International Military Antiques Terms of Use Agreement

 

This Terms of Use Agreement (“Agreement”) governs your use of the International Military Antiques website and its associated content (collectively, “Website”), which is owned and operated by International Military Antiques, Inc., a corporation organized under the laws of the State of New Jersey (“IMA”). This Agreement and the terms contained herein is subject to change by IMA at any time, in its sole and absolute discretion, and without notice. Therefore, you are instructed to review the terms of this Agreement prior to using the Website. If you do not agree to the terms and conditions contained within this Agreement, you must discontinue your use of the Website immediately. Your continued use of the Website after a replacement, modification, or amendment of the terms of this Agreement will constitute your manifestation of assent to, and agreement with, any replacement, modification, or amendment herein.

 

You are also instructed to review IMA’s Privacy Policy before using the Website, and IMA incorporates its Privacy Policy as if fully restated herein.

 

NOTICE OF ARBITRATION: THIS TERMS OF USE AGREEMENT CONTAINS AN ARBITRATION PROVISION AND CLASS ACTION WAIVER. EXCEPT AS OTHERWISE STATED UNDER THE TERMS OF THIS AGREEMENT, AND IF YOU DO NOT OPT-OUT OF ARBITRATION AS SET FORTH BELOW, YOU AGREE THAT ANY AND ALL DISPUTES BETWEEN YOU AND IMA WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO BRING OR RESOLVE ANY DISPUT AS, OR PARTICIPATE IN, A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR ARBITRATION.

 

1. Acceptable Use of the Website

 

When you use the Website, you agree to use it only for its customary and intended purposes and as permitted by the terms of this Agreement and any applicable law, regulation, statute, or ordinance. Additionally, you agree that you are responsible for any breach of your obligations under the terms of this Agreement and for any losses suffered by IMA for such a breach, including, but not limited to, monetary damages. You are expressly prohibited from using the Website to violate any law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national or international, or to violate the rights of a third party, including, but not limited to, intellectual property rights, privacy rights, rights of publicity, or other personal or proprietary rights. Additionally, you are expressly prohibited from:

 

• Attempting to access the Website other than through a standard web browser unless you have been permitted to do so by IMA through a separate, written agreement;
• Accessing or attempting to access the Website through automated means;
• Circumventing the technological protection measures of the Website;
• Disrupting or otherwise interfering with the Website or its associated servers or networks;
• Scraping, reproducing, republishing, selling, reselling, duplicating, or trading the Website;
• Diverting or attempting to divert customer of the Website to another website or service;
• Sending unsolicited or unauthorized communications to users of the Website or third parties;
• Reverse engineering, decompiling, translating, or disassembling the Website or its content; and
• Encouraging or assisting any other party to do anything in violation of the terms of this Agreement.

 

IMA reserves the right to modify, amend, or terminate the Website or its associated content at any time and without prior notice. IMA also reserves the right to refuse service or access to the Website to any person or business entity at any time and without notice.

 

2. License to Use and Content

 

You acknowledge and agree that the Website is the property of or is licensed by IMA and is protected under United States and international law, including, but not limited to, intellectual property laws and other personal and proprietary rights. You acknowledge and agree that your use of the Website is limited by the license granted under the terms of this Agreement, and you expressly agree that you will not use the Website in any manner not expressly authorized under the terms of this Agreement. IMA reserves all of rights not expressly granted through this Agreement.

 

IMA provides you with a limited, non-exclusive, non-sublicensable, non-assignable, revocable, and royalty free license to use the Website for its customary and intended purposes. You are expressly prohibited from reproducing, preparing derivative works of, distributing copies of, publicly performing, and publicly displaying the Website.

 

When using the Website, you grant IMA an irrevocable, perpetual, sublicensable, transferable, non-exclusive, and royalty-free worldwide right and license to use, copy, modify, adapt, publish, transmit, perform, create derivative works from, and display publicly throughout the world and in any medium or form now existing or later created any content that you submit to the Website. You expressly agree that IMA may use this content for any purpose and that the use or republication of this content will be at IMA’s discretion and without compensation or attribution of any kind.

 

Further, IMA has the right, but not the obligation, to edit, monitor, analyze, append, remove, or refuse any content submitted by you to the Website. IMA takes no responsibility for an assumes no liability for any content that you submit to the Website, and you are solely responsible for any content that you submit to the Website.

 

3. Registered Accounts

 

When using the Website, IMA may provide you with the ability to register an account, which may allow you to obtain additional access to the Website, obtain wholesale pricing, review your order history, and receive updates on your orders (“Account”). To register for an Account, you must provide IMA with certain personal information, including your name, email address, and password. You warrant and agree that any information that you provide in association with your registration or use of an Account will be accurate, current, and complete.

 

For wholesale Accounts, IMA serves the right to charge an application fee. You understand and agree that any Account that is inactive for a period of twelve months or more may be terminated by IMA. Should you wish to reactivate a wholesale account after it has been terminated, you will again responsible for paying any applicable application fee associated with the opening of a wholesale account.

 

You acknowledge and agree that you control access to your Account. Your Account may only be used by you or by third parties with your express written consent. IMA will not be held responsible or liable for any unauthorized access to your Account, and you are under a continuing duty to promptly provide IMA with notice of any unauthorized or unusual access to your Account. You are advised to keep the username and password associated with your Account secure and secret. By creating an Account and providing your personal information to IMA, you acknowledge and agree that IMA may use your personal information to contact you.

 

IMA reserves the right to suspend or terminate your Account at any time and in its sole and absolute discretion, including, but not limited to, for a violation of any term or condition of this Agreement.

 

4. Orders and Payment

 

Each order submitted to IMA through the Website is an offer to IMA to buy the product(s) listed in the order. When you place an order to purchase a product through the Website, IMA will send you an email confirming receipt of your order. Your receipt of this email confirms that you have placed an order, and you understand and agree that this email does not constitute IMA’s acceptance of your order. No order will have been deemed to have been accepted by IMA until the product(s) contained within the order is shipped by IMA to you.

 

Payment for all orders placed through the website must be made at the time of ordering. You agree that you will pay all applicable taxes or charges imposed by any governmental entity anywhere in the world in connection with your use of the Website or purchase of goods through the Website. All costs and fees are quoted and payable in United States Dollars and you acknowledge and agree that IMA is not responsible for any foreign transaction fees or other fees charged to you by your financial institution or by IMA’s payment processor. You agree that you will not initiate any chargebacks to IMA unless otherwise authorized by IMA in writing. You understand and agree that you will be responsible and required to pay for any costs associated with any chargebacks that you have initiated against IMA.

 

For wholesale accounts, you understand and agree that a minimum purchase of $300 will apply to your first order, however, there is no minimum for subsequent orders. You understand and agree that custom orders may cause a delay in shipping or may be subject to additional, non-published fees. Should you have any questions concerning custom orders, please contact IMA before ordering.

 

Any incorrect billings must be reported within thirty (30) days of payment. If not reported within thirty (30) days of payment, IMA will consider all claims incorrect pricing or other error waived.

 

5. Product Pricing and Availability

 

While IMA strives to provide accurate prices for its products and to carry or have regular access to sufficient inventory, it is possible high volume or rare products are out of stock at the time of your order or that prices may not be accurately reflected on the Website. If this is the case, IMA will contact you in a reasonable time frame to advise you of the issue. You understand and agree that the price or availability of a product displayed through the Website does not guarantee that the product will be in stock, sold at the listed price, or that your order can be immediately fulfilled by IMA.

 

6. Shipping

 

Orders are normally processed and shipped within three (3) business days. IMA may provide shipping via USPS, UPS, FEDEX Ground, or other providers. All prices are Free Carrier (F.C.A.) and risk of loss and title passes to you upon delivery to the carrier.

 

Any damaged or incorrect shipments must be reported within fifteen (15) days of receipt. For damaged shipments, the original box and packaging must be kept until the carrier/shipper who delivered claims them unnecessary for any claim purpose. If not reported within fifteen (15) days of receipt, IMA will consider all claims of damage, defect, or other error waived. All shipment fees incurring from refused products shall be paid by you and will not be chargeable to IMA.

 

Shipping charges are based on the monetary amount of your order and the shipping destination. All shipments will be made consistent with IMA’s then in force shipping and handling policy, which is hereinafter incorporated by reference and may be changed at any time and within IMA’s sole and absolute discretion

 

7. Drop Shipping and Customer Support

 

IMA may provide “blind” drop shipping to wholesale buyers, which ensures that now IMA-related invoices or materials are included in the box at the time of shipping. There is no fee for this service when used within the continental United States. However, “blind” drop shipping must be requested at the time of ordering in the “shipping instructions” field at order checkout. Additional fees may apply if you request that IMA “blind” drop ship to multiple addresses.

 

8. Returns and Refunds

 

IMA must be notified of all return requests within thirty (30) days of receipt. Within this period, IMA will consider returns, requests for credits, or exchanges. If a product is returned for any reason other than a manufacturer’s defect or as a result of IMA’s direct error, then you will incur a twenty percent (20%) restocking fee. Shipping fees will only be credited or refunded if there is a manufacturer’s defect or as a direct result of IMA’s error. No requests for returns, credits, or exchanges will be considered after thirty (30) days from the date of receipt. All products returned to IMA must be returned in unaltered and unused condition with a copy of the original invoice or original invoice order number included. Items that are received in abused or altered condition will be returned to you at your expense. In the event you use IMA’s drop shipping services or a product is shipped to a third party at your request, you agree to save and hold IMA harmless for any lost or damaged merchandise.

 

9. Trademarks

 

You acknowledge and agree that any and all trademarks, trade names, design marks, or logos displayed on the Website by IMA, including but not limited to INTERNATIONAL MILITARY ANTIQUES, are common law or registered trademarks owned by or licensed to IMA. You are expressly prohibited from using the trademarks of IMA to cause confusion in, to cause mistake in, or to deceive consumers, or from falsely designating the origin of, the source of, or the sponsorship of your goods or services. You are further prohibited from using the trademarks of IMA in domain names, in keyword advertisements, to trigger keyword advertisements, or in meta tags. All other trademarks, trade names, design marks, or logos are the property of their respective owners.

 

10. Mobile Marketing Messages

 

IMA offers its customers marketing and promotional mobile alerts (e.g., cart reminders) by SMS message (the “SMS Service”). By participating in the SMS Service, you agree the terms found in this subsection J (“Mobile Terms”).

 

(i)                 Signing Up and Opting-In to the SMS Service 

 

Enrollment in the SMS Service requires you to provide your mobile phone number and to agree to the Mobile Terms as well as all other terms in this Agreement. You may not enroll if you are under 18 years old. Before the SMS Service starts, you must expressly agree to these Mobile Terms. IMA reserves the right to stop offering the SMS Service at any time with or without notice. IMA reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so.

 

By opting into the SMS Service, you: 

 

1.   authorize IMA to use an automatic telephone dialing system to send recurring text messages, which may be automated, to the mobile phone number associated with your opt-in (i.e., the number listed on the opt-in form or, if none, the number from which you send the opt-in, or, if none, the number on file for the account associated with your opt-in);

 

2.   acknowledge that you do not have to agree to receive text messages as a condition of purchase;

 

3.   confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to opt in; and

 

4.   consent to the use of an electronic record to document your opt-in. To request a free paper or email copy of the opt-in or to update our records with your contact information, email customerservice@ima-usa.com. To view and retain an electronic copy of these Mobile Terms or the rest of your opt-in, you will need a device (such as a computer or mobile phone) with Internet access, and either a printer or storage space on such device. For an email copy, you will also need an email account you can access from the device, along with a browser or other software that can display the emails. 

 

 

(ii)                Content You May Receive 

  

Once you affirm your choice to opt-in to the SMS Service, your message frequency may vary based on your interactions and initiated texts. You may receive alerts about:

 

1.                sale promotions;
2.                event information;
3.                product launch announcements;
4.                cart reminders;
5.                back in stock alerts;
6.                price drop alerts; or
7.                low inventory alerts.

 

(iii)              Charges and Carriers 

 

Message and data rates may apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone's pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data or other charges incurred (usage, subscription, etc.) as a result of using the SMSService. 

 

Supported carriers are AT&T, T-Mobile, Verizon Wireless, Sprint, Boost, Virgin Mobile, U.S. Cellular, Cricket, Alltel, Cincinnati Bell, Cellcom, C-Spire, nTelos, MetroPCS, and other smaller regional carriers. The SMS Service may not be available on all wireless carriers. IMA may add or remove any wireless carrier from the SMS Service at any time without notice. IMA and the mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages. 

 

(iv)             To Stop the Service 

 

To stop receiving text messages from IMA, text the word STOP, QUIT, END, REVOKE, OPT OUT, CANCEL, or UNSUBSCRIBE to 75783 any time or reply STOP, QUIT, END, REVOKE, OPT OUT, CANCEL, or UNSUBSCRIBE to any of the text messages you have received from INTERNATIONAL MILITARY ANTIQUES. You can also contact us at customerservice@ima-usa.com. These are the exclusive methods for opting out. After opting out, you will receive one additional message confirming that your request has been processed.

 

(v)               Questions 

 

You can text HELP for help at any time to 75783. This will provide you with phone number 1-908-903-1200 or customerservice@ima-usa.com. You can also contact us at International Military Antiques, Inc.1000 Valley Rd, Gillette, NJ 07933.

 

(vi)             Changes to Terms

 

These Mobile Terms are subject to change at any time without notice.

 

11. Product Warranties

 

Any warranties provided for products sold through the Website are provided by their respective manufacturers. IMA does not express or imply, and specifically disclaims, any direct warranty on items that are manufactured by a third party. All such warranties are the responsibility of the third-party manufacturer.

 

12. Term and Termination

 

The term of this Agreement will begin upon your first accessing of the Website and will continue until the earlier of the following: (i) IMA terminates your access to the Website; or (ii) you cease using the Website and terminate your Account. IMA reserves the right to terminate the Website or your access to the Website in its sole and absolute discretion and without prior notice.

 

13. Disclaimer of Warranties and Limitation of Liability

 

YOU ACKNOWLEDGE AND AGREE THAT THE WEBSITE IS PROVIDED ON AN “AS-IS” BASIS AND WITHOUT WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, AND NON-INFRINGEMENT. WHEREVER PERMITTED BY LAW, YOU ACKNOWLEDGE THAT VARASPEC WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY CLAIMS, DAMAGES, JUDGMENTS, CHARGES, OR FEES ARISING OUT OF OR RELATED TO YOUR USE OF OR ACCESS TO THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY DAMAGES, CONSEQUENTIAL DAMAGES, SPECIAL DAMAGES, INCIDENTAL DAMAGES, PUNITIVE DAMAGES, EXEMPLARY DAMAGES, COSTS, AND ATTORNEYS' FEES, DAMAGES ARISING OUT OF ERRORS OR OMISSIONS, AND DAMAGES ARISING OUT OF THE UNAVAILABILITY OF THE WEBSITE OR DOWNTIME. YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK AND THAT IMA’S LIABILITY IS LIMITED TO THE AMOUNT THAT YOU PAID TO USE THE WEBSITE OR $1000, WHICHEVER IS LESS.

 

IMA EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR ANY DAMAGE, INJURY, HARM, COST, EXPENSE, OR LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF PRODUCTS PURCHASED THROUGH THE WEBSITE. EXCEPT FOR THE WARRANTIES SPECIFICALLY STATED IN THIS AGREEMENT, PRODUCTS PURCHASED THROUGH THE WEBSITE ARE PROVIDED WITHOUT EXPRESS, IMPLIED, OR STATUTORY WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PUPOSE, TITLE, ACCURACY, NON-INFRINGEMENT, OR QUALITY. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, YOU ARE ADVISED TO SEEK LEGAL ADVICE TO DETERMINE IF THIS EXCLUSION APPLIES TO YOU.

 

IMA WILL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY, WHETHER IN WARRANTY, CONTRACT, STRICT LIABILITY, TORT, PERSONAL INJURY, OR NEGLIGENCE, FOR ANY DAMAGES, CLAIMS, INJURIES, JUDGMENTS, COSTS, OR LIABILITIES OF ANY KIND ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF PRODUCTS PURCHASED THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, DAMAGE TO PROPERTY, DEATH, LOSS OF BUSINESS, LOSS OF INCOME, SPECIAL DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNATIVE DAMAGES, OR EXEMPLARY DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE. YOU ACKNOWLEDGE THAT YOUR USE OF PRODUCTS PURCHASED THROUGH THE WEBSITE IS AT YOUR SOLE RISK AND THAT IMA’S LIABILITY IS LIMITED TO THE AMOUNT THAT YOU PAID FOR THE PRODUCTS OR $1000, WHICHEVER IS LESS.

 

14. Indemnification

 

You agree to indemnify, defend, and hold harmless IMA, its officers, shareholders, directors, employees, subsidiaries, affiliates, and representatives from any and all losses, including, but not limited to, costs and attorneys' fees, arising out of or related to (i) your use of the Website, (ii) your purchase of products through the Website; (iii) your use or misuse of products obtained through the Website; (iv) your violation of any term or condition of this Agreement; (v) your violation of the rights of third parties, including, but not limited to, intellectual property rights or other personal or proprietary rights; and (vi) your violation of any law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national or international. Your obligation to defend IMA will not provide you with the ability to control IMA’s defense, and IMA reserves the right to control its defense, including its choice of counsel and whether to litigate or settle a claim subject to indemnification.

 

15. Choice of Law and Stipulation to Jurisdiction

 

You and IMA agree that any dispute arising out of or related to this Agreement or your use of the Website, including, but not limited to, your purchase or use of products from or through the Website, will be governed by the laws of the State of New Jersey, without regard to its conflict of laws rules. Specifically, the validity, interpretation, and performance of this Agreement will not be governed by the United Nations Convention on the International Sale of Goods. Except for claims for injunctive relief by either party, you and IMA agree that any dispute or controversy arising out of, in relation to, or in connection with this Agreement or your use of the Website including, without limitation, any and all disputes, claims (whether in tort, contract, statutory, or otherwise) or disagreements concerning the existence, breach, interpretation, application or termination of this Agreement, will be resolved by final and binding arbitration pursuant to the Federal Arbitration Act in Gilette, New Jersey or, at the option of the party seeking relief, by telephone, online, or via written submissions alone, and be administered by the American Arbitration Association (“AAA”) under the then in force Commercial Arbitration Rules by one arbitrator appointed in accordance with such rules. Such arbitration will be independent and impartial. If the parties fail to agree on the arbitrator within twenty (20) calendar days after the initiation of the arbitration hereunder, AAA will appoint the arbitrator.

 

This arbitration will be conducted in the English language. The decision of the arbitrator will be final and binding on the parties and judgment on any award(s) rendered by the arbitrator may be entered in any court having jurisdiction thereof. Nothing in this section will prevent either party from seeking immediate injunctive relief from any court of competent jurisdiction, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. The parties undertake to keep confidential all awards in their arbitration, together with all confidential information, all materials in the proceedings created for the purpose of the arbitration and all other documents produced by the other party in the proceedings and not otherwise in the public domain, save and to the extent that disclosure may be required of a party by legal duty, to protect or pursue a legal right or to enforce or challenge an award in legal proceedings before a court or other judicial authority. The arbitrator shall award all fees and expenses, including reasonable attorney’s fees, to the prevailing party.  Any judgment rendered by the arbitrator may be entered in any court of competent jurisdiction.

 

ANY DISPUTE RESOLUTION PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE PURCHASE OR USE OF PRODUCTS FROM OR THROUGH THE WEBSITE, WHETHER IN ARBITRATION OR OTHERWISE, SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION, AND YOU AND IMA EXPRESSLY AGREE THAT CLASS ACTION AND REPRESENTATIVE ACTION PROCEDURES SHALL NOT BE ASSERTED IN NOR APPLY TO ANY ARBITRATION PURSUANT TO THESE TERMS.

 

Any claims must be brought within one year of each applicable invoice or will otherwise be barred.

 

16. Force Majeure

 

IMA will not be responsible for any delay or failure in performance of the Website or its associated products arising out of any cause beyond IMA’s control, such as acts of God, war, riots, fire, terrorist attacks, pandemics, power outages, severe weather, or other accidents.

 

17. Survivability

 

The representations, warranties, duties, and covenants made by you under this Agreement will survive the termination of this Agreement, your Account, or the Website, including, but not limited to, your duty to indemnify and defend IMA.

 

18. Interpretation

 

This Agreement will be deemed to have been drafted by both parties, and the terms and conditions of this Agreement will not be interpreted against its drafter.

 

19. Assignment

 

You are expressly prohibited from assigning your rights and duties under this Agreement. IMA reserves the right to assign its rights and duties under this Agreement, including in a sale of IMA or its Website.

 

20. Waiver and Integration

 

No term or condition of this Agreement or breach of this Agreement will be deemed to have been waived or consented to unless said waiver is writing and signed by the party to be charged. This Agreement is the entire agreement between the parties and supersedes all previous agreements or representations between the parties.

 

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