Terms of service
InductionHardware.com
Terms and Conditions
Last Modified: July 15, 2025.
These Terms and Conditions (the “Terms”) apply to anyone (“you”), reviewing, accessing or using
inductionhardware.com, or its subdomains (the “Site”), any downloadable application (an “App”), that
Induction Hardware, a Nevada corporation, or its affiliates (collectively, “IH”, “we” or “us”), makes
available to you, or any other native or online software products or services that we make available to you
through the Site or App (together with the App, the “Products”).
PLEASE READ THESE TERMS CAREFULLY BEFORE YOU REVIEW, ACCESS OR USE THE
SITE OR ANY PRODUCTS, AS THEY MAY HAVE CHANGED SINCE YOUR LAST VISIT AND
THEY CONTAIN AN AGREEMENT TO ARBITRATE DISPUTES AND OTHER IMPORTANT
INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS.
FURTHER, YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US ON AN
INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR
REPRESENTATIVE ACTION OR PROCEEDING, YOU WILL ONLY BE PERMITTED TO
SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON
AN INDIVIDUAL BASIS, AND YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE
AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.
BY REVIEWING OR ACCESSING THE SITE OR ACCESSING OR USING ANY PRODUCTS,
BY REGISTERING TO REVIEW, ACCESS OR USE THE SITE OR ANY PRODUCTS, OR BY
CLICKING TO ACCEPT OR AGREE TO THESE TERMS WHEN THIS OPTION IS MADE
AVAILABLE TO YOU, YOU AGREE TO BE BOUND BY THESE TERMS, AND OUR PRIVACY
POLICY, FOUND AT WWW.INDUCTIONHARDWARE.COM/PRIVACY, WHICH IS
INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT WISH TO BE BOUND BY
THESE TERMS, THE PRIVACY POLICY OR DISCLAIMER, DO NOT REVIEW, ACCESS OR
USE THE SITE OR ANY PRODUCTS, REGISTER TO REVIEW, ACCESS OR USE THE SITE
OR ANY PRODUCTS, AND IMMEDIATELY EXIT THE SITE.
General Terms
By reviewing, registering, accessing or using the Site or any Products or accepting these Terms when that
option was made available to you, you agree: (a) that you have read and understand these Terms; (b) that
these Terms create a valid and binding agreement, enforceable against you; (c) to be bound by these Terms
and any terms, conditions or other policies of IH, as each may be amended or supplemented by us from
time to time; (d) that your use of the Site and Products shall comply with all applicable federal, state, and
local laws or regulations; and (e) that you are solely responsible for your compliance with, familiarity with,
and understanding of any such laws applicable to your use.
Additionally, and without limiting the foregoing, by reviewing, accessing or using the Site or any Products,
you represent and warrant that you: (a) are eighteen (18) years of age or older; (b) are not a competitor of
IH or are not reviewing, accessing or using the Site or any Products for reasons that are in competition with
IH or any product or service offered by IH; (c) have full power and authority to enter into and perform these
Terms and doing so will not violate any other agreement to which you are a party; (d) agree to make all
arrangements necessary for you to review, access or use the Site or any Products, including, without
limitation, by providing, at your sole cost, all equipment, software, internet access, and other items
necessary to review, access or use the Site or any Products; and (e) agree to ensure that all persons who
review, access or use the Site or any Products through your account or internet connection are aware of
these Terms and comply with them.We may alter, suspend, discontinue, or subcontract any Products, in whole or in part, at any time and for
any reason, without notice. The Site or any Products may also periodically become unavailable due to
maintenance or malfunction of computer equipment or for other reasons. We will not be liable if, for any
reason, all or any part of the Site or any Products are unavailable at any time or for any period.
Privacy
IH’s Privacy Policy applies to your access, viewing and use of the Site and Products, and the terms and
conditions of the Privacy Policy are made part of these Terms by this reference. Additionally, by accessing,
viewing or using the Site or Products, you acknowledge and agree that internet transmissions are never
completely private or secure. You understand that any message or information you send to or through the
Site or Products, may be read or intercepted by others, even if there is a special notice that a particular
transmission is encrypted.
Intellectual Property Rights
The Site and Products and all associated information, documents, features, functionality, materials, or other
content or intellectual property (“Content”) are owned by us and are protected by United States and
international copyright, trademark, patent, trade-secret, and other intellectual-property or proprietary-rights
laws.
We hereby grant you a limited, personal, non-exclusive, non-sublicensable, non-transferrable, freely
revocable license to access, view and use the Site, Products and Content, in accordance with these Terms,
only for your own personal, non-commercial use in evaluating a potential investment with us and managing
any investment with us, and for no other use or purpose. No right, title, or interest in or to the Site, Products
or Content is transferred to you, and all rights not expressly granted by the above license are reserved by
us. Any use of Site, Products or Content not expressly permitted by these Terms is a breach of these Terms
and may violate copyright, trademark, patent, trade-secret, and other intellectual-property or proprietary-
rights laws.
Your Use of the Site and Products; Account Security
While you can visit the Site and review a range of information about IH, the Products and our other products
and offerings without registering, we require that you become a “Registered User” to access, purchase or
use certain Products. Only Registered Users who have a valid user account are authorized to access any
restricted or protected areas of the Site or Products, or other portions of the Products reserved for Registered
Users. We recommend that each individual user register for an individual account and become a Registered
User.
Each Registered User must keep in mind that we will treat anyone who uses his or her account information,
including, without limitation, user name and password, as that Registered User, and each Registered User
will be liable and responsible for any actions taken under his or her account. We will not restrict such
person’s access and will provide such person with all of the rights and privileges that we provide to that
Registered User, and we will hold that Registered User responsible for the activities of such person using
the Registered User’s account. You therefore agree to maintain your account information, including,
without limitation, user name and password in confidence, and to refrain from disclosing this information
to anyone, including anyone who might “pretend” to be you with respect to any Products. You also agree
to notify us immediately if you suspect that someone is using your account information without
authorization, including, without limitation, user name and/or password. You also agree to ensure that you
exit from your account at the end of each session. You should use particular caution when accessing your
account from a public or shared computer so that others are not able to view or record your password or
other personal information.To access certain of the Products, you may be asked to provide certain registration details or other
information. It is a condition of your use of certain Products that all the information you provide when using
the Services is correct, current, and complete. You agree that all information you provide to register with
the Services or otherwise, including, but not limited to, through the use of any interactive features on the
Site or App, is governed by our Privacy Policy, and you consent to all actions we take with respect to your
information consistent with our Privacy Policy.
We have the right to disable any username, password, or other identifier, whether chosen by you or provided
by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated
any provision of these Terms.
Prohibited Uses
You may use the Site and Products only for lawful purposes and in accordance with these Terms. Without
limiting the generality of the foregoing, or any other provision hereof, you acknowledge and agree as
follows:
▪ You will not use any “deep-link,” “page-scrape,” “robot,” “spider,” or other automatic-device
program, algorithm, or methodology, or any similar or equivalent manual process, to access,
acquire, copy, or monitor any portion of the Site or Products, or in any way reproduce or circumvent
the navigational structure or presentation of the Site or Products, or to obtain or attempt to obtain
any materials, documents, or information through any means not purposely made available through
the Site or Products.
▪ You will not use the Site or Products in any manner that could disable, overburden, damage, or
impair the Site or Products or interfere with any other party’s use of the Site or Products, including
their ability to engage in real-time activities through the Site or Products.
▪ You will not attempt to gain unauthorized access to any portion or feature of the Site or Products,
or any other systems or networks connected to the Site or Products, or to any IH server or other
equipment, by hacking, password “mining,” or any other illegitimate means.
▪ You will not attack the Site or Products via a denial-of-service attack or a distributed-denial-of-
service attack.
▪ You will not probe, scan, or test the vulnerability of the Site or Products, or any network connected
to the Site or Products, nor breach the security or authentication measures on the Site or Products
or any network connected to the Site or Products.
▪ You will not reverse look-up, trace or seek to trace any information on any other user of or visitor
to the Site or Products, including any user account not owned by you, to its source, or exploit the
Site or Products, or any service or information made available or offered by or through the Site or
Products, in any way where the purpose is to reveal any information, including but not limited to
personal identification or information, other than your own information, as provided for by the Site
or Products.
▪ You will not take any action that imposes an unreasonable or disproportionately large load on the
infrastructure of the Site or Products or IH’s systems or networks, or any systems or networks
connected to the Site or Products or to IH.
▪ You will not use any device, software, or routine to interfere or attempt to interfere with the proper
working of the Site or Products or any transaction being conducted on the Site or Products, or with
any other person’s use of the Site or Products.▪ You will not upload, use, or disseminate viruses, Trojan horses, worms, logic bombs, or other
malicious code or other abusive scripts or processes or materials that are malicious or
technologically harmful.
▪ You will not post content that (a) is illegal, threatening, defamatory, abusive, harassing, degrading,
intimidating, fraudulent, deceptive, invasive, discriminatory, hateful, or pornographic; (b) incites
violence, whether actually or potentially; (c) contains any type of unauthorized or unsolicited
advertising; or (d) contains nudity, graphic material, gratuitous violence, or anything else found to
be objectionable by IH in its sole discretion.
▪ You will not use the Site or Products for the purpose of exploiting, harming, or attempting to exploit
or harm minors in any way by exposing them to inappropriate content, asking for personally
identifiable information, or otherwise.
▪ You will not use the Site or Products in any manner that is, or could reasonably be, construed to
be, as determined by IH in its sole discretion, fraudulent, misleading, malicious, or discriminatory.
▪ You will not use the Site or Products to send, knowingly receive, upload, download, use, or re-use
any material that does not comply with any standards of content established by us.
▪ You will not use the Site or Products to transmit, or procure the sending of, any advertising or
promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar
solicitation.
▪ You will not remove any trademark, copyright, or other proprietary notation, designation, or notice
from: (a) any portion of the Site or Products; (b) any documents, information or other content posted
on or accessible through the Site or Products; or (c) any communication received from IH.
▪ You will not facilitate or encourage violations of these Terms.
▪ You will not use the Site or Products in any way that violates any applicable federal, state, local,
or international law or regulation (including, without limitation, any laws regarding the export of
data or software to and from the US or other countries), or for any purpose that is unlawful or
prohibited by these Terms, or to solicit the performance of any illegal activity or other activity that
damages or infringes the rights of IH or others.
▪ You will not use the Site or Products to impersonate or attempt to impersonate IH, a IH employee,
another user, or any other individual or entity (including, without limitation, by using email
addresses or screen names associated with any of the foregoing).
▪ You will not use the Site or Products to engage in any other conduct that restricts or inhibits
anyone’s use or enjoyment of the Site or Products, or that, as determined by us, may harm IH or
users of the Site or Products, or expose them to liability.
User Content
The Site or Products may contain personal profiles, comment capabilities, and other interactive features
(collectively, “Interactive Products”) that allow you to post, submit, publish, display, or transmit to other
users or other persons (hereinafter, “post”) content or materials (collectively, “User Content”) on or
through the Site or Products.
All User Content must comply with these Terms, and any User Content you post will be considered non-
confidential and non-proprietary. By providing any User Content, you grant us and our affiliates a non-exclusive, perpetual, irrevocable, worldwide, freely sublicensable, freely transferrable, royalty-free, fully
paid license to use, reproduce, modify, translate, adapt, perform, display, distribute, and otherwise disclose
to third parties any User Content and other similar materials for any purpose.
You represent and warrant to us that you own all rights in and to the User Content and have the right to
grant the license granted above, and all your User Content does and will comply with these Terms. You
understand and acknowledge that you are responsible for any User Content you submit or contribute, and
you, not IH, have full responsibility for such content, including its legality, reliability, accuracy, and
appropriateness.
We are not responsible or liable for the content or accuracy of any User Content posted by you or any other
user of the Site or Products. We are not responsible or liable for the conduct of users or for any views,
opinions, or statements expressed in User Content submitted through the Site or Products, such as through
Interactive Products. We do not prescreen information posted to any Interactive Products. With respect to
such Interactive Products, we are acting as a passive conduit for such distribution and are not responsible
for User Content. Any opinions, advice, statements, content, offers, or other information in User Content
expressed or made available by a user are those of the respective user(s) or author(s) and not of IH. We
neither endorse nor guarantee the accuracy, completeness, or usefulness of any such User Content.
Content Standards
These Terms, together with any other content standards adopted by us, apply to any and all User Content
and use of any Interactive Products. User Content must comply in its entirety with all applicable federal,
state, local, and international laws and regulations, and must not contain any material that is defamatory,
obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable,
promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion,
nationality, disability, sexual orientation, or age, infringe any patent, trademark, trade secret, copyright, or
other intellectual property or other rights of any other person, violate the legal rights (including the rights
of publicity and privacy) of others or contain any material that could give rise to any civil or criminal
liability under applicable laws or regulations or that otherwise may be in conflict with these Terms or our
any unlawful act, cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass,
alarm, or annoy any other person, impersonate any person or misrepresent your identity or affiliation with
any person or organization, involve commercial activities or sales, such as contests, sweepstakes, and other
sales promotions, barter, or advertising, or give the impression that it emanates from or is endorsed by us
or any other individual or entity.
Privacy Policy, be likely to deceive any person., promote any illegal activity, or advocate, promote, or assist
Monitoring and Enforcement; Termination
We have the right to monitor your access, viewing and use of the Site and Products and, for any or no
reason, including, without limitation, if we believe that you are violating these Terms, infringing on any
intellectual property rights or other rights of any individual or entity, threatening our personal safety or the
personal safety of others or the public, or your actions could otherwise create liability for us or damage our
rights, property, business or operations, to take any action that we deem necessary or appropriate in our
sole and absolute discretion, including, without limitation, restricting, terminating or suspending your
access, viewing or use of all or part of the Site or Products, terminating Paid Services (as defined below),
disclosing your identity or other information to law enforcement or any third party claiming violations of
their rights.
YOU HEREBY WAIVE AND HOLD HARMLESS IH, ITS SUBSIDIARIES AND AFFILIATES, AND
THEIR RESPECTIVE DIRECTORS, OFFICERS, STOCKHOLDERS, MEMBERS, MANAGERS,
PARTNERS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, AND ASSIGNS FROM ANY
AND ALL CLAIMS (AS DEFINED BELOW) ARISING OR RESULTING FROM ANY ACTIONTAKEN BY US, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY US OR ANY LAW-
ENFORCEMENT AUTHORITY, WHETHER RELATED TO THESE TERMS, THE SITE, PRODUCTS
OR OTHERWISE.
Nonetheless, we do not undertake to review any User Content before it is posted on the Site or Products
and cannot ensure prompt removal of objectionable User Content after it has been posted. Accordingly, we
assume no liability and disclaim any and all liabilities for any action or inaction regarding transmissions,
communications, or content provided by any user or third party, including, without limitation, any User
Content. We have no liability or responsibility and disclaim all liability and responsibility to anyone for
performance or nonperformance of the activities described in this section.
Paid Services; Billing and Payments
Certain of our Products are only available for paying Registered Users (the “Paid Services”).
BY SIGNING UP TO ACCESS AND USE OUR PAID SERVICES, YOU AGREE TO PAY THE
RECURRING SUBSCRIPTION FEE FOR THE SERVICES.
You will automatically be charged at the start of the billing cycle that you have selected for any ongoing
subscriptions. You may be charged local sales tax or other similar amounts, if applicable. Further, unless
you cancel your subscription prior to the end of your then-current subscription period, at the end of that
period, your subscription will automatically be renewed for an additional subscription period of the same
amount of time.
For your convenience and continuous subscription benefits as a member, if your payment method reaches
its expiration date, you do not edit your credit card information and you have an ongoing subscription, you
authorize us to continue billing that credit card on file including extending the expiration date until we are
notified by you or the credit card company that the account is no longer valid. We encourage you to
constantly update your payment method information or cancel your membership should you wish to
discontinue any Paid Services.
We use a third party payment service in lieu of directly processing your credit card information. By
submitting your credit card information, you grant us the right to store and process your information with
a third party payment service, which may change from time to time; you agree that we will not be
responsible for any failures of the third party to adequately protect such information. All financial matters
regarding your information are subject to the terms and conditions of the third party payment service
provider’s terms of service. You acknowledge that we may change service providers and move your
information to other service providers that encrypt your information using secure socket layer technology
(SSL) or other comparable security technology.
Paid Services Cancellations
We work hard to make your Paid Services satisfying. However, you may cancel your ongoing Paid Services
through the account page on the Site.
YOUR SUBSCRIPTION IS CONTINUOUS UNTIL YOU CANCEL AND, IF YOU CANCEL YOUR
PAID SERVICES BEFORE THE END OF A SUBSCRIPTION PERIOD, YOU WILL BE CHARGED
FOR THE REMAINDER OF THAT SUBSCRIPTION PERIOD. YOUR SUBSCRIPTION WILL
CONTINUE UNTIL YOU CANCEL AND, IF YOU DO NOT CANCEL YOUR PAID SERVICES PRIOR
TO THE END OF A SUBSCRIPTION PERIOD, YOUR SUBSCRIPTION WILL AUTOMATICALLY
RENEW FOR A NEW SUBSCRIPTION PERIOD OF THE SAME AMOUNT OF TIME.
All cancellation requests received after the end of a subscription period will apply to the followingsubscription period. All sales are final and no refunds will be offered for any Paid Services.
Electronic Communications
When you use our Site or Products, send emails to us, or use any chat features on the Site or Products, you
are communicating with us electronically. You consent to receive communications from us electronically.
We may communicate with you by email and by posting notices and other similar means on the Site or
Products. 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.
You may opt out of receiving emails from us by emailing info@inductionhardware.com or selecting to
unsubscribe as may be provided in the applicable email correspondence.
General Disclaimer
You understand that we cannot and do not guarantee or warrant that the Site, Products or Content, or any
other files available for downloading from the internet, will be free of viruses or other destructive code.
You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular
requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means
external to the Site, Products or Content for any reconstruction of any lost data.
YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE, PRODUCTS AND CONTENT IS
VOLUNTARY. TO THE FULLEST EXTENT PERMITTED BY LAW, IH EXPRESSLY DISCLAIMS:
(a) ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE; (b) ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT,
COMPLETENESS, OR LEGALITY OF THE SITE, PRODUCTS OR CONTENT OR OTHER
INFORMATION AVAILABLE THROUGH THE SITE, PRODUCTS OR CONTENT; AND (c) ANY
RESPONSIBILITY OR LIABILITY FOR HARM RESULTING FROM USING, DOWNLOADING, OR
ACCESSING THE SITE, PRODUCTS OR CONTENT, INCLUDING, WITHOUT LIMITATION,
HARM CAUSED BY VIRUSES OR SIMILAR DESTRUCTIVE FEATURES.
YOU EXPRESSLY AGREE THAT USE OF THE SITE, PRODUCTS AND CONTENT IS AT YOUR
SOLE RISK AND RESPONSIBILITY, AND THAT YOU HEREBY VOLUNTARILY, KNOWINGLY,
AND UNDERSTANDINGLY ASSUME ALL SUCH RISK AND RESPONSIBILITY.
IH DOES NOT PROMISE, REPRESENT, OR WARRANT THAT THE SITE, PRODUCTS OR
CONTENT WILL BE COMPLETE, SECURE, RELIABLE, ACCURATE, AVAILABLE, ERROR-
FREE, OR UNINTERRUPTED, OR THAT DEFECTS WILL BE CORRECTED. THE SITE,
PRODUCTS AND CONTENT ARE DELIVERED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
WHEN YOU ACCESS THE SITE, PRODUCTS OR CONTENT, YOU DO SO SOLELY AT YOUR
OWN RISK AND RESPONSIBILITY. IH DOES NOT REPRESENT OR WARRANT THAT (a) THE
SITE, PRODUCTS OR CONTENT WILL MEET YOUR SPECIFIC REQUIREMENTS OR
EXPECTATIONS, OR THAT THEY ARE FIT FOR A SPECIFIC PURPOSE; (b) THE SITE,
PRODUCTS OR CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
OR (c) THE SITE, PRODUCTS OR CONTENT, OR INFORMATION YOU ACCESS, VIEW, OR
DOWNLOAD FROM THE SITE, PRODUCTS OR CONTENT WILL BE FREE OF VIRUSES OR
OTHER HARMFUL FEATURES.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS
OR DAMAGE CAUSED BY A DENIAL-OF-SERVICE ATTACK, A DISTRIBUTED-DENIAL-OF-
SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT
MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHERPROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE, PRODUCTS OR CONTENT OR TO
YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE SITE, PRODUCTS OR CONTENT,
OR ON ANY WEBSITE LINKED TO THE SITE, PRODUCTS OR CONTENT.
Limitation of Liability; Waiver and Release
YOU ALSO AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO
CIRCUMSTANCES OR LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, WARRANTY,
BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, WILL IH, ITS
SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS,
STOCKHOLDERS, MEMBERS, MANAGERS, PARTNERS, EMPLOYEES, AGENTS, AFFILIATES,
SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE “RELEASED PARTIES”) BE LIABLE TO
YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE,
EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST
PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR
PRODUCTS) THAT ARISE OUT OF OR ARE RELATED TO YOUR REVIEW, ACCESS OR USE OF
(INCLUDING ANY UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF) OR INABILITY TO
REVIEW, ACCESS OR USE THE SITE, PRODUCTS OR CONTENT, UNAUTHORIZED ACCESS TO
OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, STATEMENTS OR CONDUCT OF ANY
THIRD PARTY ON THE SITE OR PRODUCTS, OR ANY OTHER MATTER RELATING TO THE
SITE, PRODUCTS OR CONTENT, EVEN IF IH HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES OR LOSSES.
WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL THE RELEASED PARTIES’
AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNTS PAID BY YOU DURING THE SIX
(6) MONTHS PRECEDING THE BRINGING OF ANY CLAIM, OR FIVE-HUNDRED DOLLARS
($500.00), WHICHEVER IS LESS. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT
PAID IH ANY AMOUNTS IN THE SIX (6) MONTHS PRECEDING THE BRINGING OF ANY CLAIM,
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE IS TO STOP USING THE SITE,
PRODUCTS OR CONTENT.
YOU HEREBY WAIVE AND RELEASE THE RELEASED PARTIES FROM ANY AND ALL CLAIMS
OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, DIRECT AND INDIRECT,
SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ACCRUED OR
UNACCRUED, ARISING OUT OF OR IN ANY WAY RELATED TO O THE SITE, PRODUCTS OR
CONTENT OR CONTENT ACCESSED THROUGH THE SITE, PRODUCTS OR CONTENT, OR ANY
INTERACTIONS WITH OTHERS ARISING OUT OF OR RELATED TO THE SITE, PRODUCTS OR
CONTENT OR CONTENT ACCESSED THROUGH THE SITE, PRODUCTS OR CONTENT, AND, TO
THE EXTENT APPLICABLE, YOU EXPRESSLY WAIVE THE PROVISIONS OF CALIFORNIA
CIVIL CODE SECTION 1542 (AND ANY SIMILAR LAWS IN OTHER JURISDICTIONS), WHICH
PROVIDES:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR
OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR
HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF
KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER
SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
THESE LIMITATIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. THE
FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED
UNDER APPLICABLE LAW.
IndemnityWithout limiting any other provision hereof, you agree to indemnify and hold the Released Parties harmless
from and against any and all claims, actions, demands, causes of action, injuries, costs, damages, losses, or
other liabilities, including, without limitation, attorney fees and costs (collectively, “Claims”) arising from
or related to your: (a) review, access or use (including any unauthorized access or use or misuse) of the
Site, Products or Content, (b) your breach of any representation or warranty contained in these Terms, (c)
your failure to comply with, or other breach or default of or under, these Terms, or (d) any third party’s use
of any User Content that you submit. At our option, you also agree to defend us from any such Claims.
Modifications
We may revise and update these Terms from time to time in our sole and absolute discretion. All changes
are effective immediately when we post them and apply to all access to and use of the Site, Products and
Content thereafter. However, any changes to the dispute-resolution provisions set out in the “Governing
Law; Venue; Limitation on Time to File Claims” and “Arbitration; Prohibition of Class Action” sections
will not apply to any disputes for which the parties have actual written notice on or before the date the
change is posted on the Site.
Your continued use of the Site, Products or Content following the posting of revised Terms means that you
accept and agree to the changes. You are expected to check this page from time to time so you are aware
of any changes, which are binding on you.
Assignment
These Terms shall not be assignable by you in whole or in part. IH reserves the right to assign its rights and
obligations, in whole or in part, under these Terms. These Terms shall bind and inure to the benefit of the
parties to these Terms and their respective successors, permitted transferees, and permitted assigns. Any
purported assignment in violation of these Terms is void and of no effect.
Governing Law; Venue; Limitation on Time to File Claims
These Terms, including the Privacy Policy, shall be governed in all respects by the laws of the State of
Nevada without giving effect to its conflicts-of-law provisions. You and we submit to the personal
jurisdiction of and venue in the federal and state courts located in Washoe County, Nevada. You and we
further agree that any cause of action arising under these Terms shall exclusively be brought in such courts.
You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in
such courts. YOU MUST BRING ANY CLAIM OR ACTION UNDER THESE TERMS WITHIN THREE
(3) MONTHS AFTER THE OCCURRENCE OF THE FACTS OR CIRCUMSTANCES GIVING RISE TO
SUCH CAUSE OF ACTION OCCUR, OR SUCH CLAIMS OR CAUSES OF ACTION ARE
CONCLUSIVELY AND PERMANENTLY BARRED.
Geographic Restrictions
We are based in the State of Nevada in the United States. We make no claims that the Site, Products or
Content are accessible or appropriate outside of the United States. Access to the Site and Products may not
be legal by certain persons or in certain countries. If you access the Site or Products from outside the United
States, you do so on your own initiative and are responsible for compliance with all laws.
Arbitration; Prohibition of Class Action
At our sole and absolute discretion, we may require you to submit, and you hereby agree to submit upon
such requirement, any disputes arising from these Terms or the Site or Products, including disputes arising
from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final andbinding arbitration under the Rules of Arbitration of the American Arbitration Association (including any
appellate rules thereof) applying Nevada law.
YOU AND WE HEREBY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE
OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN
ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH
YOU AND WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN
MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE
OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO,
THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND
DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF
AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT
PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE
ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE
EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.
Waiver
Our failure to act with respect to any breach by you or others of these Terms or otherwise does not waive
our right to act with respect to subsequent or similar breaches.
Severability
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and
the remaining provisions shall be enforced.
Construction
Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or
extent of such section.
Attorney Fees
If we engage an attorney or attorneys to enforce any of the terms and conditions hereof, to protect any of
our rights or interests created or evidenced hereby, or in connection with your breach of any terms or
conditions of these Terms, or any representation or warranty set forth herein, we shall be entitled to recover
from you all costs and other expenses, including attorney fees and costs, expended or incurred by us in
connection therewith.
Entire Agreement
These Terms, including the Privacy Policy, constitute the sole and entire agreement between you and us
regarding the subject matter thereof and supersede all prior and contemporaneous understandings,
agreements, representations, and warranties, both written and oral, regarding the Site and Products.
Independent Contractors
We and you are independent contractors and are not partners, joint venturers, agents, employees, or
representatives of the other party.
MinorsOur Site and Products are available only to, and may be used only by, individuals who are at least eighteen
(18) years of age and older, and who can form legally binding contracts under applicable law. If you are a
parent or guardian and discover that your child has created an unauthorized account, please contact us at
info@inductionhardware.com and we will remove the account.
Notice for California Residents
Under California Civil Code Section 1789.3, California users are entitled to the following consumer-rights
notice:
If you have a question or complaint regarding the Site, Products or Content, please send an email to
info@inductionhardware.com. You may also contact us by writing to Induction Hardware, Attn: Chief
Legal Officer, 12920 Old Virginia Road, Reno, Nevada 89511, and by telephone at (775) 898-7562
.
California residents may reach the Complaint Assistance Unit of the Division of Consumer Products by
mail at 1625 North Market Boulevard, Suite N 112, Sacramento, California 95834, or by telephone at (916)
445-1254 or (800) 952-5210. Please be sure to identify the specific website, software, or service about
which you have a question or complaint and how we can contact you.
Your Questions, Comments, and Concerns
Questions, feedback, comments, requests for technical support, and other communications relating to the Site, Products or Content should be directed to info@inductionhardware.com, or by mail addressed and sent to Induction Hardware, Attn: Chief Legal Officer, 12920 Old Virginia Road, Reno, Nevada 89511.
