Terms & Conditions

Introduction

Welcome to www.ioangus.com (the "Website").

These Terms and Conditions ("Agreement") are a legal agreement that explain the terms and conditions that all visitors, users, clients and customers ("You", or "Your") must comply with when using the Website. By using the Website, You agree to abide by all of the terms and conditions in this Agreement.

This Agreement incorporates Our Privacy Policy and Disclaimer.

These Terms and Conditions outline the rules and regulations for the use of www.ioangus.com. PLEASE READ THIS AGREEMENT CAREFULLY because it affects Your rights and liabilities under the law. By using or accessing the Website, You confirm that You have read and agreed to be bound by this Agreement. If You do not agree with this Agreement, You cannot use or access the Website.

These Terms and Conditions are governed by the law of California, USA.

Definitions

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all agreements:

"Company," "Us," "We," and "Our" refers to IO ANGUS.

"Content" is the information displayed at the Website including without limitation text, data, code, images, photographs, graphics, software, designs and any other materials that are available at the Website.

"Goods" means all goods that We supply and make available to You as detailed in the Invoice.

"Invoice" is a list of the Goods sent or the Services We provide to You, detailing individual amounts of Goods or Services plus a sum total.

"Party" refers to either You, or Us, or any other party to this Agreement. "Parties" refers to both You and Us.

"Services" refers to any work We perform for You.

"Supply" means to provide the Goods or Services as per the Invoice.

"You" and "Your" refer to the visitor, user, client, customer or person accessing the Website and thus accepting this Agreement.

User Rights and Responsibility

Acceptable Use

IO ANGUS will not be held liable should the Website be unavailable for any amount of time.

You are responsible for the safety and confidentiality of your passwords and usernames. IO ANGUS has the right to terminate or suspend your username and password should we suspect non-compliance by you.

You are not a minor in the jurisdiction in which you reside.

You will not use any meta tags or any other "hidden text" utilizing Our name or trademarks without Our express written consent.

The Website and/or any portion of the Website may not be reproduced, sold, resold, visited or otherwise exploited for any commercial purpose without Our express written consent.

Your use and access of the Website does not include any right of resale or commercial use of the Website or its Contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its Contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.

You must use our Website for lawful purposes only.

Prohibited Use

While using our service the following terms must be adhered to. You may not:

Transmit or send unsolicited or unauthorized advertising or promotional material in any form;
Disrupt or attempt to disrupt Our servers in any way that could cause harm to the Website;
Distribute any material that contains software viruses or any other computer code, files, or programs designed or intended to disrupt, damage, or limit the functioning of the Website or obtain unauthorized access to any data or information of any third party;
Harass, abuse, threaten or incite violence towards any individual or group;
Use the Website in any way that breaks or breaches applicable local, national or international laws or regulations;
Use the Website in any way which is fraudulent or unlawful;
Hold Yourself out as sponsored by, endorsed by, or affiliated with Us or the Website;
Interfere with any other person's use of or the proper functioning of the Website;
Misrepresent Your identity or impersonate any person;
Modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Us;
Provide any information that is false, misleading or inaccurate;
Use any portion of the Website for any unlawful purpose or otherwise fail to comply with all applicable domestic and international laws, statutes, ordinances and regulations;
Upload, post, transmit or otherwise make available User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
Upload, post, transmit or otherwise make available User Content that is harmful to minors, harassing, harmful, threatening, abusive, vulgar, obscene, defamatory, libelous, hateful, or racially, ethnically or otherwise objectionable;
Upload, post, transmit or otherwise make available junk mail, commercial advertisements, or any other form of commercial solicitation;
Violate the privacy of any third party, including posting personal information about another person or entity without consent.

Our Content

Except for User Content as defined below, all of the content featured or displayed on the Website, including without limitation text, graphics, photographs, images, moving images, sound, and illustrations ("Our Content"), are owned by Us, Our licensors, vendors, agents and/or Our content providers. All elements of the Website, including without limitation the general design and Our Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights.

The Website, Our Content and all related rights shall remain Our exclusive property or of Our licensors unless otherwise expressly agreed.

You will not remove any copyright, trademark or other proprietary notices from material found on the Website.

Except as may be otherwise indicated in specific documents within the Website or as permitted by copyright law, You are authorized to view, play, print and download copyrighted documents, audio and video found on Our Website for personal, informational, and noncommercial purposes only. You may not modify any of the materials and You may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Website.

Trademarks / No Endorsement

All of Our trademarks, service marks and trade names used herein (including but not limited to: the IO ANGUS name, IO ANGUS logo, the Website name, the Website design, and any logos) (collectively "Marks") are Our trademarks or registered trademarks or of Our affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify Our trademarks in any way without Our prior written consent. The use of Our trademarks on any other site or network computer environment is not allowed. We prohibit the use of Our trademarks as a "hot" link on or to any other site unless We have approved such a link in advance. You shall not use Our name or any language, pictures or symbols which could imply Our endorsement in any written or oral advertising, presentation, brochure, newsletter, book, or other written material without prior written consent.

Advertising Rights

We reserve the right to sell, license and/or display any advertising, attribution, links, promotional and/or distribution rights in connection with User Content. We and Our licensors or affiliates will be entitled to retain any and all revenue generated from any sales or licenses of such advertising, attribution, links, or promotional or distribution rights. Nothing in this Agreement obligates or may be deemed to obligate Us to sell, license or offer to sell or license any advertising, promotion or distribution rights.

Your Account

In consideration of Your use of the Website, You will provide true, accurate, current and complete information about Yourself as prompted by the Website and maintain and promptly update that information to keep it true, accurate, current and complete.

You are entirely responsible for the security and confidentiality of Your password and Account. You will not share Your Account Data or Your username and password with any third party or permit any third party to login to the Website using Your Account Data. You are entirely responsible for any and all activities that occur under Your Account and for taking appropriate security measures suited to Your intended use of the Services and Website.

You agree to immediately notify Us of any unauthorized use of Your Account or any other breach of security of which You become aware.

For more information on how We collect, store, use, and share Your Account Data, please review Our Privacy Policy.

Website Information

We attempt to ensure that information on the Website is complete, accurate and current. Despite Our efforts, the information on the Website may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currency of any information on the Website. Through Your use of the Website, You may be exposed to content that You may find offensive, objectionable, harmful, inaccurate or deceptive. By using Our Website, You assume all associated risks.

Security

Information provided by you through www.ioangus.com is stored on a secured private server. While we have taken reasonable precautions to protect your personal information, no security system is impenetrable and we cannot guarantee the security of information that you provide to us via the Internet or through our Website. Please see our Privacy Policy for full details on security.

Links to this Website

Running or displaying the Website or any information or material displayed on the Website in frames or through similar means on another site without Our prior written permission is prohibited.

We grant You a nonexclusive right to display at Your site any link that would permit any user to go from Your site to Our Website. You obtain no rights other than the right to link to Our Website, and We do not guarantee, approve, or endorse the information or products available on Your site.

You agree to not use and display the links in such a manner that is misleading, defamatory, infringing, libelous, disparaging, obscene, or otherwise objectionable to Us, or in any manner likely to reduce, diminish or damage the goodwill, value or reputation associated with Us. Upon notice from Us, You shall promptly remove the links.

To obtain written consent from Us, please contact us at cole@ioangus.com.

Third Party Links

From time to time, the Website may contain links to sites that We and Our affiliates do not own, operate nor control. All such links are provided solely for Your convenience. Neither We nor any of Our affiliates are responsible for any content, material or other information located on or accessible from any other site, nor do We endorse, guarantee, or make any representations or warranties regarding any other site or its content.

If You decide to access any other site linked to or from this Website, You do so entirely at Your own risk. You agree to evaluate the security and trustworthiness of any site connected to or accessed through the Website before disclosing any personal information to them. We do not accept any responsibility for any loss or damage resulting from Your disclosure of personal information to those third-party sites.

Intellectual Property Rights

We claim copyright and all other intellectual property rights to all the material on the Website, including but not limited to the words, information, graphics, designs, logos, trademarks, photographs, icons, drawings and text. Our intellectual property is protected under copyright, trademark and other intellectual property laws. You agree to not reproduce, distribute, sell, publish or broadcast any of the material found on this Website without Our prior written consent.

Copyright Notice

Disclaimers

YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE WEBSITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER WE NOR ANY OF OUR AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THE WEBSITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE WEBSITE MAY BE OUT OF DATE, AND NEITHER US NOR ANY OF OUR AFFILIATES MAKE ANY COMMITMENT OR ASSUME ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE WEBSITE OR THROUGH OUR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Indemnity

You agree to defend, indemnify and hold Us and any of Our affiliated company or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys' fees, related to or in connection with (a) the use of the Website or the internet or Your placement or transmission of any message or information on this Website; (b) Your violation of any term of this Agreement; (c) Your violation of any third party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (d) Your violation of any law, rule or regulation of the USA or any other country; (e) any claim or damages that arise as a result of any User Content that You provide to Us; or (f) any other party's access and use of the Website with Your unique username, password or other appropriate security code.

Release

In the event that You have a dispute with one or more other visitors, users, customers, or clients of the Website, You release Us (and Our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Communication

We reserve the right to send You an electronic mail for the purpose of informing You of changes or additions to the Website or this Agreement. Except as disclosed in Our Privacy Policy, We will not monitor, edit, or disclose the contents of Your e-mail, unless required in the course of normal maintenance of the Website and its systems, or unless required to do so by law or in the good-faith belief that such action is necessary to: (a) comply with the law or legal process served on Us or the Website; (b) protect and defend Our rights or property; or (c) act in an emergency to protect the personal safety of Our guests, the Website, or the public.

Dispute Resolution and Arbitration

You and We agree to the following dispute resolution process for any legal controversy or legal claim arising out of or relating to this Agreement, the Website, or any other aspect of Our relationship ("Subject Legal Claim").

To help resolve any issues promptly and directly, You and We agree to begin any arbitration within 15 days after a Subject Legal Claim arises; otherwise, the Subject Legal Claim is waived.

You and We agree to first discuss any issue informally for at least 15 days. To do that, please send Your full name and contact information, Your concern and Your proposed solution by email to cole@ioangus.com. If We need to discuss an issue with You, We will contact You using the email or mailing address on file.

If We do not reach an agreed upon solution after at least 15 days of discussion, any Subject Legal Claim must be resolved through binding individual arbitration in California, USA in accordance with the American Arbitration Association.

There are two limited exceptions to this provision: (a) either Party may pursue in small claims court any action that is within that jurisdiction, as long as the case proceeds on an individual basis only; (b) either Party may seek to enforce its patents, trademarks, copyrights or trade secrets in an appropriate state or federal court.

You and We also agree to arbitrate in each of Our individual capacities only, not as a representative or member of a class, and each of Us expressly waives any right to file a class action or seek relief on a class basis.

You may download a form Notice to initiate arbitration at www.adr.org. It is important that You understand that the arbitrator's decision will be binding and may be entered as a judgment in any court of competent jurisdiction. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys' fees.

Termination

We may terminate this Agreement:

For any or no reason during any free use of the Website or Services;
If You breach any of the terms of this Agreement, and that breach is not remediable;
If You breach any of the terms of this Agreement and that breach is not remedied within 60 days of receiving written notice of the breach;
If You have failed to pay any due charges by the stated date.

We may also block Your access to Our Website in the event that You breach this Agreement, We are unable to verify or authenticate any information You provide to Us, or We believe that Your actions may cause financial loss or legal liability.

You may terminate Your use of the Website or Services by contacting Us at cole@ioangus.com. The termination request will be subject to Our verification of Your ownership of the Account. Upon termination, You shall be liable to pay all fees and charges that have accrued up until the termination takes place.

Either Party may also terminate the Agreement upon 60 days' written notice of a material breach if such breach remains uncured, or if the other party becomes the subject of a petition in bankruptcy or any proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors.

Consequences of Termination or Expiration

Upon the effective date of termination or expiration of this Agreement, all rights, subscriptions and licenses granted to You shall be terminated immediately. You will immediately cease use of and access to the Website and Services. We will suspend or terminate Your access to the Website, Services, and associated data to the extent permitted by law. The termination or expiry of this Agreement shall not affect any of Our accrued rights and liabilities up until the date of termination.

Revisions

This Agreement is subject to revision from time to time. Your continued use of the Website after any revision will mean that You agree, without qualification, to the revised Agreement. Material revisions will be indicated by an updated effective date at the top of this page and by a notice posted on the homepage of the Website. It is Your responsibility to remain apprised of any revisions to this Agreement and to remain in compliance therewith. If You object to any revisions or become dissatisfied with the Website, Your only recourse is to discontinue use of the Website.

Force Majeure

We shall not be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond Our reasonable control, including without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies; epidemics, pandemics; any law, order, regulation, ordinance, or requirement of any government or legal body; or labor unrest, including without limitation strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.

Minimum Age Requirements

Our Website is not directed to children. Access to and use of Our Website is only for those who are at least 13 years of age in the USA or 16 years of age in the European Union or otherwise capable of entering into and performing legal agreements. If You are younger than this, You may not use Our Website. Any person who provides their personal information to Our Website represents that they meet these age requirements.

General

Jurisdiction and Choice of Law. Any claim relating to the use of this Website and the materials contained herein is governed by the laws of the state of California, USA. You consent to the exclusive jurisdiction of the state and federal courts located in Fresno, California, USA.

Entire Agreement. This Agreement and the other agreements stipulated to be incorporated herein are the entire agreement between You and Us and supersede any prior understandings or agreements (written or oral).

Severability. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

Assignment. You agree that this Agreement and all incorporated agreements may be automatically assigned by Us in Our sole discretion. You cannot assign this Agreement without Our written consent.

Headings. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

No Waiver. Our failure to act with respect to Your or others' breach does not waive Our right to act with respect to subsequent or similar breaches.

Survival. The clauses "Trademarks/No Endorsement", "Advertising Rights", "Intellectual Property Rights", "Disclaimers", "Indemnity", "Release", "Communication", and "Dispute Resolution and Arbitration" shall survive any termination or expiration of this Agreement.

User Feedback

We welcome and encourage You to provide feedback, comments, and suggestions for improvements of the Website ("Feedback"). You may submit Feedback by emailing Us at cole@ioangus.com. You acknowledge and agree that if You submit any Feedback to Us, You hereby grant to Us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under any and all intellectual property rights that You own or control to use, reproduce, modify, adapt, publish, distribute, and otherwise exploit the Feedback for any purpose.

Notice for California Users

Under California Civil Code Section 1789.3, California users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.

Contact Us

If You do not understand any of the foregoing terms and conditions or if You have any questions or comments, please contact Us at:

IO ANGUScole@ioangus.com

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, UNDERSTAND THE TERMS, AND WILL BE BOUND BY THESE TERMS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS TOGETHER WITH THE PRIVACY POLICY REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.