1. Overview

• This General Terms of Service Agreement is an agreement between IOP and you, effective as of the date of your use of this website or the date of your electronic acceptance. This Agreement sets forth the general terms and conditions of your use of the website and the products and services purchased or accessed through this website, collectively referred to as the “services”, and is in addition to, and not in lieu of, any terms and conditions applicable to specific services.
• Whether you are simply browsing or using this website or purchasing services, your use of the website and electronic acceptance of this agreement means that you have read, understood, acknowledged and agreed to be bound by this agreement, along with the following policies and corresponding product agreements set forth on this website.
• The terms “we”, “us” or “our” shall refer to IOP. The terms “you”, “your”, “user” or “customer” shall refer to any individual or entity that accepts this agreement, has access to your account or uses the service. Nothing in this agreement shall be construed as conferring any third party rights or benefits.
• IOP reserves the right, in its sole discretion, to change or modify this Agreement and any policies or agreements incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this website. Your use of the website or services after such changes or modifications have been made shall constitute your acceptance of this Agreement as most recently modified. If you do not agree to be bound by this Agreement as modified, please do not use or continue to use the website or services. In addition, IOP may occasionally notify you of changes or modifications to this Agreement by email. Therefore, it is important that you keep your purchasing account information current. IOP assumes no liability or responsibility for your failure to receive email notifications if such failure is caused by an inaccurate email address.

2. Conditions of participation and authority

• This website and services are intended only for users who are able to enter into legal contracts under applicable law. By using this website or services, you represent and warrant that you are (i) at least eighteen years of age, (ii) recognized as having the capacity to enter into legal contracts under applicable law, and (iii) not a person barred from purchasing or receiving services under the laws of the United States or other jurisdiction.
• If you are entering into this agreement on behalf of an organization, you represent and warrant that you have the legal authority to bind that organization to the terms and conditions contained in this agreement, in which case the terms “you”, “your”, “user” or “customer” shall refer to that organization. If, after your electronic acceptance of this agreement, IOP finds that you do not have the legal authority to bind that organization, you will be personally liable for the obligations under this agreement, including, but not limited to, payment obligations. IOP is not responsible for any loss or damage caused by IOP’s reliance on any instruction, notice, document or information that is believed to be genuine and originating from an authorized representative of your organization. If there is reasonable doubt as to the authenticity of any such instruction, notice, document or information, IOP has the right (but is not obliged) to request additional authentication from you. You also agree to be bound by the terms of this agreement with respect to transactions entered into by you, anyone acting on your behalf, and anyone using your account or services, whether or not authorized by you.

3. Accounts and data transfers abroad

• Account To access some features of this website or use some services, you will be required to create an account. You represent and warrant to IOP that all information you provide when creating your account is accurate, current and complete, and that you will keep your account information accurate, current and complete. If IOP has reason to believe that your account information is untrue, inaccurate, not current or incomplete, IOP has the right to suspend or terminate your account in its sole discretion. You are solely responsible for all activities that occur on your account, whether authorized by you or not, and you must maintain the confidentiality of your account information, including your customer number/login, password, payment method and shopping PIN. For security reasons, IOP recommends that you change your password and shopping PIN at least every six months for each account. You must notify IOP immediately of any breach of security or unauthorized use of your account. IOP will not be liable for any loss you incur as a result of any unauthorized use of your account. However, you may be liable for any loss IOP or others incur as a result of your account, whether caused by you, an authorized person, or an unauthorized person.
• International Transfer of Data If you access this website from a country other than the country where our servers are located, your communications with us may result in the transfer of information, including your account information, across international borders. By accessing this website and communicating electronically with us, you consent to these transfers.

4. Availability of the Website/Service
   Subject to the terms and conditions of this agreement and our other policies and procedures, we will use our commercially reasonable efforts to provide this website and the service at all hours of the day, seven days a week. You acknowledge and agree that from time to time this website may be inaccessible or inoperable for any reason, including, but not limited to, equipment failures; routine maintenance, repairs or replacements that we undertake from time to time; or causes beyond our reasonable control or which are not reasonably foreseeable, including, but not limited to, interruption or failure of telecommunications or digital communications links, hostile network attacks, network congestion or other failures. You acknowledge and agree that we have no control over the availability of the website or the service on a continuous or uninterrupted basis and that we are not liable to you or any other party with respect thereto.

• You acknowledge and agree that you have the necessary rights and permissions to share all information necessary to provide the services with IOP. You acknowledge and agree that the services may be provided by independent contractors or third party service providers.

5. General rules of conduct

You acknowledge and agree that:

• Your use of this website and services, including any content you submit, will comply with this agreement and all relevant local, state, national and international laws and regulations.
• You will not collect or harvest, or permit anyone else to collect or harvest, any user content or any non-public or personally identifiable information about other users or any other person or entity without their prior written consent.

You will not use this website or services in a manner determined by IOP in its absolute discretion that:

• Is illegal, or promotes illegal activity;
• Encourage or engage in the production or distribution of child pornography or the exploitation of children;
• Encourage or engage in terrorism, violence against people, animals or property;
• Encourage or engage in spam or unsolicited email or computer network attacks/hacking;
• Violate the Ryan Haight Consumer Protection Act of 2008 or similar laws, or encourage or engage in the sale or distribution of prescription drugs without a valid prescription;
• Infringe the intellectual property rights of another user or any other person or entity;
• Violate the privacy or publicity rights of another user or any other person or entity, or breach any duty of confidentiality you owe to another user or any other person or entity;
• Interfere with the operation of the website or services on this website;
• Contains or installs any viruses, worms, bugs, trojan horses or other code, files or programs designed to, or capable of, interrupting, damaging or limiting the functionality of any software or hardware; or
• Contains false or misleading language, or unsubstantiated claims or comparisons about IOP or IOP’s services

You will not copy or distribute any part of this website or service in any medium, except as permitted by IOP.

You will not alter or modify any part of the website or services at this website or any related technology.

You will not access IOP content or user content through any technology or means other than through this website, or as IOP may designate.

You will not resell or provide the Services for commercial purposes, including any related IOP technology, without IOP’s prior written consent.

You agree to provide government-issued photo identification and/or business license when requested to verify identity.

You acknowledge that IOP may from time to time call you about your account, and with respect to any such calls, you have no expectation of privacy in such calls; indeed you agree to allow IOP, in its sole discretion, to record all such calls regardless of whether IOP asks you during any such call for permission to record the call. You further acknowledge and agree that, to the extent permitted by law, any such recording may be submitted as evidence in any legal proceeding to which IOP is a party.

IOP reserves the right to modify, change or discontinue any aspect of this website or the services, including without limitation prices and fees for the same, at any time.

6. Add opt-out rights

• IOP reserves the right to deny, cancel, terminate, lock, or modify access to or control of any account or service for any reason, as determined by IOP in its sole discretion, including but not limited to the following: (i) to correct errors by IOP in providing or delivering any service, (ii) to protect the stability and integrity of, and correct errors by, our partners, (iii) to assist in detecting and preventing fraud and abuse, (iv) to comply with court orders and relevant laws, (v) to comply with requests from law enforcement, including subpoenas, (vi) to comply with any dispute resolution process, (vii) to defend against any legal action or threatened legal action regardless of whether such legal action is ultimately determined to have merit, or (viii) to avoid any any civil or criminal liability of IOP, its officers, directors, employees and agents, as well as IOP’s affiliates, including but not limited to cases where you have sued or threatened to sue IOP
• IOP reserves the right to review individual accounts for excessive space and bandwidth usage, and to terminate or impose additional charges on accounts that exceed permitted levels.
• IOP reserves the right to terminate, without prior notice to you, any services where, in IOP’s sole discretion, you are harassing or threatening IOP and/or any IOP employee.

7. Links to Third Party Websites

• This website and the services at this website may contain links to third party websites that are not owned or controlled by IOPIOP. IOP is not responsible for the content, terms and conditions, privacy policies or practices of any third party websites. In addition, IOP does not censor or edit the content of any third party websites. By using the website or the services at this website, you agree to release IOP from any liability arising from your use of any third party website.
• Accordingly, IOP encourages you to be aware when you leave this website or services and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.

8. Limitation of Liability

• In no event shall IOP, its officers, directors, employees, agents, and all third party service providers, be liable to you or any other person or entity for any direct, indirect, incidental, special, punitive or consequential damages, including any damages that may arise from (i) the accuracy, completeness, or content of this website, (ii) the accuracy, completeness, or content of any website linked via hyperlink, banner advertising or otherwise to this website, (iii) the services at this website or any website linked via hyperlink, banner advertising or otherwise to this website, (iv) personal injury or property damage of any kind, (v) acts of third parties of any kind, (vi) any unauthorized access to or use of our servers and/or any and all content, information, or services provided by us. personal information, financial information or other information and data stored thereon, (vii) any interruption or discontinuance of service to or from this website or any website linked via hyperlinks, banner ads or otherwise to this website, (viii) any viruses, worms, defects, trojan horses, or the like, which may be transmitted to or from this website or any website linked via hyperlinks, banner ads or otherwise to this website, (ix) any user content or content that is defamatory, harassing, abusive, harmful to minors or any protected group, obscene, “x-rated”, inflammatory or otherwise objectionable, and/or (x) any loss or damage you suffer as a result of your use of this website or the services at this website, whether based on warranty, contract, tort, or any other legal or equitable theory, and whether or not IOP has been advised of the possibility of such that damage or not.
• Additionally, you specifically acknowledge and agree that any cause of action arising out of or related to this site or the services at this site must be commenced within one year after such cause of action arises, otherwise such cause of action shall be forever barred.
• Additionally, you specifically acknowledge and agree that IOP’s total aggregate liability will not exceed the total amount paid by you for the particular service related to such cause of action.
• The foregoing limitation of liability shall apply to the fullest extent permitted by law, and shall survive any termination or expiration of this Agreement or your use of the Site or the Services at this Site.

9. Compensation

• You agree to defend, indemnify, and hold IOP and its officers, directors, employees, agents, and third party service providers harmless from and against any and all claims, expenses, damages, and losses of every kind and nature (including, without limitation, reasonable attorneys’ fees) arising directly or indirectly from (i) your use of and access to the Site or Services at this Site; (ii) your violation of any provision of this Agreement or any policies or agreements incorporated herein; and/or (iii) your violation of any third party right, including, without limitation, any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of the Site or Services at this Site.

10. Impact on parties

• This Agreement shall be binding upon and inure to the benefit of the parties hereto. Nothing in this Agreement shall be deemed to confer any rights or benefits upon any third party except the heirs, successors and assigns of the parties hereto.

11. Comply with local laws

• IOP makes no representation or warranty that the content contained on the website or the services at this website are appropriate in all countries or jurisdictions, and access to the website or the services at this website from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access the website or the services at this website are solely responsible for compliance with all local laws, regulations and rules.

12. Headings and subheadings; independent clauses; severability

• The headings and subheadings of this agreement are for convenience and ease of reference only and shall not be used to construe or interpret the agreement between the parties. Each provision and agreement in this agreement shall be deemed a separate provision and agreement. If any provision or portion of a provision of this agreement is determined by a court of competent jurisdiction to be illegal, void or unenforceable, the remaining provisions or portions of provisions of this agreement shall not be affected thereby and shall remain valid and enforceable to the fullest extent permitted by law.