TERMS, CONDITIONS AND RETURN/REFUND POLICY
ISH TERMS AND CONDITIONS
These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
Individuals under 18 years of age may use this website, but are prohibited from purchasing goods or services from us.
- meet any applicable law, regulation, legal process or enforceable governmental request.
- enforce applicable Terms of Service, including investigation of potential violations.
- detect, prevent, or otherwise address fraud, security or technical issues.
- Protect against harm to the rights, property or safety of us, our users or the public as required or permitted by law.
License to use website
Unless otherwise stated, ISH and/or its licensors own the intellectual property rights in the website and material on the website, protected by copyright and other proprietary rights of the United States and foreign entities. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
- republish material from this website (including republication on another website);
- sell, rent or sub-license material from the website;
- show any material from the website in public;
- reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
- edit or otherwise modify any material on the website; or
- redistribute material from this website except for content specifically and expressly made available for redistribution.
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without ISH’s express written consent.
You must not use this website to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing without ISH’s express written consent. ISH is not intended to be a marketplace for goods and services but may feature website advertising and marketing affiliations in the future.
Access to certain areas of this website is restricted. ISH reserves the right to restrict access to other areas of this website, or indeed this entire website, at ISH’s discretion.
If ISH provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.
ISH may disable your user ID and password in ISH’s sole discretion without notice or explanation.
ISH makes no guarantee that it will be monitoring the website at any particular time.
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
You grant to ISH a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to ISH the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal, pornographic or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or ISH or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
ISH reserves the right to edit or remove any material submitted to this website, or stored on ISH’s servers, or hosted or published upon this website.
Notwithstanding ISH’s rights under these terms and conditions in relation to user content, ISH does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
ISH will respond to legitimate requests under the Digital Millennium Copyright Act (“DMCA”), and retains the right to remove user content on the website that ISH deems to be infringing the copyright of others. If you become aware of user content on the website that infringes your copyright rights, you may submit a properly formatted DMCA request (see 17 U.S.C. § 512) to the website.
Misrepresentations of infringement can result in liability for monetary damages. You may want to consult an attorney before taking any action pursuant to the DMCA.
In any matters involving you assertion of copyright infringement on the website, please send the following information to us at firstname.lastname@example.org:
- The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf;
- Identification of the copyrighted work claimed to have been infringed, or a representative list of such works;
- The URL or Internet location of the materials claimed to be infringing or to be the subject of infringing activity, or information reasonably sufficient to permit us to locate the material;
- Your name, address, telephone number and e-mail address;
- A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
If we remove your user content in response to a copyright or trademark notice, ISH will notify you via the website’s private messaging system and offer to provide you with a copy of the notice. If you believe your user content was wrongly removed due to a mistake or misidentification of the material, you can file a counter-notice with us that includes the following:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled and where the material was located online before it was removed or access to it was disabled.
- A statement by you, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of federal district court for the judicial district in which the address is located, or if your address is outside the United States, for nay judicial district in which the service provider may be found, and that you will accept service of process from the person who provided notification under DMCA 512 subsection (c)(1)(c) or an agent of such person.
Upon receiving a counter-notice, we will forward it to the complaining party and tell them ISH will restore your content within ten (10) business days. If that party does not notify us that they have filed an action to enjoin your use of that content on the website before that period passes, we will consider restoring your user content to the site.
It is the website’s policy to close the accounts of users ISH identify as repeat infringers. We apply this policy at our discretion and in appropriate circumstances, such as when a user has repeatedly been charged with infringing the copyrights or other intellectual property rights of others.
This website is provided “as is” without any representations or warranties, express or implied. ISH makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, ISH does not warrant that:
- this website will be constantly available, or available at all; or
- the information on this website is complete, true, accurate, non-misleading, or not state or out of date.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. [If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.
Limitations of liability
ISH will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
- for any direct loss;
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if ISH has been expressly advised of the potential loss.
Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Class arbitrations, class actions, private attorney general actions, consolidation of your dispute with other arbitrations, or any other proceeding in which either party acts or proposes to act in a representative capacity are not permitted and are waived by you, and an arbitrator will have no jurisdiction to hear such claims.
If a court finds that the class action waiver in this section is unenforceable as to all or some parts of a dispute, then the class action waiver will not apply to those parts. Instead, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. If any other provisions of this dispute resolution section is found to be illegal or unenforceable, that provision will be severed with the remainder of this section remaining in full force and effect.
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit ISH’s liability in respect of any:
- death or personal injury caused by ISH’s negligence;
- fraud or fraudulent misrepresentation on the part of ISH; or
- matter which it would be illegal or unlawful for ISH to exclude or limit, or to attempt or purport to exclude or limit, its liability.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
You accept that, as a limited liability entity, ISH has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against ISH’s officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect ISH’s officers, members, employees, agents, representatives, subsidiaries, affiliates, successors, assigns and sub-contractors (collectively, the “ISH Parties”). For the purposes of these Terms and Conditions, you are not one of the ISH Parties.
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
You hereby indemnify and defend ISH and the ISH Parties and undertake to keep ISH and the ISH Parties indemnified from and against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by ISH and/or the ISH Parties to a third party in settlement of a claim or dispute on the advice of ISH’s and/or the ISH Parties legal advisers) incurred or suffered by ISH and/or the ISH Parties arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Breaches of these terms and conditions
Without prejudice to ISH’s other rights under these terms and conditions, if you breach these terms and conditions in any way, ISH may take such action as ISH deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
ISH may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
ISH may transfer, sub-contract or otherwise deal with ISH’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
These terms and conditions constitute the entire agreement between you and ISH in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with Florida law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Florida.
Effectiveness of Communication
The delivery of any communication from us is effective when sent by us, regardless of when you receive or read the communication. In addition, we are not responsible for communications that do not reach you if you have not provided us with our current contact information.
If we do not enforce any right or provision in this user agreement, that is not to be deemed a waiver of our right to do so in the future.
Fees and costs associated with online courses, events and special programs are non-refundable.
For items purchased from the ISH Shop: You have 30 calendar days to return an item from the date you received it.
To be eligible for a return, your item must be unused and in the same condition that you received it.
Your item must be in the original packaging.
Your item needs to have the receipt or proof of purchase.
Ship your returns to: ISH – 100 South Pine Island Road Suit #201 Plantation, FL 33324.
Fees and costs associated with online courses, events and special programs are non-refundable.
If you choose to return an item from the ISH Shop, once we receive the item, we will inspect it and notify you that we have received your returned item. We will immediately notify you on the status of your refund after inspecting the item.
If your return is approved, we will initiate a refund to your credit card (or original method of payment). You will receive the credit within a certain amount of days, depending on your card issuer’s policies.
You will be responsible for paying for your own shipping costs for returning your item. While ISH does not charge shipping, we do incur a cost every time we send you an item. Therefore, if you receive a refund, the cost of shipping an item to you will be deducted from your refund.
If you have any questions on how to return your item to us, please contact us.