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Privacy Policy

Terms of Use

This Agreement (“Agreement”) provides the terms and conditions ("Terms of Use") related to all services ("Services") offered to its Members by IMD Gold (“Company”) and through its website www.imdgold.com (the "Site"). By accessing or using this Site, you accept without limitations or qualifications to be bound by the Terms of Use. Company reserves the right to change the Terms of Use from time to time at its sole discretion. All changes will be posted on the site before being implemented.  Use of this site will be subject to the most current version of the Terms of Use posted on the Site. In addition, users shall be subject to any additional terms and conditions set out in policies regulated by any individual Services of the Company, including, without limitation, the Privacy Policy and other posted guidelines or rules applicable to such Services. All such policies, guidelines or rules are hereby incorporated by reference into this Agreement and regulated by its Terms of Use. Any breach any of the Terms of Use, may result in termination, limitation of access or use of Site, limitation or restriction of any activity, warning, temporarily suspension, indefinite suspension or termination of subscription. This Agreement is void where prohibited by law, and is incumbent upon the user to comply by the laws of their jurisdiction.

(a) REGISTRATION AND MEMBERSHIP

Portions of the Site are only available to individuals and entities that have registered as Members (“Members”) of Company and agree to use the site according to the Terms of Use. Members have the right to use the Services provided to them by Company and www.imdgold.com,. To become a Member, you must complete and submit Company registration form. By submitting a registration form, Members warrant that they are (a) 18 years of age or over, and (b) provide information on the registration form that is complete, accurate and up-to-date; and (c) signing up as a Member, or on behalf of an entity identified in the registration form and are authorized to sign for that entity; and (d) not a competitor, working for a competitor, or collecting information on behalf a competitor of Company. Member must update registration information, as necessary, to ensure that it continues to be current, complete, and accurate. Company reserves the right to accept or reject Member registrations. Members are asked to provide their own passwords. Their password will be activated once accepted.

(b) SUBSCRIPTION AND TERMINATION

Once Membership subscription is activated, subscription is valid until Member decides to terminate their account. Service fees are subject to change upon renewal of subscription, provided the fee change was posted prior to the renewal date. Renewal terms indicate agreement to any amendments to the Terms of Use and fee structure. Company, at its sole discretion, shall have the right to terminate any Member access to this Site at any time, for any reason, and shall not be obligated to disclose such reason to. Termination of access to this Site is sufficient for notice of termination of this Agreement. Termination is in addition to all other legal or equitable remedies available to Company in case of violation of Terms of Use.  Any unused portion of the Service Fees will be refunded upon termination by Company.  Member shall cease to access or to use any information obtained through Site.

The limitations and disclaimers of warranties, and the indemnity obligations of Members, and the provisions of governing law, jurisdiction and venue, shall survive the termination of this Agreement.

(c) PRICING

Company, at its sole discretion, shall have the right to adjust, modify, or bundle its pricing structure for any reason, at anytime without any prior notice. Changes to the pricing structure shall become effective once posted on the Site and shall apply to all members. All prices are quoted in US Dollars. Members are responsible for paying all duties and taxes associated with the price order, if applicable.

(d) USERNAME AND PASSWORD

Members are each responsible for maintaining the confidentiality of their account username(s) and password (s). Members are responsible for all uses of their own account, even when cases of usage were not actually or expressly authorized by member, provided there was no breach of password confidentiality.  If there is a breach of the confidentiality of a password(s) or username(s) assigned to you, or any breach of security through your Member's account, then you shall notify Company immediately in writing to sales@imdgold.com.

(e) COPYRIGHT AND LICENSE

The Services and content on this Site, including, but not limited to, the compilation of all data and information, are protected by copyright and/or other intellectual property laws and any unauthorized use of the content or Services at this Site may violate such laws. Except as expressly provided herein, Company and/or its Affiliates do not grant any express or implied right to you under any patents, copyrights, trademarks, rights in trade secrets, or other intellectual property rights with respect to the content and Services. Except as expressly permitted herein, no portion of the content on this Site may be reproduced in any form or by any means without the prior written permission of Company.

(f) USE OF MEMBER INFORMATION

Company may collect information about a Member and a Member's use of Company website and services ("Member Information"), in order to make various content, features, functions and Services available to Members. Members hereby acknowledge and agree that Company's collection and use of Member Information as set forth in Company’s Terms if Use Policy and Privacy Policy, and use of Company's content, does not constitute a breach of right of privacy, publicity, or any other right related to protection of personal data. Members hereby waive any and all such claims or rights of action, whether foreseen or unforeseen, provided that Member Information is collected, stored, and used in accordance with Company's Privacy Policy.

(g) MEMBER CONTENT

Members are entirely and solely responsible for the content of any data or information submitted to Company through the Site. Company will not be responsible for confidential or proprietary information submitted by Members to the Site. By submitting information to the Site, Members hereby grant Company an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit, and distribute those materials or information.   Personal information, such as names, address, telephone numbers, etc., will remain subject to Company's Privacy Policy. For any information, data, content, or documents of any kind submitted or placed on the Site ("Member Content"), Member shall obtain any and all licenses to, or releases of intellectual or proprietary rights in or to the Member Content before delivery to the Site.  Some Services offered on the Site require Member Content.

(h) MEMBER OBLIGATIONS AND WARRANTIES

Members may use the Site in accordance with the Terms of Use in this Agreement. Members warrant that the use of the Site and the Member Content posted on the Site, shall not: (i) be false, inaccurate or misleading, (ii) be fraudulent or involve the sale of counterfeit or stolen items (iii) be defamatory, libelous, obscene, excessively violent, scandalous, unlawfully threatening or unlawfully harassing, (iv) contain viruses or other contaminating or destructive features, (v) violate the personal, proprietary, or intellectual property rights of any third party, or (vi) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising).

Except as specifically permitted by writing Member shall not (i) reproduce or distribute any information available through the Site, electronically or otherwise, or (ii) store or aggregate that information, or (iii) share, transfer, rent, or sublicense any of its rights under this Agreement to any other party.

 

(i) LINKS TO OTHER WEB SITES

This Site may contain links to other Web sites that are not under the control of Company. Company makes no representations whatsoever about any other Web site’s content, accuracy, reliability, data, opinions, representations, services, and other material including the Web sites of Company Associates. When linking to another Web site, you do so at your own risk and Company is not responsible for any damage or loss caused or alleged to be caused through or in connection with use of or reliance on the content, goods, or services available on or through any such link. Inclusion of such links does not imply that Company endorses or accepts any responsibility for the content or uses of such Web sites.

(j) WARRANTIES AND DISCLAIMERS

All content and services this site are provided “as is” and Company makes no warranty or representation of any kind, whether expressed or implied, including but not limited to the implied warranty of merchantability, accuracy, or use for a specific purpose, except as provided in a written statement, signed by an authorized representative of Member’s company.  Company makes no warranty that the services and materials will meet all Members’ requirements, will be un-interrupted, timely, accurate and error-free. This site could include technical, spelling errors and content inaccuracies.  Company may make updates, changes, edits, or other modifications at any time without any prior notice.  Company is not responsible for errors, omissions, inaccuracies, discrepancies, warranties and representation of Company’s Associate sites and content.  Company and/or its Associates are not liable for any incidental, punitive, direct, indirect, or consequential damages or harm of any kind.  The use of Company website, content, and services is done at Members sole discretion and risk, and with expressed agreement that any damage to computer, or loss of data or information as a result of use of Company and Company Associate’s websites will not be the responsibility of Company.

(k) INDEMNITY

Member shall, at their own expense, indemnify, defend, and hold Company and its subsidiaries, affiliates, officers, employees, agents, co-branders, associates, suppliers, or other partners harmless from and against any losses, costs, damages, liabilities, and expenses (including reasonable attorneys' fees), arising out of or related to a third-party claim, action or allegation (a) related in any way to a transaction or dispute between you and another Member or between you and any third party, (b) based on or caused by unauthorized access to the Site through Member's account, (c) is based on facts or alleged facts that would constitute a breach of any of Member's representations, warranties, or covenants under this Agreement, or (d) arising out of a request for Company to remove or disable access to any Member Content in or on the Site. Member shall not enter into a settlement of the foregoing without Company prior written consent, and shall not incur expenses and fees in defending the above claims, actions, or allegations without prior approval from Company.

(l) ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between Member and Company with respect to the Site, and supersedes all prior agreements written or oral. Company may modify this Agreement by posting the new terms and conditions. Continued use of the will be considered as acceptance of the modifications.

(m) WAIVER

Company’s failure to enforce any provision of this Agreement will not be construed as a waiver of any provision or right. In the event that a portion of this Agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. Waiver by either party of a breach of any provision of this Agreement or the failure by either party to exercise any right hereunder shall not be construed as a waiver of any subsequent breach of that right or as a waiver of any other right.  Company will not be liable for failure to perform any of its obligations under this Agreement if such failure is caused by the occurrence of events beyond the reasonable control of Company including, without limitation, outages of the Internet or connections thereto, communications outages, earthquake, fire, flood, war, or act of God; or any acts of governmental bodies or authorities. The parties agree that this Agreement shall be written only in English.

(n) GOVERNING LAW AND JURISDICTION

This Site – www.imdgold.com is owned and operated exclusively by IMD Gold Inc. and governed by the laws of the State of California. Company makes no representation that the Site is appropriate or available for use in all locations, and accessing them from territories where their contents are illegal is prohibited. Members that choose to access this Site from other locations do so on their own initiative and risk and are responsible for compliance with local laws.