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TERMS OF USE | LEGAL




TERMS OF USE | LEGAL - IKE PERRY™ U.S. STORES, ONLINE, EVENTS, FACILITIES, AND CLIENT SERVICES CENTER

TERMS OF USE | LEGAL

 

This Website (« Web Site ») is owned and edited by IKE PERRY™, OMEBM LLC, ("IKE PERRY" “OMEBM” one in the same, or referred to hereinafter as "us", "our", "we" or "the company"), a business existing under the laws of the State of Virginia and State of Utah, having its executive offices and principal place of business in the United States of America. These terms relate to and govern your use of all current and future online and mobile websites, platforms, services, applications, and any affiliated sites and associated applications owned or managed by OMEBM LLC. Along with your accessing of any site, application, physical facility owned/operated/managed by or affiliated with the company (whether by ownership, creation, or acquisition, past present or future), contact to the company by phone, visit to any of our stores, offices, managed spaces, attendance at any event hosted by the company, or engagement with any officer, employee, or representative of the company.

We take the protection of our brands and directly owned/affiliated companies seriously; along with our commitments to our valued clients and have established the following TERMS OF USE | LEGAL POLICY in accordance with the brand promise to deliver a consistent experience for our valued clients and for the protection of our company as a whole. We strongly advise any person (or entity) who engages/interacts/makes purchases or service requests/ or otherwise with our company to exercise due diligence and review the following terms carefully, with the understanding that you as a user are solely responsible for your actions and use of this site. If you access any section of this site, request or use any type of correspondence, service, product or participation from us (or access any section of a site, request or use any type of correspondence, service, product or participation from any site or company owned or managed by OMEBM LLC), you affirm your acknowledgement of these terms and conditions and affirm your positive consent to all of our terms and conditions, along with the terms and conditions outlined in our TERMS OF USE | LEGALPRIVACY POLICY, CONDITIONS OF SALE, AND RETURN POLICYIf you do not agree to any term or condition (in whole, or single, or in part); you are advised to immediately discontinue use/access of any site/product/service/engagement etc. owned,  managed, provided by, or sold to you by the company. Any claim or dispute between you and us is required to be resolved by individual binding arbitration; without exception to our policies. We advise you to carefully review the arbitration provision located in the document TERMS OF USE | LEGAL. The provision will affect your rights under this contract.  

 

Our failure to exercise or enforce any of our rights pursuant to these TERMS OF USE | LEGAL OR ANY TERM OR CONDITION OUTLINED IN ANY DOCUMENT/POLICY ON THIS SITE FROM THE COMPANY shall not operate as a waiver of such right (or any other right) or prevent a subsequent exercise of such right.  These Terms of Use shall be enforced to the fullest extent permissible by law.  If any provision of these Terms of Use shall be held or declared to be invalid or unenforceable for any reason by any arbitrator or court of competent jurisdiction in a proceeding brought in accordance with these TERMS OF USE | LEGAL OR ANY TERM OR CONDITION OUTLINED IN ANY DOCUMENT/POLICY ON THIS SITE FROM THE COMPANY, such provision shall be deemed ineffective and shall be changed and interpreted so as to best accomplish its objectives within the limits of applicable law, but the validity and enforceability of any remaining provisions shall remain unaffected.

 

Hosting Services

 

Hosting Services for this Website are provided by Shopify Inc, 126 York Street, Suite 200, Ottawa, ON, Canada K1N 5T5

 

IKE PERRY – Conditions of Sale, Privacy Policy, and Terms of Use | Legal

 

Customers purchasing products through the website or by phone through the IKE PERRY Client Relations Center are responsible for reading the Conditions of Sale prior to executing a purchase at IKE PERRY. By selecting “Checkout”, “Complete My Purchase” or “Complete Purchase”, or by affirming on a recorded line to Client Services your acknowledgement and consent to the Conditional of Sale, you certify that you are of legal age to enter into a legally binding contract and will abide by the terms and conditions located within that document. Clients purchasing within an IKE PERRY retail store will be provided an instore reference to our policies for review during the time of purchase. All clients and non-clients of IKE PERRY have the option of declining consent to the Conditions of Sale, Privacy Policy and Terms of Use | Legal simply by not completing a purchase request online, by phone, nor in a retail store. For clients who have already completed a purchase request with IKE PERRY through any channel; the sole remedy option is to complete a return authorization request meeting all requirements and following the directions outlined in the Returns Policy. Upon completion of the refund request, the client has the option to request deletion of all personal information/data (within the policies outlined in the Privacy Policy), and optionally decline to complete purchases with IKE PERRY, OMEBM LLC, or any directly owned/managed companies past, present or future whether by creation or acquisition.

 

WEBSITE TERMS OF USE

 

Use of this Web Site is subject to the following Website Terms of Use ("Terms"). IKE PERRY may revise these Terms from time to time by updating this posting, with the revised Terms taking effect for all Users as of the date stated on the posting. Consequently, Users should consult the Terms regularly.

 

Please read these Terms carefully before using the Web Site. Users expressly acknowledge that they are aware of these Terms and have had access to the same upon entering the Web Site. Consequently, by using the Web Site, Users signify their assent and agreement to these Terms. If User does not agree to these Terms, then User is not authorized to continue consultation and access of the Web Site.

 

Use of Materials on this Web Site

 

IKE PERRY has created this Web Site to provide information about its company and products for Users’ personal use. Users are not authorized to download, capture data, images, information, etc. of the material on this Web Site for any commercial, non-commercial, educational, private nor domestic use. User’s are provided all applicable proprietary notices, in particular intellectual property notices implied or expressed in addition to copyright©, trademark™, and trademark® notices related to all applicable content on the site. All site content is meant to be preserved intact and not modified, deleted, download nor changed by any third party. Unless otherwise stated, Users should assume that everything they see or read on the Web Site (such as images, photographs, including any person represented in the photographs, illustrations, icons, texts, video clips, written and other materials) ("IKE PERRY") are protected by legislation such as copyright, designs and trademark legislation and under international treaty provisions and national laws worldwide.

 

Users are not authorized to sell, reproduce, distribute, modify, display, publicly perform, report or otherwise prepare derivative or second hand works based on or use any IKE PERRY Material in any way for any public or commercial purposes. Furthermore, IKE PERRY Material may not be displayed or communicated on any other web site, in a networked computer environment or other digital support for any purpose whatsoever. In the event of breach of any of these Terms, Users affirm their understanding and acknowledgement that unauthorized use of IKE PERRY Material may infringe copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. Upon first discovery by IKE PERRY, user permissions to access IKE PERRY Material will automatically terminate and any copies made of IKE PERRY Material must be immediately destroyed.

 

IKE PERRY, PREDICTABLY UNCOMMON, OMEBM, and their respective logos, product images, intellectual property, etc. are trademarks of OMEBM LLC and its affiliates. Unauthorized use or infringement is strictly prohibited.

 

 

HELPFUL INFORMATION REGARDING INTELLECTUAL PROPERTY:

 

“What is Intellectual Property Law?

 

Intellectual property law deals with the rules for securing and enforcing legal rights to inventions, designs, and artistic works. Just as the law protects ownership of personal property and real estate, so too does it protect the exclusive control of intangible assets. The purpose of these laws is to give an incentive for people to develop creative works that benefit society, by ensuring they can profit from their works without fear of misappropriation by others.

 

Article I, Section 8 of the U.S. Constitution gives Congress express authority to grant authors and inventors exclusive rights to their creations. Section 8 also gives Congress the power to regulate interstate and foreign commerce, providing further support for its right to legislate in this area. Intellectual property laws passed by Congress are administered by two government agencies, the U.S. Patent and Trademark Office, and the U.S. Copyright Office.

 

Patents give inventors the right to use their product in the marketplace, or to profit by transferring that right to someone else. Depending on the type of invention, patent rights are valid for up to 20 years. Qualifying items include new machines, technological improvements, and manufactured goods, including the "look" of a product. Patent protection will be denied if an invention is found to be obvious in design, not useful, or morally offensive.

 

Trademarks protect symbols, names, and slogans used to identify goods and services. The purpose is to avoid confusion, deter misleading advertising, and help consumers distinguish one brand from another. Since the goal is to distinguish, generic or purely descriptive marks may not qualify. Rights can potentially last forever, and they are obtained by simply using a mark. While not required, owners can register their marks for additional protection.

 

Copyrights apply to writings, music, motion pictures, architecture, and other original intellectual and artistic expressions. Protection is not available for theories or ideas, or anything that has not been captured in a fixed medium. The act of creation itself produces a copyright and unpublished works are still protected. Use of a copyright symbol and date is common, but not mandatory. Most copyrights are valid for the creator's lifetime, plus 70 years.”

 

 

For more information on the aforementioned subject please visit the article source at: https://www.hg.org/

 

 

IKE PERRY NOTICE TO VISITORS:

 

Relating to any persons/entities accessing this site or servers, the following notice is applicable.

 

If you have received a (notice/subpoena/request to appear) regarding infringement of the intellectual property of IKE PERRY, PREDICTABLY UNCOMMON, OMEBM, or affiliated companies please notify your legal representative licensed in the State/City/Province/Country you were served in.

Based on the laws applicable to your jurisdiction, your representative may be required to prepare a response, file within the appropriate local jurisdiction, and arrange for compensatory damages to be appropriated to OMEBM LLC in the event that any claim of infringement is proven to be valid. You (or your representative) may contact legal (at symbol) ikeperry (dot) com with inquiries regarding resolution, requests for information related to our filing, or notices of your removal of the infringement of the protected intellectual property.

Requests for non-indemnification or reduced damages, that are accompanied by verifiable resolutions of the removal of the infringing content within a reasonable timeframe as determined by OMEBM LLC; will be reviewed and taken into careful consideration, with determinations based on the level of infringement and length of time of the offense.

 

Please be advised that the primary reason a filing was made regarding your person or entity is to protect the intellectual property of companies directly owned by OMEBM LLC, its affiliates, and our valued content collaborators.

Without regard to size, scope or minimal timeframe of the infringement, OMEBM LLC takes the abovementioned concerns seriously and currently files claims without prejudice to the local legal jurisdiction of the offending party.   

 

NOTICE OF PHOTOGRAPHY, VIDEO, AUDIO, DATA, AND ELECTRONIC DEVICE RECORDING

When you (or your entity) access any site, application, physical facility owned/operated/managed by or affiliated with the company (whether by ownership, creation, or acquisition, past present or future), contact the company by phone, visit any of our stores, offices, managed spaces, attend any event hosted by the company, or engage with any officer, employee, or representative of the company, you (or your entity) affirm your (or your entity) expressed consent that you (or your entity)  understand that you (or your entity) are engaging with the company in a manner in which photography, video, audio, data and electronic device recording may (and will likely) occur.

 

By accessing any site, application, physical facility owned/operated/managed by or affiliated with the company (whether by ownership, creation, or acquisition, past present or future), contacting the company by phone, visiting any of our stores, offices, managed spaces, attending any event hosted by the company, or engaging with any officer, employee, or representative of the company; you (or your entity) affirm your consent to interview(s), photography, audio recording, video recording, data recording, electronic device recording and its/their release, publication, exhibition, or reproduction to be used for news, web casts, promotional purposes, telecasts, advertising, inclusion on websites, or any other purpose by OMEBM LLC (the company) and its affiliates and representatives. You (or your entity) release the company, its officers and employees, and each and all persons involved from any liability connected with the taking, recording, digitizing, or publication of interviews, photographs, computer images, video and/or sound recordings, data, device, or electronic recordings of your site usage, person, entity, or behaviors whether electronically or physically.

 

By accessing any site, application, physical facility owned/operated/managed by or affiliated with the company (whether by ownership, creation, or acquisition, past present or future), contacting the company by phone, visiting any of our stores, offices, managed spaces, attending any event hosted by the company, or engaging with any officer, employee, or representative of the company; you (or your entity) waive all rights you may have to any claims for payment, royalties, or damages in connection with any exhibition, streaming, web casting, televising, or other publication of these materials, regardless of the purpose or sponsoring of such exhibiting, broadcasting, web casting, or other publication irrespective of whether the company has been provided payment or royalties for the use of any and all photography, video, audio, data and electronic device recording captured from you, your entity or third party systems. You (or your entity) also waive any right to inspect or approve any and all photography, video, audio, data and electronic device recording taken by OMEBM LLC (the company) or the person or entity designated to do so by OMEBM LLC.

 

You (or your entity) have been fully informed of your consent, waiver of liability, and release when or before accessing any site, application, physical facility owned/operated/managed by or affiliated with the company (whether by ownership, creation, or acquisition, past present or future), contacting the company by phone, visiting any of our stores, offices, managed spaces, attending any event hosted by the company, or engaging with any officer, employee, or representative of the company; and this notice is displayed/accessible/provided on all sites owned/operated/managed by OMEBM LLC; in our retail stores, in offices, managed spaces; available by phone when engaging with the company, and when or prior to engaging publicly with any officer, employee, or representative of the company, the communications liaison for the officer, employee, or representative of the company will notify you (or your entity) of your (or your entity) waiver of liability, and release; and affirm your (or your entity) consent verbally or via written expressed consent. If you (or your entity) do not consent to our terms and conditions, DO NOT engage with the company. This includes but is not limited to: accessing any site, application owned/operated/managed by or affiliated with the company (whether by ownership, creation, or acquisition, past present or future), contacting the company by phone, visiting any of our stores, offices, managed spaces, attending any event hosted by the company, or engaging with any officer, employee, or representative of the company.

 

Users’ Submissions

 

This section concerns transmissions to IKE PERRY. It also concerns the transmission of information to IKE PERRY in relation to the purchase of products by phone or in store. Information regarding latter is also outlined by stipulations in the Privacy Policy.

 

The Information and feedback you share with us on any correspondence inquiry form or client survey, or general communication (electronic, or traditional mail, or in store), will be used to facilitate an end user experience. This information is used internally to facilitate your request, provide services, continuously improve the quality of our products and elevate our private client service offerings. Please do not use any form or communication opportunity with IKE PERRY, OMEBM LLC, or it’s directly owned/managed companies to submit product ideas, designs, nor intellectual property. IKE PERRY does not solicit product ideas, designs, nor intellectual property from clients. As an established brand, it is conceivable that IKE PERRY may already be creating, curating, or have published works (former and present) related to such submissions. IKE PERRY, its parent company, nor direct affiliated companies will be required to indemnify any party who transmits unsolicited intellectual works to us.

Any kind of communication or material Users transmit to IKE PERRY via the Web Site, by electronic mail, verbally by phone, or verbally in a retail store, or by written method or verbal method in any location or area to an employee, officer, or representative of the company or its affiliated companies, or otherwise, including, but not limited to, any data, questions or answers, comments, suggestions, or the like will be treated as non-confidential and non-proprietary by IKE PERRY. By sending communications to IKE PERRY, Users automatically grant IKE PERRY a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display such communication(s) alone, or as a part of other works in any form, media, or technology whether now known of hereafter developed and to sublicense such rights to anyone. Anything Users transmit may be used by IKE PERRY and its affiliated companies for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast and posting, or developing, manufacturing and marketing products using such information.

 

Furthermore, IKE PERRY takes the design, development, and curation of its collections of jewelry, leather-goods, apparel and other luxury accessories very seriously. To this end, as a company under the collective scope of companies directly owned and managed by OMEBM LLC, the company possesses its own sources of design, creativity, and manufacturing from a highly skilled teams of industry experienced designers and production teams who conceive and bring into existence IKE PERRY collection items. As a result, IKE PERRY cannot agree to or accept being the receiver of unsolicited proposals of collaboration. Indeed, it is conceivable that IKE PERRY may already be working on similar ideas and /or creations. Consequently, Users are advised that IKE PERRY is not interested in receiving ideas or other proposals relating to items they may wish to submit. IKE PERRY, its parent company, nor direct affiliated companies will be required to indemnify any party who transmits unsolicited intellectual works to us.

 

Disclaimer

 

This section applies to our Retail Stores, hosted Company events, the Client Services Contact Center, and the Website; including but not limited to the products being sold by phone or in retail stores (including product information accessed via website in store) by IKE PERRY. Disclaimers regarding products being sold by IKE PERRY can also be found in the Conditions of Sale. IKE PERRY tries to ensure that the information provided is accurate and complete. However, IKE PERRY does not warrant or represent that IKE PERRY's Material is accurate, error-free or reliable or that use of IKE PERRY Material will not infringe rights of third parties. Engagement with our company in our Retail Stores, hosted Company events, the Client Services Contact Center and use of the Web Site is at Users’ risk.

 

IKE PERRY does not warrant that the functional and/or technical aspects of our Retail Stores, Company events, the Client Services Contact Center, and Web Site or the IKE PERRY Material will be error free or that this Web Site, IKE PERRY Material or the servers that makes it available are free of viruses or other harmful components. If use of this Web Site or IKE PERRY Material in our Retail Stores, hosted Company events, the Client Services Contact Center, results in the need for servicing or replacing property, material, equipment or data, IKE PERRY is not responsible for those costs. Without limiting the foregoing, everything in our Retail Stores, at hosted Company events, from our Client Services Contact Center, or Web Site is provided to Users "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, REASONABLE CARE AND SKILL, OR NON-INFRINGEMENT. IKE PERRY and its suppliers make no warranties about the IKE PERRY DOMESTIC nor IKE PERRY INTERNATIONAL Material, software text, downloads, graphics, and links, or about results to be obtained from engaging the company in our Retail Stores, hosted Company events, the Client Services Contact Center, or using the Web Site. Please note that some jurisdictions may not allow the exclusion of implied warranties, consequently some of the above exclusions may not apply.

 

IKE PERRY takes precautions in our Retail Stores, at hosted Company events, through the Client Services Contact Center, and on the Website — including administrative, technical, and physical measures — to safeguard your personal information against loss, theft, and misuse, as well as against unauthorized access, disclosure, alteration, and destruction. In addition using a payment process that is certified Level 1 PCI DSS compliant, IKE PERRY uses Secure Sockets Layer (SSL) encryption on all web pages where personal information is collected throughout the website. Unfortunately, transmitting information over the Internet or on any channel whether online or in person is not completely secure. Although we will do our best to protect your personal Information, we cannot guarantee the security of the data you transmit or provide to the company; any transmission or offering of information is at your own risk and we cannot be held liable. For more information about how we use and protect your information please view our Privacy Policy.

 

Trademark Notice

 

In general, all trademarks, logos and service marks (collectively the "Trademarks") that appear on this Web Site are registered, unregistered or otherwise protected IKE PERRY trademarks or are licensed for use by IKE PERRY by third parties. Other trademarks are proprietary marks and are registered to their respective owners. Nothing contained on the Web Site should be construed as granting, by implication or otherwise, any license or right to use any trademark displayed on this Web Site without IKE PERRY's prior written permission or that of such third party who owns the trademark. Misuse of any trademark displayed on the Web Site, or any other content on the Web Site, except as provided herein, is strictly prohibited.

Without regard to size, scope or minimal timeframe of the infringement, OMEBM LLC takes the abovementioned concerns seriously and currently files claims without prejudice to the local legal jurisdiction of the offending party.   

 

 

Copyright Notice

 

All contents of this Web Site are either Copyright © IKE PERRY or are licensed for use by IKE PERRY. All rights reserved.

Please refer to the section of these Terms on Use of Materials on this Web Site above.

 

Links & Linking

 

Links to other web sites operated by third parties not affiliated to IKE PERRY may be indicated on the Web Site. The inclusion of any link to such third party sites does not imply direct endorsement by IKE PERRY, OMEBM LLC not its directly owned/managed companies, of those sites. IKE PERRY has not reviewed all of the sites linked to its Web Site and is not responsible for the content or accuracy of any off-site pages or any other sites linked to this Web Site. Linking to any other off-site pages or third sites is at Users’ own risk. IKE PERRY does not authorize linking to its Web Site from a third party web site without its expressed prior written authorization.

Without regard to size, scope or minimal timeframe of the infringement, OMEBM LLC takes the abovementioned concerns seriously and currently files claims without prejudice to the local legal jurisdiction of the offending party.   

 

Termination

 

Users agree that IKE PERRY may terminate Users’ access to and use of the Web Site if IKE PERRY reasonably believes that Users have violated or acted inconsistently with the letter or spirit of this Agreement, or violated the rights of IKE PERRY, OMEBM LLC, affiliated companies or any third party, or for any reason with or without notice to User. Users agree that IKE PERRY may modify or discontinue this Web Site, with or without notice to them. Users agree that IKE PERRY will not be liable to them or any third party as a result of such modification or discontinuation. The provisions entitled "Disclaimer," "Limitation of Liability," and "General Provisions" will survive termination of these Terms.

 

Limitation of Liability

 

To the fullest extent allowable under applicable law, under no circumstances whatsoever shall IKE PERRY LIABLE TO YOU WITH RESPECT TO USE OF THE SITE, CONTENT OR SERVICES, EXPERIENCES IN OUR RETAIL STORES, OR ANY INTERNET CONNECTED DEVICES THAT YOU USE TO ACCESS OUR SERVICES AND (B) IN NO EVENT SHALL COMPANY BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES OR be liable for any loss arising out of or in connection with the use of information available from this Web Site whether direct or indirect including, without limitation, any liability relating to any loss of use, interruption of business, lost profits or lost data, or incidental, special or consequential damages of any kind regardless of the form of action, whether in contract, tort (including negligence) or otherwise, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OR CORRUPTION OF DATA, BREACH OF PRIVACY OR SECURITY, TRANSMISSION OF PERSONAL DATA OR FAILURE OR MALFUNCTION OF YOUR DEVICE. YOUR SOLE REMEDY UNDER THESE TERMS IS TO CEASE USE OF THE SITE OR DISCONTINUE ENGAGEMENT WITH OUR COMPANY ON ANY PLATFORM, DEVICE OR WITHIN A RETAIL STORE. OUR COMPANY DISCLAIMS ANY AND ALL LIABILITY OF ANY KIND FOR ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR PERSONALLY IDENTIFIABLE INFORMATION. BY ACCESSING THE SITE, YOU AFFIRM YOUR ACKNOWLEDGEMENT AND AGREE TO COMPANY’S DISCLAIMER OF SUCH LIABILITY. IF YOU DO NOT AGREE, YOU SHOULD NOT ACCESS OR USE THE SITE. 

COMPANY IS NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND YOU RELEASE COMPANY FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. FOR RESIDENTS OF THE STATE OF CALIFORNIA - YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.

Even if IKE PERRY has been advised of the possibility of such damages. Because some states and countries do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not be operable.

Damages arising from the purchase or use of the products sold by online, by phone, in or in an IKE PERRY retail store are covered by the Conditions of Sale, Privacy Policy, and this document. By selecting “Checkout”, “Complete My Purchase” or “Complete Purchase” online, or by affirming on a recorded line to Client Services your acknowledgement and consent to the aforementioned policy documents including this one; you certify that you are of legal age to enter into a legally binding contract and will abide by the terms and conditions located within all referenced policy documents including this document.

 

Any and all products offered for sale/provided or manufactured by the company or its vendors, along with all any and all services/content offered/provided by the company, vendors or third parties, are furnished to you as-is, with all faults, and without warranty of any kind, expressed, implied, statutory or otherwise, including any warranty of merchantability, fitness for any particular purpose, title, non-infringement, quality, usefulness, commercial utility, adequacy, or compliance with any law, domestic or foreign, and implied warranties arising from course of dealing or course of performance. You expressly disclaim that you are, or ever could be owed any rights or damages from the company, and waive and release any and all tort claims and causes of action that may be based upon, arise out of or relate to your engagement with the company online, in a retail store or on any platform or in any public area. This includes but will never be limited to: accessing or requesting goods or services, purchasing or using our products and services, or any correspondence initiated by you or the company.

In no even shall the company be liable to any user, purchaser, party, recipient, entity, or any other person for any incidental, consequential, or special damages, however arising.

As an end user or purchaser of any product or service offered by the company, you agree to assume any and all risks associated with the acceptance or use of products and/or services provided/offered by the company; and you agree that any claims asserted by a 3rd party or gift recipient, will be addressed and compensated for by the original purchaser (client, customer, purchase requester) and agree to hold harmless the company from any and all liability or actions arising from claims or damages asserted against you as a result of accessing, receiving, offering, using or passing along  our services and services to, by, with, or via a third party; or stemming from the use of our products or services by way of use, access, receipt, offering, or being passed on to, by, with, or via a gift recipient, or whoever the is the affected party in any instance of an assertion of claims or damages.  

In any event that you do not agree to any of the policies, terms or conditions provided by the company; your sole remedy is to return eligible products through the process as outlined in our Return Policy and immediately discontinue use of our products and services.

 

General Provisions:

 

Unless otherwise specified, the information and materials in the site are presented solely for the purpose of promoting IKE PERRY products and services and allowing IKE PERRY, to present products for sale via its website, by phone, or in a retail store. IKE PERRY makes no representation that IKE PERRY Material is appropriate or available for use in every country of the world. Users use this Web Site at their own risk and are responsible for compliance with applicable local laws, keeping in mind that access to IKE PERRY Material may not be legal by certain persons or in certain countries. Future products may available in many parts of the world. However, this Web Site may describe products that are not currently available worldwide. Any cause of action a User may have with respect to this Web Site or The Company must be commenced within 30 days after the claim or cause of action arises.

 

USER GENERATED CONTENT PROVISION

This section concerns user submissions both to the company and user submissions to platforms/channels/sites not owned/managed/operated/moderated by the company. The company will not publish, respond to, nor engage with any any user submission that the company determines (at our sole discretion), to infringe on the copyright, trademark, patent right, or other proprietary right of any person, entity; or that is used without the permission of the owner; statements or information that are known or can be questioned as inaccurate; contains references or material of a  pornographic, sexually explicit, or obscene nature; exploits children or minors; violates the rights of privacy or publicity of any person; or that we discern to be harassing, libelous, slanderous, false, inaccurate, retaliatory, or defamatory; or contains any personally identifying information. User submissions made on channels/platforms/forums offsite, or channels/platforms/forums/ etc. not owned, operated, managed, moderated by the company will not receive any response nor engagement from the company, except to enforce our TERMS OF USE | LEGAL and aggressively defend our companies, affiliates and (shareholders – if at any time the company is subject to public offering,) officers, directors, employees, representatives, reputation, products, content, and services to the fullest extent allowable by applicable law. Your user submission on or channels/platforms/forums/ etc. whether owned, operated, managed, moderated, or affiliated; or not owned, operated, managed, moderated or affiliated by/with the company affirms your acknowledgement of the consequences; and affirms your expressed consent to be held legally accountable for your submission of content, product narrative, company review, or any other type of submission in any format, (text, video, or otherwise) etc. to the fullest extent allowable by applicable law with provisions outlined in our TERMS OF USE | LEGAL.

 

IKE PERRY, its parent company and directly affiliated companies are continuously evolving businesses and as such, we collectively share your information within our directly owned, managed, affiliated internal companies. We provide notice to you that as we develop, and grow our companies, at any time present or future, we might purchase or sell off businesses or their assets, or engage in transfers, acquisitions, mergers, restructurings, changes of control, or other transactions. In such transactions, customer information generally is one of the transferred business assets and your information may be subject to such a transfer. You agree to and do hereby consent to any such transfer. Also, in the unlikely event of a bankruptcy, your information may be transferred to a bankruptcy trustee or debtor in possession and then to a subsequent purchaser.

 

Should you make the decision to access this site, request, purchase, or use, of products/services (or any site/product/service that is owned/managed/provided by the company) from outside the United States, you are responsible for compliance with the local laws of the jurisdiction in the geographical location from where you are accessing one of our sites. You represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (2) that you are not listed on any U.S. Government “watch list” of prohibited or restricted parties, including the Specially Designated Nationals list published by the Office of Foreign Assets Control of the U.S. Treasury or the Denied Persons List published by the U.S. Department of Commerce. The company will, when required by law, release the information related to your access, request, purchase, or use, of our sites, products, or services accessed, requested or obtained by any individual when requested by formal subpoena from a registered government entity. As a general protection that we provide to an individual in question, and to protect internal systems, we will perform due diligence to verify the authenticity of the request and validation of “necessary requirement” of any request to obtain information our company.  As a company, we are required to comply with applicable laws, regulations and government resolutions. We will do so in the interests of protecting our company and clients by providing the minimum necessary required information as expressed by a final legal ruling from the jurisdictional authority.

 

Additional General Provision 

The policies outlined throughout this document related to requests for additional identity verification related to transactional/service requests and in the TERMS OF USE | LEGAL are applicable wherever our products and services are sold, requested, offered or provided.

The company reserves the right to limit or refuse any return request. All returns facilitated are subject to a first or third‐party verification process. For any return request (primarily, but not limited to our retail stores), the company reserves the right to request that you provide a valid unexpired form of photo identification. Our transaction verification teams (internally and external third party) analyze each transaction facilitated for the company. Analysts track return trends for individual purchasers and review aggregate data information to detect trends of improper returns, irregular purchase activity, and abuse of purchase privileges including any form of retail theft or deceptive acts to defraud the company. In no event, at any time, will any person be permitted to return any item or seek refund for any service without a providing a valid, unexpired, verified record of purchase that is validated against the purchase record on file with the company. Any individual who by internal (or external) analysis has been determined to violate our policies or attempts to defraud the company will be banned permanently from conducting business with the company or any of our owned/managed/or affiliated companies – past, present or future through creation, merger, or acquisition. Additionally, any individual who by internal analysis has been determined to violate our policies or attempts to defraud the company, will have their return request denied and no refund will be issued. The record of sale for the purchase will be voided, stored with an individual profile of record prohibiting the person from conducting any business with us, and compiled with aggregate data to prohibit future attempts to perform transactional/return requests for the item(s)/service(s) in question. Without regard to size, scope or minimal timeframe of the concerned transaction(s) or event(s), OMEBM LLC takes our policies seriously. Together with the cooperation of law enforcement, the company currently escalates without prejudice to the local legal jurisdiction of the offending party: the profiles/data/information/device information of any and all individuals (both the actors and the accomplices) who are confirmed to attempt to defraud the company or have successfully circumvented our systems to defraud the company or abuse our policies for personal or group gain.

You agree that we (or any third party verification company), or law enforcement entity, are not required to provide you with any notice at any time regarding the denial of your return request, that we (or any third party verification company) or law enforcement entity, are not required to provide you with any details regarding the data or information that resulted in an adverse action against you or our decision to not conduct business of any kind with you. We, or our third‐party processor may record your information from any identification item that you present to us when completing a return request, and keep it in a secure database to assist the company in validating any kind of transactional request you make with our company or any of our owned/managed/or affiliated companies – past, present or future through creation, merger, or acquisition. You agree that we (or any third party verification company), or law enforcement entity, are not required to provide you with any copies of stored information and by completing a purchase or requesting a service from the company, you affirm your understanding and consent to our policies, and waive any rights applicable to your jurisdiction regarding our policies or transmission/storage of information/data to legally protect our company against any kind of loss.

 

Applicable law and Jurisdiction

 

The Conditions of Sale, Privacy Policy, Returns Policy, and this document shall be governed by and construed in accordance with the laws of the State of Virginia, without reference to conflict of laws provisions. Any dispute, controversy or claim arising out of or in relation to the aforementioned documents, including the validity, invalidity, breach or termination thereof, shall be arbitrated in the State and County of Virginia. All users of this site, contact by phone, or who visit an IKE PERRY retail store, affirm their consent to our terms and acknowledge that regardless of the outcome, any claim submitted against IKE PERRY, OMEBM LLC, or its directly owned/managed companies will be resolved by binding arbitration, rather than in court, with the initiating party responsible for any arbitrator legal costs, attorney fees etc. incurred by IKE PERRY, its parent company or direct affiliated companies. This policy is without exception and by accessing any website owned by OMEBM LLC or conducting business with any companies referenced as one in the same with OMEBM LLC, you provide your consent and agreement to all of the terms outlined in this document and related site policies relating to IKEPERRY.COM

 

With regard to any dispute, claim, accusation or controversy arising out of or related to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding non-appearance-based arbitration. By accessing any content provided by the company, or when you engage with the company, register for any service/program, request any type of correspondence, purchase any products, or participate at any event hosted by the company, in the event that a party elects arbitration to begin adverse action against our company, the initiating party shall initiate such arbitration before a single arbitrator through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties, or, if no agreement is reached within ten (10) days of a request for agreement, then according to the rules (“Rules”) of the American Arbitration Association - (Learn more here https://www.adr.org/sites/default/files/document_repository/AAA_Guide_Arbitration_Process_Roadmap_2011_02_16%20(1).pdf.) The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed upon in writing by both parties; and (c) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction. All aspects of the arbitration shall be treated as confidential, as provided in the Rules. Before making any disclosure permitted by the Rules, a party shall give written notice to the other party and afford such party a reasonable opportunity to protect its interests. You agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Company are each waiving the right to a trial by jury and the right to participate in a class or representative action. YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, the arbitrator may not consolidate more than one person’s claims with your or Company’s claims, and may not otherwise preside over any form of a class or representative proceeding. Per the TERMS OF USE | LEGAL  - you affirm your understanding and consent to paying all costs and legal fees incurred by IKE PERRY, its parent company OMEBM LLC and directly owned/managed companies with any relation to your claim. In any event that a claim is brought against us, and even in the event that the arbitrator awards a judgement in favor of our company -  we provide notice in this document that our company will initiate a counter claim filing against the party who took initial action. Without prejudice to the individual, entity, or circumstances related to the case, our company is expressly committed to defending claims of any kind. IKE PERRY and its parent company OMEBM LLC will seek no less than 200% of the original damages requested by the defeated party, along with all attorney costs without cap or limitation along with excess legal and public relation fees incurred by our company in relation to asserting our right to fair defense of our companies and affiliates against erroneous, unsubstantiated, libelous, slanderous, claims or arguments from the party who initiated adverse action arbitration against any of our owned/managed/or affiliated companies – past, present or future through creation, merger, or acquisition. These terms of this provision and document in its entirety are without exception and by taking any action to engage with our company at any time from any device or with regard to any request or purchase or use of products or services provided by our company or managed/owned/affiliated companies regardless of whether or not your engagement took place online, instore or via any internet connected device, or in a public area  –  you provide your expressed consent and agreement to our terms and conditions. Any person who engages with our companies is provided public notice of where you or they, may access our terms of use and legal conditions online.

 

CLASS ACTION WAIVER - RELEASE OF CLAIMS 

You acknowledge this notice that there is no judge or jury in an arbitration and that court review of an arbitration is limited. To the fullest extent permitted by applicable law, you and the company along with our parent company, owned/managed companies, affiliates and (shareholders – if at any time the company is subject to public offering,) officers, directors, employees and representatives hereby waive, knowingly and voluntarily, any right you may have to sue in court, including, without limitation, the right to a jury trial or to bring or participate in claims as a plaintiff or member of a class in any purported multi-claimant, representative or class proceeding. This notice is without exception and if you do not agree, your sole remedy is to cease any and all engagement with the company, along with our parent company, owned/managed companies, affiliates and (shareholders – if at any time the company is subject to public offering,) officers, directors, employees and representatives.

 

You (or your entity) affirm and agree that liability of the company, its owned/managed companies, affiliates and (shareholders – if at any time the company is subject to public offering,) officers, directors, employees and representatives, for any loss, damages, or claims of any kind brought against the company by you, (or your entity), is limited to the actual cost of the items purchased (as noted on a receipt provided by the company) or $50.00 fifty dollars and zero cents; whichever is less, regardless of the amount of the price paid for your purchase, or regardless of the amount of the damages outlined in your claim against the company. You agree to hold harmless the company, its owned/managed companies, affiliates and (shareholders – if at any time the company is subject to public offering,) officers, directors, employees and representatives from any compensation in excess of $50.00 fifty dollars and zero cents (or the lesser amount), additional compensation of any kind, without limit to interpretation of compensation regardless of the kind of damage or claim incurred by you (or your entity). In any event, the company, its owned/managed companies, affiliates and (shareholders – if at any time the company is subject to public offering,) officers, directors, employees and representatives will not be liable for any damage, whether direct, incidental, special or consequential, in excess of $50.00 fifty dollars and zero cents (or the lesser amount), whether or not we had knowledge or should have had knowledge that such damage might be incurred, including but not limited to the loss of any kind of income, profit, or property by you (or your entity). Also, we won't be liable if you (or your entity) or the recipient violates any terms of our policies.

 

 

SPECIAL PROVISION CLAUSE

Our company invokes without limitation – a multitude of security measures across our digital and physical platforms to protect the intellectual property of our company, directly owned/managed companies, and valued design/content collaborators. From time to time, there are individuals and entities who consciously choose to disregard the established legal rights and protections of our brands and companies. To protect the interests of the previously referenced - the following notice relates to the protection of our rights as a company and is not included as any scope of the arbitration provision. This clause is notice of the exclusive right of our company to aggressively pursue any and all available legal methods of remedy to protect our interests and intellectual property. The following “notice to visitors” will be enforced to the fullest extent of the law within a court; and if deemed necessary resolved by judge or trial by jury with our request to be awarded with the maximum monetary damages allowable under the scope of the law; in addition to our attorney costs without cap or limitation, along with excess legal and public relation fees incurred by our company in stemming from the need to assert our right to protect our brands and companies against unauthorized theft or infringement of our intellectual property:

IKE PERRY NOTICE TO VISITORS:

Relating to any persons/entities accessing this site or servers, the following notice is applicable.

If you have received a (notice/subpoena/request to appear) regarding infringement of the intellectual property of IKE PERRY, PREDICTABLY UNCOMMON, OMEBM, or affiliated companies please notify your legal representative licensed in the State/City/Province/Country you were served in.

Based on the laws applicable to your jurisdiction, your representative may be required to prepare a response, file within the appropriate local jurisdiction, and arrange for compensatory damages (without limit or cap) to be appropriated to OMEBM LLC in the event that any claim of infringement is proven to be valid. You (or your representative) may contact legal (at symbol) ikeperry (dot symbol) com with inquiries regarding resolution, requests for information related to our filing, or notices of your removal of the infringement of the protected intellectual property.

Requests for non-indemnification or reduced damages, that are accompanied by verifiable resolutions of the removal of the infringing content within a reasonable timeframe as determined by OMEBM LLC; will be reviewed and taken into careful consideration, with determinations based on the level of infringement and length of time of the offense.

Please be advised that the primary reason a filing was made regarding your person or entity is to protect the intellectual property of companies directly owned by OMEBM LLC, its affiliates, and our valued content collaborators.

Without regard to size, scope or minimal timeframe of the infringement, OMEBM LLC takes the abovementioned concerns seriously and currently files claims to be awarded with the maximum monetary damages allowable under the scope of the law without prejudice to the local legal jurisdiction of the offending party.

 

The waiver by IKE PERRY of a breach of any provision of these Terms will not operate to be interpreted as a waiver of any other or subsequent breach.

 

With regard to any and all terms and conditions of the company (policies), it is currently the decision of the company that no exceptions will be granted to our terms and policies as outlined in the related document sections throughout this website. No addendum's will be made concerning established policies and brand directives at this time.   

IKE PERRY reserves the right to change these circumstances and company policies at any time; without notice. 

 

Last Revised: June 1, 2018 

 

 

 

 







IKE PERRY VALUES AND RESPECTS THE PRIVACY OF OUR CLIENTS.

AS A BRAND, WE IMPLEMENT THE HIGHEST STANDARDS IN DIGITAL SECURITY AND DATA ENCRYPTION METHODS.