Terms of Service

Welcome to the website and mobile applications of Iomtuc LLC, was established in 2002. The main company is located in England at 25 Fort St, Douglas, Isle of Man IM1 2LJ, Isle of Man, while the subsidiary is based in the United States at 3101 Ocean Park Blvd Ste 100 #30, Santa Monica, CA 90405. By accessing and using this website and/or its mobile sites and applications (collectively referred to as the "Site"), you acknowledge and agree to be bound by the following Terms of Use ("Terms"). Please read these Terms carefully before using the Site. Your continued use of the Site indicates your acceptance of these Terms. If you do not agree to these Terms, please refrain from using the Site.

Ownership and Operation

This Site is owned and operated by Iomtuc LLC, and throughout these Terms, references to "we," "us," and "our" pertain to Iomtuc LLC. These Terms apply to your use of the Site and are also subject to the Privacy Policy governing your use of this Site.

Arbitration Notice

By using the Site, you are agreeing to these Terms of Use, including the Arbitration Agreement and Class Action Waiver detailed in the Dispute Resolution section below.

Data Accuracy

When you interact with this Site or provide information to Iomtuc through any means, you represent that the information, data, and materials you provide are accurate, current, true, and complete. It is your responsibility to maintain and update the information you provide as necessary.

Privacy Policy

Please review the Privacy Policy located at the Privacy Policy link at the bottom of this website. By using this Site, you consent to the collection, storage, and processing of your personal information in accordance with the terms outlined in the Privacy Policy.

License and Site Access

All content available on this Site, including text, graphics, logos, icons, images, audio clips, downloads, interfaces, code, and software, is the exclusive property of Iomtuc LLC, its licensors, or content providers. This content is protected by copyright, trademark, and other applicable U.S. and foreign laws.

Iomtuc LLC grants you a limited license to access and use this Site for personal purposes. You may access, copy, download, and print content from this Site for personal, non-commercial use, provided you retain all copyright, trademark, and proprietary notices. The content remains the property of Iomtuc LLC or its licensors, and your license is revocable at our discretion.

Unauthorized use of the Site's content, including but not limited to copying, distribution, transmission, modification, reverse engineering, creation of derivative works, and unauthorized linking or framing, is strictly prohibited.

Termination and Access

Iomtuc LLC reserves the right to refuse or cancel registrations, remove users, or limit access to the Site for any reason without notice. Unauthorized access, including unauthorized use of accounts or devices to access the Site, may result in termination of access.

Content Submission

When submitting content through the Site, you are responsible for its legality, originality, and compliance with relevant laws. You may not submit content that violates intellectual property rights, is false, fraudulent, harmful, threatening, obscene, or otherwise objectionable. You grant Iomtuc LLC a perpetual, irrevocable, worldwide, non-exclusive license to use, copy, distribute, display, modify, and sublicense submitted content.

Links to Third-Party Sites

The Site may contain links to third-party websites. These links are provided for convenience, and Iomtuc LLC is not responsible for the content or materials on these linked sites. Use of linked sites is subject to their terms and conditions.

Text Messages

If you provided your mobile phone number, you agree that text messages may be sent to your mobile device. Standard messaging and data rates may apply.

Changes to Terms

Iomtuc LLC reserves the right to update or modify these Terms of Use at any time. Such changes will be effective upon posting on the Site. Continued use of the Site after changes constitutes acceptance of the modified Terms.

DISCLAIMERS

Unless otherwise expressly provided in these Terms of Use or the Terms of Service, and to the fullest extent permitted by applicable law, Iomtuc LLC ("Iomtuc") makes no representations, covenants, or warranties and offers no other conditions, express or implied, regarding any matter. This includes, without limitation, the merchantability, suitability, fitness for a particular use or purpose, non-infringement of Iomtuc membership, and those arising out of course of dealing, usage, or trade, any content on the Site, or any products or services purchased through the Iomtuc Site. Additionally, Iomtuc disclaims any warranties implied from a course of performance or course of dealing.

Your use of this Site is at your sole risk. The Site and the materials, information, services, and products on this Site are provided on an "as is" and "as available" basis. We reserve the right to restrict or terminate your access to the Site or any feature or part thereof at any time. Iomtuc disclaims any warranties that access to the Site will be uninterrupted or error-free, that the Site will be secure, that the Site or the server that makes the Site available will be virus-free, or that information on the Site will be correct, accurate, adequate, useful, timely, reliable, or otherwise complete. If you download any content from this Site, you do so at your own discretion and risk. You are solely responsible for any damage to your computer system or loss of data resulting from the download of any such content. No advice or information obtained by you from the Site shall create any warranty of any kind.

Certain states or jurisdictions do not allow limitations on implied warranties. If these laws apply to you, some or all of the above disclaimers may not apply, and you may have additional rights. To the extent we may not, as a matter of applicable law, disclaim any implied warranty, the scope and duration of such warranty will be the minimum permitted under such law.

LIMITATION OF LIABILITY

The providers whose products and services are available on the Iomtuc Site are independent contractors and not agents or employees of Iomtuc. Iomtuc is not liable for the acts, errors, omissions, representations, warranties, breaches, or negligence of any such service providers or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom.

You acknowledge and agree that you assume full responsibility for your use of the Site, communication with third parties, and purchase and use of the products and services available through the Iomtuc Site. Any information you send or receive during your use of the Site may not be secure and may be intercepted by unauthorized parties. Your use of the Site is at your own risk, and the Site is made available to you at no charge. To the fullest extent permitted by applicable law, neither Iomtuc nor its licensors, suppliers, or third-party content providers ("Iomtuc LLC") will be liable for any direct, indirect, punitive, exemplary, incidental, special, consequential, or other damages arising out of or in any way related to various factors. This includes the Site, any other linked site or resource, communications with us, products or services made available or purchased through the Iomtuc Site, and more. This limitation applies, whether based on contract, tort, strict liability, or otherwise, even if the Iomtuc LLC has been advised of the possibility of damages.

You and Iomtuc agree that any cause of action arising out of or related to the Site must commence within one (1) year after the cause of action accrues or is permanently barred.

Certain states or jurisdictions do not allow the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above exclusions or limitations may not apply, and you may have additional rights. To the extent we may not, as a matter of applicable law, limit our liabilities, the extent of our liability will be the minimum permitted under such law.

Indemnities

You will indemnify and hold harmless Iomtuc LLC from and against any and all fines, penalties, liabilities, losses, and other damages of any kind whatsoever. This includes attorneys' and experts' fees, incurred by Iomtuc LLC and such parties. You shall defend Iomtuc and such parties against any and all claims arising out of your breach of these Terms of Service, fraud, intentional misconduct, gross negligence, or violation of any applicable U.S. or foreign law or the rights of a third party. Iomtuc LLC will control the defense of any claim to which this indemnity may apply, and you shall not settle any claim without Iomtuc's prior written approval.

Survival of Terms After Agreement Ends

Any provision of these Terms of Use that imposes or contemplates continuing obligations on a party will survive the expiration or termination of these Terms of Use.

Force Majeure

Iomtuc LLC shall be released from fulfilling its obligations under these Terms of Service to the extent it is prevented from or delayed in performing, whether wholly or in part, due to events or a series of events caused by or resulting from the following factors: (1) weather conditions or other elements of nature or acts of God, (2) acts of war, acts of terrorism, insurrection, riots, civil disorders, or rebellion, (3) quarantines or embargoes, (4) labor strikes, or (5) other causes beyond the reasonable control of Iomtuc LLC.

International Use

We do not make any representations regarding the suitability or availability of information provided in connection with the Site for use outside the United States. Those who opt to access the Site from locations outside the United States do so at their own risk and are responsible for adhering to applicable local laws.

Risk of Loss

Items acquired through the Site and shipped by a third-party carrier as per a shipment contract are subject to the risk of loss and title transfer to the customer upon delivery to the carrier.

Dispute Resolution

Acknowledging the high costs associated with legal disputes, both financially and in terms of time and effort, your usage of the Site constitutes unconditional agreement to resolve any claim, dispute, or controversy arising between you and Iomtuc LLC through final and binding arbitration administered by JAMS. This arbitration is subject to the rules of JAMS, except when small claims court rules permit claims to be brought in such a court. This arbitration agreement is established in line with the Federal Arbitration Act ("FAA"), 9 U.S.C. §§ 1-16.

Arbitration can be conducted through video, telephone, or documents-only basis, with the physical arbitration held in New York, New York. The arbitrator's decisions are to be influenced by these Iomtuc Terms of Service and other related agreements. Arbitration is limited to individual claims, and the arbitrator has no authority to consolidate or combine claims from different parties.

There is no power for the arbitrator to grant punitive damages. If administrative fees exceed $125 USD, Iomtuc agrees to pay these on behalf of the user. Should the cost of arbitration be prohibitively high, Iomtuc LLC will cover filing and hearing fees. In the event of any provision being deemed unenforceable, the remaining provisions shall still apply. This agreement grants the arbitrator authority to determine its scope, validity, and enforceability.

Class Action Waiver

All arbitrations will be conducted individually. This includes the right to seek remedies available in court, including public injunctive relief. Both parties agree to forgo trial by jury, class action lawsuits, class action arbitrations, private attorney general lawsuits, and joint or consolidated lawsuits.

Survival

This arbitration agreement remains in effect even after your relationship with Iomtuc LLC ends.

General

Occasionally, Iomtuc LLC may offer special promotional offers that may or may not apply to your account. If any provision within these Terms of Service is considered invalid, void, or unenforceable, the court should attempt to fulfill the parties' intentions in that provision. The unenforceable condition shall not affect the validity of the remaining provisions. These Terms of Service are governed by the laws of the State of New York.

If any content on this Site or your usage violates local laws, we ask you not to use the Site. Changes to these Terms of Service are effective once posted on the Site, and your continued use of the Site indicates your acceptance of these changes.

Assignment

You cannot assign these Terms of Service without Iomtuc LLC's written consent. Iomtuc LLC may assign these terms to third parties.

Entire Agreement

These Terms of Service supersede prior communications and proposals, oral or written. If Additional Terms apply, they will govern where they conflict with these Terms of Service.

Contact Us

For questions about these Terms of Service or the Site, please visit our Contact Us page at the bottom of this website.