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Terms of Use

Updated: Mar 25, 2022

Set forth below is the Terms of Use (“Terms of Use”) for Ideal Concepts, Inc. (“Ideal Concepts,” “we,” “us,” or “our”) which governs your use of the Ideal Concepts website located at www.idealconcetpts.com. These terms describe your rights and obligations with respect to the website and should be read carefully. By accessing the website, you confirm that you have read the Terms of Use, and that you agree to be bound by it. This includes how any disputes must be resolved through arbitration. If you do not agree to these terms, please stop using the website immediately.

Your use of the website is governed by the Privacy Policy, located at https://idealconcepts.com/privacy, which is incorporated here by reference.

Your Consent

The information you provide us on this website is on a strictly voluntary basis. By voluntarily providing your information to us, you are consenting to be contacted for telemarketing purposes by the Ideal Concepts via telephone, text message, email, or other provided means, including calls which may be automatically sent with an autodialer, an artificial or prerecorded voice, or other automation technology. You understand that your telephone company may impose charges on you for these contacts. Additionally, you understand that you are not required to enter into this agreement as a condition of purchase for any products or services.

No warranties

This website is provided “as is” without any representations or warranties, express or implied. Ideal Concepts, Inc. 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, Ideal Concepts, Inc. does not warrant that:

  • this website will be constantly available, or available at all; or
  • the information on this website is complete, true, accurate, or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any matter you should consult an appropriate professional.

Accuracy and Continuity

Although Ideal Concepts reserves the right to update or correct information on the website at any time, in no way is the Ideal Concepts responsible for the accuracy, reliability, currency, or completeness of any information, content, materials, advice, products, services, functionality, or other resources available in connection with the website, including information displayed directly on the website and/or communicated through third-party insurance agents and agency partners.

Ideal Concepts shall not be held liable for technical failures of, or inability to access or use, the website for any reason.

User Conduct

You agree not to make any unauthorized use of this website or any content or features available on this Website. You are responsible for all use of your account (including username and password, if any). As a condition to your continued access to and use of this website, you agree: (a) you will protect your username and password; (b) you will assume full responsibility and liability for all website activity under your account; (c) by using this website you hereby represent and warrant that you are eighteen (18) years old or over; and (e) Ideal Concepts reserves the right and you hereby acknowledge its right to cancel your account or block or otherwise prevent your future access to or use of this Website.

You warrant that you will not use the website for any purpose that is unlawful or prohibited by this Terms of Use. You may not (and may not authorize any party to) (i) co-brand, frame, or redistribute the website or related content; (ii) translate, adapt, reverse engineer, decompile, disassemble, or otherwise modify the website other than as expressly permitted by law; (iii) incorporate the website or related materials in any other product, or create derivative works based thereon; or (iv) duplicate the website or related material without the express prior written permission of an authorized representative of Ideal Concepts. As used herein, "co-brand" means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute the website or related material. You may not use the website in any manner which could disable, overburden, damage, or impair the website or interfere with any other party’s use of the website.

You should not send confidential or protected information or creative materials to us via this website that you do not want to become the exclusive property of Ideal Concepts. Any communication or material you transmit or post to this website, including any data, questions, comments, notes, suggestions, or the like, is, and will be treated as, non-confidential, non-proprietary and unprotected information. Anything you transmit or post to this website shall be deemed to have been assigned to Ideal Concepts, shall remain the exclusive property of Ideal Concepts and may be used anywhere and in any medium, without compensation to you, by Ideal Concepts or its affiliates, for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast, licensing, and posting. Furthermore, Ideal Concepts is free to use, without compensation to you, any ideas, concepts, know-how, techniques, or other intellectual property contained in any communication you send to this website for any purpose whatsoever, including but not limited to, developing, manufacturing, and marketing products using such information.

Limitations of liability

Ideal Concepts, Inc. 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:

  • to the extent that the website is provided free-of-charge, for any direct loss; or
  • 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 Ideal Concepts, Inc. has been expressly advised of the potential loss.

SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Indemnification

You agree, at your expense, to indemnify, defend, and hold harmless Ideal Concepts, its officers, directors, employees, agents, affiliates, distributors, dealers, and licensees from and against any judgment, losses, deficiencies, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees and expenses) incurred in connection with or arising from any claim, demand, suit, action, or proceeding arising out of (i) your breach of these Terms of Use, (ii) in connection with your use of this website, or (iii) your violation of any law or right of any third-party. Ideal Concepts reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such matter without the prior written consent of Ideal Concepts. This indemnification section will survive any termination or expiration of these Terms of Use.

Exceptions

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 Ideal Concepts, Inc.'s liability in respect of any:

  • death or personal injury caused by Ideal Concepts, Inc.'s negligence; or
  • fraud or fraudulent misrepresentation on the part of Ideal Concepts, Inc.; or
  • matter which it would be illegal or unlawful for Ideal Concepts, Inc. to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

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.

Other parties

You accept that Ideal Concepts has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Ideal Concepts' 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 Ideal Concepts' officers, employees, agents, subsidiaries, successors, assigns, and sub-contractors as well as Ideal Concepts.

Unenforceable provisions

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.

ARBITRATION AGREEMENT AND CLASS & REPRESENTATIVE ACTION WAIVER

ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU, ON THE ONE HAND, AND IDEAL CONCEPTS OR ITS SUPPLIERS OR VENDORS, ON THE OTHER HAND, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AGREE THAT IDEAL CONCEPTS AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS AND REPRESENTATIVE ARBITRATIONS AND CLASS AND REPRESENTATIVE ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS AND/OR REPRESENTATIVE ACTION. The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (currently available at https://www.adr.org/aaa/faces/rules/searchrules/rulesdetail?doc=ADRSTAGE2021424 ), as amended by this Agreement.

The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. If you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Ideal Concepts will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. The arbitrator's decision will follow the terms of this Agreement and will be final and binding. The arbitrator shall decide all gateway issues, including arbitrability and disputes concerning the scope of this arbitration provision. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this Agreement will preclude you from bringing issues to the attention of federal, state, or local agencies and, if the law allows, such agencies can seek relief against us for you.

With the exception of any of the language above in this Dispute Resolution provision relating to the waiver of class and representative actions, if a court decides that any part of this Dispute Resolution provision is invalid or unenforceable, the other parts of this Dispute Resolution provision shall still apply. If a court or arbitrator decides that any aspect of the language above in this Dispute Resolution provision relating to the waiver of class and representative actions is invalid or unenforceable, then the entirety of this Dispute Resolution provision shall be null and void. The remainder of the Agreement will continue to apply and be unaffected by this severability provision.

Furthermore, if a court or arbitrator decides that any aspect of the language above in this Dispute Resolution provision relating to the waiver of class and representative actions is invalid or unenforceable or that, for any other reason, a dispute is not subject to arbitration, you are also waiving your right to pursue a class and/or representative in court.

Applicable Law

The validity, construction, and performance of this Agreement and the legal relations among the parties to this Agreement shall be governed by and construed in accordance with the laws of the Pennsylvania without giving effect to its conflict of law principles. In any arbitration proceedings, the arbitrator will apply the laws of the Pennsylvania without regard to principles of conflict of laws. To the extent a claim is deemed not to be arbitrable, the Parties agree that venue shall be in either the Court of Common Pleas of Lehigh County, Pennsylvania, or the Federal Court for the Eastern District of Pennsylvania as appropriate under the jurisdictional rules applicable to such courts.

Copyright

Ideal Concepts has made the content of the website and/or web pages available to the public, yet no one may copy or distribute the information contained therein without the express consent of Ideal Concepts. However, Ideal Concepts makes no express or implied warranty that materials contained therein are free of copyright claims or other restrictions or limitations of free use or display. Ideal Concepts including its authors and licensed insurance professional partners shall not be held liable for any damages that may arise from viewing, distributing, or copying of materials on its websites and/or web pages.

If you know or suspect that any of the materials on the website have been used or copied in a way that constitutes copyright infringement, please send notice to our designated agent identified below. According to the U.S. Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(3), your notice must comply with the following requirements:

  1. A physical or electronic signature of the copyright owner or person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a notification, a representative list of such works at that website; and
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; and
  4. Information reasonably sufficient to permit us to contact you, such as address, telephone number, and, if available, an electronic mail address at which you may be contacted; and
  5. A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owners, its agent, or the law; and
  6. A statement that the information in the notification is accurate and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The designated agent for notice of copyright infringement claims may be reached as follows:

Ideal Concepts, Inc.
667 Union Blvd
Allentown, PA 18109
privacy@idealconcepts.com
ATTN: Compliance Department

The preceding information is provided exclusively for notifying us that your copyrighted material may have been infringed. All other inquiries, such as product related questions and requests or concerns regarding improper postings and/or content, will not receive a response through this process.

Contact Us

Ideal Concepts, Inc.
667 Union Blvd
Allentown, PA 18109
privacy@idealconcepts.com
610-740-0000