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Terms Of Use

Effective Date: November 28, 2024

Last Updated: November 28, 2024

These Terms and Conditions (“Terms”) govern your use of the iFade website and services (“Service”) operated by Plum Island Inc. (“Seller,” “we,” or “us”). By accessing or using our Service, you agree to these Terms. If you do not agree, do not use our Service.


1. Scope of Application

1.1 These Terms apply to all contracts between the Seller and any consumer or business (“Client”) for goods and services offered on the Seller’s online store.

1.2 Any additional or conflicting terms proposed by the Client are expressly rejected unless agreed to in writing.

1.3 For the purposes of these Terms:

  • A “consumer” is any individual acting for personal purposes unrelated to business.

  • A “business” is any individual or entity acting for commercial or professional purposes.


2. SMS Marketing Terms

By consenting to SMS marketing during checkout or by subscribing to our subscription services, you agree to receive recurring transactional and promotional messages, including abandoned cart reminders and review requests. Message frequency may vary, and data and message rates may apply.

To unsubscribe, reply with “STOP” to any message, or use the provided unsubscribe link. Other opt-out methods, such as alternative words or phrases, are not valid. For assistance, reply with “HELP” to the number sending the messages or contact us at https://ifade.co/pages/contact-us.


3. Conclusion of the Contract

3.1 Product listings on our website are invitations to make an offer. A binding contract is formed when:

  • You receive an order confirmation.

  • The goods are delivered.

  • You make a payment and we accept it.

3.2 All order-related communications will be conducted via email. Ensure your email is accurate and that our messages are not blocked by spam filters.


4. Prices and Payment

4.1 All prices are displayed in U.S. dollars and may also be displayed in the local currency of your country for convenience. Prices include applicable taxes unless stated otherwise. Shipping costs, where applicable, are displayed separately.

4.2 Payments must be made via the options provided during the checkout process on our website.


5. Shipping and Delivery

5.1 Orders are shipped to the address provided at checkout. The Client is responsible for ensuring the accuracy of this address. Delivery times are estimated and subject to delays.

5.2 Undeliverable orders due to incorrect information or refusal to accept delivery will incur additional costs, except in cases of the Client’s cancellation rights or force majeure.

5.3 We are not liable for delays or damages caused by third-party shipping providers or events beyond our control, such as weather, strikes, or acts of God.


6. Warranty and Returns

6.1 We comply with applicable Utah and federal consumer protection laws. If a product is defective, you may request a repair, replacement, or refund as permitted by law.

6.2 Claims for defects must be submitted within 30 days of receipt of the goods and must include clear evidence of the defect.



7. Membership Terms (iFade Club)

When you take advantage of this offer, you’ll become a member of the iFade Club and agree to a monthly membership fee of $39.99, which will be billed automatically. As a member, you’ll enjoy exclusive benefits, including:

  • Exclusive discounts

  • Free shipping

  • Priority support

To cancel, submit a cancellation request at least 3 business days before the next billing cycle via the form on our website or by contacting us at https://ifade.co/pages/contact-us.


8. Disclaimer of Warranties

8.1 All products and services are provided "as is" and "as available," without any warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

8.2 We do not guarantee uninterrupted, error-free, or secure access to our Service.


9. Limitation of Liability

9.1 To the maximum extent permitted by Utah law, we are not liable for indirect, incidental, or consequential damages, including but not limited to loss of profits, revenue, or data.

9.2 In no event will our liability exceed the amount paid by you for the product or service that gave rise to the claim.


10. Indemnification

You agree to indemnify, defend, and hold harmless Plum Island Inc., its officers, employees, and agents, from any claims, damages, losses, or expenses (including reasonable attorney’s fees) arising from your use of our Service or violation of these Terms.


11. Arbitration and Dispute Resolution

11.1 Mandatory Arbitration: All disputes, claims, or controversies arising out of or related to these Terms or your use of our Service must be resolved exclusively through binding arbitration under the rules of the American Arbitration Association (“AAA”).

11.2 Waiver of Class Actions and Jury Trials: By agreeing to arbitration, you waive your right to participate in class actions and jury trials.

11.3 Location and Governing Law: Arbitration will take place in Utah. These Terms are governed by the laws of the State of Utah.


12. Force Majeure

We are not responsible for any failure or delay in performing our obligations due to events beyond our reasonable control, including but not limited to natural disasters, government actions, or supply chain disruptions.


13. Amendments

We reserve the right to update these Terms at any time. Changes will take effect upon posting on our website. Continued use of our Service constitutes acceptance of the revised Terms.


14. No Waiver

Failure to enforce any part of these Terms does not constitute a waiver of our rights to enforce them at a later date.


15. Severability

If any part of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.


16. Privacy Policy

Your privacy is important to us. For details on how we collect, use, and store your data, please review our https://ifade.co/pages/privacy-policy.


17. Non-Litigation Clause

By using our Service, you agree that any disputes will be resolved through arbitration as outlined above, and you waive your right to file lawsuits or take any legal action in court. Any claims must be brought within one year from the date the claim arises or be forever barred.


Accountability for content

The contents of our pages have been created with the utmost care. However, we cannot guarantee the contents' accuracy, completeness or topicality. According to statutory provisions, we are furthermore responsible for our own content on these web pages. In this matter, please note that we are not obliged to monitor the transmitted or saved information of third parties, or investigate circumstances pointing to illegal activity. Our obligations to remove or block the use of information under generally applicable laws remain unaffected by this as per §§ 8 to 10 of the Telemedia Act (TMG).


Accountability for links

Responsibility for the content of external links (to web pages of third parties) lies solely with the operators of the linked pages. No violations were evident to us at the time of linking. Should any legal infringement become known to us, we will remove the respective link immediately.


Copyright

Our web pages and their contents are subject to US copyright law. Unless expressly permitted by law, every form of utilizing, reproducing or processing works subject to copyright protection on our web pages requires the prior consent of the respective owner of the rights. Individual reproductions of a work are only allowed for private use. The materials from these pages are copyrighted and any unauthorized use may violate copyright laws.