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Terms of Use

Last Updated: 11 FEB 2023

 

Welcome to invictusorder.com (“Site”) operated by IRON HILLS LLC (“Company,” “Iron Hills,” “we,” “our,” or “us”).  Please read these Terms of Use and our   Privacy Policy  carefully because they detail your use of the Site, its content, and functionalities accessible via the Site offered by Company, a Maryland limited liability company.  Important information, such as notice regarding arbitration and other provisions can be found within.  If you do not agree to the Terms of Use, discontinue use the Site or any of the Company’s services.

 

Site Access      

 

The Company authorizes you to use the Site for your personal use.  You may not interfere with the operation of the Site or make changes to it.  You may not use any technology to monitor the traffic on the Site or copy the content contained on the Site without written authorization.

 

The Site is intended for users who are at least 18 years of age and capable of forming a binding contract with the Company, and not otherwise barred from using the Site under applicable law. Persons under the 18 years of age are not permitted to use the Site or any of the Company’s services.       

 

We reserve the right to deny any person the use of the Site (including blocking certain IP addresses).

 

The information provided on the Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which would subject us to any registration requirement within such jurisdiction or country.

 

The regulatory regime governing blockchain technologies remains uncertain, and new regulations, law, or policy may materially adversely affect the development and performance of this Site.

 

Changes To These Terms of Use or Site

 

The Company, in its sole discretion, reserves the right to change these Terms of Use at any time.  Any and all changes will take effect immediately upon posting.  By continuing to use the Site after changes are made to these Terms of Use, you are indicating your consent to the new terms of use and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms of Use every time you use the Site.

 

Prohibited Activities

 

As a user of the Site, you agree not to:

 

1)    Circumvent, disable, tamper, or otherwise interfere with security-related features, technical delivery systems, software, or service of the Site.

2)    Make improper use of our support services or submit false reports of abuse or misconduct.

3)    Use the Site in a manner inconsistent with any applicable laws or regulations.

4)    Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or that modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.

5)    Engage in any automated use of the system, such as using scripts, or using any data mining, robots, or similar data gathering and extraction tools.

6)    Delete the copyright or other proprietary rights notice from any content on the Site.

7)    Impersonate, misrepresent, or attempt to do the same with regard to another user or person or use the wallet of another user.

8)    Use, display, mirror or frame the Site or any individual element within the Site, Site’s name, any Iron Hills’ trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Iron Hills’ express written consent.

9)    Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).

10) Interfere with, disrupt, or create an undue burden on the Web Site or the networks or services connected to the Site.

11) Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.

12) Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

13) Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion thereof.

14) Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.

15) Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.

16) Use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software except as may be the result of standard search engine or Internet browser usage.

17) Encourage or enable any other individual to do any of the foregoing.

 

Intellectual Property

 

Iron Hills respects the intellectual property and right of publicity of others. We may make available through the Site content that is subject to these rights.  We, our licensors, or third parties who otherwise own the rights, retain all rights to that content.  Examples of Iron Hills trademarks include but are not limited to “IRON HILLS,” the Iron Hills logo, INVICTUS ORDER, and Invictus Order (logo).

 

Disclaimer of Warranties

 

THIS SITE IS OFFERED “AS IS” TO THE GREATEST EXTENT PROVIDED BY LAW.  THE COMPANY IN NO WAY MAKES ANY WARRANTY REGARDING THE USE, OPERATION OR CONTENT OF THE SITE OR ANY OTHER SITE LINKED TO THE SITE.  THE COMPANY DISCLAIMS ALL WARRANTIES INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.  THE COMPANY MAKES NO WARRANTY THAT THE SERVER THAT MAKES THE SITE AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  Some states or jurisdictions do not allow the exclusion of implied warranties, conditions or limitations on how long an implied warranty may last, so the above limitations may not apply to you.  You may have other rights which vary from state to state or jurisdiction to jurisdiction.

 

We cannot guarantee that the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

 

Limitation of Liability

 

To the greatest extent permitted by law, the Company shall not be liable for any loss or damages (whether direct, indirect, consequential, incidental, or otherwise) resulting from any use of the Site or any Company services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to, or resulting in, any way from any third-party content or any contact with third-party websites. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US OR $100.00 USD. Some states or jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, so the above limitations may not apply to you. 

 

Links to and Services via Third Parties

 

The Site may contain links to websites operated by third parties and offer services through third parties.  You access such websites at your own risk. Nevertheless, the Company requests any feedback you may have regarding links provided on the Site. As provided above, you shall hold us harmless from any losses sustained by you or harm caused to you relating to, or resulting in, any way from any third-party content or any contact with third-party web sites.   We have no control over and assume no responsibility for the content, terms, privacy policies or practices of any third party websites or applications.  Providing information to third-party websites or applications is at your own risk.

 

Indemnification

 

You agree to indemnify, defend, and hold harmless the Company and its officers, employees, agents, shareholders, directors and suppliers against all claims, liability, damages, costs, and expenses, including reasonable legal fees and expenses, resulting out of any violation of these Terms of Use or any activity related to your use of the Site or Company’s services (including negligent or wrongful conduct) by you or any other person accessing the Site using your internet account.

 

General Provisions and Dispute Resolution

 

These Terms of Use and any additional terms posted on the Sites constitute the entire agreement between the parties.  The Terms of Use shall be governed and construed in accordance with the laws of the State of Maryland, U.S.A., without any reference to its conflicts of law rules.  The governing law and forum is applicable and will apply regardless if you are a resident of a jurisdiction where applicable law prohibits arbitration of disputes. 

 

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each "Dispute" and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least sixty (60) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.  As part of this informal dispute resolution process, you must deliver your written notice via first-class mail to us at 10045 Baltimore National Pike Unit A7 #569 Ellicott City, MD 21042 and provide an email copy to contact@ironhills.io.

 

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively be resolved through binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website: www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Howard County, Maryland. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

 

If for any reason a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Howard County, Maryland, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) is excluded from these Terms of Use.

 

In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

 

BOTH PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

 

As limited exceptions to the above, we may both seek to resolve a Dispute in small claims court, if it qualifies and we each retain the right to seek injunctive or other equitable court to prevent/enjoin the infringement or misappropriation of intellectual property rights.

 

Severability

 

If for any reason a court of competent jurisdiction finds that any provisions, or portion thereof, of these Terms of Use are unenforceable, that provision shall be enforced to the maximum extent permissible by law, and the remainder of these Terms of Use shall continue in full force and effect.   

 

No Waiver

 

Any failure by Iron Hills to enforce any right or term of these Terms of Use will not be considered a waiver of such right or term. The waiver of any such right or term will be effective only if in writing and signed by a duly authorized representative of Iron Hills. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

 

Questions

 

Thank you for visiting the Site.  If you have any questions, please contact us at: contact@ironhills.io.