Iridia, Inc. (“Iridia,” “we,” “us,” or “our”) owns or licenses all right, title and interest in and to this website (http://iridia.com/) and all of its sub-domains (the “Website”). We have established the following terms and conditions (the “Agreement”) with which you must comply when you access and view the Website. All references to “you” or “your” refer to you and the entity on behalf of which you access or view the Website. By accessing and viewing the Website, you agree to the terms and conditions contained in this Agreement. You affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in this Agreement, and to abide by and comply with this Agreement, and you hereby accept this Agreement without limitation or qualification. If you do not accept the terms and conditions of this Agreement, do not access or view the Website.
We similarly reserve the right to do any of the following, at any time, without notice: (i) modify, suspend or terminate operation of or access to the Website, or any portion of the Website, for any reason; (i) modify or change the Website, or any portion of the Website, and any applicable policies or terms; and (iii) interrupt the operation of the Website, or any portion of the Website, as necessary to perform routine or non-routine maintenance, error correction or other changes.
Iridia hereby grants you a limited, non-exclusive, revocable, non-transferable license to access and view the Website in accordance with the terms of this Agreement. This license does not give you any ownership or intellectual property interest in any Iridia Material or the Trademarks. Other than as required to facilitate your permissible use, you may not reproduce, perform, publicly display, embed, create derivative works of, republish, upload, post, retransmit or redistribute in any way whatsoever any Iridia Material. All rights not expressly granted to you under this Agreement are reserved by Iridia.
By visiting the Website or otherwise communicating with us, you consent to receive electronic communications from us and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
The following is a non-exhaustive list of activities that are prohibited in connection with your access, viewing and use of the Website:
Iridia may take whatever remedial action it determines in its sole discretion is appropriate if you engage in any prohibited acts. You agree that disputes arising from an alleged violation of this Agreement or any intellectual property rights may result in Iridia suffering irreparable harm and that, in the event of such a dispute, Iridia or its affiliates may seek a restraining order, preliminary injunctive relief, an injunction, specific performance or other equitable relief and/or legal remedies.
We operate the Website from the United States of America. If you choose to access the Website from outside of the United States, you are responsible for complying with applicable local laws.
YOU ACKNOWLEDGE THAT YOU ARE ACCESSING AND VIEWING THE WEBSITE AND THE IRIDIA MATERIAL AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IRIDIA SHALL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE FOR ANY DAMAGES IN ANY WAY ARISING FROM OR RELATING TO YOUR RELIANCE UPON, YOUR USE OF OR INABILITY TO ACCESS OR VIEW THE WEBSITE OR THE IRIDIA MATERIAL INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER SUCH CLAIMS ARE BASED IN CONTRACT, TORT, NEGLIGENCE OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT IRIDIA IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Iridia shall not be in default or otherwise liable for any delay in or failure of its performance under this Agreement where such delay or failure arises by reason of any Act of God, epidemic, pandemic, any government or any governmental body, war, insurrection, acts of terrorism, the elements, strikes or labor disputes, or other similar or dissimilar causes beyond Iridia’s control. Certain obligations may require the cooperation of third parties outside the control of Iridia. In the event such third parties fail to cooperate in a manner that reasonably permits the performance of Iridia’s obligations, such failures shall be considered as causes beyond the control of Iridia and shall not be the basis for a determination that Iridia is in breach of any of its obligations under this Agreement or is otherwise liable.
This Agreement and all claims arising out of, related to, or in any way associated with it shall be construed and governed in all respects according to the laws of the State of Delaware without regard to the conflict of law provisions thereof.
No waiver shall be implied from conduct or failure to enforce rights. No waiver shall be effective unless in a writing signed by all parties to be bound thereto. Iridia may, at any time, in its sole discretion, and without notice to you, assign some or all of its rights and obligations under this Agreement. You may not assign your rights or delegate your duties under this Agreement without the prior written consent of Iridia. If any provision of this Agreement is held invalid, illegal or unenforceable for any reason, such invalidity, illegality or unenforceability shall be deleted and shall not affect any other provision of this Agreement.
If you have questions or concerns with respect to this Agreement, please contact Iridia by e-mail at firstname.lastname@example.org or by mail directed to Iridia, 5937 Darwin Ct, Suite 109, Carlsbad, CA 92008.
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