Please read these terms and conditions (“Terms”) carefully as they contain the terms and conditions that govern your access to, and use of, International Masters Publishers, Inc.’s website: www.imponline.com (“Site”), use of our services and purchase of any of the products we offer.
We reserve the right to change, supplement, delete or update these Terms from time to time without any notice to you. If you have created an online account, we shall attempt to notify you of any material changes to these Terms by email sent to the address you provided when you created the account. However, there may be situations in which you have not received a notice and therefore we encourage you to refer to these pages periodically to check for any changes. If you continue to access the Site following the changes to these Terms, you will be deemed to have accepted those changes.
Depending on the products you purchase and the services you use, you may be subject to other terms and conditions on different pages of this Site which are all incorporated by reference into these terms and conditions.
1. DEFINITIONS
“we” and “us” means International Masters Publishers, Inc., 225 Park Avenue South, New York, NY 10003.
“Products” means those products that we offer to you from time to time through our Site.
“Service(s)” means the use of this Site and the services provided through the Site.
“User” and “you” means any person who visits this Site, purchases a Product and/or uses our Service.
2. AUTHORIZATION OF USE
You may copy the information published by us on this Site for non-commercial use only by you. You agree that if you copy any part of this Site, you shall retain all copyright and other proprietary notices contained herein.
3. ORDERS/SHIPPING
3.1 No orders from www.imponline.com are considered accepted orders until you receive a confirmation email stating that your order has been confirmed and you have been provided a customer number.
3.2 All prices are stated in U.S. dollars and are valid until changed by us. Prices do not include shipping and handling and/or applicable sales tax unless otherwise stated. We will try and make every effort to provide current and accurate information about our Products, and Services but we do not guarantee the accuracy of such information. Information about Products is subject to change without notice. Prices are subject to change prior to our acceptance of your order. In the event that you order Products and the price published on the Site was incorrect, we will contact you to let you know the correct price and ask you whether you still wish us to fulfill your order at the correct price. Any date specified for delivery of any Product is intended to be an estimate only.
4. RETURN POLICY
All shipments come with a free ten-day preview period. If you would like to return your shipment you can do so by calling our Customer Service Department by way of a toll free number within or just after the ten-day preview period. The Customer Service Department will provide you with a Return Authorization Number and return instructions. Please note that returning a shipment will automatically cancel all future shipments; however, your account will remain open and you will continue to be billed if there is an outstanding balance. ALL RETURNS MUST INCLUDE A RETURN AUTHORIZATION NUMBER.
5. REFUND POLICY
Each of our shipments comes with a free ten-day preview period to allow you to use the product and decide if you want to keep the shipment before paying for it. As our preview period allows you to review the product prior to payment, we do not grant refunds., However, we will grant a refund if we have charged your credit card in error or if you prepaid for a shipment and the shipment was not received or returned in accordance with the Return Policy.
6. CANCELLATION POLICY
To cancel your account, contact our Customer Service Department by calling our toll free number. By cancelling your account you will not receive any future shipments unless one was enroute to you before you cancelled. Please note you will be responsible for any outstanding balance on your account up to the date of cancellation. When you cancel your account, the customer service agent will provide you with a cancellation number. If you do not receive a cancellation number your account has not been cancelled. WRITING CANCEL ON YOUR REMIT SLIP WILL NOT CANCEL YOUR ACCOUNT.
7. EASYPAY PROGRAM
EasyPay is our convenient program allowing you to pay your invoice automatically with your debit/credit card. Once enrolled, you authorize us to charge your credit/debit card for the total amount of your invoice. This payment will be collected approximately 10 days after you receive your shipment. To enroll in EasyPay, you can complete the EasyPay section on your invoice, enroll online or contact customer service. You may cancel EasyPay at any time by contacting customer service; however please allow 7 days for your billing method to be changed.
8. NEWSLETTERS
When you register for our newsletter(s) we will use your name and email address to send the newsletter to you. If you decide not to receive these newsletters you can unsubscribe by editing your profile or clicking on “unsubscribe” at the bottom of the newsletter.
9. PRIVACY
We have a firm commitment to safeguarding your privacy. Please click here to review our Privacy Policy. The terms of our privacy policy are incorporated into, and considered part of, these Terms.
10. COPYRIGHT/TRADEMARK
10.1 ©2009 International Masters Publishers AB (IMP AB). Copyright in the pages, screens displaying the information, and materials contained in this Site is owned by IMP AB unless otherwise stated. Nothing contained in this Site shall confer to you in any manner, any license, title or ownership in, or to, any intellectual property right of IMP AB, its parent or affiliates, or any third party.
10.2 Easy Home Repair, Easy to Bake, Easy to Make, Enhancing Your Mind, Body, Spirit and several more words (and design), Fáciles y Sabrosas Comidas (and design), Fun with Photos Memories & More, Fun with Photos Memories & More (and design), Grandma’s Kitchen, Grandma’s Kitchen: Treasured Family Recipes, Great American Home Baking, Great American Recipes, i/m/p (and design), IMP, IMPONLINE, inspiring & informing you, Natural Killers Predators Close-Up, Natural Killers, Ordinary People Extraordinary Lives: Inspirational Stories of the Saints, Scrap'n Fun, The Classic Composers, The Complete Guide to Natural Healing, Weird n’ Wild Creatures (and design), Weird n’ Wild Creatures, Wildlife Explorer, and Your PC Made Easy are registered trademarks of IMP AB.
Ancient Civilizations, Creative Inspirations, Enhancing Your Mind Body Spirit, Forces of Nature, Masterpiece, Good for You, Great American Recipes (and design), Great Bible Adventures (and design), Ordinary People, Extraordinary Lives, Unforgettable Journeys, and Weapons of War are trademarks of IMP AB.
All trademarks and copyrighted material are used under license by International Masters Publishers, Inc. Certain other words and symbols used herein may have trademark, service mark, or trade rights associated with them even though there is no mention of such rights.
11. EXTERNAL LINKS
This site provides links to other sites. Please beware that we do not control the Internet sites available through these links, and the information contained in such sites. We are not responsible for the availability of such external sites and do not make any representations to you about these sites or the information available there. We do not endorse the companies or products to which it has provided links. We shall not be responsible or liable, directly or indirectly, for any damage caused, or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on or through any such site or resource. SUCH THIRD PARTY MAY HAVE A PRIVACY POLICY DIFFERENT FROM OURS AND THE THIRD PARTY WEBSITE MAY PROVIDE LESS SECURITY THAN OUR SITE.
12. IDEAS/MATERIALS/COMMENTS/SUBMISSIONS
12.1 Any ideas that you submit to us on how to improve our Site, the Services and Products automatically become our property and you lose any right or interest you had in such idea. If you want to retain ownership of your ideas please do not submit your ideas to us but rather send us an email at CustomerService@imponline.com. and insert “New Ideas” in the subject line and tell us about your idea in very general terms. If we want to pursue the idea we will contact you directly.
12.2 By submitting to us any pictures, drawings, clips or other material (“Material”) you grant us, our affiliates, successors, assigns, licensees, and legal representatives, the irrevocable, perpetual, worldwide right and license to use, reproduce, edit, market, store, create derivative works based upon the Material or other intellectual property rights therein, publicly and privately distribute, display, communicate, promote and transmit the Material, through our Site, the mail, in our direct mail pieces, and in any other form as we may designate from time to time in any medium for editorial, commercial, promotional or other purposes. By sending any Material to us you hereby declare such Material is not confidential, secret or proprietary information belonging to someone else. You also agree that any Material submitted by you or on your behalf will not be returned and will automatically become our property without compensation of any kind to you or any third party.
12.3 If you have any comments or questions about our Products and or Services please contact our Customer Service Department by clicking Contact Us.
13. TESTIMONIALS
From time to time we post testimonials from our customers to share the benefits of our Products. All testimonials in which personal information is included are always consented to prior to posting. Should you want your testimonial removed from our Site please contact CustomerService@imponline.com.
14. DELAYS
If anything happens that is beyond our control such as a war, riots, fire, flood, labor strikes or failure/delay of transportation, we and our subcontractors and suppliers will not be liable for the unavailability of any Service and/or Products or any delay caused by such event beyond our reasonable control.
15. INDEMNIFICATIONS
YOU UNDERSTAND AND AGREE THAT YOU ARE PERSONALLY RESPONSIBLE FOR YOUR BEHAVIOR IN CONNECTION WITH THE SITE. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD US, INCLUDING OUR DIRECTORS AND OFFICERS, OUR PARENT AFFILIATES, JOINT VENTURES, BUSINESS PARTNERS, LICENSORS, EMPLOYEES, AGENTS, (COLLECTIVELY THE “IMP GROUP”) FROM AND AGAINST ALL CLAIMS, LOSSES, EXPENSES, DAMAGES AND COSTS (INCLUDING, BUT NOT LIMITED TO, DIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY AND INDIRECT DAMAGES), AND REASONABLE ATTORNEYS' FEES, RESULTING FROM OR ARISING OUT OF ANY BREACH OR VIOLATION OF THESE TERMS, ALLEGATION OR ACTUAL INFRINGEMENT OF OUR COPYRIGHT, USE OR MISUSE OF THE SITE, SERVICES OR PRODUCTS BY YOU OR ANY OTHER PERSON WHO ACCESSES THE SITE USING YOUR ACCOUNT, OR ANY VIOLATION OF ANY RIGHTS OF A THIRD PARTY.
16. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
16.1 THE SERVICE, THE CONTENT MADE AVAILABLE THROUGH OUR SITE AND ALL RELATED PRODUCTS AND SERVICES ARE PROVIDED "AS IS" ON AN “AS AVAILABLE BASIS” WITH NO WARRANTIES WHATSOEVER WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
16.2 TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SERVICE. WE DO NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SITE OR THE SERVERS THAT SUPPORT IT WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY CONTENT RELATED TO PRODUCTS ON THIS SITE.
16.3 WE DO NOT MAKE ANY WARRANTIES OF ANY KIND WITH REGARD TO THE SERVICES AND PRODUCTS YOU PURCHASE THROUGH, OR ARE ADVERTISED ON, THIS SITE. IN THE EVENT THAT YOUR PRODUCT IS RECEIVED DAMAGED, WE WILL BE LIABLE ONLY TO THE EXTENT OF OUR RETURN POLICY.
16.4 TO THE FULLEST EXTENT ALLOWED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES INCLUDING , BUT NOT LIMITED TO, LOSS OF PROFITS, MATERIALS, DATA OR OTHER TANGIBLES OR INTANGIBLES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE SITE, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE OR THE PRODUCTS, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (V) ANY CHANGES TO THIS SITE OR THE SERVICES AND PRODUCTS OFFERED, OR (VI) OTHER MATTERS RELATING TO THE SITE OR THE SERVICES OR PRODUCTS OFFERED ON THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES; SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL IN NO EVENT, EXCEED $100.00.
17. DENYING ACCESS TO THE SITE
It is our mission to create a safe and friendly environment for our Users. If you do not comply with these Terms, we may at our discretion, deny you access to the Site.
18. APPLICABLE LAW AND JURISDICTION
These Terms shall be governed by and construed in accordance with the laws of the State of New York. Any disputes arising under or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the state and federal courts of the State of New York.
19. ENTIRE AGREEMENT
These Terms constitute the entire agreement between you and us with respect to the Site, the Services and Products. Our failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. If a court should find that one or more rights or provisions contained in these Terms are invalid, you agree that the remainder of the Terms shall be enforceable.
Updated May 15, 2009