EVENT OF A DISPUTE, THE STATE AND FEDERAL COURTS LOCATED IN THE CIRCUIT COURT OF THE COUNTY OF COOK IN THE CITY OF CHICAGO, IL, SHALL HAVE EXCLUSIVE JURISDICTION AND YOU HEREBY AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF SUCH COURT AND YOU IRREVOCABLY AND UNCONDITIONALLY WAIVE AND AGREE NOT TO PLEAD OR CLAIM IN ANY SUCH COURT THAT ANY SUCH ACTION, SUIT OR PROCEEDING BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM. IC SHALL BE ENTITLED TO SEEK AND OBTAIN INJUNCTIVE OR OTHER EQUITABLE RELIEF TO PROTECT ITS RIGHTS HEREUNDER WITHOUT THE NEED TO POST ANY BOND OR SURETY.
WITH RESPECT TO ANY DISPUTE, CLAIM OR CONTROVERSY REGARDING THE SITE, ALL RIGHTS AND OBLIGATIONS AND ALL ACTIONS CONTEMPLATED BY THESE TERMS AND CONDITIONS SHALL BE GOVERNED BY THE LAWS OF ILLINOIS, AS IF THE TERMS AND CONDITIONS WERE A CONTRACT WHOLLY ENTERED INTO AND WHOLLY PERFORMED WITHIN ILLINOIS. ANY DISPUTE RELATING IN ANY WAY TO YOUR USE OF THE SITE, THESE SITE TERMS AND CONDITIONS, OR THE RELATIONSHIP BETWEEN THE PARTIES (OTHER THAN CLAIMS RELATING TO THE INTELLECTUAL PROPERTY RIGHTS OF IC OR OUR AFFILIATES, PARTNERS OR LICENSORS OR CLAIMS IN EQUITY) SHALL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN ILLINOIS AND YOU AGREE TO SUBMIT YOURSELF TO THE JURISDICTION AND PROCEEDINGS THEREOF. ARBITRATION MEANS THAT AN ARBITRATOR(S) WILL DECIDE THE CLAIM, AND YOU WILL NOT HAVE THE RIGHT TO SUE IN COURT OR TO HAVE A JUDGE OR JURY DECIDE YOUR CLAIM. YOUR RIGHTS TO PREHEARING EXCHANGE OF INFORMATION AND APPEALS MAY ALSO BE LIMITED IN ARBITRATION.
IT IS FURTHER AGREED THAT ANY DISPUTE OVER THE SCOPE OF THIS ARBITRATION PROVISION AND ANY DISPUTE AS TO WHETHER A CLAIM IS ARBITRAL SHALL BE SUBMITTED TO THE ARBITRATOR FOR DECISION. NOTWITHSTANDING THE FOREGOING, TO THE EXTENT YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE OUR INTELLECTUAL PROPERTY RIGHTS OR THE INTELLECTUAL PROPERTY RIGHTS OF OUR AFFILIATES, PARTNERS OR LICENSORS OR OTHERWISE HAVE A CAUSE OF ACTION IN EQUITY, WE MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY COURT OF COMPETENT JURISDICTION AND YOU CONSENT TO JURISDICTION AND VENUE IN ANY SUCH COURT FOR SUCH PURPOSES. ARBITRATION UNDER THIS AGREEMENT SHALL BE CONDUCTED UNDER THE CONSUMER-RELATED DISPUTES SUPPLEMENTARY RULES THEN PREVAILING WITH THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATOR'S AWARD SHALL BE BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ARBITRATION UNDER THESE TERMS AND CONDITIONS SHALL BE JOINED TO AN ARBITRATION INVOLVING ANY OTHER PARTY SUBJECT TO THIS TERMS AND CONDITIONS, WHETHER THROUGH CLASS ARBITRATION PROCEEDINGS OR OTHERWISE.
YOU AGREE THAT ANY ARBITRATION OR PROCEEDING SHALL BE LIMITED TO THE DISPUTE BETWEEN US AND YOU INDIVIDUALLY, AND (i) NO ARBITRATION OR PROCEEDING SHALL BE JOINED WITH ANY OTHER; (ii) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED OR RESOLVED ON A CLASS ACTION-BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; AND (iii) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR ANY OTHER PERSONS. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
XVI. MISCELLANEOUS
XVII. CONSENT TO RECEIVE NOTICES ELECTRONICALLY BY POSTING ON THE SITE AND VIA EMAIL
YOU CONSENT TO RECEIVE ANY AGREEMENTS, NOTICES, DISCLOSURES AND OTHER COMMUNICATIONS (COLLECTIVELY, REFERRED TO AS "NOTICES") TO WHICH THESE TERMS AND CONDITIONS REFER FROM US ELECTRONICALLY INCLUDING WITHOUT LIMITATION BY E-MAIL OR BY POSTING NOTICES ON THIS SITE. YOU AGREE THAT ALL NOTICES THAT WE PROVIDE TO YOU ELECTRONICALLY SATISFY ANY LEGAL REQUIREMENT THAT SUCH COMMUNICATIONS BE IN WRITING. TO WITHDRAW YOUR CONSENT TO RECEIVE NOTICES ELECTRONICALLY, YOU MUST NOTIFY US OF YOUR WITHDRAWAL OF SUCH CONSENT BY EMAILING US TO OPT-OUT AT INFO@IDENTITYNARRATIVE.COM AND DISCONTINUE YOUR USE OF THIS SITE. IN SUCH EVENT, ALL RIGHTS GRANTED TO YOU PURSUANT TO THESE TERMS AND CONDITIONS, INCLUDING BUT NOT LIMITED TO THE LIMITED LICENSES SET FORTH IN SECTION V HEREOF, SHALL AUTOMATICALLY TERMINATE. UNFORTUNATELY, WE CANNOT PROVIDE THE BENEFITS OF THIS SITE TO ANY USER THAT CANNOT CONSENT TO RECEIPT OF NOTICES ELECTRONICALLY.
PLEASE NOTE THAT THIS CONSENT TO RECEIVE NOTICES IS ENTIRELY SEPARATE FROM ANY ELECTION YOU MAY MAKE WITH RESPECT TO RECEIPT OF MARKETING COMMUNICATIONS. YOUR OPTIONS WITH RESPECT TO RECEIPT OF MARKETING COMMUNICATIONS ARE SET FORTH IN THE IC PRIVACY AND COOKIE POLICY.
XVIII. GENERAL
YOU ACKNOWLEDGE AND AGREE THAT THESE TERMS AND CONDITIONS CONSTITUTE THE COMPLETE AND EXCLUSIVE AGREEMENT BETWEEN US CONCERNING YOUR USE OF THE SITE, AND SUPERSEDE AND GOVERN ALL PRIOR PROPOSALS, AGREEMENTS, OR OTHER COMMUNICATIONS.
WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO CHANGE THESE TERMS AND CONDITIONS AT ANY TIME BY POSTING THE CHANGES ON THE SITE AND PROVIDING NOTICE OF SUCH CHANGE. ANY CHANGES ARE EFFECTIVE IMMEDIATELY UPON POSTING TO THE SITE AND RELEASE OF NOTICE OF SUCH CHANGE. YOUR CONTINUED USE OF THE SITE THEREAFTER CONSTITUTES YOUR AGREEMENT TO ALL SUCH CHANGED TERMS AND CONDITIONS. WE MAY, WITH OR WITHOUT PRIOR NOTICE, TERMINATE ANY OF THE RIGHTS GRANTED BY THESE TERMS AND CONDITIONS. YOU SHALL COMPLY IMMEDIATELY WITH ANY TERMINATION OR OTHER NOTICE, INCLUDING, AS APPLICABLE, BY CEASING ALL USE OF THE SITE.
NOTHING CONTAINED IN THESE TERMS AND CONDITIONS SHALL BE CONSTRUED AS CREATING ANY AGENCY, PARTNERSHIP, OR OTHER FORM OF JOINT ENTERPRISE BETWEEN US. OUR FAILURE TO REQUIRE YOUR PERFORMANCE OF ANY PROVISION HEREOF SHALL NOT AFFECT OUR FULL RIGHT TO REQUIRE SUCH PERFORMANCE AT ANY TIME THEREAFTER, NOR SHALL OUR WAIVER OF A BREACH OF ANY PROVISION HEREOF BE TAKEN OR HELD TO BE A WAIVER OF THE PROVISION ITSELF. IN THE EVENT THAT ANY PROVISION OF THESE TERMS AND CONDITIONS SHALL BE UNENFORCEABLE OR INVALID UNDER ANY APPLICABLE LAW OR BE SO HELD BY ANY APPLICABLE ARBITRAL AWARD OR COURT DECISION, SUCH UNENFORCEABILITY OR INVALIDITY SHALL NOT RENDER THESE TERMS AND CONDITIONS UNENFORCEABLE OR INVALID AS A WHOLE BUT THESE TERMS AND CONDITIONS SHALL BE MODIFIED, TO THE EXTENT POSSIBLE, BY THE ADJUDICATING ENTITY TO MOST FULLY REFLECT THE ORIGINAL INTENT OF THE PARTIES AS REFLECTED IN THE ORIGINAL PROVISION.
If you have any questions regarding these Terms and Conditions, please email us at ADMIN@ILILEWA.COM.