**TERMS OF SERVICE**
**Welcome to Igaler.com.** Igaler and/or its affiliates (“Igaler”) provide website features and other products and services to you when you visit or shop at Igaler.com, use Igaler products or services, use Igaler applications for mobile, or use software provided by Igaler in connection with any of the foregoing (collectively, “Igaler Services”). Igaler provides the Igaler Services subject to the following conditions.
**BY USING IGALER SERVICES, YOU AGREE TO THESE CONDITIONS. PLEASE READ THEM CAREFULLY.**
We offer a wide range of Igaler Services, and sometimes additional terms may apply. When you use an Igaler Service (for example, Your Profile, Gift Cards, Igaler applications), you also will be subject to the guidelines, terms, and agreements applicable to that Igaler Service (“Service Terms”). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
**PRIVACY**
Please review our Privacy Policy, which also governs your use of Igaler Services, to understand our practices.
**ELECTRONIC COMMUNICATIONS**
When you use Igaler Services or send emails, text messages, and other communications from your desktop, laptop, or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as emails, texts, mobile push notices, or notices and messages on this site or through the other Igaler Services, such as our Message Center, and you can retain copies of these communications for your records. 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.
**COPYRIGHT**
All content included in or made available through any Igaler Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Igaler or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Igaler Service is the exclusive property of Igaler and protected by U.S. and international copyright laws.
**TRADEMARKS**
Graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Igaler Service are trademarks or trade dress of Igaler in the U.S. and other countries. Igaler’s trademarks and trade dress may not be used in connection with any product or service that is not Igaler’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Igaler. All other trademarks not owned by Igaler that appear in any Igaler Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Igaler.
**PATENTS**
One or more patents owned by Igaler apply to the Igaler Services and to the features and services accessible via the Igaler Services. Portions of the Igaler Services operate under the license of one or more patents.
**LICENSE AND ACCESS**
Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, Igaler or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Igaler Services. This license does not include any resale or commercial use of any Igaler Service or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Igaler Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Igaler or its licensors, suppliers, publishers, rights holders, or other content providers. No Igaler Service, nor any part of any Igaler Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Igaler. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Igaler without express written consent. You may not use any meta tags or any other “hidden text” utilizing Igaler’s name or trademarks without the express written consent of Igaler. You may not misuse the Igaler Services. You may use the Igaler Services only as permitted by law. The licenses granted by Igaler terminate if you do not comply with these Conditions of Use or any Service Terms.
**YOUR ACCOUNT**
You may need your own Igaler account to use certain Igaler Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. Igaler does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Igaler Services only with the involvement of a parent or guardian. Parents and guardians may create profiles for teenagers in their Igaler Household. Alcohol listings on Igaler are intended for adults. You must be at least 21 years of age to purchase alcohol or use any site functionality related to alcohol. Igaler reserves the right to refuse service, terminate accounts, terminate your rights to use Igaler Services, remove or edit content, or cancel orders in its sole discretion.
**REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT**
You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation.
**PRICING**
*“Price”* means the suggested retail price of a product as provided by a manufacturer, supplier, or seller or Igaler. We regularly check Prices against prices recently found on Igaler and other retailers. Certain products may have a *“Compare Price”* displayed, which is determined using the recent price history of the product on Igaler.
With respect to items sold by Igaler, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Igaler is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.
We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.
**APP PERMISSIONS**
When you use apps created by Igaler, such as the Igaler App, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions.
**SANCTIONS AND EXPORT POLICY**
You may not use any Igaler Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using Igaler Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including Igaler Software), technology, and services.
**OTHER BUSINESSES**
Parties other than Igaler operate stores, provide services or software, or sell product lines through the Igaler Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from Igaler. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). Igaler does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should find and carefully review their privacy statements and other conditions of use.
**DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY**
THE IGALER SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE IGALER SERVICES ARE PROVIDED BY IGALER ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. IGALER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE IGALER SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE IGALER SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE IGALER SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, IGALER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IGALER DOES NOT WARRANT THAT THE IGALER SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE IGALER SERVICES, IGALER’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM IGALER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, IGALER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY IGALER SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY IGALER SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
**DISPUTES**
Any dispute or claim relating in any way to your use of any Igaler Service, or to any products or services sold or distributed by Igaler or through Igaler.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send an email requesting arbitration and describing your claim to [email protected]. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Igaler will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.