Legal Disclaimer
& Agreement

IOTAMERCH is an online retail exchange ONLY FOR IOTA PHI THETA FRATERNITY located at the URL www.iotamerch.com (the "IOTAMERCH WEBSITE") that specializes in providing information about products produced, endorsed or sourced by celebrities and available for direct purchase by its visitors (referred to herein collectively as "USERS" or individually as “USER,” “you” or “your”). Iotamerch provides the IOTAMERCH WEBSITE as a service for the convenience and benefit of its USERS of Iota Phi Theta Fraternity Inc, purchase at your own risk.

PLEASE READ THIS DOCUMENT CAREFULLY. The Terms of Use contained in this Legal Disclaimer and Agreement govern your use of the IOTAMERCH WEBSITE and the materials, information and products accessible on or via the IOTAMERCH WEBSITE. By accessing the IOTAMERCH WEBSITE, you agree to comply with the terms and conditions set forth herein. If you do not agree, do not access the IOTAMERCH WEBSITE.

Third Party Information & Links

All of the content and information relating to the celebrities and/or their products as promoted and identified on the IOTAMERCH WEBSITE is provided by the celebrity and/or their third party representatives or other sources (the “Third Party Information”) or upon agreement with Third Party, IOTAMERCH. While IOTAMERCH has made certain attempts to ensure the completeness and reliability of the Third Party Information, it cannot guarantee its accuracy at the time of its inclusion, therefore such information is therefore provided "as is" without warranty of any kind. For the avoidance of doubt, IOTAMERCH does not accept any responsibility or liability for the accuracy, content, completeness, legality, or reliability of the Third Party Information contained on the IOTAMERCH WEBSITE. No warranties, promises and/or representations of any kind, expressed or implied, are given as to the nature, standard or accuracy of information provided on the IOTAMERCH WEBSITE nor to the suitability of the information to your particular circumstances, all of which are specifically disclaimed to the full extent of the applicable law.

The Third Party Information provided on the IOTAMERCH WEBSITE is provided by the celebrities, third parties and/or other sources for the sole purpose of advertising and marketing their products and is therefore not within the custody and control of IOTAMERCH. The Third Party Information provided by IOTAMERCH should not be deemed as an endorsement by IOTAMERCH of the product and/or the celebrity. For these reasons, each USER is advised and compelled to conduct its own thorough investigation of the product, celebrity, manufacturers, distributors or other third parties related to the products and product information provided in order to make his or her own determination as to the correctness, reliability and/or accuracy of the information, product and/or celebrity before relying on, purchasing and/or using the information and/or product. USER assumes the risk of not conducting such investigation. The IOTAMERCH WEBSITE may contain hypertext markup language that links USERS to other websites owned and/or operated by the celebrities and/or other third parties (“Third Party Links”). Such Third Party Links are provided for the convenience of the USER only. All website content accessed by the USER via Third Party Links is not within IOTAMERCH’s control, and IOTAMERCH does not take responsibility for the information or content on those third party websites, nor does it endorse the third party website, nor is it associated with the third party entities controlling the websites. Website accessed via Third Party Links are not guaranteed to be free from computer viruses or anything else that has destructive properties, nor does IOTAMERCH take responsibility for the collection or use of personal data from any third party website. IOTAMERCH is not responsible for advising you when you when you leave the IOTAMERCH WEBSITE to access a website via Third Party Links. You assume the risk for accessing Third Party Links.

IOTAMERCH Website Access

By visiting the IOTAMERCH WEBSITE, USERS agree that the use of the IOTAMERCH WEBSITE is at the USERS' sole and absolute risk. IOTAMERCH WEBSITE is not guaranteed to be uninterrupted or error free and the IOTAMERCH WEBSITE is available strictly on an "as is" basis. IOTAMERCH is not liable for any damages or injury caused by the IOTAMERCH WEBSITE performance failure, connection failure, error, interruption, deletion, virus, or any other malware inadvertently obtained by the USER as a result of visiting the IOTAMERCH WEBSITE but we, IOTAMERCH, will attempt to keep high maintenance that maybe under our control.

Restricted Use

You may not use any data collected on the IOTAMERCH WEBSITE to contact or profile the celebrities, their companies and or affiliates identified on the IOTAMERCH WEBSITE or use any of that information for purposes other than that for which it is provided, including without limitation direct marketing, email campaigns, SMS marketing, telemarketing, radio advertisements, blog advertisements and/or direct mailings. You may not use the IOTAMERCH WEBSITE to conduct any systematic or automated data collection activity (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the IOTAMERCH WEBSITE or the celebrities or products identified thereon without the express written consent of IOTAMERCH.

Ownership

The IOTAMERCH WEBSITE is owned by Brian Demorcy, and IOTAMERCH grants you a license to use the IOTAMERCH WEBSITE by virtue of your access. USERS do not, however, acquire any ownership rights to the IOTAMERCH WEBSITE or any content contained thereon, including, without limitation, the IOTAMERCH IP and the Celebrity IP, as those terms are defined in the next section. Any unauthorized use by you terminates the permission or license granted by IOTAMERCH.

Copyright and Proprietary Information

All content and materials on the IOTAMERCH WEBSITE, including, without limitation, any copyrights, patents, trademark, proprietary information, page layout, design, scripts (not including open source), innovations, text, graphics, photographic images, logos, press releases and other information are exclusive properties owned by IOTAMERCH (the “IOTAMERCH IP”). All personal indicia and product, including, without limitation, the copyrights, patents, trademark, proprietary information, biographical information, graphics, photographic images, trade names, signatures, logos, etc. belonging to the celebrities identified on the IOTAMERCH WEBSITE is the intellectual property of the celebrities and/or any affiliated entities and associates (the “Celebrity IP”). The IOTAMERCH IP and the Celebrity IP are protected under United States copyright, trademark and patent laws as well as other international treaties related to intellectual properties. USERS may not frame or utilize framing techniques to, or otherwise reproduce, duplicate, copy, sell, resell, transmit, distribute or display for subsequent use or otherwise use in whole or part any of the IOTAMERCH IP and the Celebrity IP on the IOTAMERCH WEBSITE without the prior written consent of IOTAMERCH and/or the Celebrity. You may not republish, distribute, prepare derivative works, or otherwise use the IOTAMERCH IP or the Celebrity IOTAMERCH other than as explicitly permitted herein.

Privacy Statement

Because IOTAMERCH respects your right to privacy, it has developed a separate Privacy Policy to inform you about the privacy practices of the IOTAMERCH WEBSITE. Please review this link to the applicable Privacy Policy.

Representations and Warranties

IN CONFORMITY WITH NY CODE §2-316, IOTAMERCH DOES NOT MAKE ANY WARRANTY OR GUARANTEE THAT EXTENDS BEYOND THE SCOPE OF THIS DISCLAIMER AND SPECIFICALLY EXCLUDES ANY IMPLIED WARRANTY, MERCHANTABILITY OR USAGE OF TRADE IN THE FUBU LLC WEBSITE OR ANY PRODUCT TO THE FULL EXTENT ALLOWED BY NY CODE §2-314. The IOTAMERCH WEBSITE, and all information, products and materials furnished as part of the IOTAMERCH WEBSITE, are provided entirely on an “as is” basis. While IOTAMERCH LLC endeavors to provide information that is as accurate as possible, it assumes no responsibility for, and make no representations with respect to, the accuracy or completeness of any information, materials or product presented or identified. IOTAMERCH expressly disclaims any express or implied warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property relating to such information, material or products available for purchase. In no event will IOTAMERCH be liable for any and all indirect, general, special, incidental, consequential, exemplary or other damages (including, without limitation, damages for loss of profits or revenue, business interruption, corruption of files, loss of business information or any other pecuniary loss) even if IOTAMERCH has been advised of the possibility of such damages. Any use of the IOTAMERCH WEBSITE is at your own risk. In no event will IOTAMERCH or the officers, managers, members, agents or employees thereof be liable to you or anyone else for any decision made or action taken in reliance on the information and materials available on the IOTAMERCH WEBSITE, or products available for purchase thereon. IOTAMERCH makes no representations, warranties or guarantees that the IOTAMERCH WEBSITE will be free from loss, destruction, damage, corruption, attack, viruses, interference, hacking, or other security intrusion, and IOTAMERCH disclaims any liability relating thereto.

Indemnification

Under no circumstances will IOTAMERCH be liable to you for any losses arising out of any event or use of a product that is beyond its reasonable control. You accept that IOTAMERCH has an interest in limiting the personal liability of its officers, managers, members, agents, and employees and, having regard to that interest, you acknowledge that IOTAMERCH is a limited liability company, and therefore, agree that you will not bring any claim personally against its officers, managers, members, agents, and employees in respect of any losses you suffer in connection with the IOTAMERCH WEBSITE, this disclaimer, or any products available for purchase thereon. As such, you will indemnify and hold IOTAMERCH, its directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any suits or claims arising out of (i) your breach of this agreement, including without limitation any infringement by you of the copyright or intellectual property rights of any third party; (ii) your use or misuse of the site, or (iii) any damages you incur as a result of any product liability claims.

Law and Jurisdiction

This disclaimer and terms of services shall be governed by and construed in all respects in accordance with the laws of the State of New York, and any claim or dispute arising out of or related hereto shall be subject to the exclusive personal and subject matter jurisdiction of the state and federal civil courts located in the city of New York. You agree to waive any objections you may otherwise have to that jurisdiction.

Revision

IOTAMERCH reserves the right to discontinue, stop publishing and/or alter any or all of the IOTAMERCH WEBSITE at any time in its sole discretion without notice or explanation to the USERS. As such, IOTAMERCH may revise this disclaimer from time to time. The revised disclaimer shall apply to the use of the IOTAMERCH WEBSITE from the date of publication as and when identified here: June 4th, 2019. Any inquiries about the IOTAMERCH WEBSITE or its terms and conditions can be directed to hello@iotamerch.com, or sent to the following address:
IOTAMERCH