Terms of Service

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. WHEN YOU USE OR ACCESS OUR WEBSITE YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF AT ANY TIME YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, YOU MUST IMMEDIATELY STOP USING THE WEBSITE.

Last Updated: March 10, 2015

This Terms of Service agreement sets forth the terms and conditions which will apply to the website www.ilesformula.com (the “Website”), which is owned by Iles Formula, Inc. (referred to herein as “us”, “our”, “we”. “Iles Formula” or the “Company”).

License and Access

Iles Formula grants you a limited license to access and make personal use of the Website for NON COMMERCIAL PURPOSES ONLY and only to the extent such use does not violate these terms and conditions. You may download, print, and copy Website content for personal, noncommercial purposes only, provided you do not modify or alter that content in any way, delete or change any copyright or trademark notice, or violate these terms and conditions in any way. Accessing, downloading, printing, posting, storing, or otherwise using the Website or any of the Website’s content for any commercial purpose, whether on behalf of yourself or on behalf of any third party, constitutes a material breach of these terms and conditions. The Website is intended for use by individuals 18 years of age or older. If you are under 18, you may use this Website only with involvement of a parent or guardian.

Illegal or Abusive Usage is Strictly Prohibited

The Website may only be used for lawful purposes in accordance with the terms of the license granted in this Terms of Service agreement. As a condition of your use of this Website, you warrant to Iles Formula that you will not use the Website for any purpose that is unlawful or prohibited by this Terms of Service agreement. Whether on behalf of yourself or on behalf of any third party, YOU MAY NOT:

(a) Make any commercial use of the Website or its content, including making any collection or use of any product listings, descriptions, prices, or images;

(b) download, copy, or transmit any content for the benefit of any other merchant;

(c) use or attempt to use any engine, software, tool, agent, data, or other device or mechanism (including browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Website other than the search engine and search agents provided by Iles Formula or generally publicly available browsers;

(d) frame, mirror, or use framing techniques on any part of the Website without Iles Formula’s express prior written consent;

(e) make any use of data extraction, scraping, mining, or other data gathering tools, or create a database by systematically downloading or storing Website content, or otherwise scrape, collect, store, or use any content, product listings, descriptions, prices, or images, except pursuant to the limited license granted by this Terms of Service agreement;

(f) use any meta tags or any other hidden text utilizing Iles Formula’s name or marks;

(g) misrepresent the identity of a user, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Website, or express or imply that we endorse any statement you make;

(h) use a buying agent to conduct transactions on the Website;

(i) conduct fraudulent activities on the Website;

(j) violate or attempt to violate the security of the Website, including, without limitation: (i) accessing data not intended for you or logging onto a server or an account that you are not authorized to access; (ii) trying to change the behavior of the Website; (iii) attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures; (iv) attempting to interfere with service to any user, host, or network, including, without limitation, via means of submitting malware to the Website, overloading, “flooding,” “spamming,” “mailbombing,” or “crashing”; (v) forging any header or any part of the header information in any email or posting; or (vi) forging communications on behalf of the Website (impersonating the Iles Formula Website) or to the Website (impersonating another user);

(k) send unsolicited or unauthorized email on behalf of Iles Formula, including promotions and/or advertising of products or services;

(l) tamper with the Website or use or attempt to use any device, software, routine, or data that interferes or attempts to interfere with the working or functionality of the Website or any activity being conducted on the Website;

(m)use the Website to defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others, including others’ privacy rights or rights of publicity;

(n) harvest or collect personally identifiable information about other users of the Website;

(o) restrict or inhibit any other person from using the Website (including, without limitation, by hacking or defacing any portion of the Website);

(p) use the Website to advertise or offer to sell or buy any goods or services without Iles Formula’s express prior written consent;

(q) reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes any portion of, use of, or access to the Website;

(r) modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Website; or

(s) remove any copyright, trademark, or other proprietary rights notice from the Website or materials originating from the Website.

You may not impersonate or intimidate other users of our Website. International users agree to comply with all local laws regarding online conduct and acceptable content. Should you be found to have engaged in illegal or abusive usage of our Website, Company will suspend your account or usage as applicable.

Electronic Communication

When you visit our Website or send us emails, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Privacy Policy

Please refer to our Privacy Policy published on this Website.

Copyright

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software or other content, is the property of the Company, its suppliers or its licensors and is protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of the Company and i s protected by U.S. and international copyright laws. All software used on this site is the property of Company or its software suppliers and is protected by United States and international copyright laws.

Trademarks

“Iles Formula, Inc.” or “ilesformula.com” and other Company graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Company in the U.S. and other countries. Company’s trademarks and trade dress may not be used in connection with any product or service that is not Company’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Company. All other trademarks not owned by Company that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Company.

The Company, its suppliers and licensors expressly reserve all intellectual property rights in the intellectual property presented on the Website.

Your Comments, Product Reviews or Submissions to Iles Formula

While it is our policy to accept and consider your suggestions and questions, any such submissions, questions, comments, answers, suggestions, or the like, submitted by you to Iles Formula via this Website or by fax, mail, or otherwise, or transmitted, posted, or uploaded by you to this Website (collectively, “Your Submissions”) may be treated as non-confidential and nonproprietary, and Iles Formula will not assume any responsibility, obligation, or liability for them or for Iles Formula’s receipt or non-receipt of them. Iles Formula’s receipt of Your Submissions is not an admission by Iles Formula of their novelty, priority, or originality, and it does not impair Iles Formula’s right to contest existing or future intellectual property rights relating to Your Submissions.

You grant Iles Formula a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right and license to reproduce, distribute, publish, transmit, modify, adapt, translate, display, distribute, sell, license, publicly perform, prepare derivative works based upon, and otherwise use or exploit Your Submissions throughout the world in any and all media. You represent and warrant that: (a) you have the right and authorization to make the foregoing grant without the consent of any third party, and (b) Your Submissions are accurate and, is permitted to be used by Iles Formula under this Terms of Service agreement, do not and will not infringe any right of any third party.

When you send e-mail to us, you are communicating with us electronically and you consent to receive communications from us electronically. Furthermore, you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

“Your reviews” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to us for publication on our website whether as a product review or otherwise.

You grant to us a worldwide, irrevocable, non-exclusive, perpetual, royalty-free license to use, reproduce, adapt, publish, translate and distribute your reviews in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.

In addition, you grant us the right to include the name provided along with your reviews or your submissions; provided, however, Iles Formula shall have no obligation to include such name with your reviews or your submissions. We are not responsible for the use or disclosure of any personal information that you voluntarily disclose in connection with any of your reviews or your submissions. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding your review or your submissions that you may have under any applicable law under any legal theory.

You warrant and represent that your reviews will comply with these terms of use.

Your reviews must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law and in any jurisdiction).

Your reviews (and their publication on our sites) must not:

(a) be obscene or indecent;

(b) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;

(d) constitute negligent advice or contain any negligent statement; (e) constitute an incitement to commit a crime;

(f) be in contempt of any court, or in breach of any court order;

(g) be in breach of racial or religious hatred or discrimination legislation;

(h) be in breach of official secrets legislation;

(i) be in breach of any contractual obligation owed to any person or entity;

(j) depict violence in an explicit, graphic or gratuitous manner;

(k) be pornographic;

(l) be untrue, false, inaccurate or misleading;

(m)consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;

(n) constitute spam;

(o) be offensive, deceptive, threatening, abusive, harassing, or menacing, hateful, discriminatory or inflammatory; or

(p) cause annoyance, inconvenience or needless anxiety to any person.

Your reviews must be appropriate, civil, tasteful and in accord with generally accepted standards of etiquette and public behavior.

You must not use any review to link to any website or web page consisting of or containing material that would, were it posted on our website, breach the provisions of these terms of use.

You must not submit any reviews to the website that are or have ever been the subject of any threatened or actual legal proceedings or other similar complaint.

We reserve the right (but have no obligation) in our sole discretion to edit or remove any reviews submitted to the Website, or stored on our servers, or hosted or published upon the Website.

Notwithstanding our rights under these terms of use in relation to your reviews, we do not undertake to monitor the submission of reviews to, or the publication of reviews on, our website.

Accuracy of Information

We attempt to be as accurate as possible when describing our products and services on the Website; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, prices for products and services, hours of operation or other content available on the Website is accurate, complete, reliable, current, or error-free

Your Account

If you use or access this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Company reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

Disclaimer of Warranties and Limitation of Liability

THIS WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WE BSITE ARE PROVIDED BY T H E COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. T H E COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS W E BSITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THIS WEBSITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM COMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL ILES FORMULA OR ITS EMPLOYEES, DIRECTORS, OFFICERS, OR AGENTS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT OR TORT, EVEN IF ILES FORMULA HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. EACH PROVISION OF THESE TERMS AND CONDITIONS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THE AGREEMENT BETWEEN YOU AND ILES FORMULA. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND ILES FORMULA. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S). IF YOU ARE DISSATISFIED WITH THE WEBSITE, ANY CONTENT ON THE WEBSITE, OR THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE WEBSITE, THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN.

Applicable Law

By visiting our website, you agree that the laws of the State of New York, without regard to principles of conflict of laws, will govern these Terms of Service and any dispute of any sort that might arise between you and the Company.

Jurisdictional Issues

The Website is controlled and operated by Iles Formula from the United States, and is not intended to subject Iles Formula to the laws or jurisdiction of any state, country or territory other than that of the United States. Iles Formula does not represent or warrant that the Website or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. In choosing to access or use the website, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations. We may limit the website’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

Applicable Law

YOU AGREE THAT ALL MATTERS RELATING TO YOUR ACCESS TO OR USE OF THE WEBSITE AND ALL MATTERS ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS, INCLUDING ALL DISPUTES, WILL BE GOVERNED BY THE LAWS OF THE STATE OF NEW YORK, UNITED STATES OF AMERICA, WITHOUT REGARD TO NEW YORK’S CHOICE OF LAW PRINCIPLES. YOU FURTHERMORE AGREE THAT THE EXCLUSIVE FORUM AND VENUE FOR ANY LEGAL ACTION ARISING OUT OF OR RELATED TO THESE TERMS & CONDITIONS SHALL BE THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NEW YORK, AND YOU SUBMIT TO THE PERSONAL JURISDICTION OF THAT COURT. IF SUBJECT MATTER JURISDICTION (INCLUDING DIVERSITY JURISDICTION) DOES NOT EXIST IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NEW YORK, THEN THE EXCLUSIVE FORUM AND VENUE FOR ANY SUCH ACTION SHALL BE THE COURTS OF THE STATE OF NEW YORK LOCATED IN NEW YORK COUNTY, AND YOU SUBMIT TO THE PERSONAL JURISDICTION OF THAT COURT. THE MAKING OF CLAIMS OR RESOLUTION OF DISPUTES PURSUANT TO THIS AGREEMENT SHALL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE WEBSITE AND/OR THESE TERMS AND CONDITIONS WILL BE RESOLVED INDIVIDUALLY IN THE FORUM DESIGNATED IN THIS SECTION, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; AND (2) ANY AND ALL CLAIMS, JUDGMENTS, AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE.

Miscellaneous

These terms and conditions, including policies and information linked from or incorporated herein, constitute the entire agreement between you and Iles Formula with respect to the website and supersede all prior or contemporaneous communications, agreements, and proposals with respect to the website. No provision of these terms and conditions shall be waived except pursuant to a writing executed by the party against whom the waiver is sought. No failure to exercise, partial exercise of, or delay in exercising any right or remedy under these terms and conditions shall operate as a waiver or estoppel of any right, remedy, or condition. If any provision of these terms and conditions is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected or impaired. You may not assign, transfer, or sublicense any of your rights or obligations under these terms and conditions without our express prior written consent. We will not be responsible for failure to fulfill any obligation due to causes beyond our control.

Contact Us

If you have any questions regarding these terms and conditions, please contact us at 1-888-883- 9060 or by email at contact@ilesformula.com