USER AGREEMENT AND DISCLAIMER OF LIABILITY
EFFECTIVE: December 1, 2021
PLEASE READ THIS AGREEMENT CAREFULLY AND CHECK BACK PERIODICALLY FOR CHANGES. By accessing the Website (defined below), you agree to be bound by the terms and conditions set forth herein. These terms and conditions are subject to change without notice. These terms and conditions constitute the entire agreement between you and IMI Defense, Inc. (defined below), and govern your use of the Website, superseding any prior agreements between you and IMI Defense relating to your use of the Website.
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DO NOT ACCESS THE WEBSITE.
IMI Defense, Inc. provides the information, data, documents, prices, applications, text, images, graphics, video, audio, and all other content (collectively “Content”) contained on www.imidefense.com for informational purposes only. By accessing the Website, you, and any parties on whose behalf or for whose benefit you access, view, or otherwise use (collectively “use”) the Website, (collectively, “you” or “User”), agree to be legally bound by and comply with the terms and conditions contained within the User Agreement and Disclaimer of Liability (the “Agreement”). This Agreement governs the use of the Website including all Content contained therein and limits the liability of IMI Defense resulting from any use of such Content.
Accessing or otherwise using the Website constitutes your acceptance of the terms and conditions of this Agreement. Any terms and conditions which you include in any purchase order, confirmation of an order or other document are expressly excluded. Any variation of the terms and conditions in this Agreement will be binding on IMI Defense only if agreed in writing by you and an authorized representative of IMI Defense. You represent and warrant that you have the legal authority to accept this Agreement on behalf of yourself and any parties on whose behalf or for whose benefit you access or otherwise use the Website. This website is not intended to be used by children under 13 years of age. No information should be submitted to, or posted to the Website by Users under 13 years of age.
PERMISSION TO USE, LIMITATIONS, TERMINATION
IMI Defense hereby grants User permission to use the Website subject to the terms and conditions of this Agreement. The Website may be used only for personal, noncommercial informational purposes only, and you may not use the Website for any purpose that is unlawful or prohibited by this Agreement, nor may you use the Website to create any material that is harmful, threatening, abusive, obscene, vulgar, defamatory, harassing, tortious, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, or that infringes on any patent, trademark, copyright, trade secret, or other proprietary rights of any third party. You may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other person’s use and enjoyment of the Website. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Website are protected under applicable copyrights, trademarks, registered trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Website, except as permitted herein, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Website. You agree to be bound by and to comply with this Agreement as it may be modified from time to time as set forth in this Agreement. You also agree to be bound by and to comply with all applicable government laws and regulations pertaining to your use of the Website and its contents. IMI Defense may cancel your permission to use all or any part of the Website at any time for any reason in the sole discretion of IMI Defense. Your permission to use the Website shall automatically terminate in the event that you violate this Agreement. All provisions of this Agreement other than the permission to use the Website shall survive termination.
IMI Defense strives to maintain the security of information provided in connection with the Website but cannot guarantee the security of any such information, and to the maximum extent permitted by law, IMI Defense shall not be responsible for any disclosure or compromise of User information. Further, you are responsible for maintaining the security of any passwords or other access keys provided to you for any restricted pages of the Website. IMI Defense has no obligation to store or maintain any information provided by or on behalf of you. Any information IMI Defense collects will be subject to our Website Privacy Notice and Policy as may be modified from time to time.
CHANGES TO WEBSITE, LIMITATION OF AVAILABILITY
At any time and for any reason in our sole discretion, IMI Defense may modify or discontinue any aspect or feature of the Website, including its content, pages, website links, social media, documents, information, functionality, hours of availability, pricing, registration requirements, the domain name addresses through which the Website is accessible, the equipment needed for its use, or this Agreement. The availability of the Website is subject to periodic downtime for maintenance and repairs and is subject to interruption due to causes beyond our reasonable control including computer viruses, failure of telecommunication links, or failure of Internet infrastructure. You acknowledge and agree that IMI Defense shall not be responsible for any interruptions of the availability of the Website.
EXCLUSIVE USE REMEDY, TYPOGRAPHY ERRORS
In the event that you are dissatisfied with any aspect of the Website, your sole remedy shall be to discontinue use of the Website. The content of the Website may contain errors, omissions or typographical errors. IMI Defense shall not be liable for any such errors.
DISCLAIMER OF WARRANTIES
Although IMI Defense strives to provide high-quality content on the Website, IMI Defense does not guarantee or warrant the accuracy, completeness, suitability, availability, or timeliness of anything posted on the Website. Prices and availability of products are subject to change without notice. The Website should not be relied upon for personal, medical, legal, or financial information or decisions, and you should consult an appropriate professional for specific advice tailored to your situation. The website is provided “as-is” with all faults, and IMI Defense disclaims to the maximum extent permitted by law all warranties relating to the website, whether express, implied or statutory, including any implied warranties of merchantability, fitness for a particular purpose or title, warranties against infringement or interference with enjoyment, or warranties arising from course of dealing or usage of trade. By way of illustration and without limitation, IMI Defense does not warrant that the Website will fulfill any user’s particular requirements, that access to the Website will be uninterrupted or error free or that any information obtained through the Website is accurate. In the event the Website links to other websites, IMI Defense is not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by IMI Defense. Inclusion of any linked website on IMI Defense’s Website does not imply approval or endorsement of the linked website by IMI Defense. If you decide to leave IMI Defense’s Website and access these third-party sites, you do so at your own risk.
DISCLAIMER OF LIABILITY
IMI Defense shall not have any responsibility or liability to any user or its principals or agents for any damages, whether general, special, direct, indirect, incidental, consequential or exemplary, including any lost profits or lost savings, loss of goodwill, or other intangible losses, whether or not foreseeable and whether based on contract, tort, common law or any other theory of liability, statute or regulation. User expressly acknowledges and agrees that IMI Defense is providing access to the Website in reliance on the disclaimers and limitations set forth in this Agreement, and further acknowledges and agrees that such limitations are reasonable. In no event shall IMI Defense’s liability to User exceed the amount actually paid by User for use of the Website. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above may not apply to you. In such jurisdictions, liability is limited to the fullest extent permitted by law.
PROPRIETARY RIGHTS, RESTRICTIONS
You acknowledge and agree that the Website’s content, design, code, underlying technology and related items are proprietary to IMI Defense and protected by U.S. and international copyright laws, trade secret laws, trademark laws and other laws. The posting of content on the Website by IMI Defense does not constitute a waiver of any right in such content. This Agreement does not provide you with any right or interest in IMI Defense’s proprietary rights related to the Website or otherwise, and all such rights shall continue to be owned by IMI Defense. Except to the extent express written permission is given to you by IMI Defense, you shall not copy, reproduce or otherwise duplicate the Website or its content, in whole or in part, or access or attempt to access any of IMI Defense’s systems, programs, data, code, underlying technology, or content that is not made available for public use, or use any content on the Website other than for its intended purpose. Limited permission is hereby given to you to view, print or download information on the Website that is made available by IMI Defense for public viewing, printing or downloading, for your own personal, non-commercial informational use and not for republication, distribution, assignment, sublicense, sale, transfer, preparation of derivative works or other use. No part of any content may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution). Placing links to the Website on other sites is prohibited absent IMI Defense’s permission. Data mining, harvesting or similar collection of email addresses or other information on the Website is prohibited. The trademarks appearing on the Website are trademarks of IMI Defense or others and may not be used without the express written permission of IMI Defense or their respective owners.
CHOICE OF LAW & FORUM; INDEMNIFICATION
This Agreement shall be governed exclusively by its terms and by the laws of the State of Israel. You hereby irrevocably consent and agree to the exclusive jurisdiction and venue in the State of Israel with respect to any disputes or litigation arising out of or relating to this Agreement, provided that IMI Defense may bring an action to enforce its rights in any forum having jurisdiction. In the event IMI Defense is required to incur any attorneys’ fees, costs or other expenses in connection with enforcing or defending its rights under this Agreement, you shall reimburse IMI Defense for such attorneys’ fees, costs and expenses. You agree to defend, indemnify and hold IMI Defense and its officers, managers, employees, agents and licensors harmless from all judgments, awards, losses, liabilities, costs and expenses, including but not limited to reasonable attorneys’ fees, expert witness fees, and costs of litigation arising out of or based on (a) content you submit, post to or transmit through the Website, (b) your use of the Website, (c) your connection to the Website, (d) your violation of the terms and conditions contained in this Agreement, or (e) your violation of any rights of a third party, including intellectual property rights. Any cause of action or claim you may have directly or indirectly arising out of or relating to this Agreement or the Website must be commenced within one (1) year after the claim or cause of action arises.
SHIPPING & TAX TERMS
The currency is calculated according to the value at the day of charge. All bank exchange & other fees are under the customer & will not be covered by IMI Defense. Prices are excluding TAX, VAT, local Customs Fees and all other local charges.
In the event that any provision of this Agreement is held to be invalid or unenforceable, the remainder of this Agreement shall continue in full force and effect, and the provision held to be invalid or unenforceable shall be automatically amended to most closely approximate the original provision on terms that are valid and enforceable and the court or other adjudicating authority holding such provision invalid or unenforceable shall make such amendment accordingly. This Agreement shall control over any conflicting documents or information, including information on the Website. IMI Defense may modify the terms of this Agreement from time to time by posting changes to this Agreement on the Website. No provision of this Agreement may be amended, modified or waived except as provided in the foregoing sentence. You agree to review this Agreement from time to time and comply with any changes. Any use of the Website after our posting of any such changes shall constitute your acceptance of this Agreement as modified. The terms of this Agreement constitute the mutual agreement of the parties and shall be construed neutrally and not for or against either party. Any rights not expressly granted to User in this Agreement are reserved by IMI Defense.
“GLOCK” is a federally registered trademark of GLOCK, Inc. and is one of many trademarks owned by GLOCK, Inc. or GLOCK Ges.m.b.H. IMI Defense nor its website is not affiliated with nor endorsed by GLOCK, Inc. or GLOCK Ges.m.b.H.